ASSERT YOUR CONSTITUTIONAL RIGHTS IN 2019

You may have never been in a position where you needed to flex your constitutional rights.  In fact, many reading this might say: if I am doing nothing wrong, why should I assert my rights?  Won’t this make things harder for me?

I can answer that for you real quick – you MUST assert your rights, as an American, many men and women have fought, bled, and died for those rights.  You MUST because that IS how you live up to your role as a US Citizen.  Do you realize that when people become lawyers, law enforcement, become new US citizens, or assume many government positions – they swear an oath to “support and defend the constitution of the United States…”?

When YOU flex your rights, regardless of whether you are not engaged in nefarious behavior…is vital to maintaining those rights in a free society.

NOTE: Asserting your rights DOES NOT MEAN being rude, aggressive, or combative with any agent of the State (Police officer, Sheriff, Constable, District Attorney, etc, etc.).  Be assertive, but be polite and respectful.

Almost every law enforcement official you encounter is doing their job to the best of their ability, and doing it for the right reasons.  Treating agents of the State with respect and cordiality goes a long way, even if you are refusing to give consent or forfeit other important rights.  Additionally, as with anyone else you encounter, law enforcement will notice how you treat them, and MOST will respond by treating you with dignity and respect as well.

MY CHALLENGE TO YOU THIS NEW YEAR:

ASSERT YOUR CONSTITUTIONAL RIGHTS!  

Some of you are on board, but may not know exactly what I mean by asserting your constitutional rights.  So, the following are some ways in which you can stand tall and speak truth to power!

#1 Never Consent to a search without being presented with a search warrant

This is a little easier said than done, and will require you to assert your rights in an often precarious position at the side of the road, or with Officers pushing their way inside your residence.  Why is this so important?  Because knowing and voluntary consent to a search of your person or property is an exception to the warrant requirement, and oftentimes will foreclose any legal arguments in Court about the validity of the search!

#2 DO NOT Volunteer Or Admit to Any Illegal Activity

You may think you are better off if you fess up to some sort of illegal activity, in hopes that the honesty will make the Officer appreciative, and maybe they will let you off.  This is a terribly unwise thing to do – once you have admitted to committing any arrestable offense, its GAME OVER – you are at the mercy of the Officer.  Your person and effects can be searched.  You are highly likely to be arrested, and any legal objections to the search or seizure of your person or property are highly likely to fail.  (which is anything except speeding or driving with an open container)

#3 If There is even a remote possibility you are Suspected of a Crime – REMAIN SILENT 

You do not need to wait until a police officer tells you “you have a right to remain silent…” when they read you Miranda Warnings – you ALWAYS have the right to remain silent!  You cannot be forced to speak with any agent of the government.  Your 5th Amendment right against self incrimination means you always can state: “I am invoking my right to remain silent, I will not be making any statement or answering any questions.”

#4 DO NOT Answer Any Questions

This one is hard.  You will be in a coercive situation: there is a police officer focused on you, demanding that you waive your rights and answer his questions.  Maybe he has lied to you and told you that if you agree to talk to him, they will cut you a break, or pass along a good word to the District Attorney.  This deception will not get the officer in any trouble, of course, the Supreme Court has decided that law enforcement is permitted to lie to you in order to obtain a confession.

Especially if charges have not been filed yet – if you are contacted by law enforcement in any sort of criminal investigation where you may be suspected of a crime, DO NOT speak with the police or answer any questions.  Politely, bu assertively, inform the officer you will not be answering any questions without the presence of your attorney.

#5 Assert Your Right to Consult with an Attorney

If you find yourself facing any criminal charges, or subject to questioning by law enforcement in ANY capacity, demand your 6th Amendment Right to consult with an attorney.  Something like this will work: “I am asserting my right to consult with an attorney.  At the earliest opportunity, I request use of a telephone to contact my attorney.”  Repeat as needed (and you will likely have to repeat this to several officers, especially in tense situations.”).

If you are accused of ANY CRIME, you need an attorney with a track record of successfully defending criminal cases.

 Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

Prior to being signed into law, it saw overwhelming support in the legislature, where it passed by a 111-30 after the addition of a last minute amendment by Jeff Leach of Plano to waive the fee for law enforcement.

The law began as Senate Bill 16, proposed by state Senator Robert Nichols.  The measure reduced the first-time fee for a license to carry from $140 to $40 and the annual renewal fee from $70 to $40. The fee would cover the Department of Public Safety’s cost to manage the license program as well as $27 for county, state and federal background checks.

“The problem is we have the third-highest fee [for a license to carry] in the nation,” said state Representative Phil King of Weatherford, who siagned onto the bill along with 22 members of the Texas House as authors or co-authors.

At $140, the Texas license fee was 3rd highest in the nation behind Illinois and Arkansas.

House democrats criticized the law, contending that the reduced fee will cost the state roughly $12.6 million in 2018.

When Governor Abbot signed the Bill into law on May 29, 2017, he did it at a gun range to celebrate.

It is a tempting proposition for people when they are charged with a crime: avoid jail and go on probation / deferred adjudication.  But is it really that good of a deal?

Why it MAY be is a GOOD deal

The obvious first: you do not have to go to jail if you abide by all the conditions of your probation / deferred adjudication.  You can continue to lead a fairly normal life, so long as you abide by all the conditions.  This is great for people that want to continue to work or go to school.

If it is deferred adjudication, another reason it may be a good deal for you is that, so long as you complete it successfully, you will not have a conviction on your record.

Additionally, if you complete deferred adjudication, you may be able to get the records related to the offense “sealed’ through an Order of Nondisclosure.  However, this only will prevent its disclosure from public inquiries; Law enforcement and state licensing authorities (Eg…Board of Nursing, State bar of Texas, teachers, pretty much any licensing authority).

Why it MAY be a BAD Deal 

It can be a tightrope walk.  You may be facing a LOT of conditions, ranging from fines, fees, ignition interlocks and home alcohol monitoring devices (and paying for their associated maintenance and calibration fees), community service, court ordered classes, the list goes on and on.

If you fail to do any of these things, any one of them by itself can be enough to revoke your probation and sentence you to jail (or adjudicate you guilty and impose a sentence).

Also, if you fail a urinalysis test, you could wind up with a conviction.

What Every Defendant NEEDS to Know Before Accepting Probation

Not all offenses qualify for an order of Non-Disclosure – that means that, although you do not have a conviction on your record, all the other information relating to the arrest, charges and disposition remains on your record forever (For example, Assault Family Violence can not be “sealed” by an order of non-disclosure).

If you mess up, you will go to jail until the Court addresses the alleged violations of the terms of your supervision.  if it is straight probation.

THE UGLY

If you mess up, you could end up doing more time than if you took jail/prison up front.  If it is Straight Probation (like a DWI), then you can be sentenced up to the length of the probationary term.  If it is deferred adjudication, however, you could be sentenced to the full range of punishment for the offense.  For example, if you are on deferred adjudication for Possession of 1-4 grams of cocaine for a period of 3 years, and you violate, you could be sentenced to up to 10 years!  This is because the range of punishment for that amount of cocaine is up to 10 yrs in TDC.

People are generally overly optimistic of their chances to complete probation.  It is a lot to deal with, and you need to b honest with yourself.  If you have been arrested before, what makes you think you can stay out of trouble now?  You certainly might be able to make a paradigm shift in your life, even though you have a wrap sheet a mile long, but you need to be realistic.

The Takeaway

Consider your options carefully, and discuss ALL the consequences of your plea of guilty and imposition of a suspended sentence with your attorney. There may be other options available that fit your situation.

CHARGED WITH CRIME?

It makes sense, right?  With thousands of people arrested for possession of small amounts of marijuana in Houston every year, this would reduce the overcrowding in the jails, making room for the more serious offenders.  Not to mention, it would stop criminalizing a crime that is only malum prohibidum (only because of a prohibition), not malum in se (wrong in of itself).

Ogg also noted that in a time when budgets for the County are tight and the Economy is shaky, it would save as much as 10 million dollars a year to be used on other things.  Is it really an intelligent use of our resources to send it locking up people for doing something in this state that someone and other states can now do with impunity (see Colorado and Washington and recreational use legalization)?  Ogg thinks not.

Now for some statistics: in 2013, more than 12,000 people in Harris County were charged in with marijuana possession of less than 4 ounces.  On average these “criminals” in possession of the demon weed were put behind bars for an average of five days.

The cost to taxpayers? $4.4 million a year.

Kim Ogg’s plan (if she is elected this November) would be to divert those suspected of misdemeanor possession into alternative punishments that would include a citation, being required to appear in court (like a traffic ticket), and being given two days of community service work, like cleaning up litter.   The icing on the cake?  If successfully completed, offenders would not have a conviction on their record.

“This is the future of marijuana prosecution in Harris County,” she said “Our tagline is ‘No jail, no bail, no permanent record, if you earn it.'”

She said the entire workforce could be used for “Clean and Green,” a program in which volunteers clean up garbage in the area’s bayous.

I am a card carrying libertarian, so I try not to get caught up in the political fray (mainly because I think both sides have fatal flaws to their positions).  BUT, this is very promising, and I sincerely hope that Ogg is elected this November.  It’s about time someone made marijuana law more reasonable in Houston.

Arrested for Possession of Marijuana?

Arrested for Driving under the influence of drugs?

If you’ve been accused of any offense involving Marijuana (including possession of Marijuana) or any drug crime,  contact attorney Tristan LeGrande by calling 281-684-3500.

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

I

Finally, a Texas candidate talking reasonably about Marijuana reform in Texas.

The $200,000 study was conducted by the nonprofit Police Executive Research Forum and Larry Hoover, a professor of criminal Justice at Sam Houston State University.

According to figures Houston police reported to the FBI, the city recorded the most burglaries of any of the nation’s 25 largest cities from 2004 through 2011. In 2011, Houston recorded 27,459 burglaries, with Chicago second at 26,420.

When adjusting for population among the top 25 cities, Houston has the seventh-highest rate of burglaries and of violent crimes per 100,000 residents, though Chicago is excluded from the violent crimes calculation because it tallies forcible rapes differently. When calculating the rate of violent crimes excluding rapes, Houston drops to eighth.

Why do I really think this occurred?

For one thing, let’s go back to one of my first blog posts…the large scale sting operation that led to the arrest of dozens of prostitutes and their johns.  How many officers and support personnel did that take?  How many of the resources that could have been used to investigate and track down thieves, hit and run drivers, and people who assault other people did this take – and for how long?

Why else could this have occurred?

Well I will tell you one thing that is tying up a ton of the resources of HPD – investigating and arresting people for drug crimes (and on a disturbingly large scale, for simple drug possession).  We put people in jail for pot. We put drug addicts in jails instead of treatment centers.  We prosecute trace cases again.  Get caught with even any detectable amount of a schedule I drug and you are looking at a felony charge and a possible jail sentence.

Add to this that we put people with mental health issues in prison, and things start to come together.

Yes, of course we are understaffed at HPD – but how are we using the resources that we do have?

Arrested for a drug possession offense?

Arrested for prostitution or solicitation of prostitution? 

If you’ve been accused of a criminal offense involving drugs or accused of a prostitution related offense contact attorney Tristan LeGrande by calling 281-684-3500.