Recently, Fentanyl has been used by cartels and other distributers of illicit drugs to make their batches of product more potent. Illicitly produced fentanyl is often sold as a powder or mixed with other drugs, such as heroin or cocaine, which can further increase the risk of overdose – particularly because most people do not even realize what they are taking has Fentanyl in it.

The use of fentanyl has become a significant public health concern in recent years, as overdose deaths involving the drug have increased dramatically. There are widely available home-test kits for Fentanyl that could be used by the masses to make sure they are not inadvertantly ingesting this powerful, deadly substance – but in Texas, they are illegal! Unbelievably, the cheap and easy to use test kits are considered drug paraphernalia in Texas under the Texas Health and Safety Code.

As previously stated, most overdose deaths from Fentanyl, unlike other controlled substances, are unintentional – as in, the person that took the Fentanyl did not intend, or even know what they comsumed had Fentanyl in it. Often illicitly pressed and manufactured pills that look identical to pharaceutical drugs, such as xanax, vicodin, or Oxycontin have appeared on the black market (with no indication of the deadly Fentanyl inside).

Finally, it appears as if the law might be changed, and the lifesaving test-kits made legally available to people in Texas. SB 86 has been proposed by Nathan Johnson of Dallas. If passed, it would

Act would allow individuals and organizations to possess and distribute fentanyl test kits without fear of legal repercussions. The bill specifies that the test kits must be FDA-approved and that the results of the test must not be admissible in any criminal or civil proceeding. Additionally, the bill includes provisions for immunity from prosecution for individuals seeking medical assistance during an overdose or seeking to help someone else who has overdosed.

The bill has received support from a range of stakeholders, including harm reduction advocates, law enforcement officials, and medical professionals, who believe that the legalization of fentanyl test kits could help to prevent overdose deaths and provide individuals with important information about the drugs they are using.

Unfortunately, many of us (myself included) have lost people we cared about because of accidental overdose on Fentanyl. Make sure to demand your congressman change the laws in Texas so we can save peoples lives! Regardless of how you feel about drugs, choosing to alter your consciousness, even illegally, should not be punishable by death!

Essentially, the new law states that any plant or substance derived from a plant, that has a THC concentration less than 0.3% is no longer defined as a controlled substance (or marijuana) for purposes of the Texas Health and Safety Code’s punishments for related offenses.

WHY TO NEVER PLEAD GUILTY TO POSSESSION OF MJ OR THC

1. TX crime labs Cannot quantify how much THC is in ANY substance

None of the Texas crime labs that are used to test for the presence of controlled substances has the ability to test for the QUANTITY of THC. The only thing that they can test for is the PRESENCE of THC. The GC/MS laboratory analysis are very sensitive, and can detect even 1 mg of THC, however, they DO NOT have the ability to quantify how much THC a suspected substance has.

This creates a HUGE problem for District Attorney’s Offices across the state. Simply put, they cannot prove that the suspected substance is actually controlled and regulated as a PG 2 substance, marijuana, or Hemp, because it has a THC concentration below the threshold level.

2. New law has enactment date of September 1, 2019 – HOWEVER, statutory construction dictates it be applied to ALL future cases.

Without nerding out too much…follow me on the statutory construction of a new law like the Texas Hemp Farm Act to understand WHY THE NEW LAW IS RETROACTIVE:

• The new law is outside the Texas Penal Code
• The new law is ambiguous because it has an enactment date, but no enabling legislation or a savings provision (basically this means that the new law does not specify to what offenses it applies to; eg, if a person is arrested before the enactment date and tried after the enactment date.
• When a law is ambiguous, the Texas Government Code gives guidance in the interpetation and application of a new statute under Chapter 311, TX GOV CODE.
• Under the Texas Government code: “If the penalty, forfeiture, or punishment for any offense is reduced by a reenactment, revision, or amendment of a statute, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the statute as amended.” TX GOV CODE 311.031(b)
• Since the penalty or punishment for substances with less than 0.3% THC is reduced, the new statute applies, despite when the alleged offense was committed.
• Applying the new Statute requires that the jury find beyond a reasonable doubt that the substance you were alleged to have possessed contained a THC concentration over 0.3%.

3. If they cannot prove the quantity of THC in a given substance, they cannot prove guilty Beyond a Reasonable Doubt

The labs cannot tell the difference between 95% THC and 0.00001 % THC.

BEFORE YOU PLEAD GUILTY TO POSSESSION OF THC OR MARIJUANA…

Call LeGrande Law for a FREE consultation

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande

281-684-3500

The legal climate in Mexico right now has unexpectedly come out on the side of individual liberty and against the drug war, even as they spent billions of dollars fighting that drug war every year. One could argue that the legal system is in conflict with the political goals of the country in the drug war. The caveat to the ruling is that it only applies to use and possession and does not authorize transfer or sale – an interesting legal gymnastics that will likely be modified over time.

Advocates of the ruling like Lisa Sanchez of Mexicans United Against Crime have commented: “This case is about insisting on the need to stop criminalizing … drug users and designing better public policies that explore all the available options.”

On the political side – the opposition is obvious, with the Mexican government’s Federal Commission for the Protection against Sanitary Risk saying it will attempt to block the judge’s order, which was handed down earlier this year and first announced Tuesday.

On the legal side their is review as well, with a panel of judges set to review the ruling and decide whether it should be carried out.

In Texas, possession of cocaine is a felony offense if you are in possession of any detectable amount (even residue that cannot be weighed in a lab). Section 481 of the Texas Health and Safety Code regulates cocaine possession – with it being listed as a Penalty Group 1 substance.

You will sometiemes see cocaine possession as “PCS PG1” on court paperwork. The penalties for possession of cocaine in Texas are as follows:

• Less than one gram: State Jail Felony (6mo – 2Y state jail).
• 1 to 4 grams: 3rd Degree Felony (2 – 10Y TDCJ)
• 4 to 200 grams: 2nd Degree Felony ( 2 – 20Y TDCJ)
• 200 to 400 grams: 1st Degree Felony (5 – 99Y TDCJ)
• More than 400 grams: 10 to99 years, or life

CATCH A DRUG CASE?

If you are accused of possession of cocaine or ANY controlled substance drug crime

Contact attorney Tristan LeGrande TODAY!

281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

Seems simple enough, but the majority of clients that call me with a legal issue do so AFTER they have already spoken to the police, made a statement, or even given a recorded interview. This can seriously damage their defense – if you the police are investigating a crime and they either tell you that you are a suspect, you think you may have done something illegal, or you have any reason to think you might be suspected of doing anything illegal – DO NOT SPEAK TO THE POLICE AND DO NOT ANSWER ANY QUESTIONS.

As you probably already know, the right to remain silent is an important right. The 5th Amendment to the US Constitution acknowledges the right not to be compelled to offer evidence against yourself. The “Miranda” rights we are all familiar with hearing from television is a reflection of the Supreme Court recognizing this very important right. What you don’t say can’t hurt you. If you find yourself in a situation where the police want yo question you or have you make a statement, you need to calmly, but assertively, inform the officer (or agent, investigator, etc) …

1. You will not be making any statement
2. You will not be answering any questions
3. If you are under arrest, you want to speak to a lawyer immediately.

Many people are intimidated when the police contact them and ask them to come in and answer questions or make a statement. Make sure you listen carefully to what the officer tells you – they are REQUESTING that you make a statement or answer questions. They will likely want you to sign something waiving the important rights I mentioned earlier. DO NOT DO IT.

One final important caveat is that you must ASSERT your right to remain silent if you are arrested. Simply staying quiet is not enough. If the police are asking you questions, you need to state simply “I am using my right to remain silent,” or something to that effect. Unfortunately, some cases have required this type of assertion to invoke all of your 5th amendment protections. See Salinas v. Texas, 133 S.Ct. 2174 (2013)

Before you even consider talking to the police, contact attorney Tristan LeGrande for a free consultation. If you have already been charged with a crime, don’t leave it up to chance! Hire an aggressive attorney with a track record of success!

LOCKED UP?

CALL LEGRANDE LAW!

281-684-3500

If you are accused of ANY CRIME, do not leave your future up to chance! You need an attorney with a track record of fighting criminal cases!

 Attorney Tristan LeGrande GETS RESULTS – CALL NOW – Free Consultation!

CONTACT ATTORNEY TRISTAN LEGRANDE TODAY!

It finally happened, Fort Bend County, Texas has taken the bold step of offering those found in possession of THC concentrate (wax, dabs, shatter, Tetrahydrocannibinol) the opportunity to avoid a felony on your record, and allow you to get your case dismissed. In the last several months, Fort Bend County rolled out the “Felony Fresh Start Cannabis Oil Diversion Program.” Details about the program can be found below.

For several years, counties like Harris County have been offering those found in the possession of small amounts of marijuana an opportunity to keep charges off their record, if they are found by law enforcement to be in possession of small amounts of Marijuana. Harris County residents can be found in possession of up to a quarter of a pound of marijuana (up to four ounces), and you are not even arrested or charged (so long as you are not accused of doing anything else wrong more than a traffic offense).

CLICK HERE to review additional info from the Harris County District Attorney website about the Misdemeanor Marijuana Diversion Program. 

The Fort Bend County Fresh Start Cannabis Oil Diversion Program does have certain criteria that he or she must meet in order to be eligible for the program:

• Be 17 years of age or older
• Formally charged with Possession of a controlled substance in penalty group 2 (Tetrahydrocannibinol), 400 grams or less (State Jail Felony3rd Degree Felony, or 2nd Degree Felony
• Has no additional charges arising out of the same arrest other than Class B possession of Marijuana, or Class C tickets
• Has no outstanding warrants other than Class C Misdemeanor tickets
• Is not on bond, deferred adjudication or probation in Fort Bend County or any other jurisdiction for any offense other than a Class C Misdemeanor.

A person is not eligible to participate in the Cannabis oil diversion program if he or she:

• Is a “true habitual,” or has a criminally violent background
• Commits the current offense in a “drug free zone”
• Commits the current offense in a correctional facility
• Does not enter the Cannabis Oil Diversion Program within the first 30 days of their first court appearance (unless the program was not in place at that time)
• Is not currently enrolled in the Fort Bend County Fresh Start Marijuana Diversion Program, the cannabis oil diversion program, or has been previously enrolled in either program.

Additionally, applicants to this program are required to submit an application packet containing Character reference letters, and proof of employment or enrollment in a school or university. The requirements for submission of this packet vary case by case. Please contact a criminal defense attorney with experience practicing in Fort Bend County for additional details about submission of the application packet.

So then why would you hire an attorney?

1. Not everyone is eligible,
2. There are new defenses available to Defendants now that hemp, hemp oil, and CBD oil are legalized. State owned laboratories do not currently have the ability to distinguish between the three because very small amounts of THC are contained in all three, and the labs can only detect the presence, not the quantity, of THC in the sample.
3. You still may be able to fight your case. If the stop or search of your person or property was illegal, you may be able to get your case dismissed, or evidence suppressed at trial.

***UPDATE *** making information public about the cannabis oil diversion program has brought attorney Tristan LeGrande significant blow-back from the Fort Bend County District Attorney’s Office, and even from fellow criminal defense attorney’s that practice in Fort Bend County (unhappy because this knowledge means fewer clients for some of them). Sorry, not sorry. The public DESERVES to know how TREATMENT OF THESE TYPES OF OFFENSES IS CHANGING!

CHARGED WITH POSSESSION OF THC (wax, dabs)?

If you are accused of any drug crime, including Possession of THC Concentrate, you need an attorney with a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

Potential punishments for evading arrest or detention depend on several things, namely, whether or not you were in a vehicle, and whether you failed to stop or were attempting to flee.  If accused of running from the police in a motor vehicle, or have a previous conviction for evading arrest – you are looking at Felony exposure.

What is Evading Arrest (Texas Penal Code 38.04) under Texas Law? 

TEXAS PENAL CODE Sec. 38.04. EVADING ARREST OR DETENTION.

(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.

Laymen’s terms: 1. Intentionally flee, 2. Person you know is a cop, 3. Attempting to lawfully arrest/detain.

• If charged with Evading arrest ON FOOT…the offense is a class A misdemeanor, with a potential punishment of up to 1 year in county jail and a fine not to exceed $4,000.

IF CHARGED WITH EVADING ARREST IN A MOTOR VEHICLE, IT IS A FELONY

38.04(b)(2) EVADING ARREST OR DETENTION (WITH A MOTOR VEHICLE)

(b)(2) An offense under this section is a felony of the third degree if the actor uses a vehicle or watercraft while the actor is in flight.

• If charged with evading arrest IN A MOTOR VEHICLE…the offense is a 3rd degree felony punishable by 2 to10 years in the Texas Department of Criminal Justice, and a fine not to exceed $10,000.

What is Eluding Arrest (Texas Transportation Code 545.421)? 

This is a lesser known offense that is seldom charged, but is often a more accurate way to describe a situation in which an officer is attempting to arrest or detain someone, but the person does not yield to their authority (they are not necessarily trying to flee, or get away, but just are not yielding to the officers order to stop).

Texas Transportation Code 545.421 Fleeing or Attempting to Elude Police Officer

CHARGED WITH EVADING ARREST?

CALL LEGRANDE LAW!

281-684-3500

Whether you are accused of evading arrest or detention, or ANY CRIME, do not leave your future up to chance!!!!  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 TODAY!

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

]]> https://legas.legrandelaw.com/criminal-justice/i-ran-from-the-police-and-they-caught-me-what-am-i-looking-at/feed/ 0 683 https://legas.legrandelaw.com/criminal-justice/a-new-years-resolution-exercise-your-constitutional-rights/ https://legas.legrandelaw.com/criminal-justice/a-new-years-resolution-exercise-your-constitutional-rights/#respond Fri, 28 Dec 2018 16:49:19 +0000 https://legas.legrandelaw.com/?p=719 Read More

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

]]>

Who gets charged when the drugs are found in a vehicle with mutual access?

Good question.  Here’s a lawyer answer: it depends.  (Please read on, regardless…they must be able to affirmatively link you to the controlled substances or other contraband they want to charge you with).

OK…now I’m charged for Drug Possession, BUT THEY’RE NOT MY DRUGS!  How do they prove Possession?

Another good question, you’re on a roll.  Under the Texas Health and Safety Code, possession is defined as “care, custody, control or management,” of the controlled substance at issue.

MANY PEOPLE plead guilty to drugs that cannot be linked to them. 

It is CRUCIAL to consult with an attorney that is an expert in possession.

CALL Attorney Tristan LeGrande of LeGrande Law!

So How do they prove Possession anyway?

Possession– actual care, custody, control, or management.  TX Health & Safety Code Sec. 481.002(a)(38).

• Driving vehicle where drugs found insufficient – you must prove: “affirmative links“:
  • State must prove the defendant exercised actual care, custody, control, or management over the contraband and (2) knew the object he possessed was contraband. Linton v. State, 15 S.W.3d 615, 619 (Tex.App.–Houston [14th Dist.] 2000, pet. ref’d).
  • Affirmative Links may be proved by circumstantial evidence, such evidence must affirmatively link the defendant to the offense, so that one may reasonably infer the defendant knew of the contraband’s existence and exercised control over it. See McGoldrick v. State, 682 S.W.2d 573, 578 (Tex.Crim.App.1985).
• “Affirmative links“ between the appellant & contraband include:
  • (1) appellant’s presence when the contraband was discovered;
  • (2) whether the contraband was in plain view;
  • (3) appellant’s proximity to and accessibility of the narcotic;
  • (4) whether the appellant was under the influence of narcotics when arrested;
  • (5) whether appellant possessed other contraband when arrested;
  • (6) whether appellant made incriminating statements when arrested;
  • (7) whether appellant attempted to flee;
  • (8) whether appellant made furtive gestures;
  • (9) whether there was an odor of the contraband;
  • (10) whether other contraband or drug paraphernalia was present;
  • (11) whether the place where the drugs were found was enclosed; and
  • (12) whether appellant owned or had the right to possess the place where the drugs were found.

Chavez v. State, 769 S.W.2d 284, 288-89 (Tex.App.–Houston [1st Dist.] 1989, pet. ref’d).

So what does this mean??  It means you should not even consider pleading  guilty to drug possession charges unless they were your drugs.  Just because you are in the car with someone that is holding, does not mean you can be charged with possession of the drugs they have on them!

If charged with possession of marijuana or possession of a controlled substance, DO NOT PLEAD GUILTY – Instead, contact LeGrande Law…we have a track record of winning drug possession cases!

LEGRANDE LAW WINS DRUG POSSESSION CASES

If you are accused of any drug crime, including Possession of THC Concentrate, or other controlled substances, you need an attorney with a track record of winning drug 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

The answer is more complicated than YES or NO.  Under Texas law there is an exception permitting convicted felons to possess firearms, but only in their residence, five years after being released from prison, parole, or probation (if convicted and their sentence was probated).  However, under Federal law it remains illegal for a convicted felon to possess a firearm, anywhere, including their residence.

Texas Law has a VERY NARROW Exception Permitting Felons to Possess a Firearm

In Texas, the law that Addresses Convicted Felons found in Possession of a weapon (a firearm) is Texas Penal Code Section 46.04.  That section reads:

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later;

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

It takes a little deciphering to figure out what that means as far as what is legal possession of a firearm by a felon, but essentially you can own one in your home after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later…at any location other than the premises where the person lives. So if you are a convicted felon and get caught with a firearm anywhere else other than the premises where you live, you can be charged with felon in possession of a weapon (or anywhere, including where you live, it has been less than 5 years since you finished parole, were released from prison, or completed probation.

It is STILL Illegal for a Felon to Possess a Firearm Under Federal Law

Unfortunately, the Federal Firearms act

Possession of a firearm by a felon remains illegal under 18 USC § 922(g), the Federal Firearm Act.  The Federal law prohibits possession of a firearm by a prohibited person; among the definitions of prohibited person is a person that has been convicted of a felony.

Before you let the Federal law scare you – let’s think about this in perspective.  Federal agents are the only ones that will be investigating and pursuing charges for Federal crimes.  The only likely scenario where weapons found in your home would get you charged with a federal crime would be if the discovery of the weapons was incidental to some other Federal search warrant being served.  So if, for example, you are a convicted felon, and your residence had a search warrant executed on it by federal agents looking for a large quantity of controlled substances, and they also find the weapons – you would be charged with Federal firearms offenses as well.

CHARGED WITH A WEAPON OFFENSE?

Whew!

You found yourself locked up and jammed into a daunting and confusing court system.  But you made it out unscathed!  You (or more likely your lawyer) ere able to get the charges DISMISSED!

All good, right? WRONG!

Just because you got your charges dismissed does not mean that your record is clear.  Far from it.  ALL of the information about your case is still public information that is available to anyone to find.  That means that employers, apartment complexes, state licensing agencies, etc. will see the case on your record, even though it was dismissed.  A distinction needs to be made here: it is still on your record, but it does show as “Dismissed.”  You do not have a conviction for the offense on your record.

So What shows up whenever the charges are dismissed?

EVERYTHING.  That means the mug shot, the probable cause statement that is often contained on the Criminal Complaint or Indictment.  The case disposition, including the judgment and terms of probation is also visible to anyone that wants to see it.

That means you may have had that drug case, assault or theft dismissed…but everyone can still see it!

What can I do about things on my record that are dismissed?