Recent Posts in Drugs Category

San Francisco Giants Pitcher, Tim Lincecum, was arrested for possession of marijuana in his home state of Washington. Washington like 12 other states has a medical marijuana exception, but their law narrowly defines what conditions may be treated with marijuana.  If this would have occurred in California he would not have been arrested provided he had a prescription for the more abundant conditions that are covered by the law in California.  Luckily for Mr. Lincecum, the state of Washington routinely lowers the charge for a first time offender of marijuana possession to possession of drug paraphernalia.  In Texas that would be the equilavent of a traffic ticket.

Texas was contemplating the medical marijuana law this year, but the bill did not pass.  For a complete list of the medical marijuana states click here.

As we all know, Michael Jackson passed away Thursday after suffering cardiac arrest. Questions have arisen regarding the cause of his death and what if any role prescription drugs, notably painkillers, may have played in the singer's demise. Apparently Mr. Jackson had a personal doctor, a cardiologist who has an office in Houston, who was present at the time of death. According to news reports the doctor is not a suspect but the police do want to speak with him regarding the details leading up to Jackson's death. The doctor has hired a Houston Criminal Lawyer to represent him.

The abuse of drugs like Lorcet, Soma and Xanax is more common than most people are aware. As a Houston Criminal Lawyer  I have seen how the abuse of prescription drugs can destroy lives. While drugs like Cocaine and Heroine are horrible and deadly, prescription drugs have the same potential to ruin lives. Elvis Presley and possibly  Michael Jackson are just the iconic examples.

I have seen as a Houston Criminal Defense Attorney that the drug addict is typically the person losing their freedom and creating havoc in their families lives while drug dealers profit at their expense. It doesn't matter if the drug dealer is peddling crack cocaine on a street corner or is a doctor operating a pain clinic handing out  prescriptions without even seeing their "patient." Actually, it is much more rare for a doctor operating a pain clinic to be a arrested than your traditional drug dealer. It goes to show you that as a society we don't view prescription drug addiction as a problem.

We see more and more of these cases on a weekly basis. The most obvious example is the abuse of Xanax by suburban high school kids. Hopefully the passing of Michael Jackson will make the families of pain pill users more aware that addiction and death can come just as easily from across the counter of a pharmacy as it can from a street corner on the bad side of town.

As a Houston Criminal Defense Attorney I see the consequences of continual drug use.  This picture demonstrates the debilitating effects of drug use. You can clearly see the physical breakdown that  occurs with the abuse of drugs. What you don't see but can imagine is the loss of jobs, relationships and family. The consequences for a criminal drug conviction are serious.

However, there has been a move in recent years in the criminal justice system, away from incarceration to rehabilitation. For example in Harris County the STAR (Success Through Addiction Recovery) Drug Court has been established as an alternative source for drug offenders. The goal is to get addicts out of the revolving door that has become the justice system, off of drugs and onto a productive life.

The line of thinking is that it is more cost efficient and better for the public to get people off of drugs rather than house them year after year with no treatment. The tide of public opinion has turned and the courts and politicians around the country have responded.

But, there are start up costs associated with the funding of drug courts and rehabilitation programs. It is hard to get the taxpayers to agree to pay at anytime and even more so in a recession. I was speaking to one of my best friends last week, Roland Gutierrez, who also happens to be an attorney and a Texas State Legislator about this very issue. He explained to me that these programs are funded in part by the court costs of defendants convicted of drug and alcohol offenses. Fifty dollars of court costs from each conviction are used to pay for the drug courts.

Roland has sponsored legislation,House Bill 579,  that would require court cost from all criminal cases be used for more rehabilitation programs and drug courts. It sounds like a great idea, but there is actually opposition to it from some groups. It seems you can't please everybody. Hopefully when all the negotiating is done, some form of legislation passes that provides for more rehabilitation. It would be nice to have more people living productive lives with their friends and family, rather than wasting away in jail, a burden to taxpayers and their family.

As Houston Criminal Attorney I get to come across unique people that have the public's best interest at heart.  A Harris County Judge that I will not name, often admonishes defendants charged with Possession of Marijuana that if  they are going to smoke pot, smoke it at home. Yes, it is illegal, but you are more likely to get arrested if you are smoking in your car or carrying it on your possession.

Very recently I represented a client who would have been wise to adhere to this advise. My client is a boxing fan and wished to see his idol Oscar De La Hoya in the years most widely anticipated match with Manny Pacquiao. To that end my client (we'll call him Bob) headed over to his buddies who purchased the pay per view. On the way, Bob's car stalled out. A couple of teenagers walking by, decided to help Bob push his car. Although his night wasn't going as planned, Bob thought he could still make the fight.

Bob was wrong. A couple of minutes later  a cop pulls over to see whats going on. It shouldn't have been a problem, but is was. First the teenagers run off at the sight of the police. The policeofficer is now very suspicious and begins questioning Bob regarding the teenagers. Bob can honestly say he has no clue as to why they ran. The police officer asks Bob if he can search his car and if he has anything illegal. Bob is forthcoming and willing to consent to a voluntary search. But the search is not needed because Bob tells the cop that he has marijuana in his pocket. Busted. Now it looks like Bob will definitely not make the fight.

But wait, his luck turns. Because he is honest, the friendly police officer decides to confiscates the marijuana (saying he will destroy it) and Bob can go on down  the road.

Just when Bob thinks he will be home free, his luck turns back for the worse. A drunk driver plows into the officers patrol car. The officer and Bob were fine, but now there are other officers on the scene. The officer cannot now let Bob go.  He must explain why he had marijuana in his possession and a possible suspect. Bob is charged with possession of less than two ounces of marijuana, a Class B Misdemeanor that could affect his job and his driver's license. Of course he can possibly get the case off his record and get an occupational license, but if he would have just left the marijuana at home, he wouldn't be facing the the legal consequences.

I have discussed steroid use in baseball a lot with my friends.  It has been an issue with us for most of this decade if not earlier.  Today, the current saga involving Alex Rodriguez,, Miguel Tejada, Roger Clemens, Barry Bonds, and Mark McGwire should be a lesson to those that are considering  talking to the Government without consulting with an attorney beforehand.  If you notice the ones that did not to speak to Congress or asserted their 5th Amendment privilege like Mark McGwire are not facing criminal charges.  Similarly, Alex Rodriguez told Katie Couric he never used steroid.  Of course, today we know the truth about Rodriguez, but he is not facing criminal charges.  On the other hand, Miguel Tejada has been convicted of misleading Congress.  Ironically, Tejada was not convicted for lying about his own steroid use, but for not disclosing a teammate's use. The same prosecutors that got Tejada are pursuing perjury charges against Roger Clemens.   In the case of Barry Bonds one of the numerous charges against him is that he told a grand jury that he had not been injected by anyone other then his doctors not that he has never used steroids.

What has happened to these famous, wealthy, and iconic players should serve as an example to anyone that is considering talking to the Government.  Despite all their fame and millions of dollars they did not escape the tentacles of the Government .  Thus, consult a criminal attorney before you make the same mistake.

I wonder what will happen to this event once marijuana becomes legal across the country?

Do you remember Jerry's girlfriend that was able to persuade anyone to get what she wanted?  In fact, she was able to get out of traffic ticket by flirting with the police officer in the Seinfeld episode titled "The Calzone" despite Jerry admitting everything.  Well not even a extraordinary persuasive person like that will able able to convince Houston, Texas area police officers to write them a citation for being in possession of a misdemeanor amount of marijuana despite the law allowing them the opportunity to do just that in the appropriate situation.

Last year the law changed where an officer has the option to arrest someone or simply write the person a citation for being in possession of less than four ounces of marijuana.  In fact, Austin police officers hope to start the policy by the end of the year.

Since Houston, Harris County, Texas  has a notorious overcrowding issue in their jails you would think they would embrace this law. " Not on my watch your not" said Former Harris County District Attorney Chuck Rosenthal bluntly...he notified all the police chiefs in Harris County that if their officers want to follow the new law and issue citations, the DA's office would not accept the charges.  He flatly refused to recognize this law.  Even several months after Chuck Rosenthal's resignation from the District Attorney's office the policy has not changed in Harris County.

Here is hoping that whoever becomes the new Harris County District Attorney recognizes this law and values the good it could do for the overcrowding issues that are occuring in the Harris, County Jail.