Category Archives: Drug Crime

The Smell of Marijuana and Probable Cause

Drug Crime, marijuana

Many Americans are familiar with the odor produced by marijuana, even if they don’t use it themselves. That distinctive, pungent smell has been the basis of many interactions between police officers and members of the public.

Dallas voters recently tackled the issue with a measure designed to curb police authority in instances of potential suspicion of drug possession.

Is Odor Evidence?

Police do not have the right to search wherever and whenever they please. The Fourth Amendment of the Constitution forbids unreasonable searches and seizures. In order to conduct a search, police need either a search warrant or probable cause.

What is at issue now is whether the smell of pot gives officers this probable cause. Traditionally, it has been considered enough. A change to Texas law allowing hemp, however, means that a pot smell doesn’t necessarily indicate an illegal substance.

The Rules Regarding Hemp

Many states have taken the step of legalizing marijuana for medical or even recreational use. While Texas has not taken that step, it did make a change to the definition of marijuana in 2019. The new definition excludes hemp. Hemp is the same plant as marijuana but with much lower levels of THC.

THC levels cannot be determined by smelling the smoke. That telltale odor can be produced even at THC levels that would not trigger criminal liability. Therefore, some people believe it shouldn’t be considered the basis for a search.

Dallas voters believe so, based on the passing of Proposition R, which prohibits searches based on smell alone except in specific cases. If the smell does not mean a crime has been committed, it should not be used as probable cause to justify a search.

Other Courts Have Already Agreed

There is nothing surprising about Texas laws differing from laws in other states. The momentum of the movement to legalize marijuana has not yet touched the Texas legislature. There is only so much impact the rulings of other courts can be expected to have here.

That said, several other states have changed their stance about searches and seizures, especially when their marijuana rules changed. Many of the states involved also decriminalized cannabis in smaller amounts; still, the same principle applies: a non-criminal act could have caused the smell.

Questionable Searches

There is no shortage of stories about searches that started with the claim of “smelling marijuana” that turned up no actual cannabis. It’s basically impossible to prove that someone didn’t smell pot when they claim they did. That gives police a potential way around the Fourth Amendment if they really want to conduct a search.

Putting an end to the pot smell justification of searches would have the added benefit of reducing the number of questionable searches, particularly those involving motorists.

Contact an Experienced Defense Lawyer

At Lee & Wood, LP, our Texas criminal defense attorneys know how to protect you. We have handled countless cases involving marijuana and its derivatives. We can help protect your rights by mounting a strong, knowledgeable defense. Contact us at 817-678-6771 to get started.

Drug Possession Laws Across State Borders: What You Need to Be Aware Of

Drug Crime, THC

While THC is legal in many other states, it’s not yet legal in Texas. At Lee & Wood, we often hear from people who bought legal THC edibles or gummies for recreational purposes when on vacation and then forgot and brought them home.

We also know that our highway patrol often pulls over Texans on their way back from Oklahoma and Colorado, where they legally purchased medical marijuana. As a result, people who would never deliberately break the law are facing serious drug charges.

Crossing State Lines Can Mean Federal Charges

What’s legal in other states can lead to severe consequences in Texas. When an act takes place solely within Texas borders, it’s considered to be a state crime. However, if the act involves crossing state lines or the border with Mexico, it becomes a federal drug crime.

So, if you’re caught with drugs you transported across state lines, you could face charges for federal crimes that are independent of any state laws that you allegedly violated. This means serious trouble.

Drug Possession vs. Drug Trafficking Charges Depend on Drug Amounts

Prosecutors decide what the charges will be based on the facts of the case. When small amounts of drugs are found, they often charge defendants with drug possession.

When large amounts of drugs are found, they often infer that the drugs were intended for sale. They then charge defendants with the far more serious crime of drug trafficking.

Bringing Legally-Purchased THC Products Into Texas Can Be a Felony

Because marijuana has been legal in places like Colorado for so long, many Texans forget that bringing THC products back to Texas can get them in serious trouble. In Texas, if you’re caught bringing THC concentrates such as oils, waxes, shatter or dabs into our state, you could face felony charges.

The charges and fines involved increase with the amount of THC a person is caught with. Possession of less than a gram is a state jail felony, punishable by 180 days to two years in jail. It’s also punishable by a fine of up to $10,000.

Larger amounts of THC are punishable with increasing amounts of prison time. If a person is caught with a large amount of THC (200 to 400 grams), they could face up to 99 years in prison in addition to the $10,000 fine.

Need Help? Call An Experienced Criminal Defense Lawyer.

People often find themselves in trouble for drug crimes in Texas without ever realizing the consequences were so serious. This is especially true when the crime involves taking marijuana or THC across state borders. If you’re in trouble, get legal help now.

Call 817-678-6771 or send us a message online to request a free consultation with the attorneys at the Fort Worth law office of Lee & Wood, LP.

What to Do if Your Child Is Arrested for Drug Possession

Drug Crime, , , , , ,

What to Do if Your Child Is Arrested for Drug Possession in Texas

Most parents don’t expect to get a call from the police about their child. And hearing that your child has been arrested for drug possession can be especially distressing. Even though it’s an overwhelming situation, it’s essential to know what to do next so you can help your child.

What Is Drug Possession in Texas?

Drug possession in Texas is defined as having the custody, care or control of an illegal substance. Even if your child says that the drugs don’t belong to them and they were holding them for someone else, your child is still breaking the law.

If your child is under 17, they may be charged as a juvenile. Penalties for drug possession range from Class C misdemeanors to first-class felonies, depending on the type and amount of illegal substance the person possessed.

Take These Steps

Stay as Calm as Possible

Your child being charged with drug possession is a tough situation, and you may feel a range of emotions. Know that it’s okay to feel anger, disappointment, fear and panic. However, it’s critical to keep calm. Very soon, you’ll need to think clearly enough and focus on the next steps.

Reach Out to an Attorney

Your child shouldn’t talk to the police without legal counsel, so you should reach out to an attorney right away. Speak to a criminal defense lawyer who is experienced with the Texas juvenile system and will take time to learn about the unique circumstances surrounding your child’s case.

They’ll assess your case, help you understand the charges and guide you through the legal process. Your lawyer can also look at getting the drug possession charges reduced or dismissed for your child, depending on your situation. They can also help you understand the Texas Juvenile Justice system so you can feel better prepared.

Don’t delay getting legal counsel. The sooner you connect with an attorney, the sooner they can review police reports, talk to you and your child and examine the details of your child’s case, allowing them to put together a proper defense.

Don’t Allow Police Searches

If the police show up without a warrant and want to search your home or vehicle, you have the right to refuse. You may worry about appearing uncooperative, especially if you believe there aren’t any drugs to locate.

However, if the police do uncover drugs during their search, even if you didn’t know about them, they could potentially seize your property.

Is Your Child Charged With Drug Possession? We Can Help

Drug possession charges can be complex and overwhelming, so don’t try to navigate this situation on your own. The Fort Worth attorneys at Lee & Wood, LP. are experienced in the juvenile court system and can help you understand your child’s case and options.

Receive a confidential consultation by calling us today at 817-678-6771 or send a us message.

What to Know About THC Concentrates in Texas

Drug Crime, marijuana, Oil Concentrates, THC

Marijuana, specifically the THC component, is a hot topic in the United States. It’s been debated by politicians, and people often take strong stances on the morality of the drug. But since there is no firm consensus at the federal level on THC, the result is that there are inconsistencies from state to state over what’s legal and what isn’t.

Some states have it completely outlawed while others have it entirely legalized for recreational use. And other states, like Texas, allow it for medicinal purposes in low doses, but not recreationally.

What is a THC Concentrate?

Tetrahydrocannabinol (THC) is a cannabinoid and the main psychoactive ingredient of marijuana. If a cannabis product is manufactured with a high concentration of THC, it’s considered to be a THC concentrate. A couple of examples of THC concentrate would be hash and cannabis tinctures.

Are THC Concentrates Illegal in Texas?

Yes, THC concentrates such as oils, waxes, shatters and even gummies are illegal in Texas. Since they’re considered by state law to have a high potential for abuse and are unusable for medical purposes, they’re given Schedule I classification.

Penalties for possessing THC in Texas have a dramatic range. If a person is caught with less than one gram, they could face a fine of up to $10,000 and up to two years in prison. Even if a person is caught with a single vape pen containing THC, they could face up to two years in prison.

And that’s just on the low end of the spectrum. On the high end, a person caught with over 400 grams faces a fine of up to $100,000 and a prison sentence of up to 99 years.

There is a lot of middle ground, and sentencing varies based on the individual’s criminal background, but the main point is that the sentencing can get very severe even for those who aren’t distributing the drug. If a person is convicted of trafficking THC concentrates, the penalties will be much more severe.

Charged With Possession of THC Concentrates in Texas? Get Help From Our Attorneys

If you’ve been charged with possession of a THC concentrate or another drug crime, you’ll need the help of an experienced attorney. The drug crimes defense lawyers at Lee and Woods, LP have helped many people across Texas and will fight by your side to help you get the best possible outcome.
Call 817-678-6771 or send us a message online to schedule an initial consultation appointment.

What Happens if You’re Caught With Weed Edibles in Texas?

Drug Crime, Edibles, marijuana, Oil Concentrates, THC, Wax Concentrates

Whether it’s inhaled from a vape pen or consumed as an edible, it’s still illegal to possess THC in Texas. Anything that isn’t leafy marijuana is a criminal charge of felony drug possession. And if you share your edibles with friends, you can be charged with drug distribution. Here’s what happens if you are charged with possession of cannabis concentrates.

Texas Law on Weed Edibles

Weed edibles contain tetrahydrocannabinol (THC), which is the main psychoactive component in marijuana. While it occurs naturally in marijuana, it’s also become an ingredient in many other products—from brownies to candy to gummies. You can see an incredible assortment at many high-end dispensaries, which are legal in other states.

While both contain the same psychoactive component, Texas law places marijuana and THC edibles in two different legal categories. Possession of fewer than four ounces of marijuana is a misdemeanor offense. However, edibles are classified with other controlled substances and are subject to harsher penalties.

The Consequences of Getting Caught With Marijuana Edibles

If you are caught with weed edibles, you could be subject to charges that include:

  • Felony drug possession: Under Texas Health and Safety Code § 481.116, people who possess less than one gram of a THC edible can face a state jail felony charge. For smaller amounts, a person can face between 180 days and two years in state jail. For larger amounts, a person can face between 15 and 99 years in prison. They may also face a maximum fine of up to $100,000.
  • Drug distribution: A person charged with drug distribution in Texas can face anywhere from 180 days in jail to a life sentence. They may also face fines up to $25,000.

What About Medical Marijuana?

Texans with certain medical conditions may qualify for the state’s Compassionate use program (CUP), which allows them access to medical marijuana. Certain physicians can prescribe low-THC cannabis for medical purposes, and qualifiers are limited to swallowing the prescribed dose.

CUP applies to people with the following medical conditions:

  • Amyotrophic lateral sclerosis 
  • Autism
  • Epilepsy
  • Multiple sclerosis 
  • Spasticity 
  • Seizure disorders
  • Terminal cancer 
  • An incurable neurodegenerative disease

If medical marijuana is legally purchased over the Texas border, such as from Colorado, you may still be charged with possession. In this case, you’ll need the help of a skilled lawyer to help you navigate the situation and prepare a strong defense.

Charged With Possession of Weed Edibles? We Can Help.

If you have been charged with a crime related to weed edibles, get help as soon as possible. Acting quickly gives your lawyer more time to act in your defense and protect your rights. To get started, call us today at 817-678-6771  or send us a message for a confidential consultation with the Fort Worth lawyers at Lee and Wood, LP. 

When Teens Are Caught With THC Vape Pens

Criminal Defense, Drug Crime, THC Vape Pens

If you’re the parent of a teenager, you’re probably already aware of just how popular vape pens are. You may have seen other kids using them, but it can still come as a shock when your own is caught. 

The truth is, good kids can make mistakes, and the best way to protect your teen’s future is to talk with a well-qualified defense attorney. 

Vape Pens and Teenagers

When it comes to tobacco, teens can get in some pretty serious trouble. Texas law prohibits the purchase, possession, and use of vape pens (also called e-cigarettes) by people under 21 years old or 18 years old and in the military. Teens caught with vape pens for inhaling tobacco products can be fined up to $100.

Vape pens are also prohibited on school premises. If a teen is caught with a vape pen on their high school or college campus, they may also face additional, separate consequences, including being suspended or expelled and losing critical financial aid.

THC and Juvenile Drug Charges

The law is much more strict when it comes to THC. Adults caught with THC vape pens can be charged with a felony and face jail time of six months to two years. For teenagers, charges involving small amounts of drugs—like a vape pen with trace amounts of THC in it—are usually juvenile court matters.

However, sometimes teens can be tried as adults in these matters. This can happen if the teen is almost an adult, for example, if they are 17. It can also happen if the quantities involved are large or if there are other factors that make the situation more serious.

Teens caught with vape pens containing even small amounts of THC can face juvenile drug charges that result in consequences such as:

  • Fines up to $500
  • Probation
  • Educational course on substance abuse requirements
  • Rehabilitation or treatment requirements
  • Suspension or expulsion from school (if on school property)

If Your Teen Is in Trouble, Call Our Fort Worth Lawyers

Teens caught with THC can face serious consequences. It’s important to get legal help right away. The sooner you act, the more time your attorney has to take action in your teen’s case.

If your teenager has been accused of possessing a vape pen with THC in it, call 817-678-6771 for a confidential consultation with the Fort Worth defense attorneys at Lee and Wood, LP. You can also send us a message.

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Warrantless Searches and Illegal Search and Seizure

Criminal Defense, Drug Crime, Illegal Search and Seizure, Warrantless Search

The 4th Amendment to the U.S. Constitution protects people from illegal search and seizure by the government. It protects your personal privacy and extends to the privacy of your home, your property, your car (to a lesser extent), and your place of business. 

Search and seizure protections apply when:

  • The police stop you and ask to search your purse, backpack, or luggage. 
  • The police knock on the door of your home or apartment and ask to enter. 
  • The police stop you when driving and then ask to search your car or trunk.

In most cases, if the police don’t have a warrant, they don’t have a right to enter or search but there are some exceptions. The “plain view” exception allows the police to arrest you if there is evidence of a crime in clear view – though they still can’t search further without a search warrant. 

Warrantless Search of a Car

There is a reduced expectation of privacy in a car. 

Police can search your car without a warrant if you give them consent to do so. When the police ask to search your vehicle, you can say NO. You don’t have to give them permission, but a lot of people do. 

Police can search your car without a warrant if they have probable cause to believe there was a crime. What would qualify as probable cause? 

  • Seeing drug paraphernalia on the seat or smelling marijuana in the car would be probable cause. 
  • If the officer walked up to the car and overheard passengers talking about hiding drugs or other evidence, that would do it. 
  • If the police have a drug-sniffing dog that signals the presence of drugs, that would be probable cause. 

In the context of an arrest, police can legally search a person and their vehicle for a weapon (the police are protecting themselves) or to preserve evidence. But this ‘search incident to arrest’ (SITA) principle only applies if the arrest itself is lawful. 

And you must have been ‘in control” of the vehicle at the time to justify the search. Were you standing 5 feet away? Were you already in the back seat of the police car? They don’t have a right to search it because you don’t have the ability to destroy evidence or threaten them with a weapon.

That doesn’t mean they won’t find evidence in your car. 

The police can legally search your car if you’ve been arrested, and your car is headed to the police impound lot. They must take an inventory of anything of value in the car to ensure that when your car is returned to you, it is returned with all your property intact. If that cursory search turns up evidence, it could be used against you IF the arrest was lawful. If you’ve been arrested after for a crime because of a warrantless search, talk to a lawyer at Lee and Wood right away. Evidence obtained from illegal police search and seizure is not admissible in court. Our criminal defense lawyers will talk with you about the circumstances of your arrest and your legal rights. Call the Fort Worth area criminal defense attorneys at 817-678-6771 or contact us online. 

Arrested? How to Find the Best Criminal Defense Lawyer for Your Case Near Fort Worth

Criminal Attorney, Criminal Defense, Drug Crime, DWI, Wildlife violations

If you (or a loved one) have been arrested for the first time, how do you find the right criminal defense lawyer for your specific case? If you’ve never looked for a lawyer before, how do you pick one from the many lawyers available? 

This article looks at how to find the right lawyer for your kind of case, and how to find the right lawyer for you.

Where to Look for a Lawyer

Often people start their search for a lawyer by asking for a lawyer referral from friends and family. With a criminal case, that can feel awkward unless you’ve been arrested for something relatively common, like drunk driving. Even then, you may prefer the privacy of finding a lawyer online. 

How to Find a Lawyer Online

There are hundreds of lawyers in your area. To narrow your search, use several words in your online search query.  

Include the name of the town or the county where you have been arrested or where you will be going to court. It is usually helpful to work with a lawyer who has experience with local judges, prosecutors, and court personnel. They may have a better understanding of how a judge operates, how the prosecutor negotiates, and alternative sentencing options available in that jurisdiction.

That doesn’t mean the lawyer has to be officed in your exact town. Some people prefer to work with a criminal defense lawyer who doesn’t live in their town. Most criminal lawyers take cases in several nearby jurisdictions. They regularly work in several courts. 

Include the kind of lawyer you want. For most state-level criminal charges, you can just include the words criminal defense lawyer. If you are facing federal charges, search for a federal criminal defense attorney. If the accused is aged 17 or under, search for a juvenile defense lawyer. Fewer lawyers focus on juvenile crimes or federal crimes so this will narrow your search results. 

Include the type of criminal charge you need defense against. If you know the specific charge against you, type that in, but it’s usually sufficient to type in a general crime, like drug charges rather than possession of THC oil. 

Sometimes you do want to be very specific about the crime.

Find The Best Defense Attorney for You

Once you’ve found a few lawyers with experience in your kind of criminal case, now it’s time to determine if they are a good fit for you. You can do this in two ways:

On their website, review the About Us page to learn more about the law firm, and click on the specific attorney profiles. Their biography may tell you what courts they operate in. It will include additional certifications they have received, and honors and awards. You may find they are involved in the community in ways that connect with you. 

Some websites have testimonials, either on a page or other places on the website. Do you see anything about how they work with clients? 

Now you are ready to call and talk to one or more lawyers who seem like the best fit. You want to see if you feel comfortable with this person. You want a sense of how they handle a case like yours. 

REMEMBER, you haven’t hired this person yet so don’t share specifics of your case. 

You can ask questions like: 

  • Have you taken cases to trial in this county or city court?
  • Have you handled similar cases to mine? 
  • What do you consider a successful outcome?
  • What has been your success rate? 
  • How do you work with clients? 
  • Would you handle my case personally? 
  • What are your fees?

Call an Experienced Criminal Defense Lawyer

At Lee and Wood, LP, we understand the fears and uncertainty of being arrested for the first time. We explain the criminal justice process, what you can expect, and how we can help. We represent clients in Weatherford, Fort Worth, Burleson, and Cleburne. Call our Fort Worth law office at 817-678-6771 or contact us online. 

Knowledge of Drug Sales Gets Nightclub Owner Convicted of Drug Premises Conspiracy

Criminal Attorney, Drug Crime, Juvenile Criminal Charges, , ,

In November 2021, Dallas nightclub owner, Alfredo Hinojosa, and two of his nightclub managers were found guilty of allowing cocaine sales at his nightclubs in Fort Worth and Dallas.

An investigation that began in 2012, ended with 30 people convicted of a variety of drug crimes. 

Knowledge of a Crime is Enough For Charges

According to a Dallas Morning News article, the owner and managers were not themselves selling drugs or accepting money from drug sales. Their defense attorney said they did not know who was selling drugs; federal authorities said they did and allowed the drug sales to continue because it attracted customers. 

Wiretaps, Bugs and Cameras

In 2015, the FBI received court approval to install bugs and a camera in the office of the nightclub owner. They also conducted wiretaps. This FBI evidence was key in getting the conviction. The owner was recorded saying that he really couldn’t clean up the drug sales “because we lose business.” 

Because that demonstrated knowledge of drug activities on the property, they were found guilty of managing a drug premises, conspiracy to manage drug premises, and conspiracy to possess with intent to distribute cocaine.

Informants and Witnesses

Security guards testified against the owner and managers as well as drug traffickers themselves who sold out of the clubs. While it’s unknown what happened behind the scenes in this case, it’s not unusual for prosecutors to cut a plea deal with some parties in order to get evidence against other parties. The owner and the managers were the last people to go to trial. 

Two former Dallas police officers who worked at the clubs were also charged and convicted. One received three years’ probation; the other – the supervisor of nightclub security – faces a possible prison sentence. 

Indictment in 2017; Court Case in 2021

The nightclub owner was indicted by a federal grand jury in 2017. When he appeared before a judge, he initially pled guilty. He later changed his plea to not guilty. Hinajosa’s case was originally intended to go to trial in March of 2020 but was delayed until September 2021 due to COVID. COVID safety precautions have led to many long delays in the justice system.

He made statements to federal authorities after his arrest that were recorded and played to the jury at his trial. 

Talk to a Defense Lawyer If You Are Facing Drug Charges

Before you make any statement to law enforcement, talk to a lawyer. The drug crimes defense attorneys at Lee and Wood have extensive experience defending people against all types of drug crime charges.  Call our Fort Worth law office at 817-678-6771 or contact us online. 

Arrested? How to Find the Best Fort Worth Criminal Defense Lawyer for Your Case

Criminal Attorney, Drug Crime, DWI, Wildlife violations,

If you (or a loved one) have been arrested for the first time, how do you find the right criminal defense lawyer for your specific case? If you’ve never looked for a lawyer before, how do you pick one from the many lawyers available? 

This article looks at how to find the right lawyer for your kind of case, and how to find the right lawyer for you.

Where to Look for a Lawyer

Often people start their search for a lawyer by asking for a lawyer referral from friends and family. With a criminal case, that can feel awkward unless you’ve been arrested for something relatively common, like drunk driving. Even then, you may prefer the privacy of finding a lawyer online. 

How to Find a Lawyer Online

There are hundreds of lawyers in your area. To narrow your search, use several words in your online search query.  

Include the name of the town or the county where you have been arrested or where you will be going to court. It is usually helpful to work with a lawyer who has experience with local judges, prosecutors, and court personnel. They may have a better understanding of how a judge operates, how the prosecutor negotiates, and alternative sentencing options available in that jurisdiction.

That doesn’t mean the lawyer has to be officed in your exact town. Some people prefer to work with a criminal defense lawyer doesn’t live in their town. Most criminal lawyers take cases in several nearby jurisdictions. They regularly work in several courts. 

Include the kind of lawyer you want. For most state-level criminal charges, you can just include the words criminal defense lawyer. If you are facing federal charges, search for a federal criminal defense attorney. If the accused is aged 17 or under, search for a juvenile defense lawyer. Fewer lawyers focus on juvenile crimes or federal crimes so this will narrow your search results. 

Include the type of criminal charge you need defense against. If you know the specific charge against you, type that in, but it’s usually sufficient to type in a general crime, like drug charges rather than possession of THC oil. 

Sometimes you do want to be very specific about the crime.

Find The Best Defense Attorney for You

Once you’ve found a few lawyers with experience in your kind of criminal case, now it’s time to determine if they are a good fit for you. You can do this in two ways:

On their website, review the About Us page to learn more about the law firm, and click on the specific attorney profiles. Their biography may tell you what courts they operate in. It will include additional certifications they have received, and honors and awards. You may find they are involved in the community in ways that connect with you. 

Some websites have testimonials, either on a page or other places on the website. Do you see anything about how they work with clients? 

Now you are ready to call and talk to one or more lawyers who seem like the best fit. You want to see if you feel comfortable with this person. You want a sense of how they handle a case like yours. 

REMEMBER, you haven’t hired this person yet so don’t share specifics of your case. 

You can ask questions like: 

  • Have you taken cases to trial in this county or city court?
  • Have you handled similar cases to mine? 
  • What do you consider a successful outcome?
  • What has been your success rate? 
  • How do you work with clients? 
  • Would you handle my case personally? 
  • What are your fees?

Call an Experienced Criminal Defense Lawyer

At Lee and Wood, LP, we understand the fears and uncertainty of being arrested for the first time. We explain the criminal justice process, what you can expect, and how we can help. We represent clients in Weatherford, Fort Worth, Burleson, and Cleburne. Call our Fort Worth law office at 817-678-6771 or contact us online.