The Chambers County Sheriff’s Office has reported that deputies arrested seven people after conducting searches at two locations. In Stowell, law enforcement searched a property in the 300 block of Avenue E. An RV park in Winnie on the 100 block of Fear Road was the scene of the second search.

Authorities took into custody six men and one woman as a result of the property raids. According to the sheriff’s office, deputies seized marijuana, edible THC, a sedative called promethazine, a muscle relaxer called carisoprodol, methamphetamine and ecstasy.

The woman now faces a charge for marijuana possession. The other six men received a variety of charges that included possession of marijuana, possession of a controlled substance, driving with an invalid license or evading arrest. In total, local authorities issued 13 felony charges and 9 misdemeanors.

An arrest during the search of a property can be a disorienting and frightening experience for a person. The representation of a criminal defense attorney may help a person in this position decide how to respond to charges. Legal support might improve the chances of winning release at a bail hearing until the next court date. To prepare a defense, an attorney may provide advice about how to enter a plea based on an examination of the evidence. Legal insights and information about rights might prevent a person from entering a plea for drug crimes without understanding options and consequences. The strength of the evidence may determine whether an attorney recommends that the person pursue an acquittal at trial or open negotiations with a prosecutor for a plea deal.

Source: Beaumont Enterprise, “Mugshots: 7 arrested in Chamber Co. drug bust“, Erica Apodaca, Dec. 19, 2018

Police forces around Texas are extra vigilant on New Year’s Eve. Plenty of people drink alcohol to celebrate the upcoming new year, and they will arrest anyone they suspect is under the influence. Although DWIs have decreased in recent years around the state, they are still prevalent and still dangerous to everyone else on the road.

You do not want to ring in 2019 with a DWI on your record. Before you head out to a party, brush up on what steps to take to avoid driving under the influence this New Year’s Eve.

Have a reliable designated driver

If you plan on going out in a group, one person should be the designated driver. Whoever you pick should be responsible enough to not have a sip of alcohol the entire evening. In the event no one in your party wants to volunteer, you should look into public transportation or ridesharing apps. Even if the party is only a couple miles away from your house, it is better to Uber home and pick up your car the next morning than risk a DWI.

Do not listen to the “one drink per hour” rule

Plenty of Texans think they will be safe to drive as long as they only consume one alcoholic beverage every hour. Everyone is different. Some people’s bodies process alcohol more slowly than others, so they will still get over the legal limit if they only drink once per hour. Additionally, if you plan on having mixed drinks, the alcohol content could be higher than what you will get out of a beer.

Avoid texting and driving

Even when you are completely sober and can drive home safely, you want to avoid looking at your phone or other such distractions. You could swerve between lanes. Cops will use this as an excuse to pull you over, especially on New Year’s Eve. Do not give the cops any reason to pull you over, or else you could still end the night with a visit to jail.

Two men have been charged with possession of between 50 and 2,000 pounds of marijuana after the search of a San Leon home allegedly led to the discovery of an elaborate marijuana growing operation. The search was conducted on Nov. 28 by deputies from the Galveston County Sheriff’s Office and members of the office’s Special Crimes Unit, Identification Division and Tactical Response Team.

Deputies say that the Avenue K residence had been converted into a sophisticated marijuana growing enterprise. During the search, deputies are said to have discovered 124 marijuana plants and about 25 pounds of marijuana buds that had already been cultivated. Equipment used to grow and cultivate marijuana was found inside the home along with $3,167 in cash according to media accounts of the operation. Evidence was also discovered that led deputies to a second residence where an additional 4 pounds of cultivated marijuana and $3,150 in currency were seized.

The two men were taken into custody at the scene without incident. Both of the men had been identified during the narcotics investigation and were named on the search warrant according to reports. Both of their bonds have been set at $250,000.

The penalties for marijuana possession can be severe when large quantities of the drug are involved, but proving narcotics charges beyond reasonable doubt is often far from straightforward for prosecutors. Experienced criminal defense attorneys may seek to have seized drugs excluded when police strayed beyond boundaries established by the Fourth Amendment or judges issuing search warrants, and the defense might also question the evidence used to obtain search warrants. Attorneys may advise prosecutors to avoid such arguments by settling drug cases at the negotiating table.

Source: KHOU, Deputies discover ‘elaborate, indoor high-grade marijuana grow’ in San Leon, Jamie Galvan, Nov. 29, 2018

The First Step Act, a bill that is in Congress, would make a number of changes to the criminal justice system that could affect individuals in Texas. Some of its changes are issues that are already supposed to be enforced by the Bureau of Prisons but are not.

The bill would make changes in the sentencing of people convicted of offenses involving crack cocaine that were addressed in the Fair Sentencing Act in 2010 retroactive. That act made an effort to close the disparity between sentencing of people charged with cocaine-related offenses, who tended to be white, and those charged with crack cocaine offenses, who tended to be African-American. This is expected to affect around 2,600 people.

The bill would also give judges more discretion in mandatory minimum sentencing. Judges are only allowed to use this discretion with people who have no previous criminal history and are facing nonviolent drug-related charges. Around 2,000 people will be affected by its expansion to include people with limited criminal backgrounds. Some automatic sentences will also be made less severe.

There would be a number of other reforms. These include not shackling pregnant prisoners, expanding job and training opportunities, requiring housing for prisoners within 500 miles of their home or families, and providing an increase to 54 days from 47 days of time off for good behavior.

Despite reforms of this nature, people convicted of drug crimes may still face serious consequences. Some of those consequences may be legal, but there may be others as well such as being unable to get certain types of financial aid for education. A conviction could also affect a person’s career prospects. People who are facing drug-related charges may want to contact an attorney. It might be possible to plead guilty to lesser charges or to successfully fight the charges in a trial.

You have certain unalienable rights. That’s something every Texan learns in civics class. And even if you happened to miss that day, you likely know the words of the Miranda warning because of television. You have the right to remain silent and refuse to answer police questions without an attorney present.

A right to be free of government intrusion is granted by the Constitution, as well. And while that right is not absolute, authorities are required to be careful when infringing on it. Overstepping the bounds happens more often than most people know. Sometimes it happens on purpose. Sometimes it occurs because officers are blind to crossing the line. Regardless, anyone facing criminal charges as a result needs strong legal advocacy in addressing the potential consequences.

What police can’t do

Under the Constitution and because of legal decisions over time, police cannot:

• Search without a warrant in a location where you have a reasonable expectation of privacy, unless certain exceptions exist.

• Use evidence obtained by illegal search against you in court.

• Rely on evidence found separately, but directly resulting from, an illegal search.

• Submit an affidavit seeking a warrant if they know the claims in the document are untrue.

• Search your vehicle as part of a standard traffic stop, unless they have reasonable suspicion it might contain evidence of criminal action.

That last prohibition is one that deserves the special attention of readers. All you have to do is scan any day’s headlines and you are bound to find at least one instance in which a traffic violation resulted in police conducting a vehicle search, finding evidence and subsequently arresting a suspect on weapons, drug or other criminal charges.

You might not be aware when police cross the line, but police should and an experienced attorney will. That’s why it’s important to consult an experienced lawyer when issues arise.