Ryan R. Hill Attorney at Law
Free Consultation 903-371-0095 Se habla espanol

Longview Criminal Defense Law Blog

Do you want to avoid a drunk driving charge this holiday season?

Let's make this perfectly clear: There is only one way to absolutely avoid a drunk driving charge this holiday season. Don't drink and drive.

Half of all adults say that drinking always plays a part in their holiday celebrations -- and 16 percent admit to drinking more during the holidays than at other times of the year. More than a fifth of adults say they even feel pressured to drink at holiday parties.

Do you know what constitutes a prescription drug crime?

There are all sorts of ways to get into legal trouble with prescription drugs these days. It's even possible that you may have already committed a drug crime without realizing it.

The Texas Controlled Substances Act governs the rules surrounding prescription medication within the state. Here are some common ways that people wind up in trouble over prescriptions:

  • Doctor shopping: Every prescription your doctor writes for narcotics is now kept in a database. Obtaining two prescriptions for the same medication from more than one doctor without proper disclosure is a quick way to end up facing charges.
  • Altered prescriptions: Did your doctor forget to put the dosage on your prescription? Don't add it in yourself. Even if you aren't trying to deceive the pharmacist, altering a prescription is fraud.
  • Forged prescriptions: Some people steal prescription pads from their doctors to illegally obtain medication or sell the prescriptions to others. This kind of activity can lead to lengthy prison sentences.
  • Borrowed medication: Did you know that it's illegal to give your medication to someone else? While you might genuinely be trying to help your brother-in-law's bad back, for example, giving him your extra Vicodin can land you in serious trouble. It could also land your brother-in-law in trouble for illegal drug possession.
  • Ordering prescriptions online: It's illegal for people in the United States to order controlled substances from overseas pharmacies. However, many people do it because they can get medication cheaply and without a prescription.

Advocates for marijuana reform push for new legislation in Texas

Texas has been very slow to decriminalize marijuana in any way, even for medicinal purposes. Meanwhile, states as diverse as Alaska, California, Colorado, Michigan and Maine have legalized the drug for recreational use to some degree.

Could Texas finally be moving in the same direction as the rest of the nation? If Marijuana advocates get their way, 2019 could be a year of change for Texas. Approximately six bills filed in advance of the state government's 86th session are directed at reforms surrounding the state's marijuana laws.

What's an implied consent law?

Imagine you're driving home from work one afternoon and you're completely sober. Nevertheless, an officer asks you to take a Breathalyzer test. What will happen if you refuse? Due to "implied consent" laws, your refusal to submit to a Breathalyzer test will result in your immediate arrest.

Every state -- including Texas -- has implied consent laws in place. These laws assume that as a result of owning a drivers' license and choosing to drive, the driver has consented to submit to a police officer's request to take a blood alcohol test.

Avoid holiday problems with medical marijuana

The holidays are here, and that means millions of Americans will be traveling away from their homes in order to visit friends and relatives for a time.

Unfortunately, the current mashup of laws in the United States regarding marijuana use may cause some confusion for travelers -- and that confusion could easily translate into criminal charges if they aren't careful.

Expunction of drunk driving charges in Texas

An arrest and a conviction aren't the same things -- but when an arrest for drunk driving or any other criminal charge shows up on your background check, it can certainly feel the same.

Having an arrest anywhere on your record can cause you countless problems with your finances, your ability to rent certain apartments and your ability to find employment. It's a stain on your personal character that you certainly don't need hanging over your head.

Drug dealing and drug trafficking: What's the difference?

Being charged with drug possession is scary enough -- but if the prosecution elevates the charges to either possession with the intent to sell or drug trafficking, the situation could become downright terrifying.

What exactly is the difference?

How a drunk driving charge affects your car

If you're like many people, your vehicle may be the most valuable possession you own. Losing it could interrupt your life in a very significant way and make even the most routine tasks incredibly difficult.

Unfortunately, a drunk driving charge can put your vehicle in jeopardy under certain circumstances:

Texas jury acquits shop owners of drug trafficking over 'spice'

Did the owners of a chain of stores in Texas intentionally research the ever-evolving list of synthetic drugs that were illegal under federal law in order to avoid prosecution? Or, were they desperately trying to avoid breaking the law?

The jury, at least, seems to believe that the owners -- a 72-year-old entrepreneur who opened his first shop back in the 1970s and his 43-year-old daughter -- weren't intentionally trying to avoid drug trafficking laws. They were each convicted of only one charge: conspiracy to defraud the government in relation to how the products were labeled.

I was found not guilty. Do I need to petition for an expunction?

Perhaps an officer arrested you due to your physical similarities to an unidentified drug offender. The charges held sufficient evidence against you, but you know the scenario involved you being in the wrong place at the wrong time. After a lengthy court process, another officer caught the true culprit, and the court subsequently acquitted you for committing the crime.

Many individuals do not know that if they find themselves arrested or charged with various, serious crimes, these arrests stay on your record. Even if the court finds you not guilty, or if your charge was simply the result of mistaken identity, you must still petition for expunction under Texas law. Arrests and charges can affect your ability to get appropriate employment, and officers may even have reasonable cause to investigate you due to your past arrests.

Stay in Touch

Toll Free: 800-847-8996
Local: 903-371-0095
Fax: 903-758-3239

211 N. Center Street
Longview, TX 75601
Map & Directions

Se Habla Espanol

Stay Connected