J. Michael Price II
J. Michael Price II - Criminal Defense
Aggressive, experienced and trusted Criminal Defense Attorney
  • Criminal Law Specialist certified by the Texas Board of Legal Specialization
  • Board Certified Criminal Trial Lawyer by the National Board of Legal Specialty Certification
CALLS ANSWERED 24 HOURS A DAY 214-651-1121 877-651-1121
  • Google Plus
  • Blog
  • Facebook
  • Linked In

Marijuana decriminalization possible in Texas county

Candidates in a race for district attorney in Harris County are both proposing the decriminalization of marijuana. Decriminalization was reportedly proposed by the Democratic candidate for the position in August, and if elected, her program would focus on cutting costs and decreasing time spent on prosecuting misdemeanor offenders. In response, the Republican incumbent announced that first-time offenders who possess less than 2 ounces of marijuana would have the opportunity to avoid prosecution by either attending a drug education class or performing eight hours of community service.

The current district attorney's plain is directed at stopping first-time offenders from using drugs without the stigma of drug possession charges on their records. In her program, suspects will be taken to a police station where officers will record the incident and catalog the evidence. However, in the proposed candidate's plan, it does not matter whether the individuals are repeat offenders. Officers will ticket the accused individuals, and they will be required to participate in a two-day litter cleanup program around Houston bayous.

What are the penalties for marijuana possession in Texas?

In Texas, it is illegal to possess any amount of marijuana. The penalty for possessing the substance depends on how much is found when an individual is taken into custody.

A conviction on possession of less than two ounces of the substance carries a jail sentence of up to 180 days and a fine of $2,000. Those who have been convicted of possessing between two and four ounces could spend one year in jail and face a fine of $4,000. The charges for both of these violations is considered a misdemeanor under state law.

Man stopped for DWI near his house

A Texas man was detained on Sept. 21 after allegedly leading Greg County sheriff's deputies on a chase near White Oak. The 36-year-old man was spotted at about 1:40 a.m. while driving along River Road. When deputies attempted to pull him over, the man allegedly continued to drive for a short distance until the deputies were able stop him near his home.

After he was taken into custody, the accused man was held on $6,000 bond for charges of DWI, evading arrest and detention. There have been no reports about what led to the traffic stop or what methods were used to test the man's level of intoxication.

Man accused of driving drunk with 3 kids in car

Texas police accused a man of driving with a blood alcohol content level that was more than three times the legal limit. At the time, the man was traveling in southeast Austin with three children in his car. Although the man was detained for the incident on April 14, the blood test results were announced in September. The Austin Police Department Forensic Science lab says that a blood sample that the staff tested showed that the man had a blood alcohol level of .268 percent.

The alleged DWI incident began when the 42-year-old man allegedly struck a woman's vehicle at the intersection of Vargas Road and Porter Street. According to the woman, the man continued to drive after hitting her car. The woman proceeded to follow the man and allegedly witnessed his vehicle drift out of its lane several times.

Woman faces charges in Texas Medicare billing scam

On Sept. 17, a woman who formerly lived in Nigeria entered a guilty plea to conspiracy to commit health care fraud. The charges are in regards to her involvement in a Medicare billing scheme that racked up about $10 million.

The woman, who was originally from Port Harcourt, Nigeria, had her court appearance in Tyler. If she is convicted of the charges, she could be penalized with a jail sentence of 10 years, as reported.

What is domestic violence and what are the maximum penalties?

In Texas, domestic violence is defined as actions that cause or threaten to cause physical harm to a partner, spouse or other individual in the same household. Actions that are seen as provocative or aggressive may also be seen as domestic violence. In court, a prosecutor will have to prove that an abuser intentionally took action with the purpose to injure or frighten the abused party.

Penalties for domestic violence may range from a $500 fine to two or more years in prison depending on the severity of the charges. For instance, those who are convicted of a second-degree felony charge may spend up to 20 years in prison, and the fine for a felony conviction may be as much as $10,000. When determining the severity of the crime, several factors must be considered such as the relationship between the two parties.

Fatal car accident leads to DWI charges

A Texas man was taken into custody after he allegedly killed two people and injured two others in a car accident. According to police, the man ran a red light while making a left turn in a 2000 Chevrolet Silverado and hit a 1996 GMC Suburban on the left side. The accident happened along Highway 290 at the West Road intersection in Jersey Village around 3 a.m. on Sept. 6. A family of four was in the SUV when the incident occurred. Two of them died at the scene while two others were transported to Memorial Hermann Hospital.

Reports say that the man who was driving the Silverado appeared to be under the influence at the scene, and the man now faces charges related to drunk driving. Police have charged him with a count of intoxication assault and two counts of intoxication manslaughter.

DWI suspected in serious Texas car accident

Toxicology reports are pending in connection with a one-vehicle accident that occurred on the night of Sept. 9 in Abilene. Authorities have not filed DWI charges yet, but they believe that alcohol and excessive speed may have played a role in the incident. The 23-year-old driver crashed his vehicle into a sign, wrapping it around a pole at Betty Hardwick Center.

The man was taken to Hendrick Medical Center for treatment of his injuries, and he was later released. It is believed that he drove at high speed and lost control as he traveled south on an Abilene street. Nearby residents reported that they heard the crash and that they went to the scene to assist any victims. Although the driver suffered injuries, he was reported to be alert and responsive when authorities arrived on the scene.

Technicality results in overturned DWI conviction

A 44-year-old Texas man recently had his drunk driving conviction overturned due to a technicality after an appeal. The man had previously been serving a life sentence in connection to a third DWI. Sources say that he was detained in 2012 after a traffic stop by an officer in Tyler. At the time of the stop, the officer determined that the man was intoxicated and requested a breath test. However, the man refused, and officials obtained a blood draw without securing a warrant first.

Although the defense lawyer representing the man attempted to have the blood draw omitted from evidence, it was permitted during the trial. The man chose to plead guilty, and he was sentenced. However, a case in the U.S. Supreme Court was in progress in the same time period. The case revolved around a situation in which a blood draw was collected without a warrant. The Court ruled that collecting the sample without a warrant was a violation of the individual's Fourth Amendment rights.

Multi-agency drug bust in Texas

On Sept. 4, 23 people in Texas were arrested on charges related to pharmaceutical drug fraud. The arrests were the culmination of a 10-month long investigation ongoing in the El Paso area. Several agencies collaborated in the investigation, including local law enforcement, Homeland Security Investigations, U.S. Marshals Service, U.S. Border Patrol, the Texas Department of Public Safety and the Drug Enforcement Agency. Law enforcement was unable to apprehend six of the 29 people targeted for arrest.

The operation deployed 100 officers and agents during the morning hours in efforts to complete all the arrests. Authorities also claim that the arrests made may have uncovered evidence related to child pornography as well. The names and photos of the six people who were not apprehended have already been publicly released. Investigators allegedly uncovered four criminal organizations that were responsible for the vast majority of ongoing prescription fraud.