In July of 2020, detectives arrested 26-year-old Jared Naranjo for the murder of Frederick Rice. Authorities now believe that was done in self defense.

CORPUS CHRISTI, Texas — A man on trial for murder has been released due to new and crucial evidence proving the defendant’s claim of self defense. 

It was in July of 2020 when police were called to Mokry Drive near Carroll Lane and Gollihar Road at around 3:30 a.m. That’s where they found Frederick Rice suffering from a gunshot wound. He was taken to the hospital where he later died from his injuries.

Read the full article here

From best-selling novels to award-winning TV shows and podcasts, people are fascinated by how the media portrays the American legal system. They’re drawn to the drama and suspense that goes on in the courtroom, and they love to see what lawyers do best (which is defend the innocent and prosecute the guilty). While this makes for good drama, how much do you know about how the practice of law actually works? Laws can be classified in a number of different ways, and one of the broader classifications divides them into two basic groups: civil and criminal.

Elements of Criminal Law in Texas

Criminal law deals with a legal system that’s designed to punish or reform people who have committed some kind of criminal offense against a state or nation. It also includes crimes committed against individuals. Criminal laws vary based on the jurisdiction, and some of them are more severe than others. The prosecution for a criminal case involves the government deciding whether to punish someone for committing a crime and will be based on whether it falls in any of the following categories:

• Misdemeanors — These types of crimes aren’t that serious and are classified with a letter system (in an A-C format) from least to most severe. Punishments can include fines, loss of certain privileges, and even jail time. Examples of misdemeanor offenses include parking violations, public intoxication, trespassing, petty drug crimes, disorderly conduct, and certain cases of weapons possession.
• Felonies — These are the most serious types of criminal offenses. In the State of Texas, they’re classified according to their “degree.” Punishments for felony crimes can result in short or long prison sentences and even the death penalty. Examples of felonies can include murder, aggravated assault, kidnapping, arson, as well as the sale or manufacture of drugs.

If you want to know more about criminal law in Texas, be sure to speak to a qualified attorney.

Aspects of Civil Law in Texas

The term “civil law” is used to describe any legal case that isn’t considered criminal, and it usually involves an attempt to settle a monetary or property-related dispute between private citizens. Civil law in Texas deals with individual rights or interests (such as contractual agreements) that have been violated by another person or organization. A civil lawsuit in Texas must be filed. In the courtroom, the participants on both sides of the case are referred to as “parties.”

Civil law is typically divided into four separate categories, which can intersect (depending on the specifics of the case):

• Contract Law — Enforces and interprets agreements between people, businesses, or groups as it relates to the exchange of money, services, goods, or property
• Property Law — Manages the different types of ownership with regard to personal property, real estate, or land.
• Family Law — Involves issues related to the family relationships (such as child custody, divorce, adoption, paternity, and emancipation).
• Tort Law — Covers most civil lawsuits in Texas and in other states, because it involves the law as it relates to the protection and compensation of people who have been hurt by the recklessness or negligence of someone engaged in wrongdoing.

Be sure to speak to a qualified attorney for more information.

Important Differences Between Civil and Criminal Law in Texas

The main difference between civil and criminal law is in how they’re dealt with in the courts. Criminal cases are prosecuted by state officials, while civil cases involve private individuals or organizations (which are called “plaintiffs”). In criminal cases, the prosecutor must be able prove “beyond a reasonable doubt” that the person being charged is guilty. But, in civil cases, the plaintiff must prove with a “preponderance of evidence” that the defendant is liable.

How Civil and Criminal Law Can Intersect in the State of Texas

While civil and criminal law were meant to address two different types of wrongdoing, they do have some similarities. Sometimes, they can even meet in the middle. Criminal law deals with crimes that are committed against the state, but some cases will have both civil and criminal trials. The victim may decide to sue someone for civil damages that resulted from the crime, but neither case rulings will be mutually exclusive. A person who wasn’t convicted of a crime could still be liable in a civil lawsuit in Texas for the same actions.

If you have been charged with a crime and are looking for a criminal defense lawyer in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.

If you’re facing murder charges in Texas, your entire life will hang in the balance. The quality of the representation you choose could determine the sentence you receive (which can be serving a long prison sentence or even the death penalty). Criminal homicide can include several different offenses, including the following:

• Murder
• Manslaughter
• Capital murder
• Criminally negligent homicide

Any death that is the result of negligence or the actions of someone else (regardless of whether another crime was reported) may be tried in court as murder or homicide, and the difference between each type of defense can be a matter of life and death in the State of Texas.

Types of Murder Charges in Texas

There’s no such thing as “second-degree murder” in the State of Texas. Instead, it’s just called “murder” and is considered a first-degree felony. Murder charges in Texas can lead to up to 20 years in a state prison with no possibility for parole — at least, not after serving many years of incarceration. A murder conviction can also result in a fine of up to $10,000, which must be paid to the state.

First-degree murder is called “capital murder” in the State of Texas. The important difference is that capital punishment (which refers to the death penalty) is an option for sentencing. As long as you’re at least 17 years of age and the circumstances of the alleged murder are considered “egregious,” it may be considered capital murder and could result in the most severe penalties.

You committed an act of manslaughter if you killed someone recklessly, which exists is there’s a substantial and unjustifiable risk that resulted in someone else’s death. To be convicted of manslaughter in Texas, you must be aware that the risk exists but did it anyway. The act must be a gross deviation from the standard of care that would ordinarily be exercised under the circumstances. If you shot a loaded gun into a crowd without aiming at someone in particular (or were even aiming above the crowd), you could be prosecuted under a manslaughter charge and can serve 2-20 years in prison.

Criminally negligent homicide occurs if you killed someone else because of “criminal negligence,” which occurs if you weren’t aware of the risk of harm but should have been. If two friends are “playing guns” by aiming and pulling their triggers while believing they’re not loaded are most likely engaging in criminal negligence if it’s actually loaded and resulted in someone’s death. This can lead to time in a state jail between 180 days and 2 years.

Defenses to Murder Charges in Texas

If you have been charged with any kind of murder offense in the State of Texas, you may be justified in killing that person if it was because of self-defense or in the defense of someone else. You have the right to use force against someone who is attacking you, is committing, or is threatening to commit a criminal act against you. You can also be justified in killing that person if he or she enters your residence. There are important limitations to this right of self-defense, which include the following:

• You must not be the aggressor of the confrontation.
• You can’t claim self-defense if the other person only engaged in verbal provocation. You can’t punch or batter anyone who insults you.
• The use of force must be proportionate and reasonable under the circumstances. If you stab someone multiple times with a knife after that person threw a punch, you can’t claim self-defense.

Use of deadly force is only permitted if someone else threatens you with the same level of force. It can also be used if you’re in imminent danger of any of the following:

• Aggravated kidnapping
• Murder
• Sexual assault
• Aggravated sexual assault
• Robbery
• Aggravated robbery

Use of force can used against someone who unlawfully and with force enters your home, vehicle, or workplace. It can also be used if you had a reasonable belief that use of force is justified and necessary under the circumstances. This is determined on an objective level. If a reasonable person in the same situation wouldn’t feel threatened or that use of deadly force wasn’t called for, you may not avoid criminal liability by claiming self-defense (regardless of what you believe).

You can use deadly force in the defense of someone else if:

• You reasonably believe that the third person would be justified in performing an act of self-defense.
• You reasonably believe that your immediate intervention is needed to protect the other person.

Your actions will be judged on an “objective, reasonable person” standard. If your beliefs aren’t the same as a reasonable person in the same set of circumstances, the killing wouldn’t be justified (regardless of your personal beliefs).

If you’re looking for a criminal defense lawyer in Corpus Christi to help you in your defense of murder charges in Texas, be sure to get in touch with Gale Law Group.

The lawsuit states Rudy Bentancourt had around 528 hours of unused sick time saved up. He had planned to cash out this allocated time when he retired.

A former city employee and his attorney have now filed a civil lawsuit against the city of Corpus Christi alleging age discrimination.

The collective action complaint was filed this week in the U.S. District Court for the Southern District of Texas Corpus Christi Division.

The Lawsuit was filed on behalf of 47-year-old Rudy Bentancourt, who claimed the city did not pay him his full unused sick time when he retired in February.

Read the full article: https://www.kiiitv.com/article/news/local/former-city-employee-files-civil-lawsuit-over-unpaid-benefits-of-around-15000/503-cd01eb62-1f29-4b62-bc18-d1a01973ac17

In 2019, the FBI ranked Corpus Christi as the 43rd most dangerous city in America for violent crimes. This is based on gathered information in each reported city, which is a collection of crime data called “uniform crime reporting.” The FBI classifies murder, some cases of manslaughter, rape, robbery, and aggravated assault as violent crimes. In 2019, there were an estimated 736.9 violent crimes for every 100,000 people in Corpus Christi. It’s still lower than Houston, which had 1,072 violent crimes. But it’s still higher than San Antonio (which had 515.9 violent crimes) or Austin (which had 286.9 violent crimes). Dallas doesn’t report violent crimes to the FBI, so it isn’t ranked on the list.

Current Violent Crime Data in Corpus Christi

If you’re a resident of Corpus Christi, you have a 1 in 115 chance of becoming a victim of a violent crime. This is in a city with a population of over 326,000 people. Here is the data for the different types of violent crimes for the City of Corpus Christi:

• There were 31 murders for a rate of 0.09 per 1,000 people.
• There were 266 rapes for a rate of 0.81 per 1,000 people.
• There were 499 robberies for a rate of 1.53 per 1,000 people.
• There were 2,034 assaults for a rate of 6.23 per 1,000 people.

The total number of violent crimes for the United States (which has a population of over 328 million people) are as follows:

• There were 16,425 murders for a rate of 0.05 per 1,000 people.
• There were 139,815 rapes for a rate of 0.43 per 1,000 people.
• There were 267,988 robberies for a rate of 0.82 per 1,000 people.
• There were 821,182 assaults for a rate of 2.50 per 1,000 people.

Corpus Christi had over 4,240 total reported crimes per 100,000 people in 2020, which is higher than the rates for Texas and the United States. This included 794 violent crimes per 100,000 people that were reported that same year. Here is the individual data for each of the crimes reported in 2020:

• There were 9.4 murders for every 100,000 people.
• There were 51.1 rapes for every 100,000 people.
• There were 100 robberies for every 100,000 people.
• There were 263 assaults for every 100,000 people.

If you have been charged with a violent crime, the penalties can be harsh. The last thing you want to do is go at it alone. So, be sure to speak to a criminal defense lawyer in Corpus Christi to help you with your case. At Gale Law Group, we have a team of people who will fight for you!

Current Property Crime Data in Corpus Christi

If you live in Corpus Christi, you have a 1 in 28 chance of becoming a victim of a property crime. This can include burglary and theft (including motor vehicle theft). Here is the data for the different property crimes in Corpus Christi:

• There were 1,988 burglaries for a rate of 6.09 per 1,000 people.
• There were 8,619 thefts for a rate of 26.37 per 1,000 people.
• There were 895 motor vehicle thefts for a rate of 2.74 per 1,000 people.

Here is the total number of violent crimes for the entire country:

• There were 1,117,696 burglaries for a rate of 3.42 per 1,000 people.
• There were 5,086,096 thefts for a rate of 15.50 per 1,000 people.
• There were 721,885 motor vehicle thefts for a rate of 2.20 per 1,000 people.

There were 3,446 property crimes reported in Corpus Christi for 2020, which includes the following:

• There were 595.5 burglaries for every 100,000 people.
• There were 2,579.3 thefts for every 100,000 people.
• There were 270.9 motor vehicle thefts for every 100,000 people.

This is compared to the 2,391 property crimes reported in Texas, which includes the following:

• There were 392.8 burglaries for every 100,000 people.
• There were 1,730.6 thefts for every 100,000 people.
• There were 267.2 motor vehicle thefts for every 100,000 people.

If you have been accused of a property crime and are looking for the best criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group. If you have been charged with any kind of crime, you don’t want to go it alone. So if you want someone who will fight for you, we would be happy to speak with you about how we can help you come up with a solid defense.

In certain circumstances, Texas Law allows for certain “enhancements” with regard to the sentencing on criminal charges. And one of the circumstances that can affect it is if you’re considered a repeat (or habitual) offender. If you meet this definition, you could face harsher penalties for the same charge than if it was your first offense and had no previous convictions. For the court to use this enhancement, it needs to make sure you meet this specific definition. And if it doesn’t apply, they can’t use it against you.

Definition of a Habitual or Repeat Offender

Like many states around the country, Texas takes a hard stance on people who have been convicted of multiple felonies. If you had at least two previous felony charges and committed a third offense, you could be considered a habitual offender. And your sentencing could be harsher because of this designation. There are, however, some scenarios that could apply to this situation. Some of them can include but may not be limited to:

• If you were convicted of a third-degree or higher felony and are facing another third-degree felony charge, your conviction will be sentenced as if it were a second-degree felony.
• If you were convicted of a third-degree or higher felony and are facing a second-degree felony charge, your conviction will be sentenced as if it were a first-degree felony.
• If you were convicted of a third-degree or higher felony and are facing a first-degree felony charge, your conviction will be sentenced as if it were a capital felony with a minimum of 15 years in prison.
• If you had two previous state jail felony convictions and are facing a new state jail felony charge, your conviction will be sentenced as if it were a third-degree felony.
• If you had two previous third-degree or higher felony convictions committed in a series, getting a new state jail felony will be sentenced as a second-degree felony.

If you’re considered a repeat offender, it can significantly enhance the penalties you face if you’re convicted of another crime.

The Three Strike Law in Texas

Repeat offenders are subject to the Three Strike Law in Texas, which says that certain crimes committed with one or more previous occurrences could lead to the harshest possible penalties. For this to be the case, both of the previous convictions need to have occurred after the other has been completed and sentenced. But if there’s any overlap, they don’t count as “prior felony convictions.” If you had two previous felonies that apply to this rule and are facing a third felony conviction, it could result in the following penalties:

• Life in prison.
• A prison sentence not to exceed 99 years.
• A prison sentence not less than 25 years.

Even if you’re only facing a second-degree felony, you could be sentenced to life in prison.

Additional Enhancements for Repeat Offenders

Certain repeat offenses can lead of a life sentence even with only one previous conviction. These crimes are so serious that a repeat offense could lead to a person being permanently taken out of society. Some of them include but may not be limited to:

• Sexual assault (rape).
• Aggravated sexual assault.
• Indecency with a child.
• Aggravated kidnapping.

If any of these convictions are on your record, it’s extremely important for you to hire an attorney with experience in dealing with repeat offender cases. Otherwise, you could face a life sentence.

Possible Defenses Against a Repeat Offender Designation

The best way to defend yourself against a repeat offender designation is to be found not guilty of the charge you’re currently facing. If you’re not convicted, you can avoid the designation altogether. Some of the defenses that can lead to this result can include but may not be limited to:

• Filing a suppression motion that will exclude any evidence that was unconstitutionally gathered.
• Presenting reasonable doubt to the jury.
• Showing inconsistencies in the prosecutor’s case.
• Challenging the testimony or credibility of witnesses.
• Calling your own witnesses to testify on your behalf.
• Proving that the charges filed against you are false.

Even if you’re convicted, there are still ways to avoid the worst possible sentence. Texas judges have a great deal of discretion on how they can sentence you. Because of certain factors (such as prison overcrowding and funding problems), they will often give you something other than a life sentence. If you have an experienced criminal defense lawyer in Corpus Christi to help you with your case, you can show the judge why you should be given a lesser penalty than what he or she could impose. A qualified attorney knows what to argue, what the judge is looking for, and how to use the unique circumstances of your case to argue a lesser sentence.

If you’re looking for the best criminal defense attorney in Corpus Christi, be sure to get in touch with Gale Law Group.

Driving While Intoxicated (DWI) is considered a serious crime in the State of Texas and can come with serious consequences. Yet, most of the people who are charged with a DWI in Texas are hard-working people with no criminal history. The first and second DWI offense is considered a misdemeanor. But after that, it’s considered a felony. The same is true for any of the following charges:

• DWI with marijuana.
• DWI with prescription drugs.
• Flying while intoxicated.
• Boating while intoxicated.

There are also people get charged with the following offenses:

• Driving with an open container.
• DWI with a child passenger.
• Intoxication assault.
• Intoxication manslaughter.

Every one of these cases can lead to the following:

• License suspension.
• Scram bracelets.
• Jail time.
• Ignition interlock.
• Fines and fees.

It can also result in license renewal surcharges from the Texas Department of Public Safety of $1,040 a year for up to three years. It can also lead to enhanced penalties, depending on who the “victim” was if you caused an accident. There are a lot of collateral consequences that can affect your entire life.

Long-Term Consequences of a Texas DWI

Some of the long-term consequences of a DWI conviction in the State of Texas can include but may not be limited to:

• Your ability to find and keep a good job, which can include careers that require a security clearance or professional licenses.
• Your ability to provide for your family and to have custody of your children.
• Your ability to get a student loan or mortgage.
• Your ability to rent an apartment.
• Your ability to own and use a firearm.
• Your ability to vote.

Even after you have completed your sentence, you will have to pay the price. Some people (such as first-time DWI offenders with a breath test or blood test) may be eligible for an expunction or nondisclosure, but other people (including those who have been convicted of a felony DWI) can lose some of their basic constitutional rights. They can sometimes be reinstated in the State of Texas, but it can be a difficult and time-consuming process without any guarantees.

Why You Should Fight a DWI in Texas

The consequences of a Texas DWI are enough reason to fight these kinds of charges, but it’s your name that’s really on the line. Anyone can get a DWI in Texas, but a conviction can set you back. You can lose time with your family or miss out on an important business affair. That’s why you need to fight a DWI charge. You could be fighting for your ability to keep your life as you knew it. But, if there was a breath or blood test that shows you were illegally intoxicated, how can you fight it?

There are two things you should keep in mind:

• Even if there is alleged evidence that showed you were illegally intoxicated, a DWI in Texas is still defensible.
• You are considered innocent until you are proven guilty.

A qualified attorney will be able to approach your case from all angles, so they can prove your innocence or weaken the State’s case against you.

How to Fight a DWI in Texas

While a Texas DWI is considered a criminal offense, it’s a specific area that requires a more specialized understanding of the laws, the tests being used as evidence, the practices and policies of law enforcement with regard to collecting this evidence, as well as the court system. There are a lot of intersections in these types of cases, so a DWI attorney must know about them and how they work. They must also use that knowledge in a way that will work to your benefit.

Every case will need a specific strategy to be successful. There are certain ways that a DWI can be fought, and there are some techniques that can be helpful. Some of them can include but may not be limited to:

• Representing you at your ALR hearing for the purpose of getting important evidence on which to build your case.
• Challenging any violation of your constitutional rights (including failure to have reasonable suspicion to pull you over, as well as the improper search and seizure of your person or property).
• Challenging field sobriety tests.
• Challenging breath tests.
• Challenging blood tests.
• Challenging the DRE and its results.
• Moving the court to suppress evidence or exclude testimonies from witnesses.
• Using police reports to identify key pieces of information, and challenging police officers with regard to the collection evidence as well as the proper administration of the law.
• Proving that any accident that occurred wasn’t your fault.

Your ability to defend a DWI in Texas will depend on your attorney’s knowledge of the law and how well he or she can put it together strategically. If you’re looking for a criminal defense lawyer in Corpus Christi that can help you with your case, be sure to get in touch with Gale Law Group.

The Nueces County district attorney’s office made an announcement this month about how it will be handling certain marijuana cases. It will no longer be prosecuting misdemeanor marijuana cases, which has come after a new law was passed that legalized hemp in the State of Texas. Any substance with a concentration of THC that’s below 0.3% is considered legal, but Texas crime labs don’t have the equipment needed to determine the actual amount of THC. That’s why District Attorney Mark Gonzalez (along with prosecutors in Bexar, Harris, and Fort Bend counties) signed a letter saying that they will no longer be accepting low-level pot cases that didn’t come with a lab test.

Past Legislation with Regard to Marijuana in Texas

The push toward expanded legalization of marijuana started in 2015, when State Representative David Simpson introduced House Bill 2165 that proposed the legalization of marijuana for recreational purposes. Simpson was a conservative who had been backed by the Tea Party, and he made a religious case for cannabis by saying, “I don’t believe that when God made marijuana, he made a mistake that [the] government needs to fix.” This bill got a great deal of support from the House Criminal Jurisprudence Committee, but it wasn’t passed when it hit the House Floor.

In June of that year, Governor Greg Abbott signed Senate Bill 339 (called the Texas Compassionate Use Act). It allowed for the use of low-THC cannabis oil (less than 0.5%) for the treatment of epilepsy. Abbott caveated his support by saying, “I remain convinced that Texas should not legalize marijuana, nor should Texas open the door for conventional marijuana to be used for medical purposes.” The bill passed with a 26-5 vote in the Senate and a 96-34 vote in the House.

In 2019, the House of Representatives voted 98-43 to pass House Bill 63 (which wanted to make possession of up to one ounce of cannabis a Class C (instead of a Class B) misdemeanor. This eliminated the threat of jail time and reduced the fine to $500. The day after it was passed in the House, Lieutenant Governor Dan Patrick said that he wouldn’t allow a vote in the Senate. In June of that year, Governor Abbott signed House Bill 1325. It legalized the cultivation of industrial hemp, which contains less than 0.3% of THC. It also legalized the possession and sale of hemp-derived CBD products without needing approval from a doctor.

Governor Abbott also signed House Bill 3703, which expanded the number of qualifying conditions that are eligible for treatment under the state’s low-THC medical cannabis program. Aside from epilepsy, the bill also included the following conditions:

• Terminal cancer.
• Autism.
• Multiple sclerosis.
• Amyotrophic lateral sclerosis (ALS).
• Seizure disorders.
• Incurable neurological disorders (such as Alzheimer’s, Parkinson’s, and Huntington’s Disease).

In 2021, the medical program was expanded even further by raising the THC limit from 0.5% to 1% and by expanding the coverage to include all forms of cancer as well as post-traumatic stress disorder (PTSD). The original version of the bill allowed for a 5% THC limit, but it was lowered to 1% when it went through the Senate.

Recent Push to Reduce Marijuana Penalties in Texas

In April of this year, The Texas House passed a bill with an 88-40 vote that would reduce the criminal penalties for possessing small amounts of marijuana and would give people a way to have the charges expunged from their criminal records. This new law applies to the possession of one ounce or less. Before the law was passed, having up to two ounces of marijuana in your possession would be considered a Class B misdemeanor (which would be punishable by up to 180 days in jail and a $2,000 fine). HB 411 was one of the many attempts to reduce the criminal penalties for marijuana possession throughout the state.

Despite the many attempts to reduce statewide criminal penalties, there have been efforts from several major cities and Texas counties to do so in their respective communities. In 2017, Dallas adopted a “cite and release” policy for possessing less than 4 ounces of marijuana. The Bexar County District Attorney implemented the same policy that year. El Paso County started its “First Chance Program,” which allowed people who were caught with less than 4 ounces of marijuana to pay a $100 fine and do 8 hours of community service. In 2020, the Austin City Council voted unanimously to eliminate all penalties for possessing up to 4 ounces of marijuana, and the Austin Police Department announced that it had revised its enforcement policies to comply with this resolution.

While Texas marijuana penalties have been reduced, you could still face criminal charges in the right circumstances. If you have been charged with a marijuana-related offense, you will need a criminal defense lawyer in Corpus Christi to help you with your case. And Gale Law Group has a team of qualified people who can help you with your case. Feel free to get in touch with us for more information about how we can help you!

The possession, sale, and trafficking of cocaine is illegal in all 50 states. There are even federal laws against it. But, in Texas, the penalties for the possession and sale of cocaine will depend on the amount in question. This can lead to some time in jail along with monetary fines. Possessing even the smallest amount of cocaine (less than 1 gram) can lead to felony charge, which can result in a sentence of up two years in prison. Having more than 200 grams of cocaine in your possession can result in a prison sentence of up to 99 years, but some Texas counties offer diversion programs for first-time cocaine offenders in exchange for having the charges dropped.

Laws Related to Cocaine Possession in Texas

The term “possession” refers to the “actual care, custody, control, or management” of a substance. To be guilty of possession, you must intentionally or knowingly have cocaine on your person. But, if you had no intention of possessing cocaine, you might be able to avoid a conviction. The level of punishment for the possession of cocaine in Texas will depend on the amount of which you were found in possession. Here are some of the punishment ranges for cocaine possession in the State of Texas:

• Having less than 1 gram of cocaine in your possession is considered a state jail felony, which can lead to a prison sentence from six months to two years. You also have the option of getting a deferred adjudication or a regular probation, especially if you haven’t had any prior felony convictions.
• Having 1-4 grams of cocaine in your possession is considered a third-degree felony.
• Having 4-200 grams of cocaine in your possession is considered a second-degree felony.
• Having 200-400 grams of cocaine in your possession is considered a first-degree felony.

If you were found in possession of more than 400 grams of cocaine, it can lead to 10-99 years in prison and a possible fine of up $100,000.

Laws Related to Cocaine Delivery in Texas

According to the Texas Health and Safety Code, delivery means to “transfer, actually of constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia” regardless of whether you have a relationship with an agency. The delivery can be actual (which includes a hand-to-hand exchange) or constructive (which occurs when you have committed an act that helps someone else to be in possession of cocaine). So, if you leave several grams of cocaine at a “drop point” for another person to come and pick it up, it will be considered a constructive delivery of cocaine.

Cocaine delivery charges are punished according to the weight in which you were delivering. For less than one gram, you can face 180 days to 2 years in jail and a $10,000 fine. If you were found delivering more than 400 grams of cocaine, you can get a prison sentence between 15 and 99 years and a possible fine of up to $250,000. You could even face life imprisonment.

Laws Related to Cocaine Manufacturing in Texas

Like possession and delivery, the term “manufacturing” has a specific definition in Texas Law. It includes the “production, preparation, propagation, compounding, conversion, processing, creating, packaging, or labeling” of cocaine (which can refer to both natural and chemical methods). Offenses related to the manufacturing of cocaine are also punished according to its weight, and they apply to delivery offenses as well. Manufacturing less than one gram of cocaine will result in 180 days to 2 years in jail and a fine of up to $10,000, while manufacturing more than 400 grams of cocaine can lead to-15-99 years in prison and a possible fine of up to $250,000. You could even get life imprisonment.

Enhancements to Cocaine Offenses in Texas

There may be certain enhancements or extra penalties for cocaine-related offenses in Texas, depending on whether the activity was done for money or where it took place. If it happened on school property, on any building that’s leased or owned by centers for higher education, within 1,000 feet of school property, or on a school bus, a felony offense can go up one level (which can lead to longer prison sentences and even higher fines).

Defending Against Cocaine Offenses in Texas

Most of the evidence with regard to cocaine offenses comes from searches and surveillance conducted by law enforcement, which are limited by both the U.S. and Texas State Constitutions. Any law enforcement activities that violate either of these documents or aren’t conducted according to Federal and State Law can result in the exclusion of any evidence that was discovered during these operations.

One of the most important limitations is the protection of individuals from unreasonable searches. They usually have to present evidence to a judge that establishes “probable cause,” so he or she can issue a search warrant. The Fourth Amendment also requires law enforcement officers to have “reasonable suspicion” that you committed or are about to commit a crime before they can pull your car over. So, they must have more to go on than just a “hunch” (unless you consent to the search).

If you’re facing cocaine charges and you need a criminal defense lawyer in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.

The most common misconception people have about deferred adjudication in Texas is that completing it will remove the charge from their records, but that isn’t the case. A deferred adjudication doesn’t disappear if you complete it successfully. You will have to file a petition for non-disclosure so the record can be sealed, and not all offenses are eligible. For a felony charge, you will have to wait five years from the day you completed the probation before you can file for a non-disclosure.

The Difference Between Deferred Adjudication and Straight Probation in Texas

In Texas, probation is called “community supervision.” It consists of two types: deferred adjudication and regular community supervision. In a nutshell, community supervision is an alternative to going to jail or prison. The defendant is allowed by the judge to stay in the community under the supervision of the court, which can be up to two years for a misdemeanor and up to ten years for a felony. The judge will impose certain requirements for the community supervision, which can include the following:

• Regular drug testing.
• Steady employment.
• Community service.

The most important requirement for community supervision is to not get another offense. If you violate the terms of your community supervision, the D.A. can ask the judge to revoke the probation and send you to jail. But, as a condition of your community service, the judge can order you to spend some time in jail. For a misdemeanor, this period can be up to 30 days. For a felony, it can be up to 180 days.

A deferred adjudication probation in Texas is typically offered to first-time offenders, and it’s often a better deal than regular community supervision. If you’re able to complete it successfully, you won’t have a conviction on your record (which a loose legal term that means you have been found guilty). The successful completion of a deferred adjudication in Texas can often be sealed from public view with a non-disclosure, but this kind of community supervision can’t be granted by a jury. So once you decide to go to trial, deferred adjudication isn’t a possibility.

If you’re on deferred adjudication probation in Texas and you don’t comply with the conditions, the D.A. could ask the judge to “adjudicate” you (which means you will be found guilty and be sent to jail or prison). If the judge decides to adjudicate you, you can be sentenced to any term that’s within the “statutory range” of that crime.

There are three main difference between deferred adjudication and regular community supervision:

• Regular community supervision will typically lead to a conviction and, therefore, can’t be sealed or expunged.
• Regular community supervision is usually a punishment option if you decide to have a jury trial.
• If regular community supervision is revoked, the maximum punishment usually isn’t the statutory maximum.

When someone gets regular community supervision, the maximum jail or prison term will be set at the time of the plea.

The Effects of a Deferred Adjudication in Texas

Completing a deferred adjudication won’t lead to a conviction. So in a sense, the charges will be dismissed. It can, however, affect your ability to find employment and could impact any future car leases or sales. In some cases, it can disqualify you from owning a gun or getting licensed by the state to work in certain professions. If you’re an immigrant, it can affect your application for citizenship. Under Federal Law (which governs immigration and most gun laws) a deferred adjudication is still a conviction. The biggest myth in Texas criminal law is that once you finish your deferred adjudication, the offense disappears as if it had never happened. This is a lie that’s told to defendants every day in every courthouse throughout the state.

A deferred adjudication probation in Texas will still be on your record after you have completed it. To erase the record, you will have to file a petition for a non-disclosure. Some deferred sentences aren’t even eligible. Any crime that involves family violence doesn’t qualify for non-disclosure. So if you take a deferred adjudication for a Class A assault involving family violence, it will stay on your criminal record forever. Some deferred sentences also have a waiting period before the petition can be filed. Some misdemeanor assault charges or any offenses related to the unlawful carrying of a weapon require a two-year waiting period before a petition can be filed.

For more information about deferred adjudication probation in Texas and how it can affect you in the future, be sure to speak to someone at Gale Law Group. We’re a criminal defense lawyer in Corpus Christi that deals with all kinds of cases, and we would be glad to help!