Criminal Defense FAQs: What if I Did it?
What can Daniel K. Peugh, Attorney at Law help you with?
What If I Did It?
OK, I admit it. Real people do not like trials. Only the mutants that we call lawyers like trials. Even if you feel very strongly that you did what you are accused of, hire a good lawyer. Criminal Defense, as much as I like to brag, is not all “not guilty” verdicts and dismissals. A big part of what I do for a living, my favorite part, is helping good people that just messed up. At one time in my career I was a bulldog of a prosecutor. I know very well that prosecutors, particularly the young ones, can think that they are saving the world by throwing good people to the wolves. You must have good representation. You do not need to be “made an example of.” The fact that I do try cases and that I do get verdicts will be respected in the plea bargain negotiations. My thorough investigations always turn up defensive issues that, at least, encourage prosecutors to offer a better plea bargain.
What if I did it?
More and more in Assault cases the Family Violence variety is consisting of what we call, “one bad night” cases. This can apply to regular Assault Causes Bodily Injury cases as well. Life, at times, becomes over whelming. People commonly lose loved ones suddenly. Jobs are unexpectedly lost and financial struggles set in quickly. Everyday someone learns that his marriage is not as blissful as he thinks according to his partner’s cell phone records. Often these things will hit more than one at a time.
These stressors commonly lead to arguing. Sometimes the arguing goes too far. A push, a slap or a grab happens quickly under these conditions. Assault and Assault Family Violence require an element of bodily injury. But, bodily injury is defined as any pain, any impairment or any illness. That means as little as a red mark or, “Ow! Don’t do that” is a Class A Misdemeanor. Police make arrests in these situations and the Assault Family Violence snowball grows quickly as it speeds downhill.
These cases quickly come to include protective orders, whether they are wanted or not. Bond costs and special bond conditions follow if you want to get out of jail. The case is headed to the District Attorney’s Office and it will be filed in court unless the accused and defense counsel act quickly. Convictions and adjudications for Assault Family Violence carry serious collateral consequences such as; the loss of gun rights, immigration consequences for non-citizens and a permanent public record on a background.
Criminal Defense, as much as I like to brag, is not all “not guilty” verdicts and dismissals. A big part of what I do for a living, my favorite part, is helping good people that just messed up. You do not need to be “made an example of.” My thorough investigations always turn up defensive issues that, if they do not win dismissals, encourage prosecutors to offer a better plea bargain. The worst consequences of an Assault or Family Violence charge can be negotiated away.
What if I did it?
Texas Drug Laws are not exactly keeping up with the decriminalization of drugs that is going on elsewhere. Not at all. Possession of a Controlled Substance, even in personal use amounts, is still a felony in Texas. Possession of Marijuana in personal use amounts is an arrestable and jailable misdemeanor even today. There are a number of prosecutions for the possession of prescription drugs without the prescription. Police and prosecutors are filing and pushing these cases through court just as they always have.
Drug Possession cases such as Possession of a Controlled Substance and Possession of Marijuana require the same elements of the crimes to be proven. Did this happen to you? Officer, “Do you have anything in the car I should know about? Accused, “yeah, I have some weed in the center console.” This exchange is common and it proves possession and knowledge beyond a reasonable doubt. Or, is this your case? You deny having possession of anything illegal but the officer finds a controlled substance or marijuana in a change tray below the dashboard. The car is registered to you, you are the driver and you are the sole occupant. You have a right to a trial but, you do not have a right to win.
Criminal Defense, as much as I like to brag, is not all “not guilty” verdicts and dismissals. A big part of what I do for a living, my favorite part, is helping good people that just messed up. You do not need to be “made an example of.” Where Texas is doing well is with First Offender Programs and Drug Court Programs for Possession of Controlled Substance, Possession of Marijuana and Possession of Prescription Drug cases. A knowledgeable local attorney can help you dispose or your Possession case in a way that will allow you to get it completely off your record in the future.
Drug Delivery or Manufacture
What if I did it?
Most Delivery of a Controlled Substance or Delivery of Marijuana cases are made by police through the use of controlled buys. Somebody you know gets arrested for Possession of a Controlled Substance, Possession of Marijuana or Possession of a Prescription Drug and the police give her a chance to work the charges off. Working charges off involves giving police information on where she gets her drugs and working with the police to set up a buy that the police can record. So, your friend calls you up and begs you to sell her a controlled substance or a quantity of marijuana that she knows you have. You don’t usually sell but, you’ll do it to help a friend out. A few days later the police are at your door with a warrant for your arrest. The whole thing is on video and your right to a jury trial doesn’t sound like such a great option.
Much the same thing can happen with manufacturing a controlled substance. Some people like to grow their own marijuana. So, you get some lights, a water source and maybe a vent hood. Now you never have to buy marijuana again. Until someone sees it, smells it or becomes upset that you won’t share it and calls the police. You are not dealing. You just grow for your own use but, you are growing and that amounts to manufacturing a controlled substance. Technically for Marijuana it is cultivating but, the facts are clear and, again, trial doesn’t sound so good.
Criminal Defense, as much as I like to brag, is not all “not guilty” verdicts and dismissals. A big part of what I do for a living, my favorite part, is helping good people that just messed up. You do not need to be “made an example of.” Delivery and Manufacturing a Controlled Substance and Delivery and Cultivation of Marijuana are typically not eligible for first offender or drug court programs. However, there can be exceptions. It is also possible to work with us on custom fit defense mitigation cases that can get these charges reduced. Avoiding prison, felony conviction and a felony record are all possible with the right defense plan.