Legal Help for Citizens with Criminal Charges

Beaumont, Port Arthur and Orange Criminal Law Attorney

Criminal Defense

We represent adults and juveniles in Southeast Texas County and District Court in Jefferson, Orange, Hardin, Chambers, Liberty, and Harris Counties charged with felony and misdemeanor crimes, including:

• intoxication offenses: drunk driving - DWI, DUI, DWI with child passenger, public intoxication, possession of alcoholic beverage in motor vehicle, boating while intoxicated, intoxication assault

• disorderly conduct, harassment, stalking, cruelty to animals, dog fighting

• unlawful restraint, kidnapping, unlawful transportation, trafficking of persons

• public lewdness, indecent exposure, prostitution, sexual assault, obscenity, possession or promotion of child pornography

• indecency with a child, injury to a child, elderly individual or disabled individual, abandoning or endangering a child, deadly conduct, terroristic threat, leaving a child in a vehicle, interference with child custody or rights of guardian of a person, online solicitation of a minor

• arson, criminal mischief, reckless damage or destruction, interference with railroad property, graffiti

• robbery, burglary, criminal trespass

• fraud, forgery, criminal simulation, trademark counterfeiting, stealing or receiving stolen check or similar sight order, credit or debit card abuse, false statement to obtain property or credit, hindering secured creditors, fraudulent transfer of a motor vehicle, credit card transaction record laundering, issuance of bad check, securing execution of a document by deception

• evading detention or arrest, failure to identify, resisting arrest, search, or transportation, hindering apprehension or prosecution, escape, bail jumping and failure to appear

• drug offenses - possession of marijuana (marihuana); possession, manufacture or delivery of controlled substance – cocaine, methamphetamine

• probation violations - Motion to Revoke, Motion to Adjudicate

• theft, theft of service, theft of trade secrets, theft by check, shoplifting, unauthorized use of a vehicle, tampering with identification numbers, theft, manufacture, sale or lease of multichannel video or information services device

• white collar crimes such as embezzlement, money laundering, insurance fraud, medicaid fraud

• unlawful possession of firearm, prohibited weapons, unlawful possession of metal or body armor by felon, making a firearm accessible to a child

• violent crimes, including domestic violence, assault

  We represent adults and juveniles charged with federal drug crimes in Federal Court in the Southern and Eastern District of Texas, including:

• TITLE 21 > CHAPTER 13 > SUBCHAPTER I > Part D > 841 §841. Prohibited acts A (a) Unlawful acts - Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally- (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

• TITLE 21 > CHAPTER 13 > SUBCHAPTER I > Part D > 842 §842. Prohibited acts B (a) Unlawful acts - It shall be unlawful for any person- (1) who is subject to the requirements of part C to distribute or dispense a controlled substance in violation of section 829 of this title; (2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled substance not authorized by his registration; (3) who is a registrant to distribute a controlled substance in violation of section 825 of this title; (4) to remove, alter, or obliterate a symbol or label required by section 825 of this title; (5) to refuse or negligently fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, invoice, or information required under this subchapter or subchapter II of this chapter; (6) to refuse any entry into any premises or inspection authorized by this subchapter or subchapter II of this chapter; (7) to remove, break, injure, or deface a seal placed upon controlled substances pursuant to section 824 (f) or 881 of this title or to remove or dispose of substances so placed under seal; (8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the United States, or to the courts when relevant in any judicial proceeding under this subchapter or subchapter II of this chapter, any information acquired in the course of an inspection authorized by this subchapter concerning any method or process which as a trade secret is entitled to protection, or to use to his own advantage or reveal (other than as authorized by section 830 of this title) any information that is confidential under such section; (9) who is a regulated person to engage in a regulated transaction without obtaining the identification required by 830(a)(3) of this title. (10) negligently to fail to keep a record or make a report under section 830 of this title; (11) to distribute a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, in violation of this subchapter or subchapter II of this chapter, with reckless disregard for the illegal uses to which such a laboratory supply will be put; (12) who is a regulated seller, or a distributor required to submit reports under subsection (b)(3) of section 830 of this title- (A) to sell at retail a scheduled listed chemical product in violation of paragraph (1) of subsection (d) of such section, knowing at the time of the transaction involved (independent of consulting the logbook under subsection (e)(1)(A)(iii) of such section) that the transaction is a violation; or (B) to knowingly or recklessly sell at retail such a product in violation of paragraph (2) of such subsection (d); (13) who is a regulated seller to knowingly or recklessly sell at retail a scheduled listed chemical product in violation of subsection (e) of such section; or (14) who is a regulated seller or an employee or agent of such seller to disclose, in violation of regulations under subparagraph (C) of section 830 (e)(1) of this title, information in logbooks under subparagraph (A)(iii) of such section, or to refuse to provide such a logbook to Federal, State, or local law enforcement authorities. As used in paragraph (11), the term "laboratory supply" means a listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General, which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals. For purposes of paragraph (11), there is a rebuttable presumption of reckless disregard at trial if the Attorney General notifies a firm in writing that a laboratory supply sold by the firm, or any other person or firm, has been used by a customer of the notified firm, or distributed further by that customer, for the unlawful production of controlled substances or listed chemicals a firm distributes and 2 weeks or more after the notification the notified firm distributes a laboratory supply to the customer. (b) Manufacture It shall be unlawful for any person who is a registrant to manufacture a controlled substance in schedule I or II, or ephedrine, pseudoephedrine, or phenylpropanolamine or any of the salts, optical isomers, or salts of optical isomers of such chemical, which is- (1) not expressly authorized by his registration and by a quota assigned to him pursuant to section 826 of this title; or (2) in excess of a quota assigned to him pursuant to section 826 of this title.

• TITLE 21 > CHAPTER 13 > SUBCHAPTER I > Part D > 843 §843. Prohibited acts C (a) Unlawful acts - It shall be unlawful for any person knowingly or intentionally- (1) who is a registrant to distribute a controlled substance classified in schedule I or II, in the course of his legitimate business, except pursuant to an order or an order form as required by section 828 of this title; (2) to use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired, or issued to another person; (3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; (4) (A) to furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed under this subchapter or subchapter II of this chapter, or (B) to present false or fraudulent identification where the person is receiving or purchasing a listed chemical and the person is required to present identification under section 830 (a) of this title; (5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit substance; (6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this subchapter or subchapter II of this chapter; (7) to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this subchapter or subchapter II of this chapter or, in the case of an exportation, in violation of this subchapter or subchapter II of this chapter or of the laws of the country to which it is exported; (8) to create a chemical mixture for the purpose of evading a requirement of section 830 of this title or to receive a chemical mixture created for that purpose; or (9) to distribute, import, or export a list I chemical without the registration required by this subchapter or subchapter II of this chapter. (b) Communication facility It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of this subchapter or subchapter II of this chapter. Each separate use of a communication facility shall be a separate offense under this subsection. For purposes of this subsection, the term "communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, and all other means of communication. (c) Advertisement (1) It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publications, any written advertisement knowing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule I controlled substance. As used in this section the term "advertisement" includes, in addition to its ordinary meaning, such advertisements as those for a catalog of Schedule I controlled substances and any similar written advertisement that has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule I controlled substance. The term "advertisement" does not include material which merely advocates the use of a similar material, which advocates a position or practice, and does not attempt to propose or facilitate an actual transaction in a Schedule I controlled substance. (2) (A) It shall be unlawful for any person to knowingly or intentionally use the Internet, or cause the Internet to be used, to advertise the sale of, or to offer to sell, distribute, or dispense, a controlled substance where such sale, distribution, or dispensing is not authorized by this subchapter or by the Controlled Substances Import and Export Act [21 U.S.C. 951 et seq.]. (B) Examples of activities that violate subparagraph (A) include, but are not limited to, knowingly or intentionally causing the placement on the Internet of an advertisement that refers to or directs prospective buyers to Internet sellers of controlled substances who are not registered with a modification under section 823 (f) of this title. (C) Subparagraph (A) does not apply to material that either- (i) merely advertises the distribution of controlled substances by nonpractitioners to the extent authorized by their registration under this subchapter; or (ii) merely advocates the use of a controlled substance or includes pricing information without attempting to facilitate an actual transaction involving a controlled substance.

• TITLE 21 > CHAPTER 13 > SUBCHAPTER I > Part D > 846 §846. Attempt and conspiracy Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

  Contact our office to talk with a Beaumont area criminal defense lawyer for aggressive defense of your rights in criminal court.