Leo & Oginni Personal Injury Lawyers, PLLC

Charged With Possession of a Controlled Substance in Houston?

2020-01-02

Mama Told Me; Not To Sell _______.

If you know the word that goes in the blank, this post might just help you stay out of jail someday. While we don’t approve of what may or may not happen in the Trap-House, the attorneys at Leo & Oginni Trial Lawyers are serious about keeping you out of the Big-House (jail).

Let’s Start With The Basics; What Are Penalty Group 1 Drugs?

Penalty Group 1(PG1) substances are those that carry the harshest penalty in Texas. They are listed in the Texas Health and Safety Code, also known as the Texas Controlled Substances Act. Some of the PG1 drugs that are the most common are Cocaine, Heroin, Rohypnol, Morphine, Fentanyl, Oxycodone, Powder/Raw Opium, and Methamphetamine. You can find the entire list under Chapter 481.

What Is The Possible Jail Time For Penalty Group 1 (PG1)?

Weight	Possession	Penalty	Manufacture Deliver	Penalty
<1g	State Jail Felony	180d-2yrs STJ Up to $10,000	State Jail Felony	180d-2yrs STJ Up to $10,000
1g-4g	3^rd Degree Felony	2-10yrs TDC Up to $10,000	2^nd Degree Felony	2-20yrs TDC Up to $10,000
4g-200g	2^nd Degree Felony	2-20yrs TDC Up to $10,000	1^st Degree Felony	5-99yrs TDC Up to $10,000
200g-400g	1^st Degree Felony	5-99yrs TDC Up to $10,000	1^st Degree Enhanced	10-99yrs TDC Up to $100,000
>400g	1^st Degree Enhanced	10-99yrs TDC Up to $100,00	1^st Degree Enhanced	10-99yrs TDC Up to $100,000

What Is The Possible Jail Time For Penalty Group 2 (PG2)?

Penalty Group 2 (PG2) includes drugs like Adderall, Ecstacy, THC Oil, Wax, Dabs, and Mescaline. Just like PG1, there is a long list of substances that fall into each Penalty Group category.

Weight	Possession	Penalty	Manufacture Deliver	Penalty
<1g	State Jail Felony	180d-2yrs STJ Up to $10,000	State Jail Felony	180d-2yrs STJ Up to $10,000
1g-4g	3^rd Degree Felony	2-10yrs TDC Up to $10,000	2^nd Degree Felony	2-20yrs TDC Up to $10,000
4g-400g	2^nd Degree Felony	2-20yrs TDC Up to $10,000	1^st Degree Felony	5-99yrs TDC Up to $10,000
>400g	1^st Degree Felony	5-99yrs TDC Up to $10,000	1^st Degree Enhanced	10-99yrs TDC Up to $100,000

Don’t Make These Mistakes If You Are Pulled Over By Police!

Don’t argue with police about why you were pulled over. You cannot argue your way out of a ticket or being arrested.
Have your driver’s license and insurance information ready to give when the officer arrives at your window. Don’t give them a reason to say “He was reaching….”
Make sure there is nothing “in plain sight” that will allow police to search your car without your consent. If a police officer sees some weed, a pistol, alcohol, or anything illegal that is out in the open, he can search your car without your consent.
If police ask if they can search your car, the answer should always be “no,” even if you have nothing to hide. Why? Perhaps you drive for Uber or Lyft part-time and someone who had a prescription dropped a Percocet pill in your car (PG1 drug, State Jail Felony). Even if you can eventually get the charges dismissed, all the headache could have been avoided by doing what Nancy Reagan said, “Just Say No.” If you are told to step out of the vehicle during a traffic stop, do so politely and close the door.
This is the most important rule to follow if you have something in the car that you shouldn’t: SHUT THE “F” UP! The body cameras are on and you are being recorded. Everything you say is helping officers build a case against you. Don’t fill in the gaps for them. Instead, you can say, “I would like to speak with my attorney before I answer any questions.”

Click Here To Message A Drug Possession Lawyer And Schedule A FREE Consultation About Your Case

Are Dabs, Wax, Or THC Oil Illegal In Texas?

Yes. In fact all are considered Penalty Group 2 (PG2) substances in Texas. Many people think that putting a Dab in a Dab Rig is no different than using the actual flower or plant marijuana. The penalty for possession of Dabs, Wax, or THC oil is much greater than plant marijuana in Texas.

What should I Do If I Am Caught With a Controlled Substance?

First, refer to Rule #5 above. If you are caught with a large amount (or any amount for that matter) of a controlled substance, it is likely you were caught from information provided by someone and not just at random. This should give you even more reason to just be quiet and ask for a lawyer before you answer any questions. Even if you weren’t set up, but were still caught with some Bars, Percocet, Soma (Carisoprodol) Promethazine-Codeine, Adderall, Molly, Shrooms, or some H-Town Lean in your double cup banging Screw, do your lawyer a big favor….Yup, Follow Rule #5. The more you give your Criminal Defense Lawyer to work with, the better the outcome can be for a Possession of Controlled Substance case.

Do I Need A Lawyer If I Haven’t Been Indicted Or Charged By Information After My Arrest?

The short answer is YES. If you were arrested with a controlled substance in your vehicle or on your person, it is a matter of time before you are formally charged. Don’t think that “they forgot about my charges” because it takes some time before you get the notice. Some counties don’t formally charge you with DWI until after 15 days from your arrest….Hint: Your driver’s license is automatically suspended 15 days after your arrest if you don’t request an Administrative License Revocation (ALR) hearing. Some counties, especially smaller ones, have a slower process for presentation to a Grand Jury than larger counties. The sooner you contact a Criminal Defense Attorney in a Possession of Controlled Substance or Manufacture/Delivery of Controlled Substance case, the better!

Can You Get My Drug Possession Case Dismissed?

At Leo & Oginni Trial Lawyers, our goal in every case is a dismissal. However, no attorney can guarantee or promise you a dismissal. Only the prosecutor can dismiss a case; Not the Judge, Not a probation officer, and definatly not a Criminal Defense Lawyer. The first way to try and get a dismissal of a drug possession charge is to challenge the legality of how the drugs were found. In many cases, this is done by having a Suppression Hearing where a Motion to Suppress is heard in court. At a Suppression Hearing in a traffic stop case, we will argue that there was an illegal traffic stop that led to the discovery of the drugs. If the controlled substance was found in a home or on your person, we will look closely at any 4th Amendment violation (illegal search and seizure) that may have occurred.

Click Here To Learn More About How A Criminal Defense Lawyer Can Help In Your Case

If you or a loved one has been arrested for Possession Of A Controlled Substance, visit us online at www.helpishere.law or just give us a call at (713) 280-3204. Let the Criminal Defense Attorneys at Leo & Oginni Trial Lawyers evaluate your case for FREE! We will let you know how we can help and guide you through the process of defending your rights.

Got Pulled Over? Don't Make These Mistakes when Talking to Police

2019-12-31

Don't Make These Mistakes If You Are Pulled Over By Police!

Don't argue with police about why you were pulled over. You cannot argue your way out of a ticket or being arrested.
Have your driver’s license and insurance information ready to give when the officer arrives at your window. Don’t give them a reason to say “He/She was reaching….”
Make sure there is nothing “in plain sight” that will allow police to search your car without your consent. If a police officer sees some weed, a pistol, alcohol, or anything illegal that is out in the open, officers can search your car without your consent.
If police ask if they can search your car, the answer should always be “no,” even if you have nothing to hide. Why? Perhaps you drive for Uber or Lyft part-time and someone who had a prescription dropped an Oxycontin pill in your car (PG1 drug, State Jail Felony). Even if you can eventually get the charges dismissed, all the headache could have been avoided by doing what Nancy Reagan said, “Just Say No.” If you are told to step out of the vehicle during a traffic stop, do so politely and close the door.
This is the most important rule to follow if you have something in the car that you shouldn’t: SHUT THE “F” UP! The body cameras are on and you are being recorded. Everything you say is helping officers build a case against you. Don’t fill in the gaps for them. Instead, you can say, “I would like to speak with my attorney before I answer any questions.” Don’t be afraid to protect your rights by remaining silent and requesting your attorney.

If you or a loved one has been arrested, visit us online at www.helpishere.law or just give us a call at (713) 280-3204. Let the Criminal Defense Attorneys at Leo & Oginni Trial Lawyers evaluate your case for FREE! We will let you know how we can help and guide you through the process of defending your rights.

I Got Bitten By A Dog, Do I Need A Dog Bite Lawyer?

2019-12-27

What should I do If a dog bit me?

Knowing what to do in case a dog bites you or a loved one makes a terrible situation a little less confusing. Steps to take if you are bitten by a dog:

Call emergency services using 911 to get police and ambulance on the way. The first priority in any dog bite incident is your safety and health.
As soon as possible after emergency services have been contacted, start gathering information about the dog and the owner. Ask if the dog is up to date on shots and other information that might be useful to health care workers.
Have someone take pictures of your bite wound, the area the bite occurred, and if you can do so safely, the dog that bit you. Note the time of day, address, and name of the dog’s owner.
Make sure to file a report of the dog bite with the police for a record of the dog’s bite that day. This will help keep other people safe from a dog that is aggressive or dangerous.
After you are safe and have been treated for your injuries, take the time to find a dog bite attorney you can trust to help you through the process; The attorneys at Leo & Oginni Trial Lawyers will be glad to talk with you about your case for FREE.

Learn more at https://www.gotbitbyadog.com

Getting a Dog Bite Lawyer

A dog bite lawyer will help you understand dog laws in your area

A dog bite lawyer can help you navigate the dog related laws in your specific area. The laws that govern dog owners can be different in each city, town, or county. If you have been bitten by a dog, a trusted dog bite attorney will explain the requirements in your area that dog owners must abide by.

Click Here To Message A Dog Bite Lawyer And Schedule A FREE Consultation About Your Case

How long is too long to wait to contact a dog bite lawyer?

Dog Bites, like other personal injury claims, generally have a two year statute of limitations for you to make your claim. If you wait longer than two years after you were bitten, the statute of limitations will run and you will most likely not be able to make a claim to recover from a negligent dog owner.

What is the average settlement of a dog bite case?

All dog bite cases are different and the injuries you suffer are different from the injuries of another person. Generally, the more severe the injury or if the dog attack causes scarring or disfigurement, the settlement or trial award will be higher.

Will the dog be put down or euthanized if I report a dog bite to police?

There are cases where a dog attack results in the dog being “put to sleep” or euthanized, however, in most cases this does not happen. If a dog bite is severe or if the dog causes an adult or child to die as a result of the attack, the dog might be euthanized. If a dog bites someone and the injury is a broken finger, the dog will most likely not be euthanized, but will be placed on an aggressive or dangerous dog list.

Call Leo & Oginni Peronal Injury Lawyers in Houston

Click Here To Learn More About How A Dog Bite Lawyer Can Help In Your Case

If you or a loved one has been bitten and injured by a dog, visit us online at www.helpishere.law or just give us a call at (713) 280-3204.Let the dog bite injury attorneys at Leo & Oginni Trial Lawyers evaluate your case for FREE! We will let you know how we can help and guide you through the process of making a negligent dog owner compensate you for your injuries.

Bed Bug Infestation Legal Representation in Houston

2019-12-17

How much is my bedbug case worth?

Whether traveling for holidays or for work, hotel and motel stays are common. Bedbug are becoming a bigger and bigger problem in hotels and motels and should be something to watch out for during your stay. We can help when hotel and motel managers fail to inspect their premises and exterminate for bedbugs. We can also help if hotel or motel managers knew bedbugs were present and did not do anything about it.

What is the average value of a bedbug case?

If you travel, you should always take time to inspect your room for signs of bedbugs. Bedbugs like to hide and nest in dark areas. Common places to look are behind headboards, baseboards, and even the seam area of the mattress (where it is stitched together). Signs of bedbugs include dark brown or black stains, white eggs, or mounds of defecation.

If you are bitten by bedbugs, or think you have been bitten by bedbugs, make sure you take pictures. Take photos of the bite area and take pictures of any signs of bedbugs. Take pictures of any bedbugs you see and of the areas where they are most likely to hide. Gathering evidence in your bedbug case is very important.

What is the average value of a bedbug case?

After you have taken pictures of all the evidence of bedbugs you can find, tell the hotel or motel staff about what happened. You should demand to be moved to another room right away or stay somewhere else. If you have emergency room or urgent care visits, those costs can be included in the value of a bedbug case. Any dermatologist appointments or surgeries to remove Keloid scarring may also go into determine what the compensation value of a bedbug lawsuit is. Bedbug bites can become infected or blister, possibly leaving scars behind; these injuries are all factored into the figuring the average value of a bedbug case.

What is the average settlement of a bedbug case?

Bedbugs produce more than bodily injury and medical bills. Bedbugs can also be spread into your home by hiding in luggage or clothes you have worn. If you stayed at a hotel or motel that had bedbugs, there is a significant change that you might also bring them back home into your house. Should your house become infested with bedbugs that were picked up at a hotel or motel, the cost of getting rid of the bedbugs from your home may also be included in the settlement of a bedbug case. The bills from exterminators and possibly the replacement of clothes, mattresses, and lost wages from work are factors in determining the value of a bedbug case.

Bedbugs are a serious nuisance pest and if you find them in a hotel or motel, take action quickly. Take care to ensure you don’t bring bedbugs back home with you. If bedbugs find their way into your home, call an exterminator quickly and keep track of the costs you incur, including any time away from work to deal with the infestation. Also, keep track of any clothing or home items that have to be thrown out because of bedbugs.

If you or a loved one has been bitten by bedbugs while staying at a hotel or motel, give us a call at (713) 280-3204 and we will let you know how we can help!

What is the 12.44a Texas Penal Code? | Class A Misdemeanor in Texas

2019-12-02

What is 12.44 Texas Penal Code?

Sec. 12.44. REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT. reads as follows:

(a) A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if after considering the gravity and circumstances of the felony committed and the history, character,and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.

(b) At the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.

Can you get 12.44(A) time?

One of the most common questions I get from people who have been arrested and are in county custody is: Can you get me 12.44(a) time? Unfortunately for most people, the answer is no because 12.44(a) and 12.44(b) are very limited and specific in their application.

What does this mean for my case?

First, your charge must be a State Jail Felony to qualify. Most often, we see State Jail Felonies that are drug possession offenses (less than one gram of a Penalty Group 1 drug, such as cocaine, meth, or heroin). If your charge is a First, Second, or Third Degree felony, 12.44(a) and 12.44(b) will not be an option.

Second, if your charge is a State Jail Felony, the prosecutor must agree to offer 12.44(a) or (b). A State Jail Felony carries a possible sentence of 180 days to 2 years in a state jail facility and up to a $10,000 fine or both. 12.44(a) allows for a State Jail Felony conviction to be punished as a Class A Misdemeanor. Class A misdemeanors carry a sentence range of up to 1 year in jail and a fine up to $4,000 or both. So, it is possible to get a conviction for possession of less than a gram of cocaine and have a jail sentence of less than 180 days. However...

In a plea bargain, the prosecutor must agree to offer 12.44(a) AND the judge must also agree to accept the plea bargain with 12.44(a) included. This doesn't happen often for a variety of reasons. If you have prior possession charges or a criminal history 12.44(a) is not likely to be offered.

If you are facing your first State Jail Felony or don’t have an extensive criminal history, you might be a good candidate for 12.44(a) if you are seeking a plea bargain with the State. Remember though, 12.44(a) WILL result in a felony conviction on your record. 12.44(a) only affects how the felony is punished.

Contact Attorneys in Houston for Legal Help

If you or a loved one has been charged with a State Jail Felony, help is here from Leo & Oginni Trial Lawyers. Contact us or give us a call at (713) 280-3204 and we will let you know how we can help!