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When Texas residents suffer from a medical condition, they may be prescribed a medication to help them cope with their symptoms. While some prescription drugs are only beneficial to those patients who receive them for their medical needs, other prescriptions can be desirable to others who do not have prescriptions for them. For example, painkillers and hydrocodone-based medications are sometimes distributed illegally and are purchased by individuals who want them.

Because these drugs can be addicting and can cause harm in individuals, they can be considered controlled substances. Individuals with specific questions about which prescription drugs are controlled by state and federal law may wish to speak with criminal defense attorneys.

Selling or distributing a controlled substance without a valid prescription can form the basis of a drug crime. While doctors and pharmacies are permitted to hand these drugs out without penalty to specific individuals who are deemed in need of them, others who sell them and acquire them through illegal channels can be criminally penalized for their alleged wrongdoing.

The “plain view doctrine” comes into play when a Texas law enforcement official makes a warrantless traffic stop on a motorist. While a warrant may give the law enforcement official some rights to search the person and property of the stopped individual, in most cases police and other officials make traffic stops based on real time perceived violations of the law.

When the law enforcement official approaches the stopped vehicle they are allowed to look at and make observations of the vehicle and driver. The stopping official may look into the vehicle and if during that time they see something illegal they may seize it as evidence of a crime against the driver. For example, if a driver was subjected to a traffic stop for suspected impaired driving and the officer saw drugs on the front seat of the car next to the driver, that officer could seize the drugs as they were found in plain view.

Additionally, and based on the law enforcement official’s plain view discovery of the drugs, that official could extend their search of the driver and their property since, based on their plain view find, they would have probable cause of drugs in the possession of the driver. The police officer may examine the compartments of the vehicle, the pockets of the driver and other locations to seek out more evidence of drugs.

In recent years a movement has begun to decriminalize marijuana and to recognize it as a legitimate medical treatment for certain health conditions. Although some states throughout the nation have taken steps to lessen the punishments for specific marijuana-related crimes, Texas has not and imposes serious penalties on individuals who are found guilty of possessing, selling and trafficking in the substance. This post will discuss some of the punishments that can attach to marijuana convictions in Texas, but as with all of the posts offered on this blog, readers are reminded that its contents offer no legal advice.

Possessing of marijuana in Texas is a crime. If a person is found to have under four ounces of the substance in their possession, then they may be charged with a misdemeanor. If the amount of marijuana in their possession exceeds four ounces, then they can be charged with a felony. Penalties for felony marijuana charges include, but are not limited to, imprisonment and fines of thousands of dollars.

Selling marijuana in Texas can yield even more serious punishments. While selling less than a quarter of an ounce may result in a person facing a Class A misdemeanor, any amount greater than that is considered a felony offense under the law. The sale of marijuana in a drug free zone, such as at a school, can lead to the alleged criminal having the penalties doubled.

Issues surrounding Texas family law, particularly child custody and visitation can be highly contentious. There may be various adults in the child’s life who are concerned for the wellbeing of the child and have an interest in seeking custody or visitation. These adults may be parents, guardians, grandparents or other relatives. The laws surrounding child custody and visitation vary widely from state to state and will be applied differently, depending on who it is that is seeking to obtain custody or visitation rights.

For instance, where a grandparent is seeking custody or visitation, there are certain considerations and conditions that may be required. Conditions for custody differ from those for visitation. A grandparent may petition a court for either custody or visitation but should be familiar with the conditions for each, as well as the laws of their state.

One common thing that the courts in all jurisdictions must consider is the best interest of the child. Some of the common factors in determining the best interests of the child include, the needs of the child such as physical and emotional health, safety and welfare of the child. The court will also consider the capability of the grandparents to meet these needs of the child. Additionally, the court may consider the wishes of the parents, the child and the grandparents, as well as the relationship between the grandparents and the child. Evidence of abuse, neglect, and substance abuse are also factors the court may consider.

One of the most common types of bicycling accidents, called a “dooring accident,” happens when a motorist or passenger opens the door of a parked car into the path of an oncoming cyclist. For obvious reasons, this situation is a recipe for disaster for the bicyclist. In fact, many bicyclists have died or suffered catastrophic and permanent injuries because a motorist or passenger negligently opened a car door into a cyclist.

The dangers of dooring accidents were not lost on the Dutch, who have been fond of bicycling — and bicycle-friendly laws and practices — for many years. In response to this problem, the Dutch created a special practice to keep bicyclists out of harm’s way. It’s called the “Dutch Reach.” As long as Americans remember to use this helpful practice, it could save countless lives and prevent numerous accidents every year.

A few tips that will help you and your family to remember the Dutch Reach

The opioid epidemic and the prevalence of drug use and abuse of prescription drugs are constant topics covered by the media today. Texas law enforcement, politicians and local and national leaders work to address these issues and growing concerns over drug abuse in this nation. With the rise of opioid addiction and misuse of prescription medications, coupled with the increased attention that these problems are receiving, we naturally see many more drug offenses being prosecuted in our criminal courts.

There are a variety of drug related offenses that a person can be charged with. Possession offenses fall on the lower end of the spectrum, with distribution and trafficking offenses being more serious crimes with more serious penalties. Nevertheless, possession charges are still serious and a conviction can carry some significant penalties.

Federal and state laws make it a crime to knowingly and willfully possess illegal controlled substances, such as cocaine, LSD, methamphetamines, heroin and many other substances that can be found the list of scheduled controlled substances. The specifics of what constitutes unlawful possession may vary state to state and can depend on other factors, such as the amount possessed and the type of drug.

Law enforcement in Texas is constantly on the lookout for drivers who might show signs of operating their vehicles under the influence. If there is an accident, they will be even more vigilant in considering the possibility that drunk driving charges are necessary. When there is an arrest for DWI, it is critical for the driver to understand his or her rights. A conviction can result in major problems in the future and having a lawyer to plan for a defense is essential.

A 26-year-old man was arrested after he was allegedly drunk when he hit three teenage males with his truck. The accident happened in the evening. According to the investigation, the three teens were trying to remove a disabled vehicle from the road. They are ages 15, 18 and 19. The 15-year-old and the 19-year-old were pushing the vehicle, and the 18-year-old was steering it. The driver of the truck hit them as they moved their vehicle. The 15-year-old was seriously injured and was said to be in critical condition with injuries that are life-threatening. The other teens were not seriously hurt. The driver of the truck was arrested for intoxication assault. He reportedly was arrested previously for DWI in 2011 and 2013.

When a person is charged with DWI in Texas, there are severe penalties, if there is a conviction. If there have been past convictions, the penalties will grow progressively worse. The driver can face a license suspension, jail, fines and other penalties.

Writing up an official Texas will is something that, understandably, not many people want think about or take the time to do. One probably thought about it before and said, “I’ll get around to it,” “I don’t need to do that right now” or something along those lines. So, does one really need to take the time to draft a will?

Whether or not to have a will is ultimately a personal choice. However, there are some very important reasons to consider taking the time to have an attorney help one prepare an official will. If they die without a will, they may not have much say or control over what happens to personal property and assets.

When one dies without a will, it is referred to as dying “intestate.” That means that the intestacy laws of the State will step in to determine how property should be distributed. One’s property could include bank accounts, investments, real estate and other personal property assets that one owned.

A lot of different problems and complications can happen during pregnancy and the delivery of a child. In some cases, these complications lead to permanent injuries and costly disabilities that the child and his or her parents must endure.

Two of the most common birth injuries that children may suffer from include Erb’s palsy and shoulder dystocia. In both cases, these may result in lifelong injuries due to the tearing of nerves during childbirth.

What is Erb’s palsy?

Texans and many around the country may have heard about someone with a drunk driving offense being ordered to have an ignition interlock device in their motor vehicle. If one is charged with drunk driving, they may be wondering what exactly is an ignition interlock device and who has to have one?

An ignition interlock device is an instrument that is essentially the same as a breathalyzer machine and can be installed in a motor vehicle. The device is designed to prevent someone who has consumed alcohol from operating a vehicle.

The ignition interlock measures the driver’s blood alcohol content and disables the vehicle’s ignition if the driver’s blood alcohol level measures over a certain amount. The device then initiates a lockout period after a failed test. The lock-out period will generally get longer with each failed test.

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