James R. Makin Law Firm
Felony Case #63185; State of Texas vs. P. Garner
Possession of Controlled Substance.
The client was a passenger in a vehicle, with drugs in the trunk. The client was charged with a Possession of Controlled Substance and was facing from 25 to 99 years or life in prison, as a Habitual Felon. During the jury trial, witness testimony convinced the jury that client had no knowledge of the drugs in the trunk. Client was found NOT GUILTY.

Felony Case #77103; State of Texas vs. P. Chambers
Possession of Controlled Substance.
The client was charged as a repeat offender and was facing a punishment range of 5 to 99 years to life in prison. The case was based on an officer�s observations at night time, in the rain, from a block away. During the investigation, the law office prepared a video of the scene at night, in the rain, from a block away. The defense tape was shown to the jury and was very instrumental in the client being found NOT GUILTY.

FREQUENTLY ASKED QUESTIONS ABOUT DRUG CHARGES

Q.     Can I smoke pot and not get caught on a drug test?
A.     When marijuana is smoked, THC, its active ingredient, is absorbed into the body�s tissues and organs. However, it is primarily found in fat tissue. The body, in its attempt to rid itself of foreign substance, chemically transforms the THC into metabolites. Urine tests can detect metabolites for up to a month after smoking marijuana. Many people have the misconception that consuming large amounts of water prior to taking a urine drug test will camouflage the THC and return a negative result. However, a urine test administered by the National Football League to a Michigan state receiver and top three pick in the draft, was deemed positive due to excessive water in his urine. The NFL deemed the test positive stating the water was a masking agent and therefore, considered a positive result. You never know if smoking pot will cause you to get a positive or a negative result on a drug test. So why chance it?


Q.     A friend gave me a few Vicodins after I hurt my back. Is it illegal to carry them in my purse or pocket?
A.     Yes. It is illegal to possess Vicodin without a prescription, whether you carry it in your purse, pocket, or leave it in your medicine cabinet.


Q.     In drug charges, what determines a misdemeanor drug charge versus felony charges and what penalties do they bring?
A.     All drugs are listed on schedules which determine whether the charge is a Misdemeanor or a Felony based on the drug and/or the amount of the drug.


Q.     What happens when drugs are possessed in a school zone?
A.     The punishment is increased.


Q.     What is the penalty for delivery of a controlled substance?
A.     Depending on the drug and the amount � from six months in county jail to life in prison.

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