Drug Trafficking in Texas

Texas takes its commitment of prosecuting drug traffickers very seriously with a variety of punishments that suit the severity of the crime.

Drug trafficking is also called the illegal drug trade and it’s considered to be a serious offense in Texas if someone is caught doing what comes naturally for drug traffickers. The broad definition of “illegal drug trade” is more than just trafficking. “It pertains to growing, selling and distributing any type of illegal drugs,” explained Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

Note the use of the term “any” when referring to the kinds of drugs that are chargeable under Texas laws. “What this really means is that charges are most often dealing with large amounts of drugs,” indicated Wannamaker. If any of these drugs in question has been muled over the border, the penalties increase, not to mention the fact if there are priors in drug related offenses, the court isn’t going to be very lenient if there is a conviction.

Texas is riding herd on drug traffickers and there is one thing we should never forget – people’s rights under the U.S. Constitution. “I’m a criminal defense attorney because I am passionate about people having their rights and freedoms protected,” said Wannamaker.

“Just because someone is charged with a drug offense doesn’t always mean they are guilty. We need to remember the basic foundation of criminal law – Innocent until proven guilty,” said Wannamaker, of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

Drug Use & Abuse On The Rise

It doesn’t take a rocket scientist to see that drug use and abuse is on the rise in the U.S. Drug-related crimes are on the increase and the U.S. Congress responded by enacting laws to make more drug-related activities chargeable crimes.

“I’m honestly not sure if making more things that are drug-related into criminal acts is the best way to solve the drug problem, as usually it is linked to personal issues, not the drug itself. In other words, addict’s problems generally started before taking drugs, and then get worse after starting drugs,” opined Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

The drug doesn’t cause the addiction, the personality who takes drugs is already pre-disposed to having addictive behaviors and if it wasn’t drugs, it may be alcohol, gambling, sex or work addictions. In addition, making more laws means more police, more enforcement, more chances for the miscarriage of justice and even greater opportunities for the abuse of human rights under the Constitution.

Think about this as well. “Where will the money for more law enforcement come from when the nation’s deficit is staggering and we’re currently in a nasty recession?” questioned Wannamaker. While it’s a nice gesture to make people think that more aggressive laws and more police on the streets will address the drug problem, the fact is the drug problem has been with us for years. “We’re only seeing more of it thanks to the drastic downturn in the economy,” Wannamaker pointed out.

These days what is illegal and how strict the penalties are for being caught vary from state to state. “It’s a given that things like marijuana, ecstasy and LSD are illegal, but so is taking prescription drugs without a prescription,” added Wannamaker. Yes, there’s a booming business through drug traffickers for prescription drugs, including some highly recognizable painkillers such as Oxycontin, Codeine and Dilaudid.

It’s not just using the drug that is illegal; even possessing certain drugs is considered to be a criminal offence. “Then there is also the offense of trafficking as well,” said Wannamaker. In all of this rush to codify having drugs, using drugs, selling drugs and importing drugs, an important factor usually gets overlooked, either through carelessness or intentionally. “That factor is the right of the person charged to be regarded as innocent until proven guilty,” insisted Wannamaker who knows this fact all too well since he is a board certified criminal defense lawyer.

“We cannot, as a nation, override people’s constitutional rights and assume they are automatically guilty of a crime if they had some “weed” or whatever in their possession. Things are not always what they appear to be, and that is why we have criminal defense attorneys – to defend people’s inalienable rights,” said Wannamaker.

Criminals Who Manufacture Drugs Are Entitled to Defense

There are times in a person’s life when the call of millions of dollars is far too strong to resist. Those who choose to manufacture drugs to obtain those millions are still entitled to the finest criminal defense possible.

Apparently, the problem of drug manufacturing is reaching an all time high in the U.S. and is causing untold social problems including mental, emotional and financial hardships for families caught in the tangled web of addiction. It has apparently gotten the U.S. government so concerned that there are rumors they will find a way to increase the number of law enforcement officers on the streets to fight this crime.

While there may be some people who indulge in drug manufacturing and don’t think twice about the consequences of what they are doing, this does not mean that if an investigation is conducted, the right people are actually charged. “It might also mean the investigation was not done in accordance with people’s rights and freedoms under the U.S. Constitution,” stated Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

“Above all else, the basic right for anyone charged with a criminal offense is the right to be considered innocent until proven guilty. We need to remember this when the police go on drug manufacturing raids and come up with people who may not have known what was going on,” added Wannamaker. In criminal law, things are rarely as they appear and nowhere is it more evident than in the case of drug manufacturing, etc.

While a drug raid may produce evidence of a home-built lab on the premises, it does not necessarily mean the owner of the home is the culprit; it may not be what it appears to be on first glance either. There are too many things that can go wrong when police officers are let loose on the streets to hunt down drug manufacturers.

“Not the least of which is illegally monitoring a person’s power consumption on the premise that they may be running a grow house,” stated Wannamaker, who knows what he’s talking about after having successfully defended such a case. No one is saying there isn’t a drug problem or that drug manufacturing isn’t reaching an all time high.

“What we’re saying (criminal defense attorneys) is that the government needs to proceed with caution and respect the rights of all individuals involved in this process. It is not constitutional to automatically assume someone is guilty and then try and build a case against them later to fit the facts,” said Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

To learn more, visit http://www.wannamakerlaw.com.

Adviatech Corp. PR for Wannamaker & Associates
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017

Know What Makes a Good Criminal Attorney

Knowing what to look for in a competent criminal defense lawyer may come in handy in case something goes drastically wrong. Life has a way of throwing curves when they are least expected.

No one really wants to be in a situation where they need a good criminal lawyer, but there are times when things appear to be inevitable and take on a life of their own. Knowing what attributes a first class criminal defense attorney should have is crucial in instances like this.

“A top notch criminal lawyer doesn’t know the meaning of the word quit. They are in the long haul to win. It’s as simple as that,” stated Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas. The lawyer will dig into everything they can lay their hands on; review files until they are dog-eared; and hunt for new information no one else has been able to find. If the criminal defense attorney gets any sleep during a criminal case, it would be mostly of the catnap variety.

First-rate criminal attorneys have a well-known reputation in their community and are well-respected for their accomplishments. Virtually everyone will know their name and what they are capable of doing. “In other words, a good board certified criminal defense attorney’s reputation for winning will precede them,” according to Wannamaker.

Along with a reputation for being a tenacious bulldog, the top criminal defense attorney in the community will have the experience to back them up. This occupation isn’t for sissies and many outstanding criminal lawyers have spent thousands of hours in the trenches, racking up case victories.

It’s those thousands of hours that will benefit a person charged with a criminal offense. “In some instances, it helps if the lawyer has experience in the particular area where a criminal charge has been laid, but it isn’t always essential,” outlined Wannamaker. The point is that no matter what the charges are, if the lawyer has a solid background defending people in criminal cases, this is the person to call when a criminal charge has been laid, or is about to be laid.

To learn more, visit http://www.wannamakerlaw.com.

Adviatech Corp. PR for Wannamaker & Associates
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017

Criminal and Civil Law Cases Are Different

Not a lot of people truly appreciate the differences between a civil and a criminal case. This is largely due to the fact that most of the cases making the media, or are portrayed on TV, are criminal cases.

Very few civil cases, with the possible exception of some of the big headliners recently, garner much interest simply because they are not as juicy as a criminal case. Big criminal cases often have a following of “groupies” that will show up in droves at a courtroom so they may watch the drama unfold.

While you might think the cases aren’t that different, in actuality, they are quite diverse. Verdicts and rulings are areas in which you will see a significant difference. Defendants in criminal trials have a lot of things at stake, not the least of which may be their freedom. Criminal trials may also result in some serious types of punishment.

With crimes there are two categories, the felonies (with severe punishments) and the misdemeanors (less severe punishments.) For instance, first-degree murder may receive life without parole or death, depending on which state the crime was committed, etc. On the other hand, generally speaking, misdemeanor charges may result in fines, probation, community service, and/or jail time, etc.

In civil cases, the question isn’t so much culpability, but liability. These cases deal mostly with issues involving personal injury, contract disputes, real estate squabbles, and divorces. The plaintiff sues the defendant to complain of a wrong that was done to them.

In a civil case, the plaintiff is responsible to build a case to show a civil wrong. Getting a verdict in a civil case doesn’t require meeting the same high standards as criminal cases. In civil cases, all the plaintiff has to do is convince the jury it was reasonably possible the defendant was responsible for the complaint. The burden then shifts to the defendant to prove they are innocent.

This is just the tip of the iceberg when it comes to the differences between civil and criminal proceedings, but if you wish to know more, feel free to research it online.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more, visit http://www.wannamakerlaw.com.

Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer.

Mail Theft, the Number One White Collar Crime

You might not know this, but when you find out the reasons for mail theft being about the number one white-collar crime, you’ll understand why. One in three cases of identity theft happens when mail is stolen.

You’d think with all the postal security in place in the U.S., there would not be any way someone could just coolly walk off with all sorts of mail containing people’s personal information. Security aside, it is rather difficult to track and keep over 668 million pieces of mail daily. Yes, daily. That is a lot of mail sent from one end of the country to the other and back again. Honestly, most of it does get to where it is supposed to go, but unfortunately some of it is lost prior to delivery.

Just last year it appears the mail theft business was a busy one, as U.S. Postal Inspectors managed to arrest over 6,000 suspects. Many of these suspects were accused of pilfering mail right off the postal trucks, out of collection boxes, right out of apartment mailbox panels, neighborhood delivery/collection boxes, etc.

Theft of U.S. mail happens in a blink of an eye and in a manner which most people would not pay attention. For instance, it only takes a split second to briskly walk up someone’s driveway, open the mailbox, swipe the mail and leave, with a handful of things like credit card statements, utility bills, loan applications and bank statements. There goes your identity.

What do you do to put a stop to this white-collar crime? Well, step number one is putting a lock on your mailbox; a total pain, but worth it if it prevents someone from stealing your identity and messing up your credit history. Make sure the lock box is sturdy and designed to prevent theft, otherwise a patient thief will only take a few seconds to get it open.

While it may sound hilarious and border a bit on the ridiculous, your mailbox is now almost as important as Fort Knox, with about the same level of protection in the newer boxes. They’re now being made in solid weatherproof material, are welded together instead of using pop rivets, and are tamper and wrench proof. Now that’s a mailbox. Short of the thief taking the whole mailbox (and it has happened) your mail should be relatively secure in one of these newer security conscious models.

Step number two is to take all outgoing mail to a postal drop box yourself. Don’t leave it in the mailbox for the postman to pick up. These are small things that may make a huge difference in whether or not you have your mail pinched, a theft you would rather not happen, as it takes approximately 44 months to recover from having your identity stolen.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more, visit http://www.wannamakerlaw.com.

Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer.

The Embezzlement Puzzle

The other word for embezzlement is stealing, plain and simple. Embezzlement is committed by a person or persons who decides to take off with property or money entrusted to them by others. For a good example, think Enron.

Embezzlement is classified as a white-collar crime, and its scope can range from someone who funnels cash off at a cash register to corporate executives dipping into the company cookie jar when they aren’t supposed to. No matter what the amount of money involved is – say dollars over the time span of a year or millions over a shorter period of time, stealing other people’s money is still a crime.

Nonetheless, the circumstances of the situation may merit more than just the ‘off the top of one’s head’ thought that the person is guilty. “They may not be, and this is precisely why a good criminal defense attorney needs to be consulted if embezzlement charges are about to be laid, or are laid,” commented Daniel H. Wannamaker of Wannamaker Law, in Austin, Texas.

There are two traits that identify this kind of theft as embezzlement – it is not trespassory in nature and a conversion has to happen. It’s not considered to be trespassory if the money or property in question was willingly given to a person to legally take care of it and then that person stole it to use for personal gain.

The conversion part of this equation means the property has been interfered with in some manner, a factor measured by the owner, not the alleged offender. “This means conversion is defined as a loss to the property owner,” added Wannamaker.

Another aspect of embezzlement is that it frequency gets mixed up with larceny, which is also theft. Larceny however is a crime where the criminal seizes control of some property that isn’t his/hers and moves it from where it used to be located. This could refer to physical or intangible things. “In other words, larceny is considered to be trespassory, whereas embezzlement is not,” concluded Wannamaker.

When faced with charges of embezzlement, put in a call to a board certified criminal defense attorney such as Daniel H. Wannamaker of Wannamaker Law in Austin, Texas. His counsel could mean the difference between time in jail and time to enjoy life as a free person.

To learn more, visit http://www.wannamakerlaw.com.

Adviatech Corp. PR for Wannamaker & Associates
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017

Once Is Never Enough

Drinking and driving is not a smart thing to do, however many people make that choice. And, doing it one more time might be the ticket to the clinker if you don’t have a thoroughly competent criminal defense lawyer.

“It’s when these people get caught and realize they face some rather serious consequences that they call me,” said Daniel H. Wannamaker of Wannamaker Law, in Austin, Texas. Repeat offenders in Texas, as in those with two convictions, are facing misdemeanors.

“In these cases, I’d prefer the person charged was only seen and not heard. My advice is not say a word to anyone but me,” commented Wannamaker.

It’s good advice too and those that have chosen not to take it find out the hard way - what they said to the police at the scene has a way of coming back and haunting them. “Everything said to a police officer is taken down or recorded for use later,” explained Wannamaker.

“Don’t take the roadside sobriety tests. You don’t have to and if you call me and I get there soon enough, I may be able to have the charges thrown out on a technicality and save your license,” indicated Wannamaker. While this is one option, Wannamaker may be also be able to negotiate a lesser sentence later if the case goes to court.

Conviction means you get assessed for drug or alcohol. If the person does have an addiction problem the judge may offer an either/or scenario – either rehab or jail.

“Three DWI convictions or more is a felony offense, so it makes sense to some people that rehab is the more attractive option,” said Wannamaker. Whether someone is faced with one charge or is on their second or third, this is the time to make a smart move and call a board certified criminal defense attorney, such as Daniel H. Wannamaker of Wannamaker Law in Austin, Texas.

Toking Can Get You Into a Mess

While having a few tokes now and then and maybe growing a bit of weed in the garden amongst the tomatoes is “cool man,” be aware this may dog you for the rest of your life.

“Drug offenses, even small ones, have a habit of hanging around for years, if not permanently,” said Daniel H. Wannamaker of Wannamaker Law in Austin, Texas. “I see this kind of thing happening all the time, a simple possession charge spiraling out of control,” added Wannamaker.

Wannamaker has an extensive record as a board certified criminal defense lawyer and handles a lot of drug offenses. “Don’t assume that just because it is a “dinky” amount of weed or whatever drug you’ve been busted for, that the consequences aren’t worth getting excited about,” explained Wannamaker. Wannamaker’s role in defending drug offenses is to mitigate the charges, get them thrown out, mitigate the penalties, or get the case thrown out of court.

“Employers, are less tolerant these days of others who have a criminal record, even a minor one,” indicated Wannamaker. “If you think this is a bit far fetched, employers avoiding those with criminal backgrounds, then ask this question – if it’s not a big deal, then why are more and more employers running background checks on potential new employees?” he said.

They cannot risk hiring someone who has a record to represent their company. “This kind of a situation is negligent hiring and it can have serious consequences later,” added Wannamaker.

Quality and top-notch is what you need to look for when hiring a criminal defense lawyer. Both these words are more than applicable to Wannamaker.

Wire Fraud in White Collar Crime

Without a doubt one of the most used pieces of legislation in the prosecution of white-collar crime is the Federal Wire Fraud Statute. That and the Mail Fraud Statute make nice dance partners for court.

When all is said and done, the section of the statute in question used more often than not, is section 1343 which states in its paraphrased glory “whoever plans on ripping someone off for money or property by means of sneaky pretenses and sends anything relating to those sneaky pretenses by wire, radio or TV to rip someone off shall be fined not more than $1,000,000 or imprisoned not more than 30 years or both.”

Not to put too fine a point on it, this is a pretty wide-open statute that gets a lot of use, as it offers prosecutors wide leeway in “massaging” charges that they may lay.

The use, and dare we say overuse, of statutes like this gives criminal defense attorneys a lot of grief. They are beginning to mount a solid defense for the person charged with either wire or mail fraud when the issue might not even have anything to do with either charge. “It can be a mixed bag when someone is charged with one or both of these offenses,” says Daniel H. Wannamaker of Wannamaker Law in Austin, Texas.

These cases are fairly complex and come, in some instances, perilously close to being ‘kitchen sink’ prosecutions to make a point, or catch a lot of smaller fish. Defense attorneys take a rather dim view of how often this charge seems to be used when the prosecution can’t seem to find something better to make a case.

The wire and mail fraud statutes are fairly similar and both are used together as a one two punch in federal indictments. They are often combined like this since both have some identical elements in common. To get a conviction, the prosecution has to show the act the defendant is charged with was done in the furtherance of a scheme to rip someone off.

Anyone charged with either offense is entitled to an aggressive defense of the charges. This is why if a person is faced with charges under one of these statues, immediately contact a board certified criminal defense attorney such as Daniel H. Wannamaker of Wannamaker Law in Austin, Texas.

To learn more, visit http://www.wannamakerlaw.com.

Adviatech Corp. PR for Wannamaker & Associates
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017