Showing posts with label Conroe Criminal Lawyers. Show all posts
Showing posts with label Conroe Criminal Lawyers. Show all posts

Saturday, March 28, 2015

Montgomery County Drug Crimes Defense Lawyer Andy Nolen: 6 Things You Should Know

Montgomery County Drug Crimes Defense Lawyer
Montgomery County Drug Crimes Defense Lawyer
The United States in involved in a War on Drugs or more accurately described as a war on people who do drugs and Texas is leading the charge.  If you have been charged with possession of drugs or manufacture of a controlled substance, or intent to deliver, there are 6 things Montgomery County Drug Crimes Defense Lawyer Andy Nolen thinks you should know:

1.  A drug conviction in Texas will result in the loss of your drivers license.  That will then add surcharges and reinstatement fees that can run over $1000.  You will also have to take the Drug Offender Education Program (D.O.E.P.).

This class is for individuals who have been charged with a misdemeanor or felony drug offense. This class will satisfy the requirement for education because of a suspended driver's license. The standardized program is 15 hours in length taught in three-hour segments.

2.  A conviction for drugs can result in your losing eligibility for certain types of federal financial aid for school.  Some schools may expel you if the drug offense was committed on school property.  So not only can you lose your drivers license, you may also lose your diploma.

3.  If you have been charged with a drug crime, it is almost a certainty that you will be tested for drugs at some point.  That may be while your on bond and even the first time you go to court.  Marijuana can stay in your system for up to 6 weeks.   Products designed to beat the system do not work, so don't rely on them.  Don't do drugs of any type while on bond or you risk having your bond revoked and going to jail.  Also, you know appear to be an active drug user to the court making your case more difficult.

4.  Drug residue such as microscopic amounts in a pipe or bag is a felony if it is a controlled substance.  Marijuana must be a usable amount to be a crime.

5.  The most common ways drug cases are beaten are either that there was an Illegal Search and Seizure or that there was lack of Affirmative Links between a defendant and the drugs.  If the search was bad, the evidence can be suppressed.  Affirmative Links arguments are situations like when there are 4 people in a car and the state can't prove the drugs belonged to any particular person.  Also known as, it was the other guy not me.

Montgomery County Drug Crimes Defense Lawyer Andy Nolen has used both of these techniques to have felony and misdemeanor drug cases dismissed.

6.  The State must also prove that the drugs were in fact drugs.  Insisting that the "drugs" in question were in fact drugs can sometimes get a case dismissed. Montgomery County Drug Crimes Defense Lawyer Andy Nolen recently had a felony possession of a controlled substances charge dismissed after requiring the state to test the "x pill".  Turned out, it wasn't ecstasy at all and the case was dismissed.  The happy client had a very unhappy brother who was also charged with the same thing but had a court appointed lawyer who plead him guilty and he is now on 4 years felony probation for nothing!  If he violates his probation, they won't reconsider the evidence they will revoke him and incarcerate him.

Montgomery County Drug Crimes Defense Lawyer Andy Nolen has practiced law for 20 years and has represented over 3000 clients and had hundreds of cases dismissed.  He has successfully helped people with all types of drug cases from possession of drug paraphernalia to multi kilo cocaine case.     Please call Attorney Andy Nolen to discuss your case for free at 832-480-8951

Montgomery County Probation Violation Attorney: 6 Things You Should Know

Facing a Motion to Revoke Probation or a Motion to Adjudicate Guilt is a very serious matter requiring a good Montgomery County Probation Violation Attorney.



USEFUL MONTGOMERY COUNTY PROBATION DEPARTMENT LINKS
 Montgomery County Probation Violation Attorney Andy Nolen

 6 THINGS YOU NEED TO KNOW:

1.  A Motion to Revoke Probation is what is filed when you are on straight or regular probation.

2.  A Motion to Adjudicate Guilt is what is filed when you are on Deferred Adjudication.

3.  These documents are prepared by the probation department and signed by the judge.  These motions list the terms of your probation and the ways in which you violated them.   Once signed, a warrant issues for you arrest.  You may or may not have a bond set at this time.  You may have to first go thru the jail then appear in court to request a bond.

4.  The purpose is for you to appear before the judge so that he or she can make a decision to either, keep you on probation, modify your probation, or revoke your probation.  If revoked, you are subject to being jailed.

5.  Hopefully, an agreement with the prosecutor, probation officer and or judge can be reached whereby you stay on probation.  Alternatively, the judge may make you an offer.  If you decide that you do not like that offer, you can have a hearing and present evidence, witnesses, and explanations to the judge.  Remember, your hearing is before the same judge that made you an offer you didn't like.  Because of that dynamic, you should prepare evidence and witnesses that have not already been presented to the judge in the attempt to change the judges opinion.

6.  When your case began you had the right to a trial by jury who would have faced the burden of beyond a reasonable doubt.  Now, your hearing is before the judge only and the evidence standard is preponderance of evidence.  In other words, its much easier to be revoked than it is to be found guilty at trial.

Montgomery County Probation Violation Attorney Andy Nolen has practiced law in Montgomery County and elsewhere in Texas for 20+ years.  He has fought for over 3000 clients and had hundreds of cases dismissed. Andy Nolen handles Motions to Revoke Probation on a regular basis and has successfully kept many people from going to jail.

Negotiating with the court, preparing clients to testify in court, assembling evidence and fighting your case at a hearing are some of the ways Andy Nolen will help you. Montgomery County Probation Violation Attorney Andy Nolen can access your case online and discuss your particular situation.  Call now for a free consultation at 832-480-8951

Wednesday, March 18, 2015

Assault Charge in Conroe Texas? Montgomery County Domestic Violence Lawyer Andy Nolen Can Help

Montgomery County Domestic Violence Lawyer
Andy Nolen has over 20 Years Experience as a Conroe Assault Attorney and a Montgomery County Domestic Violence Lawyer.  In the course of representing over 3000 clients and having many hundreds of cases dismissed, Attorney Andy Nolen has compiled a list of things you should know about assault and domestic assault cases.

1.  The State (District Attorney) will make a R.I.P. call on your case.  That stands for: restitution, injury, and punishment.  The state is required by their policy to call the victim (complaining witness) and ask about those 3 items.  What they say will have a bearing on the outcome of your case.  In domestic assault cases in particular, the state is looking not only to establish the extent of any injuries, but to establish that an assault did in fact occur.

2.  911 calls.  If 911 was called, the state will likely subpoena those records.  After tempers have cooled, often times the victim of an assault may ask that the case be dismissed.  The state will use the 911 call to determine the seriousness of the situation and the demeanor of the person calling.  Often, whats in the background is crucial.  For instance, if the person charged is screaming, threatening, or breaking things, that evidence can be presented in court.

3.  Medical records.  If the victim of an assault received medical attention, those record can be subpoenaed by the state.  If the charge is 2 men, not family, are fighting, that's one thing.  However, if the victim was a woman or family member, the state will be looking to establish an assault did in fact occur.  Statements by family after the fact that they want the case dismissed will likely fall on deaf ears.

4.  Family Criminal Law Division.  Assault cases involving family may be referred to that division in the District Attorney's Office.  Those prosecutors specialize in domestic violence.  A family member assaulted may be asked to go to that office for an in depth interview.  At that time, they will take a statement, evaluate the situation, and offer advice on domestic assault and community programs that may help.

5.  A first time Assault is a class A misdemeanor carrying up to a $4000 fine and a year in jail.  If the court makes an affirmative finding of domestic violence.  A second assault is a 3rd degree felony carrying up to 10 years in prison and a $10,000 fine.  A domestic assault involving choking is a 3rd degree felony the first time it occurs.

Conroe Assault Attorney and  Montgomery County Domestic Violence Lawyer

These cases are taken very seriously by the District Attorney's Office.  Many people believe they will be treated like a small incident or that once a family member announces they want the case dismissed it's all over.  Those people are wrong.  Montgomery County Domestic Violence LawyerAndy Nolen has represented over 3000 people and had many assault and domestic assault cases dismissed by aggressively collecting evidence, witnesses and statements.  Attorney Andy Nolen has also won cases by setting them for trial and trying them.  If you have been charged with any type of assault case, please call Montgomery County Domestic Violence Lawyer Andy Nolen at 832-480-8951 for a free consultation.

Conroe Assault Attorney and Montgomery County Domestic Violence Lawyer