Liberty County Criminal Defense Attorney
Hull man gets 35 years for meth caseuring an inventory of the vehicle, Mr. Kuykendall’s pants were located. A bag of marijuana as well as a bag of methamphetamine were found in Kuykendall’s pants. The evidence at the trial revealed that the quantity of methamphetamine, which was discovered in Kuykendall’s pants, weighed 3.6 grams.
Kuykendall has previously been prosecuted for the misdemeanor offenses of Possession of Marijuana and Possession of an Illegal Knife in the Liberty County Court at Law and convicted of both offenses.
At the conclusion of the guilt/innocence phase of the trial, the jury retired to deliberate and returned with a unanimous verdict of guilty of Possession of a Controlled Substance: Methamphetamine in an Amount of One Gram or More But Less Than Four Grams.
Since Kuykendall had elected for the trial judge to assess his punishment, the punishment phase of the trial before Judge Hight started shortly after the jury’s verdict of guilty. The indictment against Kuykendall alleged that he had been convicted of five previous felonies. It was proven at the punishment phase of the trial that Kuykendall had been previously convicted and sent to prison for four felony DWI’s and one Burglary of a Building offense. After considering Kuykendall’s extensive criminal history, Judge Hight sentenced Ronald Lee Kuykendall to 35 years in prison for the methamphetamine charge.
35 YEARS divided by 3.5 GRAMS = 10 YEARS PER GRAM!!!!
The United States in involved in a War on Drugs or more correctly described as a war on folks who do drugs and Texas is leading the charge. In the event that you have been charged with possession of drugs or manufacture of a controlled substance, or intent to deliver, there are some points Liberty County Criminal Defense Attorney Andy Nolen thinks you should realize:
1. A drug conviction in Texas will result in the loss of your driver's permit. That will then add more surcharges and reinstatement fees that can run over $1000. You will in addition have to take the Drug Offender Education Program (D.O.E.P.).
This course is for people who have been charged with a misdemeanor or felony drug offense. This course will fulfill the requirement for education because of a suspended driver’s license. The standard program is 15 hours in size taught in three-hour segments.
2. A conviction for drugs can result in your losing eligibility for some specific types of federal financial aid for schooling. Quite a few schools may expel you in the event the drug offense was committed on school premises. So not only can you lose your driver's license, you may also lose your diploma or degree.
3. In the event you have been charged with a drug crime, it is almost a certainty that you will be examined for drugs eventually. That may be while your on bond and even the first time you go to court. Marijuana can keep in your system for up to 7 weeks. Items developed to defeat the system do not necessarily work, so do not count on them. Don’t do drugs of any type while on bond or you risk having to deal with your bond revoked and going to jail. Additionally, you now appear to be an active drug user to the courtroom making your case much more troublesome.
4. Drug residue such as tiny quantities in a water pipe or plastic bag is a felony if it is a controlled drug. Marijuana has to be a usable amount to be a crime.
5. The most commonplace ways drug cases are defeated are either that there was an Illegal Search and Seizure or that there was insufficiency of Affirmative Links involving a defendant and the drugs. Any time the search was bad, the evidence can be suppressed. Affirmative Links arguments are situations like when there are Four people in a automobile and the state cannot prove the drugs belonged to any particular person. Also referred to as, it was the other guy not me.
Liberty County Criminal Defense Attorney Andy Nolen has used both of these strategies to have felony and misdemeanor drug cases dismissed.
6. The State must also demonstrate that the drugs were actually drugs. Requiring that the “drugs” in question were in reality drugs can oftentimes get a case dismissed.
Liberty County Criminal Defense Attorney Andy Nolen not long ago had a felony possession of a controlled substances charge dismissed after requiring the state to analyze the “x pill”. Turned out, it wasn’t ecstasy at all and the case was dismissed. The thrilled client had a very unhappy brother who was also charged with the same thing but got a court appointed lawyer who plead him guilty and he is now on Four years felony probation for nothing! If he violates his probation, they won’t reevaluate the evidence they will revoke him and incarcerate him.
Liberty County Criminal Defense Attorney Andy Nolen has practiced law for 22 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 multiple kilo cocaine case. Please call Attorney Andy Nolen to discuss your case for free at 832-480-8951.
