El Paso Criminal Attorneys Since 1989

El Paso Drug Possession Attorney

As a drug lawyer in El Paso, I'm deeply aware of the severe consequences that come with controlled substance charges in El Paso County and Texas—one of the toughest states on drug penalties. If you find yourself facing any drug-related charges in the El Paso Metropolitan, it's crucial to consult with a El Paso drug lawyer immediately. These drug charges often range from Possession of Controlled Substances to Delivery/Manufacturing of Controlled Substances, and our seasoned criminal defense team is committed to aggressively defending you to secure a positive outcome.

Understanding Drug Classifications and Offenses in El Paso

In Texas, drugs are categorized into distinct classifications, with penalties intensifying for substances considered more dangerous or likely to be abused. This includes hallucinogens like psilocybin mushrooms and LSD, stimulants such as cocaine and Adderall, depressants including Valium and opioids, and narcotics, which mainly comprise opioid drugs for both prescription and recreational use.

Drug offenses encompass possession, manufacturing, or delivery of a controlled substance. Under Texas Penal Code Section 1.07, possession implies having custody and control over an illegal drug. Manufacturing involves the extraction and production of a substance, whereas delivery refers to distributing a controlled substance to another person.

For detailed information, Texas Penal Code §1.07 is a valuable resource.

Navigating Different Drug Penalty Groups in El Paso County,

For further details, refer to Texas Health & Safety Code §481.102 – §481.105.

The Severity of Controlled Substance Penalties in El Paso County,

• Class A Misdemeanor (Less than 1 Gram): Possession of a small amount of a Group 1 substance could lead to a year in jail and a $4,000 fine.
• State Jail Felony (1-4 Grams): This can result in up to two years in prison and a $10,000 fine.
• Third-Degree Felony (4-200 Grams): Possession of larger amounts may lead to ten years in prison and a $10,000 fine.
• Hybrid Felony (200-400 Grams & Over 400 Grams): These offenses carry severe penalties, including life imprisonment and fines up to $250,000.

Addressing Charges for Other Drug Groups in El Paso County,

• Penalty Group 2: Includes substances like ecstasy and certain prescriptions, with penalties ranging up to enhanced first-degree felonies.
• Groups 3 and 4: These cover a wide range of controlled substances, with potential penalties varying significantly based on the quantity possessed.

All drug convictions in El Paso result in a driver's license suspension, emphasizing the need for an experienced drug crimes lawyer in El Paso.

Marijuana Charges in El Paso

Marijuana possession, even in small amounts, is prosecutable, with penalties escalating with the quantity possessed. This underscores the critical nature of consulting a El Paso drug lawyer if faced with such charges in El Paso County.

Vaping THC in El Paso is a felony offense, regardless of the user's age or the quantity of THC involved

As a El Paso criminal defense lawyer, I must emphasize the gravity of THC vaping offenses in El Paso County, Texas. The state's legal framework, specifically under the Texas Health and Safety Code 481.103, deems the act of vaping THC a felony offense, irrespective of the individual's age or the quantity involved. THC, when derived from sources other than the marijuana plant, falls under the Penalty Group 2 classification, making possession of any amount a felony charge. The legal consequences for THC-related offenses in El Paso County are severe and vary according to the amount possessed:

1. Possession of less than one gram is classified as a state jail felony, with penalties including 6 months to 2 years in a state jail facility and up to a $10,000 fine.
2. For 1 to 4 grams, the offense escalates to a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine.
3. Holding 4 to 400 grams constitutes a second-degree felony, carrying a sentence of 2 to 20 years in prison and up to a $10,000 fine.
4. Possession of 400 grams or more is a first-degree felony, with the most severe punishment ranging from 5 to 99 years in prison and up to a $50,000 fine.

The ramifications of a THC possession conviction in El Paso County are indeed severe. However, for minors under 17 years, the legal system tends towards rehabilitation over harsh punishment, offering alternative sanctions such as drug counseling, juvenile diversion programs, probation, residential treatment, or commitment to the Texas Juvenile Justice Department (TJJD).

If you're facing charges related to THC vaping in El Paso, particularly minors, securing representation from an experienced El Paso criminal defense lawyer is crucial. Call 915-777-7777 and talk to a El Paso criminal lawyer who handles THC vaping charges in El Paso County.

Is Edibles in El Paso illegal?

As a El Paso criminal defense attorney, it's important to be aware of how Texas law approaches the determination of drug weights in cases involving controlled substances in El Paso County. Specifically, the law includes the weight of any adulterants or diluents in the total weight calculation. Consequently, when dealing with cases involving edibles derived from marijuana, the entire weight of the edible product is considered, not just the actual weight of the marijuana buds utilized in its creation. This legal approach can significantly increase the charges one might face, as the possession will be categorized under possession of a substance containing THC rather than simple possession of marijuana. This distinction is crucial for understanding the potential legal ramifications and strategizing an effective defense in El Paso County, Texas.

Putting Cannabis into Edibles in El Paso County

In El Paso County, Texas, incorporating cannabis into edibles, such as brownies, elevates the legal implications significantly. Under Texas law, when marijuana is infused into food items, the entire weight of the edible, not just the cannabis content, is considered in determining the severity of the charge. This approach can drastically increase the potential penalties, as the legal system treats the possession of marijuana-infused products in El Paso County with considerable severity.

The charges for possession of cannabis-infused edibles in El Paso County are determined based on the total weight of the product, leading to potential felony charges even for relatively small amounts of cannabis when included in a food item. The categorization of these offenses and their corresponding penalties are as follows:

1. Possession of less than one gram can result in a state jail felony, punishable by 6 months to 2 years in a state jail and a fine of up to $10,000.
2. Between one and four grams elevates the offense to a third-degree felony, with potential imprisonment of 2 to 10 years and a fine of up to $10,000.
3. For four to 400 grams, the charge becomes a second-degree felony, carrying a sentence of 2 to 20 years in prison and a fine of up to $10,000.
4. Possessing more than 400 grams of a cannabis-infused product is a first-degree felony, punishable by 5 to 99 years in prison and a fine of up to $50,000.

Given the strict penalties for possession of marijuana-infused edibles in El Paso, it's crucial for individuals facing such charges to call 915-777-7777 for a free consultation with an experienced El Paso criminal attorney at Dunham & Jones. Our experienced criminal defense team can provide a defense strategy tailored to the specifics of your case.

Is Dabbing Illegal in El Paso County?

Yes, dabbing is illegal in El Paso and El Paso County, Texas. Having any marijuana extract or concentrate that has more than 0.3% THC is against the law and considered a felony in El Paso County, Texas.

What is dabbing? Dabbing, means using a very strong form of marijuana, known as "cannabis concentrates," typically with a device like an e-cigarette, vaporizer pen, or a special setup called a dab rig. Dabbing heats the marijuana concentrate quickly until it vaporizes, and then it's inhaled. To do a dab, someone takes a small amount of a sticky substance like hash oil or wax, puts it on a specially heated surface, and then inhales the vapor. This heating surface is often called a nail, and it can be made of materials like ceramic or titanium. A dab rig, dab pen, weed pen, or wax pen is the name for the whole setup used in dabbing.

Why you need a El Paso Drug Lawyer

Facing drug charges in El Paso is daunting due to the harsh penalties at stake. Our aim is not just to fend off jail time and convictions, but to position you for potentially clearing your record later on. Prompt action is vital in crafting a robust defense strategy and improving the odds of a favorable outcome. Reach out now for a free consultation and let us help navigate the complexities of Texas drug laws together.

Theft Crimes Lawyer in El Paso

As a El Paso criminal defense lawyer handling theft crimes in El Paso County, I want to simplify and clarify what it means to be involved in a theft incident under Texas law in El Paso County. Theft is essentially taking property that isn't yours without permission, whether you do it sneakily or by outright taking it. Interestingly, you don't need to keep what you've taken for it to count as theft; merely holding onto it long enough to lessen its value to the owner is enough. Even if you return something only to get a reward, that's still theft in El Paso County, Texas.

Theft laws in Texas cover a wide array of actions, from writing a check that bounces to shoplifting and even buying items you know are stolen. The consequences for theft in El Paso vary greatly, depending on how valuable the stolen item was, and can range from a small fine to serious prison time. The El Paso County Criminal Attorneys Office and the El Paso County District Attorneys Office takes theft crimes very serious.

In jurisdictions like El Paso County, the District Attorney and County Attorney are dedicated to prosecuting theft crimes. Their dedication underlines the importance of understanding the legal implications of a conviction of theft and the necessity of hiring an experienced criminal defense attorney in El Paso to fight your theft charges in El Paso County. A theft conviction can seriously disrupt your life, making it hard to find a job among other challenges. This is why it's crucial to have a skilled El Paso criminal lawyer by your side. An experienced criminal defense lawyer in El Paso can make the biggest difference in the outcome of your theft case in El Paso County.

Misdemeanor Theft in El Paso County, TX
Please be aware that the El Paso County Criminal Attorney's Office actively prosecutes Class B Misdemeanor Theft offenses. They are not inclined to dismiss theft charges and will pursue prosecution. A conviction for a Class B Misdemeanor Theft can lead to significant life-altering consequences, affecting opportunities for new employment, housing applications, and credit approval.

Felony Theft in El Paso County, TX
A felony theft conviction in El Paso County can indeed have far-reaching effects beyond immediate legal consequences (such as fines, probation, or incarceration). It can severely impact your ability to secure employment, as many employers conduct background checks and may be hesitant to hire someone with a criminal record, especially for theft. Similarly, housing applications often include background checks, and a theft conviction can make it difficult to find housing, as landlords may view an applicant with such a record as a potential risk. Additionally, financial institutions might consider a theft conviction when assessing creditworthiness, potentially affecting credit approval and the terms of credit extended.

Common types of theft in El Paso County include shoplifting, writing bad checks, purchasing or receiving stolen goods, and general theft, which is taking anything that isn't yours without permission. There's also theft of services, like dining and dashing or skipping out on a hotel bill.

The penalties for theft are based on the value of what was taken and can be quite severe for higher-value items.

Penalties for Theft in El Paso, Texas include:

• For theft under $100: It's considered a Class C misdemeanor, potentially leading to a fine up to $500.
• Between $100 and $750: This is a Class B misdemeanor, with possible jail time up to 180 days and/or up to a $2,000 fine.
• $750 to $2,500: You're looking at a Class A misdemeanor, with up to 1 year in jail and/or a $4,000 fine.
• $2,500 to $30,000: This range escalates to a third-degree felony, potentially resulting in 180 days to 2 years in state jail and/or up to a $10,000 fine.
• Higher amounts escalate further in severity, with the most severe being over $300,000, classified as a first-degree felony, which could mean 5 to 99 years in prison and/or a fine up to $10,000.

Enhancements to penalties can occur for various reasons, such as prior convictions, stealing firearms, or involvement in organized theft.

If convicted of a theft crime in El Paso County, you might also face civil penalties, including paying back the victim or even facing lawsuits for damages.

Given the complexity and the potentially severe consequences of theft charges in El Paso, it's imperative to get in touch with our El Paso law firm immediately. We're here to build a strong defense for you and help you fight your theft charge in city], aiming for the best possible outcome.

Have you been charged with Unlawfully Carrying a Weapon in El Paso?

As a El Paso Criminal Defense Lawyer, I want to explain that Texas, including El Paso, strongly supports the right to bear arms. However, there are strict rules about when, where, and how you can carry your weapon. Violating these rules, especially by carrying a gun into places like bars, airports, or schools, can lead to serious consequences including fines, jail time, and possibly losing your firearm license.

If you're facing charges for Unlawfully Carrying a Weapon (UCW) in El Paso County, our Award Winning Criminal Defense Team at Dunham & Jones is here to help you. Call us today at 915-777-7777 for a free case review, where we'll discuss your UCW charges in El Paso County and explore all your legal options.

Easiest way to get charged with UCW in El Paso

One of the most common ways to get charged with Unlawfully Carrying a Weapon in El Paso is to get stopped for a DWI or be found with a simple possession of marijuana. While the El Paso Police Department or El Paso County Sheriffs Department are investigating the DWI stop or the possession of marijuana, any weapon they discover will result in you being charged with UCW even if you have a right to carry the weapon.

Did you know that in 2021, Texas law changed with House Bill 1927, allowing Texans over 21 to carry handguns without a permit, except for those with certain restrictions. Yet, this law doesn't apply to everyone, and there are still rules against carrying weapons in specific situations or if you're involved in criminal activity.

In El Paso County, Unlawful Carrying of a Weapon charges can arise for various reasons, such as carrying a handgun under the age of 21, having certain prior convictions, or carrying in prohibited places. The penalties can be severe, ranging from fines to prison time, depending on the specifics of the offense.

A conviction of Unlawful Carrying of a Weapon in El Paso County can also impact your life significantly, making it harder to find housing, secure loans, gain employment, maintain professional licenses, or even retain custody of your children. Your right to carry a weapon could be suspended or revoked.

Our experienced criminal defense lawyers at Dunham & Jones have been fighting for the rights of those accused of UCW charges El Paso and throughout Texas since 1989. Our #1 Goal is to get your El Paso UCW charges DISMISSED or REDUCED, focusing on the details of your case, such as your intent, location during the incident, and any other relevant factors.

For a detailed consultation and to build a strong defense for your UCW case in El Paso, call Dunham & Jones today at 915-777-7777. Let's discuss how we can help you with your Unlawfully Carrying a Weapon charges in El Paso County.

El Paso Sex Crimes Attorneys

Call El Paso Sex Crimes Attorneys Dunham & Jones at 915-777-7777 for a free confidential consultation to discuss your sex crimes case in El Paso County today.

Have you been wrongly accused or exaggerated allegations of a sex crime, sexual assault, sex abuse, or any sex-related offense in El Paso or the El Paso Metropolitan? The sex crimes lawyers at Dunham & Jones in El Paso have years of experience helping men, women and young people fight against false or exaggerated accusations of a sex crimes in El Paso County. We know there's always more to the story and are committed to finding the truth. What makes Dunham & Jones stand out is their #1 Goal is DISMISSAL or REDUCTION in charge. For a free consultation about your case, call 915-777-7777 and talk to a El Paso sex crimes lawyer today at Dunham & Jones.

If you're accused of a sex crime in El Paso, El Paso County, or the El Paso Metropolitan it can be really tough. Just being accused can harm your reputation, and if you're found guilty, you might end up with a long jail sentence, have to pay big fines, and even be listed as a sex offender in El Paso County.

At Dunham & Jones, we get how hard this situation is. Sometimes, people might think you're guilty just because you've been accused of a sex crime. But our sex crimes lawyers believe everyone is innocent until proven guilty. We're here to fight for you, making sure you're treated with respect no matter the charges.

In El Paso, there are several sex crimes you could be accused of, like sexual assault, solicitation, prostitution, voyeurism, public lewdness, indecent exposure and more. These are serious charges, and El Paso County takes them very seriously. Penalties for a sex crime can vary a lot, depending on what exactly you're accused of, how the victim is related to you, and their age. Using weapons or drugs can make things worse, and your past criminal history might also affect the outcome.

What are common sex crimes in El Paso?

• Indecent Exposure: Indecent exposure typically involves someone revealing themselves for sexual pleasure in a manner that could upset or alarm another person. According to Section 21.08 of the Texas Penal Code, an individual is guilty of indecent exposure if they "display their anus or genitals intending to stimulate or satisfy someone's sexual desires, without considering if someone else might be present who would be offended or disturbed by such an act."
• Public Lewdness: Simply put, public lewdness means doing sexual activities where others can see. According to the law, Penal Code 21.07, it's illegal when someone on purpose does any of these things where people can see them, or even in private if they don't care that someone else might see and get upset or shocked by: Having sex; Having a different kind of sex; or Touching in a sexual way.
• Prostitution: Prostitution is a misdemeanor
• Solicitation of Prostitution: Solicitation is a felony
• Revenge Porn: In today's digital era, with widespread use of smartphones and social media, there's an increasing trend of scorned ex-partners retaliating against their previous partners by uploading sexually explicit images or videos online. This act, widely known as "revenge porn," involves distributing such content on the internet without the approval of the individual shown, typically aiming to shame, harass, or demean them.
• Sexual Assault: including rape, non-consensual sex acts, forcible sex, or sex with a person under age 17
• Aggravated Sexual Assault: including sexual assault involving the use of a weapon, date rape drugs, violence, or serious threat, or when the victim is under 14 years old, elderly, or disabled
• Voyeurism: Spying on someone for the purposes of sexual gratification
• Improper relationship between educators and students
• Invasive Visual Recording: Taking intimate pictures of video of someone without their consent
• Sexual Coercion: Blackmail or extortion involving intimate visual material
• Sexual Performance of a Child: Texas Penal Code § 43.25 considers this an "Offenses Against Public Order and Decency". It's illegal for anyone to "engage in sexual conduct or a sexual performance" with a child, including anyone who participates in the act, as well as any person who films, photographs, or records the act.
• Criminal Solicitation of A Minor: Texas Penal Code § 15.031 mainly focuses on individuals who try to convince minors under the age of 17 to participate in criminal activities. Although this is often associated with indecent sexual behavior, it can also encompass various other illegal activities.
• Child Grooming: In September 2023, the Texas legislature enacted a law against child grooming (Texas Penal Code § 15.032) to safeguard minors from sexual abuse and exploitation proactively. The legislation is designed to deter adults from establishing relationships with minors with the intent of earning their trust, followed by committing sexual abuse or engaging in trafficking.

Consequences of a Sex Crimes in El Paso County

Most sex crimes in El Paso are considered felonies, which mean you could be looking at 2 years to life in prison and up to $10,000 in fines. Plus, you might have to register as a sex offender in El Paso County, which means anyone can find out about your conviction online.

Choosing Dunham & Jones as your sex crimes attorney means we'll listen to your side, look into the charges, and work on a strong defense to protect your future. We want to help you get the best outcome possible.

If you're facing sex crime charges in El Paso, El Paso County or the El Paso Metropolitan, it doesn't mean your life is over. Call Dunham & Jones at 915-777-7777 for a free consultation about your defense options. We have law offices all over Texas, including El Paso, ready to help you.

Solicitation of Prostitution in El Paso

As a Felony Defense Attorney in El Paso, I want to emphasize the seriousness of facing a Solicitation of Prostitution charge in El Paso. Since September 2001, following the enactment of Texas House Bill 1540, Solicitation of Prostitution in El Paso County has been classified as a felony, not a misdemeanor. This elevates the gravity of the situation for anyone arrested under this charge.

Our law office in is acutely aware of the recent tactics employed by the El Paso Police Department and El Paso County Sheriff's Department. They have been conducting extensive online prostitution stings across El Paso County including El Paso, Horizon City, Socorro, Fabaens and San Elizario, specifically targeting individuals attempting to engage in sex for payment. These operations often involve undercover officers placing ads online and arresting individuals who respond, even without the actual exchange of money for sexual services.

Given the complexities of these sex cases and the heightened penalties associated with a felony, it's crucial for anyone arrested for Solicitation of Prostitution in El Paso to seek legal representation immediately. Our team of experienced Felony Defense Attorneys are prepared to provide the necessary legal guidance and defense strategies in these challenging situations. Don't hesitate to call our Law Office at 915-777-7777 as soon as possible to ensure your rights are protected and to discuss your legal options.

El Paso Sexual Assault of a Minor Lawyers

Sexual Assault of a Minor in El Paso and El Paso County, Texas.

In El Paso, Texas, being charged with the sexual assault of a minor is extremely serious. It's not just the risk of going to prison that makes it grave, but also the fact that those found guilty must register as sex offenders, a requirement that follows them for life. This holds true whether the sentence includes jail time, probation, or even deferred adjudication.

Being wrongfully accused of this crime is among the worst situations one can face. Despite the principle of "innocent until proven guilty," just the accusation can lead to arrest, strict bail conditions, and a lengthy battle to clear your name and protect your reputation. The legal system begins with a low threshold for arrest, requiring only a "probable cause." Our aim is always to demonstrate to prosecutors, judges, and jurors that the accusations can't meet the stringent standard of "proof beyond a reasonable doubt," and our track record shows our success in these efforts.

Definition of a Minor for Sexual Offenses in El Paso County, Texas

In El Paso County, Texas, a "minor" typically refers to anyone under 17 years old for most sexual offenses. However, for certain sex crimes, individuals under 18 are considered minors. The ages of 14 and 6 are also crucial in determining the severity of potential penalties.

Sexual Assault of a Child under 17 is a significant legal charge, often equated with statutory rape, because a person under 17 cannot legally consent to sexual activity in Texas. This crime is a second-degree felony, with punishments ranging from 2 to 20 years in prison and fines up to $10,000. Charges can escalate to Aggravated Sexual Assault under specific circumstances, such as the use of a date rape drug or if the victim is younger than 14.

The Importance of Various Statements in Investigations

Various statements play critical roles in child sexual assault investigations:

• Outcry Witness Statement: The first report made by a child to a trusted adult, which is crucial for corroborating the victim's account.
• Statement to Detective: A formal interview with law enforcement, gathering detailed information and assessing the credibility of the child's allegations.
• Statement to Forensic Interviewer: Conducted by a professional trained in child forensic interviewing, aimed at gathering information without re-traumatizing the child.
• Statement to Sexual Assault Nurse Examiner (SANE): Part of the medical forensic examination, important for assessing the child's medical needs and collecting forensic evidence.

False Accusations Child Sexual Assault in El Paso

False accusations can stem from various motives, including manipulation during child custody or divorce proceedings, children lying to avoid punishment, or mistaken identity. These situations require careful defense strategies to protect the accused's rights.

Statutory Rape and Sexual Assault Laws in El Paso County, Texas

In El Paso County Texas law considers sexual activity with individuals under 17 as statutory rape, emphasizing that minors can't consent. There's no statute of limitations for such cases, meaning charges can be brought up at any time if the law allows.

Potential Outcomes and Defenses for Sexual Assault of a Child Charge in El Paso County

The outcomes of a sexual assault of a child charge can vary in El Paso County. Legal defenses might include proving an alibi, challenging witness credibility, or arguing insufficient evidence. It's crucial to have an experienced sex crimes attorney who can navigate the complexities of the case, potentially leading to outcomes like dismissal, reduced charges, or acquittal at trial.

If you're facing charges for the sexual assault of a minor in El Paso, it's vital to consult with an experienced criminal defense attorney who understands the nuances of criminal law and has experience dealing with sex crimes against children. Our criminal defense attorneys bring decades of experience in criminal defense, including former prosecutors who know how to identify weaknesses in the prosecution's case. We're committed to defending our clients' rights and achieving the best possible outcomes, whether that means fighting for a case dismissal, negotiating lesser charges, or defending you at trial.

How to check for an active warrant in El Paso

Dunham & Jones offers a free service to check for active warrants in El Paso, El Paso County and the El Paso Metropolitan. Our Warrant Department can help you handle any warrants on your own terms, preventing unexpected arrests at home or work. If you suspect you might have a warrant in El Paso or El Paso County, give us a call at {phone_faq} so we can do a warrant search for you. If you're aware of an existing warrant in El Paso or El Paso County, contact us ASAP at {phone_faq}, and we'll assist in resolving your open warrant. You can also use our online form to check for warrants in El Paso or El Paso County. Once we have your information we'll follow up with you on the results of your warrant search in El Paso.