Conroe Criminal Lawyer Blog

THC Infused Bath Products

September 16, 2018 | by M. Neufeld Law

THC infused products

The next time you’re sore from overdoing it at the gym think about taking an Epsom salts bath. Better yet, take an Epsom salts bath with some weed in it. These days it seems that weed makes everything work a little bit better. Right? Or at least that is what we are hearing from the states that have legalized marijuana. Sadly, Texas isn’t one of those states. The bad part about cannabis being legal in some states and not in others is that when people get caught in possession of these products in a state like Texas, they are in big trouble. How big is the trouble? Well, it depends on the weight. But the trouble is usually Hulk Hogan big. These THC infused products are coming in at third-degree felonies and up. In fact, the majority of cases I see are usually second-degree felonies. How bad is a second-degree felony in Texas? Well, it could land you in the big house, that’s right, the Texas Department of Criminal Justice Institutional Division for up to twenty years. To a young adult with no criminal history that can cause a person to soil their armor.

So, what about marijuana laced bath product called Soak? Well, it is one of the many products that are being churned out in the fast-growing medical marijuana market currently sweeping the states. Soak is the brainchild of Whoopi Goldberg and another stoner that has a reputation for making wicked edibles. Soak is promoted as helping women with PMS and menstrual relief. So just what is Epsom salts? Well, it is not the salt that you use on your food. Epsom is a place in England that the salt is named after. If you take this salt orally you will tend to fill your pants. Yeah, and not in a good way. The product is composed of magnesium sulfate which is a natural laxative. According to stoner science, your body needs both magnesium and sulfate. According to tree huggers, these two minerals have strong detoxifying and natural healing properties. And we all know that cannabis offers even more healing properties. Whoa, dude I can feel my body shedding the toxins. The theory goes that that when you soak in this stuff it magically gets into your body through your skin. Sure, that makes sense. Brings to mind that I was so wasted last night from my medicinal beer bath, but I digress. Yeah, so the absorbing through the skin theory has never been proven. But it sounds cool, right? Soaking in hot water usually makes you feel pretty good anyway. If you really want to try it, you can pick up some plain old Epsom salts at the grocery store for next to nothing. Add the weed however you like. But if you are dead set in giving Whoopi Goldberg your money then you should pick up this product.

The bottom line is, every week I meet new clients that have been arrested for possession of products containing THC or some other cannabis derivative. Over the next few weeks I will discuss a few of these products I have stumbled upon and hopefully help someone avoid jail time over something that they had no idea would have such serious consequences. So, if you or a loved one has been busted for any type of THC product, edible, or vape pen give me a call. Don’t let a stupid mistake ruin your life with a criminal record. You need an experienced criminal defense attorney with a track record of defending marijuana, THC, and other cannabis related cases. Call us today.

“Super Extreme” DUI

August 25, 2018 | by M. Neufeld Law

Montgomery County drunk driving defense lawyer
A headline in the news this week involved a forward with the University of Arizona’s basketball team charged with super extreme DUI. A DUI or driving under the influence of alcohol in Texas is the penalty for someone under 21 that has an alcohol level of .08 or less. In other states DUI is just another term for DWI. Anything over .08 in Texas is a DWI or driving while intoxicated and is the same penalty for anyone caught over the age of 21 that has a suspected blood alcohol content or BAC of .08 or more. So just what is super extreme DUI?

An “Extreme DUI” is a crime in Arizona when a person’s BAC is a .15 or higher. In Texas, the same offense changes the standard driving while intoxicated of a .08 which is a Class B misdemeanor into a Class A misdemeanor which carries twice the penalties. So, the extreme DUI in Texas becomes the Class A misdemeanor. FYI, a Class B misdemeanor DWI carries a penalty of three days in jail, up to a 180-jail sentence and a fine of up to $2000. In Texas, a Class A misdemeanor DWI carries a penalty of up to 30 days in jail, a $4000 fine and up to a year in jail. A super extreme DUI is a BAC over .20 which has not been adopted in Texas.

In other drunk driving news, it appears that in addition to a ridiculous crime rate, crazy number of shootings each year, and extremely strict gun control laws (which aren’t working), Chicago can also add super weak DWI laws to their resume’. Tasha Lynn Schleicher, 41, was arrested on the outskirts of town for multiple charges which included two counts of felony aggravated DWI, two counts of misdemeanor DWI, no insurance, driving while license suspended, and an open container of Crown Royal. Police found the woman passed out behind the wheel of her vehicle with the engine running at a gas station. Instead of gasoline, she was trying to fill her car with kerosene. The woman told police she had eleven children and could not find them. Of note, all eleven of her children had been taken away by the state of Minnesota all for reasons related to alcohol. When questioned it was found the woman was dropping off her fifteen-year-old son so that she could go party in Indiana. While in custody, the woman reported that she was pregnant, bleeding, and having a miscarriage. All of which turned out to be a total fabrication. The woman had outstanding warrants from at least three states and had received six prior driving while intoxicated arrests out six other states. In one of her arrests, Tasha was pulled over and charged with DWI while breastfeeding her child. Classy. So, what was the final charge in Chicago? Two years’ probation.

Conroe Woman Bites Off the Nose of Another Woman

July 31, 2018 | by M. Neufeld Law

Conroe DWI Attorney
A Conroe woman has been accused of biting off a large chunk of another woman’s nose and then swallowing it. According to the Harris County Precinct Four Constable’s Office three local Conroe women decided to go bar hopping. When they got home Jessica Collins of Conroe, Texas wanted alcohol and cigarettes from the other women. When one of the girls refused to hand over the alcohol and cigarettes, Collins tackled her and bit off a part of her nose and then swallowed it.

“I didn’t have time to react, to push her away. I think I was trying to fight back, but I couldn’t. All I could remember was the taste of the blood in my mouth,” stated woman that was attacked.

Collins was charged with Class A misdemeanor assault and was release from jail after posting a $1000 bond. Class A assault carries a possible penalty of $4000 fine and one year in jail. The victim states she has been staying at home because it is the only place she feels safe.

The Deadly Rollover Collision

May 22, 2018 | by M. Neufeld Law

You’ve probably seen a rollover crash in your lifetime. They are usually the cause of long backups on the highway because of all the looky-loos. When a vehicle in a collision tips over, rolls on its side, or lands on its roof, this is what is referred to as a rollover collision. Rollover collisions can and frequently do have passengers that have been ejected. The full or partial ejection is usually the result of not wearing a seatbelt or seatbelt failure and can ultimately lead to death of catastrophic injuries. Statistics say that only one percent of all traffic accidents account for rollover crashes. Sadly, this one percent results in one third of all auto and truck accident deaths.

So, how does a rollover collision happen? Typically, a driver loses control while driving and the vehicle begins to slide sideways. I was driving from Conroe to Dallas last weekend and drove through a rainstorm. My vehicle hydroplaned and started to slide. If this doesn’t get your heart racing, I don’t know what does. Had my vehicle struck a curb, guardrail, or even the earth at the edge of the highway, I could have been the victim of a rollover crash. Drivers that attempt to turn when speeding are also the reason for rollover crashes. Rollovers can be even more dangerous when your vehicle strikes another vehicle or slides over into oncoming traffic. Cars or trucks that are hit by another vehicle can often cause a rollover crash.

Common causes for rollover crashes are:

Moon Rocks, Kief, and Cannabis Edibles, Oh My

April 18, 2018 | by M. Neufeld Law

Marijuana Attorney - cannabis and its usage. marijuana leaf and marijuana products isolated on white background. cosmetics, hemp milk, hemp oil, cookies, brownies and nutritional supplements.
Being a criminal defense attorney, I try to keep up with the latest fad drugs to hit the market in order to better serve my clients and help them understand what they are being charged with when it comes to controlled substances. This week I had a young man come in that was arrested for being in possession of marijuana. However, when the charging instrument was filed it turned out that he was being charged by the Montgomery County District Attorney for possession of a controlled substance, a second-degree felony which carries a possible sentence of two to twenty years in the Texas Department of Criminal Justice Institutional Division. Wow, that is a whole lot scarier than simple pot possession. Needless to say, my client was scared to death. That is a pretty hefty sentence. Luckily, the case was picked up by an assistant district attorney with a great deal of experience and very good discretion with these types of cases. Thanks to him we were able to get the charge reduced and the client was ultimately happy with the outcome. These types of cases are on the rise and are no longer considered unusual. New states legalize marijuana each year and people are transporting these new pot products to Texas and will unknowingly face steep fines and sentences. People in Conroe and Huntsville believe that Montgomery County and Walker County are following in the footsteps of Harris County in lessening the penalties. This is simply not true. You may ask what the pot product was that my client possessed for this severe penalty. It was called Moon Rocks.

After a little research I found out that Moon Rocks are a new cannabis product created by a dispensary on the west coast. Marijuana dispensaries in states that have legalized marijuana are businesses. Like all businesses they try to separate themselves from the competition. Thus, coming up with new products that these businesses hope will set themselves apart from the growing field of competition in the growing field of legalized marijuana. See what I did there? Moon Rocks involve taking an already potent strain of marijuana, infusing it with hash oil, and then rolling it in kief. The hash oil makes the weed much stronger. In one-two punch fashion, the bud is then rolled in kief which strengthens the potency even more. Kief is the resin gland of the cannabis plant. Think of it as a built-in defense mechanism for the plant that produces the potent THC that gets people high. In other words, this is a powerfully concentrated form of marijuana.

These new products are classified by law enforcement as controlled substances. Typically, controlled substances are classified by weight. What happens when you add oil to a sponge? It gets heavy. Hence, the reason Moon Rocks carry such a severe penalty. Think of pot brownies. It is the same reason the penalty for edibles and for the THC oil commonly used in vape pens also carry a severe penalty. They are heavy. It is not the amount of THC or drug in the product that determines the penalty but the gross weight. Therefore, if you are caught with one of these products you could face serious consequences.

Montgomery County Drug Testing, Your Liberty is at Stake

March 18, 2018 | by M. Neufeld Law

Conditions of Bond; Montgomery County Drug Lawyer
Rarely a week goes by where I am not contacted by a current or previous client that is having trouble with the drug testing routine in Montgomery County and Harris County. Montgomery County is by far the most prevalent. You see in Montgomery County, you are essentially guilty before being proven innocent. If you are accused of a crime in Montgomery County, Texas you will most likely be subject to conditions of bond unless you chose to sit in court until your case is settled. This can be months or years. As a condition of bond, you must report to community supervision and you will be drug tested. This involves you calling in daily, yes daily to see if your lot has been chosen to report for a drug test. You then need to drop what you are doing and get to specified lab in downtown Conroe to give a specimen. You are only supposed to be tested once per month. This isn’t reality. I’ve had numerous clients chosen upwards of three times per month and even multiple times per week.

One of the most common problems is a dilute sample. Dilute samples affect active people who drink a lot of water. Southeast Texas is one of the hottest places in the United States. Who doesn’t drink a lot of water that works outdoors in the Houston area? Would one think this situation causes lots and lots of false positives? You bet! You see in the eyes of probation, the district attorney, and the Judges in Montgomery County, a dilute urine sample is the same as a positive. You can and will have your pretrial diversion contract revoked, and you can and will go to jail for up to several weeks all based on a false positive test. Just last week I had a client that had multiple dilute samples over the course of her probation. I had her take a hair follicle test that goes back weeks to test for drugs and she came back negative. Therefore, each dilute test in her case was a false positive. How much does it cost you for a hair follicle test to prove you are innocent of taking drugs while you are on bond or probation? About $300. And yes, you are also billed for the urine tests and other associated costs when you are on conditions of bond for something you may not have done but were only accused of doing.

Another frequent question I get weekly is, “you mean someone can lie to the police, and based on that lie I can be arrested and do jail time?” The simple answer is yes, it happens all the time. But what about positive drug tests? Can you do jail time based on a positive drug test when you are not actually taking anything illegal? Here are two of many examples.

When Disorderly Conduct Pays

January 24, 2018 | by M. Neufeld Law

Disorderly Conduct Lawyer
On March 6, 2008, a caller phoned the police with a complaint of a party that included loud music and illegal activities, at a home in Northeast D.C. As in Washington, D.C. A local neighborhood commissioner phoned the police and stated that he knew the home was vacant and had been for several months. Officers arrived on the scene and interviewed several neighbors. The neighbors confirmed that the home had been empty. When the police approached the home, they heard loud music coming from inside.

The officers knocked at the front door. A man came to the window, looked out, and then ran upstairs. Okay, a little strange. One of the occupants then opened the door and the police entered the residence. Their immediate impression of the inside of the home was that the it was “in disarray,” and “looked like a vacant property.” The police smelled sweet cheeba in the air and observed beer bottles and cups of booze scattered around the floor. In fact, it was noted that one of the partygoers refused to sit on the floor while being questioned because it was so filthy. Surprisingly, the home did have working electricity and plumbing. However, the entire downstairs furniture group consisted of nothing more than padded metal chairs. To the occupants’ credit, there were blinds on the windows, some food in the fridge, and toiletries in the, well…toilet. But wait, there’s more.

The “living room” had been converted into a strip club. Women, milling around wearing bras and thongs, were socializing with the patrons. The scantily clad women had cash stuffed into their thongs and garter belts. Several women also captivated the audience by giving lap dances. The patrons had cash and cocktails in each hand. When the partygoers finally took notice of the police, they “scattered into other parts of the house.” In other words, they beat feet.

Being Present at a Seedy Bar Could Lead to Your Arrest

December 22, 2017 | by M. Neufeld Law

Montgomery County Drug Arrest Lawyer
An interesting opinion dropped from the Texas Court of Criminal Appeals this week. In the case, an undercover police officer was surveilling a sports bar in Houston known for its well documented history of drug busts. In actuality, under the guise of surveillance, the police officer was probably profiling customers at the local bar. One unlucky man stopped at the bar and stayed for what the officer stated was in the range of three to five minutes and then left. The officer followed the man and then called for a marked car to make the bust so as not to blow his cover. The marked police car then pulled the man over for an alleged lane change without a turn signal. Before stopping the car, the officer noticed the man making furtive gestures around the console in the vehicle. This is a ruse officers use to try and make a search. As if a person in a car behind you can see what you are doing in front of them in your car at night. Please. The uniformed officer then arrested the man and searched his vehicle. In the search, the officer finds two baggies of cocaine. One in the center console and one between the console and the passenger seat.

The attorney for “citizen accused” filed a motion to suppress the evidence of the search in the trial court but the motion was denied. The man subsequently entered into a plea agreement for three years deferred adjudication but preserved his right to appeal the ruling of the trial court. Under the Fourth Amendment, a search of a person or property is not reasonable without a warrant without a specifically defined exception. One of these exceptions is termed the “automobile exception.” Under the automobile exception, police may search your car without a warrant if there is probable cause to believe that the vehicle contains contraband.

The court of appeals considered the issue of probable cause in this matter. There, the Court used the following facts to justify the search. First, the officer was performing surveillance on a bar known for drug sales. Second, while the man was stopped in a turn lane, with marked police car behind him, and an undercover officer beside him. Staring. Said the man made furtive gestures in his car. Okay, so two cops have you boxed in and are staring you down. You’re supposed to act cool, right? Sure. The court of appeals affirmed the finding of the trial court. The ruling that being at a bar known for drug activity and making furtive gestures while being boxed in by two cops was enough for probable cause to arrest you. Fair, right?

DWI Ignition Interlock Can Be As Dangerous As Drunk Driving

December 5, 2017 | by M. Neufeld Law

DWI breath test; DWI Attorney
If you have been convicted of DWI, you probably have an ignition interlock device installed in your vehicle. The device was probably ordered by one of the Montgomery, Harris, or Walker County Judges. Over the last few years these devices have become very popular. To make it work, you must push a button on the unit. Then when it says “blow,” you blow into the device. Viola, your vehicle will now start. Sounds like a great idea, right? Well, maybe not. Driving your vehicle with the device installed requires what is called a “rolling test.” Yep, to keep your car going you have to blow into the machine while driving. Hey, wait…isn’t that distracted driving? You bet. So, what could go wrong?

Last week an eighteen-year-old woman was killed by a person that had been ordered by a court to have an ignition interlock device installed in his vehicle after his DWI conviction. The young lady was backing out of her driveway and was subsequently struck by the man while blowing into his DWI device. The test takes three to four seconds to complete. In that time span, the man never saw the young lady backing out and never hit his brakes. The man had not been drinking at the time.

In the United States, every day, nine people are killed and over a thousand are injured from distracted driving. Distracted driving is when you are doing something other than paying attention to your surroundings when driving. The three main types of distracted driving are: visual, which is taking your eyes off the road, manual, which is taking your hands off your steering wheel, and cognitive, which is when your mind is not on your driving.

The Cost of a DWI Arrest

November 10, 2017 | by M. Neufeld Law

DWI Attorney
Today, I spoke with a client that suffers from multiple sclerosis (MS) and is charged with DWI or driving while intoxicated. For those of you who don’t know what multiple sclerosis is, MS is a disabling disease of the central nervous system which consists of your brain and spinal cord. The disease attacks the protective covering around your nerve fibers. Think of the plastic covering on copper wire. The comparable covering on your nerves is called myelin. MS attacks the myelin and causes communication problems between your central nervous system and the rest of your body. The damage can become so severe that a patient can have problems walking and later may not be able to walk at all. Is this the first client I have had that has been charged with DWI when they have not been drinking? No. I’ve had multiple clients charged with driving while intoxicated when they are suffering from a disease of the nervous system and have not been drinking at all and have not taken any medication. So, what are the consequences?

If you don’t already know, Texas is one of the harshest states in the nation when it comes to being charged with DWI and the consequences of the arrest. Folks, we are not just talking about the fines and court costs. The aftermath of a DWI conviction in Montgomery, Harris, or Walker County can be far reaching and life altering. Most people have no idea how much it costs overall to be charged with DWI.

First off, your car is usually towed at your expense. When you are arrested your car is left behind to be towed and impounded by a local company. This system is not regulated and there are companies that will really take advantage of you. I’ve seen towing and impound fees start at around $300 and go to upwards of $600. This is what you are required to pay even if you are innocent and are later found to be not guilty or the charges are dismissed.