East Texas Criminal Lawyer Discusses the Crime of Stalking

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Stalking is something which people sometimes refer to in a joking way, but it is, in fact, a serious crime which causes a great deal of harm to many people across Texas every year. It is estimated that nearly a million and a half women in Texas have experienced at least one incidence of stalking in their lifetimes. Of course, there are also male victims of stalking, and although they are fewer in number than their female counterparts, the effects of the crime of stalking on them are no less devastating.

Stalking can be described as a pattern of actions which are done by one person towards another person, such as harassment, annoyance, abuse, embarrassment, humiliation, repeated and incessant contact of any kind, or threats of harm against the person or their friends or family members, which causes the other person to become fearful. Many stalking victims are contacted by their stalking victims at least once a week, and about one quarter of all stalking victims are contacted by their stalkers on a daily basis. Stalking occurs over an extended period of time, with most incidents occurring over a period of six or more months, and some cases where the behavior has been going on for five or more years. Computers and cell phones are the most common methods used by stalkers to contact their victims, with text messaging, social media, phone calls, and email all being used for frequent and offensive or harmful contact.

Stalking is a second or third degree felony in Texas, depending upon whether the perpetrator has had prior offenses. College campuses are a common location for stalking incidents, and legislation was passed in 2013 that requires campus police to report incidents of stalking. Regardless of where the crime occurs, stalking victims can file for protective orders against their stalkers, and they can even be compensated financially for damages that they have sustained as a result of being stalked. Stalking victims may be damaged financially as a result of the activities of their stalker, if, for example, they avoid going to work because they are afraid to do so. They may incur medical expenses, in the form of treatment for anxiety, depression, troubles with sleeping, and post-traumatic stress disorder.

Evidentiary issues are abundant in stalking cases, and much of the evidence in your stalking case is likely to come from the victim’s own testimony. A skilled Texas Criminal Defense Attorney can help you to identify any possible evidentiary challenges that exist in your case, and they can help you to gather evidence which could be helpful to your defense.

If you have been accused of the crime of stalking, it is essential that you get help from an attorney. Stalking charges are very serious, and you need an experienced criminal defense attorney in your corner to help you present your very best case. An East Texas Criminal Lawyer can help you pursue the best possible outcome in your stalking case. To learn more, call attorney Alex Tyra today, to schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

Understanding Your Right to Have a Translator Present at Your Criminal Trial

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Last month Texas Court of Criminal Appeals Judge Elsa Alcala issued a dissenting opinion which accused the majority of failing to protect the constitutional right of a Hispanic defendant to have a translator present at his criminal trial. In her dissent, Judge Alcala, who was joined by Judge Cathy Cochran and Judge Cheryl Johnson says that the majority opinion does not even address the sole question that had been presented to the Appeals Court for its consideration, namely, the issue of whether the defendant made a knowing, voluntary, and intelligent waiver of his right to have a translator or interpreter present at his criminal trial.

Under the United States Constitution, criminal defendants are guaranteed the rights of equal protection, due process, and confrontation. When a criminal defendant does not speak English, those rights are protected by having a translator present during the defendant’s criminal trial. The presence of a translator ensures that the defendant can hear the information which is being presented at trial in his or her native language and understand the nature of the proceedings which they are involved in. If a defendant does not wish to be provided with the services of a translator, they must knowingly, voluntarily, and intelligently waive their right to have a translator or interpreter present.

In the case before the Appeals Court, the defendant, Irving Magana Garcia, had been convicted of murder by the Hidalgo County Court. Garcia appealed that decision to the Texas Court of Criminal Appeals, but he lost the case on appeal. Garcia asked the Texas Court of Criminal Appeals to reconsider its decision, but again, he was denied.

When the case was originally tried, Garcia’s lawyer declined the services of an interpreter. However, the attorney’s statement declining the services of an interpreter was not a part of the trial court record; because the court reporter was not taking notes at the time that the attorney informed the judge that his client was waiving the right to a translator.

In their motion for rehearing, Garcia’s lawyers argued that no one, not even Garcia’s attorney during his criminal case, had informed Garcia that he had state and federal constitutional rights which would have to be knowingly, voluntarily, and intelligently waived in order for an interpreter to be absent from the trial proceedings. They also argued that if there had been any waiver by Garcia, it had not been voluntary, knowing, and intelligent, but that it had more likely than not been coerced by his attorney, who felt that a translator would distract him while he was presenting Garcia’s defense. Interestingly enough, although they ruled against Garcia, the majority opinion did recognize that Garcia had not waived his rights on the record, and also that judges have an independent duty to ensure that criminal cases are interpreted for defendants absent their knowing, intelligent, and voluntary waiver.

If you have been accused of a crime and you do not speak English, you have a right to have a translator present during your criminal trial. Your translator can help you to understand the criminal proceedings, as you will be able to hear them in your native language. While a translator can help you to understand the court proceedings, they cannot present your defense to the court for you. At Texas Criminal Defense Lawyer can help you to present your very best defense against the crime or crimes which you have been accused of committing. To learn more, call attorney Alex Tyra today, to schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

What is the Michael Morton Act?

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The case of Michael Morton brings to mind something which no criminal defendant wants to think of – the fact that innocent people are sometimes put behind bars for years, crimes that they did not commit. In Morton’s case, when the prosecutor failed to present all potentially exculpatory evidence at Michael’s trial for the brutal murder of his wife, the jury concluded that he, the lone suspect, was the person who had killed her.

In 2011, a group of attorneys who were reviewing Morton’s case on a pro-bono basis discovered that not all of the available evidence had been presented at his trial. Eyewitness descriptions of the killer, the killer’s vehicle, and the attack, as well as a blood-stained bandanna found near the murder scene had somehow failed to make it into the courtroom. The bandanna was submitted for DNA testing, and it was found to contain the blood of the victim, as well as the blood of the person who killed her. Mark Norwood, a convicted felon, was identified as the murderer based upon DNA evidence, and Michael Morton was released from prison after having served twenty five years.

Earlier this year, the Michael Morton Act was signed into law in Texas. The Act requires prosecutors to turn over evidence to defense attorneys in criminal cases upon the attorneys’ requests, without requiring the defense attorneys to first obtain a court order. Both prosecutors and defense attorneys have stated that the passage of the Act has raised awareness of the importance of having access to evidence. Prosecutors have expressed concerns that the Michael Morton Act is increasing the cost of prosecuting criminal cases. It costs money to prepare evidence, and the more evidence there is which must be provided to other parties, the more money the state will need to spend in order to meet its obligation to do so. The increased cost of preparing and exchanging evidence is real, but it does not overcome the interest of the criminally accused in having access to all evidence which could support their defense.

Access to exculpatory evidence is something which has been the rule in courts across America for a long time. Brady v. Maryland, a 1963 case decided by the United States Supreme Court, set the precedent that prosecutors must produce information that is exculpatory in nature. Exculpatory evidence is evidence which points to the innocence of a defendant. States have varied in how they interpreted Brady, and that is why the Michael Morton Act is so important. Prior to the passage of the Act, prosecutors were in charge of deciding which evidence was exculpatory and which was not. The result is that prosecutors in at least seventeen cases in which convictions have been overturned, prosecutors failed to turn exculpatory evidence over to defense attorneys.

If you have been accused of a crime, an East Texas Criminal Defense Attorney can help you to present your very best defense against the crime or crimes which you have been accused of committing. The consequences of a conviction could be far-reaching, and could affect many areas of your life for years to come, so it is important to have a strong advocate in your corner of the courtroom.  To learn more, call attorney Alex Tyra today, to schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

Could You Benefit From a Search and Seizure Defense?

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One topic upon which many criminal drug cases are successfully defended is the area of searches and seizures. The Fourth Amendment to the United States Constitution protects all Americans from unreasonable searches and seizures. Despite our right to be free from searches and seizures which are not conducted for valid reasons, they happen every day across the U.S.  With this in mind, if you have been charged with a drug crime, whether at a misdemeanor or a felony level, it is possible that a Fourth Amendment Defense could be helpful to your case.

Fortunately, criminal charges can be contested, and skilled Texas Criminal Defense Attorneys know how to spot invalid searches and seizures. In cases where criminal charges are based upon evidence which was obtained during an illegal search and seizure, an attorney can use the Fourth Amendment to keep that evidence out of the prosecution’s case. Sometimes, the evidence which is able to be excluded is so central to the prosecution’s case that charges against a defendant may be dropped.

If a search warrant was issued prior to the search and seizure, the warrant may be defective if it is not based on probable cause, or if it does not describe the place to be searched and the person or items to be seized. Probable cause is only present if the officer presents facts that would lead a reasonable person to believe that a crime has been committed, or that a crime is in progress. If a search is conducted pursuant to a warrant which is valid, the search itself may be defective. One situation in which a search based on a warrant can be improper is when the officers go beyond the scope of the warrant, that is, they search in places that are not described in the warrant.

In some cases, searches may be made without a warrant when there are circumstances which would make getting a warrant difficult or even impossible. There are a few different circumstances under which warrantless searches are performed, including the search incident to arrest, consensual searches, searches made in an emergency situation where life is at risk (exigent circumstances), searches of items that are in plain view of an officer who has a right to be in the location from which they are viewing them, and automobiles because contraband that is stashed inside could be removed before a warrant could be obtained. As with searches that are conducted after a warrant has been issued, some warrantless searches are valid and some are not. Warrantless searches must be based on probable cause in order to be valid, so if the officer is not able to demonstrate that probable cause existed at the time that the search was performed, the search and any subsequent seizure may be deemed invalid.

Law enforcement officers must respect the constitutional rights of individuals, including the right to be free from unreasonable searches and seizures. Many criminal drug cases can benefit from a careful analysis of the searches and seizures which led to the charges against the defendant. An East Texas Criminal Defense Attorney can help you to determine whether a Fourth Amendment Defense could be pursued in your case. The consequences of a conviction could be far-reaching, and could affect many areas of your life for years to come. With so much at stake, it is important that you seek the aid of an experienced Criminal Defense Attorney who can help you to pursue the best possible outcome in your case. To learn more, call East Texas Criminal Defense Attorney Alex Tyra today, to schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

Could You Benefit From a Search and Seizure Defense?

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One topic upon which many criminal drug cases are successfully defended is the area of searches and seizures. The Fourth Amendment to the United States Constitution protects all Americans from unreasonable searches and seizures. Despite our right to be free from searches and seizures which are not conducted for valid reasons, they happen every day across the U.S.  With this in mind, if you have been charged with a drug crime, whether at a misdemeanor or a felony level, it is possible that a Fourth Amendment Defense could be helpful to your case.

Fortunately, criminal charges can be contested, and skilled Texas Criminal Defense Attorneys know how to spot invalid searches and seizures. In cases where criminal charges are based upon evidence which was obtained during an illegal search and seizure, an attorney can use the Fourth Amendment to keep that evidence out of the prosecution’s case. Sometimes, the evidence which is able to be excluded is so central to the prosecution’s case that charges against a defendant may be dropped.

If a search warrant was issued prior to the search and seizure, the warrant may be defective if it is not based on probable cause, or if it does not describe the place to be searched and the person or items to be seized. Probable cause is only present if the officer presents facts that would lead a reasonable person to believe that a crime has been committed, or that a crime is in progress. If a search is conducted pursuant to a warrant which is valid, the search itself may be defective. One situation in which a search based on a warrant can be improper is when the officers go beyond the scope of the warrant, that is, they search in places that are not described in the warrant.

In some cases, searches may be made without a warrant when there are circumstances which would make getting a warrant difficult or even impossible. There are a few different circumstances under which warrantless searches are performed, including the search incident to arrest, consensual searches, searches made in an emergency situation where life is at risk (exigent circumstances), searches of items that are in plain view of an officer who has a right to be in the location from which they are viewing them, and automobiles because contraband that is stashed inside could be removed before a warrant could be obtained. As with searches that are conducted after a warrant has been issued, some warrantless searches are valid and some are not. Warrantless searches must be based on probable cause in order to be valid, so if the officer is not able to demonstrate that probable cause existed at the time that the search was performed, the search and any subsequent seizure may be deemed invalid.

Law enforcement officers must respect the constitutional rights of individuals, including the right to be free from unreasonable searches and seizures. Many criminal drug cases can benefit from a careful analysis of the searches and seizures which led to the charges against the defendant. An East Texas Criminal Defense Attorney can help you to determine whether a Fourth Amendment Defense could be pursued in your case. The consequences of a conviction could be far-reaching, and could affect many areas of your life for years to come. With so much at stake, it is important that you seek the aid of an experienced Criminal Defense Attorney who can help you to pursue the best possible outcome in your case. To learn more, call East Texas Criminal Defense Attorney Alex Tyra today, to schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

What is Organized Crime?

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When it comes to criminal charges, there are some which can carry more substantial penalties than others. When a charge alleging organized criminal activity is added to another criminal charge, it increases the stakes substantially. It is important that people understand the difference between acts which are truly part of an organized crime scheme and those which are not.

Part of determining whether a crime is part of an organized crime scheme has to do with the people involved. At a minimum, there must be three people. However, a simple head count does not automatically place a crime into the realm of organized crime. The three or more people who were involved in the commission of the crime must be a “combination,” or a group of people who intended to work together to carry out a continuing course of criminal activity.

Sometimes, an individual participates in one of the crimes which are carried out by an organized crime operation without being aware of it. For example, if a person participates in a vehicle theft but does not know that it is part of a larger scheme to steal multiple cars over time, they may not have the requisite intent to be charged with organized crime because they did not intend to work with the group to carry out the other thefts or profit from them. However, it is possible for there to be a “combination” of individuals committing organized crime without knowing each other’s identities. Since organized crime occurs over a period of time, it is also possible that individuals may come into and go out of the “combination” during the course of its activity.

A scenario which is often mistaken for organized crime is that of a group of people who carry out a few crimes over the course of an evening. A burglary spree that happens one night is not necessarily organized crime because the people who worked together to steal things from various locations that evening may not have any sort of plan to work together on any other occasions to carry out any other crimes.

While many crimes that are not part of organized crime schemes are reported, a great deal of organized crime goes unreported. While theft and drug crimes are sometimes associated with organized crime, other crimes such as human trafficking, public corruption, and money laundering are also often organized crime activities. Reports from law enforcement indicate that a large amount of organized crime happens in Texas.

A few recent news stories involve Texas cases where the individuals involved have been charged with organized crime. On March 15, two men were arrested for stealing ATVs and a trailer in Tom Green County. Further investigation revealed evidence linking the two men to other thefts and a third person who was involved in at least some of the illegal activities. In an unrelated case, two people from Temple were arrested in March for mail theft. Investigation into their activities has connected them to numerous thefts of tools and equipment from fire departments and construction sites, and bank fraud. It will remain to be seen whether the organized crime portions of the charges will be upheld in either of these cases.

Any criminal charge can have a serious impact on your life, and organized crime charges can be even more devastating. If you have been charged with any form of organized crime, you need the assistance of an experienced East Texas Criminal Defense Attorney.  To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient contact form.

 

4 Reasons Why You Need an Attorney for Your Texas Misdemeanor Case

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One common mistake that defendants who are charged with misdemeanors make is handling their misdemeanor cases on their own without the aid of an attorney. If you have been charged with a misdemeanor of any class, know that facing misdemeanor charges on your own is risky. Here are four reasons why you should seek the assistance of an experienced Texas criminal defense attorney.

Knowing and understanding your rights is an important part of any criminal case, including a misdemeanor. Everyone who is involved in the legal process, from police and investigators to prosecutors and others must follow certain rules. The rules are designed to protect the rights of persons who are accused of crimes, so if one or more rules have not been followed in your case, your rights may have been violated. A violation of rights could be the basis for excluding certain evidence from your criminal case. An attorney will help you to understand your rights, and they can also help you take steps to protect them.

A second good reason to involve a skilled criminal defense attorney in your misdemeanor case is so that you will be able to understand the options that are available to you. You may be eligible for programs like probation or diversion, which may sound good when they are presented to you. Before you decide which way to go with your case, it is important that you fully understand all of the terms and conditions that you would be agreeing to in selecting each option. For example, probation agreements may contain requirements that would take more time, effort, or money to comply with than you are willing to invest. Defendants who sign off on probation agreements without truly understanding what they mean are at a high risk for violating their probation. In contrast, defendants who negotiate probation agreements that contain conditions that they feel they can fulfill are likely to complete the term of their probation successfully.

A third reason to seek legal representation in your misdemeanor case is that your criminal defense attorney may be able to help you to keep the charges off of your record. If your charges are expunged, you will have more privacy regarding your record. Your attorney will know whether you may qualify for expunction, and they can help you pursue it if it is an option for you.

The fourth reason that it is important to seek legal counsel if you have been charged with a misdemeanor is that the punishments for some misdemeanors are more severe than you might expect. In addition to fines and/or jail time, a misdemeanor conviction could have consequences which can reach far into the future. For example, if you are arrested in the future for the same type of offense, you may receive an enhanced penalty. You may also experience difficulties in obtaining work, getting public assistance, and finding housing. Your family life may also be affected, as convictions may affect your ability to have custody of your children or to become an adoptive or foster parent. A seasoned criminal defense attorney can help you to understand both the short-term and long-term consequences of a conviction. More importantly, they are your best defense against being convicted.

If you have been charged with a misdemeanor, you will benefit from the assistance of a knowledgeable East Texas Criminal Defense Attorney. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

 

 

Texas Criminal Justice Reforms Save Money While Keeping Crime Rates Down

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The crime rate is down, and fortunately, so is the number of people in Texas prisons. Texas is one of seventeen states that are in the early stages of a criminal justice reform program which takes the money that is being saved by reducing prison populations and invests it into programs designed to reduce first-time incarceration and recidivism.

State leaders have chosen to opt out of building more prisons to house non-violent offenders, and are focusing instead in improving drug treatment and parole programs. Some of the notable reforms include giving more power to courts designed specifically to deal with drug offenses, rethinking the parole program, and making it easier for former prisoners to integrate into society after their release.

Drug courts are specialized courts for non-violent persons who are charged with drug-related offenses. The focus of drug courts is rehabilitation, rather than punishment, and they serve to help offenders move forward in their lives as productive members of society. Prior to 2001, there were only seven drug courts in Texas. There are now seventy four. Participants in drug court programs attend regular status hearings, where they inform the court of their progress through their individualized program of assessment, monitoring, and comprehensive mental health and substance abuse treatment.

Probation and parole reforms have reduced the amount of people who are sent back to jail after violating the conditions of their release by providing intermediate steps in between an initial violation and a return to prison. Intermediate sanction facilities are intended for short-term confinement, where offenders can receive additional treatment and another chance at avoiding a return to prison.

When prisoners are released, it is often difficult for them to get a fresh start because they encounter difficulties in finding housing, jobs, and other resources that can help them begin building a better life. Recent reforms have increased the amount of preparation that prisoners undergo before they are released, in hopes that this will help them to make better choices once they gain their freedom. Community organizations like “Bridges to Life” in Amarillo and similar programs throughout the state provide training and support to released prisoners, which increase their chance of success.

The reforms have been effective so far, and are expected to continue to be just as effective if not even more so. Between 2004 and 2007, the percentage of released offenders who went back to prison within three years of their release dropped from thirty percent to twenty four percent. Three adult prisons and six juvenile detention facilities have been closed, thanks to programs that focus on treatment and rehabilitation within the community setting rather than confinement. There also have been reductions in overall criminal justice spending, even as the amounts spent on treatment, probation, and other community-based services have increased. Perhaps most importantly, the people who are most affected by the reforms, the offenders and their families, are being handled in a way that acknowledges their potential for change and personal growth while keeping the public safe by ensuring that the most dangerous offenders are securely confined.

If you are facing criminal charges, it is essential that you contact an experienced criminal defense attorney. A knowledgeable East Texas criminal defense attorney can help you to present your best possible case and evaluate any possible alternatives to conviction which may be available to you. To learn how a criminal defense attorney can help you, call Texas Criminal Defense Lawyer Alex Tyra now, of the Law Office of Alex Tyra, P.C., to schedule a free initial consultation. We can be reached at (903) 753-7499, or you may visit our website and submit a convenient online contact form.

 

 

When it Comes to Drugs, The Nose Does Not Always Know

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If you are facing drug charges in a case where a drug sniffing dog or a police officer’s assertion that he or she smelled marijuana was the reason that you, your vehicle, or your property was searched, refuting the reliability of drug dogs and officer smell tests may play an important role in your defense. Even though both drug dogs and an officer’s sense of smell are permitted to serve as the basis for a search under Texas law, numerous studies have found both methods to be unreliable predictors of the presence of drugs.

For example, a pair of studies suggests that there are two fundamental flaws with relying on trained dogs to detect drugs. Both a study which was conducted by the Chicago Tribune and a study which was published in the Journal of Animal Cognition by Researchers from the University of California at Davis suggest that drug dogs often alert in areas where drugs are not present and have not been present. The frequency of false alerts is so high that the dogs are actually wrong more often than they are right.

The same two studies also pointed to something even more disturbing regarding drug dogs’ abilities to sniff out illegal substances. We all know that dogs are incredibly sensitive to even the most subtle feelings of the people that they have close relationships with. Drug dogs have strong bonds with their handlers, and when those handlers believe that drugs are present in a situation, the dogs are likely to alert even if there are no drugs in the area. Also, if a dog’s handler has any racial bias, the dog that they are handling will often alert on people of the race that the handler is biased against, whether or not drugs are present.

Police officers are allowed to stop or arrest and search people if they believe that they smell marijuana. As you can imagine, this results in quite a few searches. Two studies that were published in Law and Human Behavior examined the reliability of the officer smell test. One study found that officers who stand at a driver’s window and assert that they can smell marijuana that is supposedly in the trunk of the vehicle are not actually able to detect that odor from that position, because of other smells that are normally present during a roadside traffic stop, such as diesel fuel. The second study examined an even more improbable situation, where officers assert that they can smell marijuana in the chimney fumes from a marijuana growing facility. As one might expect, the study found that this simply does not happen.

Fortunately, Texas courts are becoming increasingly aware of the problems associated with relying on drug sniffing dogs and police officers’ noses to detect the presence of controlled substances. In 2010, the highest criminal court in Texas overturned a conviction based on identification of the suspect by a drug sniffing dog. Winfrey v. State, 323 S.W. 3rd 875 (2010)

If the search that led to your drug charges occurred because a drug sniffing dog alerted near you or a police officer believed that they smelled marijuana near you, that search may have been invalid. A knowledgeable East Texas defense attorney can help you to present your best possible case to the court and help you to achieve the best possible results under the circumstances. To learn more, call Longview criminal defense attorney Alex Tyra today to schedule your free consultation. We can be reached at (903) 753-7499, or you may visit website to submit a convenient online contact form.

 

Sage Advice Regarding the Drug “Salvia Divinorum”

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This past September, Texas added a new name to its list of Class III controlled substances. Salvia Divinorum, commonly known as “Seers Sage, Salvia, or Ska Maria Pastora”, became a Class III controlled substance upon the passage of House Bill 124. The bill made its third and final appearance before the Texas Legislature this year after two other attempts to pass the bill failed in 2007 and 2009. Under the new law, the possession, sale, or use of any part of the Salvia Divinorum plant including leaves, seeds, extracts, or other compounds, is now a crime.

The enactment of House Bill 124 makes Texas one of a growing number of states to criminalize the possession and sale of Salvia Divinorum. In Texas, as in other places, the legislation which made Salvia Divinorum illegal was tied to efforts to regulate synthetic marijuana, even though the two substances are not similar. Interestingly enough, the United States Drug Enforcement Administration (DEA) has yet to list Salvia Divinorum as a controlled substance, despite the fact that it is a known hallucinogen.

There are a few things that make the Texas Salvia law interesting, from an attorney’s perspective. For example, the penalties for possession of Salvia are more severe than the penalties for possessing marijuana. If you are found to be in possession of any amount of Salvia up to 28 grams, you are guilty of a Class A misdemeanor which is punishable by one year in jail and a maximum fine of $4,000.00. If you had twice that amount of marijuana in your possession, you would be guilty of a misdemeanor punishable by incarceration of 180 days, and a fine of $2000.00. Both substances are sold as dried plants, which users smoke in order to get high, but the laws which penalize the use of each plant involve different units of measurement. In fact, the unit of measurement which is used in the Salvia law (grams) is used to measure quantities of controlled substances that are sold in pill or powder form. The effect of this discrepancy between the laws that regulate Salvia and marijuana is that individuals who use Salvia instead of marijuana can be punished much more harshly for possessing a much smaller amount.

It is also worth noting that the Texas Salvia law is written so broadly that it may not pass muster under the Religious Freedom Restoration Act. Some people use Salvia Divinorum as a part of their spiritual practice, and when they do this, they chew on the leaves of the plant. This practice originated with the Mazatec people in Mexico, and has been incorporated into other religions where vision quests or divination are part of spiritual practice. Recreational users of Salvia smoke the plant, instead of chewing it. Both activities are covered by the law, which prohibits the use or possession of any part of the plant.

Perhaps the most puzzling thing about the criminalization of Salvia Divinorum is that there is no apparent reason for it to be classified as a Class III controlled substance. Although Salvia is a hallucinogen, there are no reports of Salvia-related health concerns coming from the medical community. There are also no reports coming from law enforcement regarding any danger to the public as a result of Salvia use. Salvia is usually used in a quiet place, away from people, so it is not a “party” drug, like many of the substances that cause problems for law enforcement.

If you have been charged with the possession of Salvia Divinorum or any other controlled substance, you need the assistance of a seasoned criminal defense attorney. Schedule a free consultation with Alex Tyra, a Longview, Texas criminal defense attorney, today. Call our law office at (903) 753-7499, or contact us through our website.