Category Archives: Criminal Attorney

Texas Businesses | Customers Surprised to Learn They’ve Been Selling and Buying Illegal THC

The Dallas Morning News carried a news story that may have come as a surprise to producers, resellers and users of some hemp/THC products. The Texas Department of State Health Services updated its website in October to clarify that delta-8 cannabis extract and delta-9 products over .3% THC were still Schedule 1 controlled substances. 

Meaning, you can still be arrested for possessing them. And according to the news story, at least six Texans were charged with felony possession of delta-8 THC products in the prior three months.

Why would resellers and legal buyers be confused? 

The 2018 federal Farm Bill made delta-8, a cannabinoid, legal at the federal level. And in 2019, Gov. Abbott signed House Bill 1325 legalizing hemp products with less than 0.3% THC in them. These two actions caused CBD shop owners and customers to think delta-8 THC products were legal. They come in the form of edible candy, oil tinctures, and even vape cartridges. 

But Texas doesn’t have to agree with the federal government. 

And it didn’t. Dr. John Hellerstedt, Commissioner for the Texas Department of State Health Services, objected to the federal drug schedule. Texas state law on hemp didn’t specifically discuss delta-8 so the agency’s interpretation is that it is not allowed for manufacture or sale. In May 2021, the Texas Health Department issued a clarification stating that delta-8 THC and “other THC isomers” remain on the list of Schedule 1 drugs. 

So, what was legal in the rest of the country became, or remained, illegal in Texas … until November. 

That’s when a Travis County judge blocked the state from adding delta-8 to the list of Schedule 1 drugs, according to a Texas Tribune article. THC retailers said they were not given adequate notice of the classification change. The judge agreed that the DSHS didn’t comply with the state’s rule-making requirements. 

It’s too soon to say what will happen with this ruling. In the meantime, enforcement of the state’s marijuana/THC possession laws are up to local and state law enforcement. Texas residents who face felony drug charges for possession of a Class I controlled substance (delta-8) could be sentenced to up to 2 years in prison and a $10,000 fine. 

If you are facing criminal charges for possession of marijuana, a THC extract, cannabis oil, or a vape pen with THC residue, you need a strong defense. Call the Weatherford drug crimes defense attorneys at Lee and Wood, LP. at 817-678-6771 or contact us online

Possession of “Drug Paraphernalia” is Also Illegal in Texas

Although Texas is becoming slightly more lenient with its prosecution of marijuana possession, if you’ve been arrested with marijuana, THC oil or dabs, you may also be facing charges for possession of drug paraphernalia. That is, the things commonly used to smoke or ingest cannabis, such as:

  • A dab rig,
  • E-rig, or
  • Vaporizer.

You could also face possible drug charges for possession of an e-cigarette (e-cig), or vape pens, if police think that you used it to ingest illegal drugs. Generally, people aren’t charged for possession of drug paraphernalia on its own. It’s a charge that gets added on when you are charged with possession of marijuana/cannabis, THC oil or dabs. 

Being found guilty of possession of drug paraphernalia can enhance other criminal charges, with penalties from fines to time in jail. 

  • The lowest level charge for possession of drug paraphernalia is a Class C misdemeanor with a fine of up to $500. 
  • Were you giving or selling a dab rig or vape pen that police think was intended for use with THC? Intent or attempting to deliver drug paraphernalia can be charged as a Class A misdemeanor. That could result in a fine of up to $4,000 and up to a year in jail. 
  • If the person receiving the e-rig or dab-rig is under 18 (and the provider is at least 3 years older), you could face felony charges, a fine up to $10,000, and prison time. 

What Is Considered Drug Paraphernalia?

The police and DA have a pretty loose definition of what is drug paraphernalia. A lot of everyday household items could fit that description: a scale, a blender, mixing bowls, plastic baggies, balloons, envelopes. 

Other not-so-typical things that you could be charged with using as drug paraphernalia include a grow tent (which you could also use for sprouting veggie seedlings or growing food hydroponically) and gardening supplies. It could be cigarette papers and a rolling machine, which people use to make their own loose-leaf tobacco cigarettes more cheaply. 

Chemistry lab equipment and testing equipment can be considered paraphernalia, as can empty capsules. 

If you are facing criminal charges for drug possession along with possession of a dab rig or vape pen with THC residue, the Fort Worth criminal defense attorneys at Lee and Wood, LP. Call 817-678-6771 or contact us online

Tarrant County Law Enforcement Changes the Way They Handle Some Marijuana Arrests

In June 2021, some Tarrant County police agencies announced a new policy. People detained for some misdemeanor crimes, including low-level marijuana arrests, will be ticketed instead of taken to jail. The new program is called Cite and Release.

Instead of an immediate arrest, the person will receive a citation. Later, they will receive notice to appear before a county magistrate. When the person appears in court, law enforcement can file a case with the DA’s office and the DA can decide whether to prosecute them. 

Not getting arrested and spending time in jail certainly sounds good, but this isn’t a big difference. Just because you weren’t immediately arrested, that doesn’t mean you won’t face criminal charges later. Call a Fort Worth criminal defense lawyer to find out how the change in marijuana arrests and prosecution could affect your case. 

Eligible Criminal Charges

People can be cited and released – and charged later – if they would have been charged with:

  • Possession of less than 2 ounces of marijuana
  • Possession of 2-4 ounces of marijuana
  • Possession of less than 2 ounces of synthetic cannabinoids (“spice” or K2, for example)
  • Possession of 2-4 ounces or less of synthetic cannabinoids
  • Criminal mischief that results in damages between $100-$750
  • Graffiti damage between $100-$2,500
  • Theft of property valued at between $100-$750

This change follows on a policy change in 2020 where the Tarrant County District Attorney said some people charged with possession of small amounts of certain drugs, including marijuana, can get those charges dismissed. Now that’s a much more meaningful change for people charged with low-level drug crimes like possession of marijuana. 

Who Would Get Cited Instead of Arrested?

Police get to decide who they Cite and Release. 

To even be eligible for Cite and Release, the “offender” must be an adult who lives in Tarrant County and committed the alleged offense in Tarrant County. They have to be able to prove their identity. And they can’t have any outstanding warrants for a Class B misdemeanor or higher. It can only be used for non-violent, low-level offenses. 

If you received a citation for a drug offense, theft, graffiti or criminal mischief, call the Fort Worth criminal defense attorneys at Lee and Wood, LP, before you appear before a court magistrate. Call 817-678-6771 or contact us online. You still face criminal charges. Know your rights. 

Assault by Threat

Not content to just avoid a COVID vaccine, a north Texas man is facing federal criminal charges for sending a message on his cell phone to a medical doctor in another state with whom he disagreed on vaccinations. The doctor said the message was threatening. She called the police.

Now Scott Eli Harris is heading to Baltimore after being indicted by a federal grand jury for sending threats across state lines. In his message to the doctor, whom Harris had never met, he said,” My 12 gauge promises I won’t… I can’t wait for the shooting to start.” 

It’s a federal criminal charge because the alleged threats crossed state lines. Harris could face a maximum sentence of five years in federal prison.

Is a threat a crime in Texas?

What if Mr. Harris had sent a similar message to a doctor in the state of Texas. Would he be facing prison time?

He would not, but a threat of violence is a crime in Texas. The threat could be spoken, texted, emailed, left in a note, or even communicated by gesture. However, it’s communicated, it still counts as a threat.

If a person intentionally or knowingly threatens a person (or a person’s spouse) with imminent bodily injury they can be charged with assault by threat. In most cases, assault by threat is a Class C misdemeanor that carries a maximum penalty of a $500 fine.

If someone threatens to commit violence to a person or property with the intent to place a person in fear of imminent serious bodily injury, they can be charged with terroristic threat, a Class B misdemeanor. Criminal penalties can be a fine of up to $2,000 and/or up to 180 days in county jail.

Those penalties are nowhere near the prison time Mr. Harris could be facing. That’s because these are state charges, not federal charges.

A $500 fine may seem like a reasonable price to pay to get something off your chest, but remember, it’s not just a fine. It’s a criminal charge of assault on your record. And that will have long-term consequences every time you apply for a job or an apartment or need to undergo a criminal background check.

Every Criminal Charge Has a Defense

There are several words in the definition of the crime that holds the key to a defense … knowingly, intentionally, and imminent.

The prosecutor has to prove each of these elements:

  • That you intended a threat (not a joke, not an off-hand remark),
  • That you knew the person would perceive it as a genuine threat, and
  • That they would have a fear of imminent – soon – physical injury or pain

Talk to a Ft. Worth Criminal Defense Lawyer

If you take a plea for this crime and are later charged with another crime, you could face harsher penalties because you already have a criminal record. Fight the charges. Call the Ft. Worth criminal defense attorneys at Lee and Wood, LP: 817-678-6771 or contact us online.

Juvenile Criminal Charges Follow TikTok Challenge

Social media is no friend of teens. All across the country teenagers have been arrested and face juvenile criminal charges for participating in TikTok challenges. These young offenders got caught up in the social media rush for “clicks” and “likes” and found themselves in big trouble with their schools and the law.

Property Damage

  • A Florida teen was charged with criminal mischief and theft after participating in a TikTok challenge called devious licks (a “lick” is a successful theft). The 15-year-old stole and destroyed school property in order to film himself for the online challenge.
  • In Pennsylvania, three teens face criminal mischief charges for destroying school property.
  • In Virginia, one teen faces criminal charges and six students face school punishment for leaving school grounds to damage to public property at a nearby park.

In Texas, criminal mischief is charged for acts of vandalism and the destruction of someone else’s property. This can include graffiti, breaking the window of a car, scratching or keying a car, or breaking a door or window at a place of business or a home, for example.

A young person will be charged with criminal mischief for “pranks” in school, like plugging a school toilet or sink so it overflows, tearing soap dispensers off a wall, breaking a toilet, spray painting or writing on lockers or walls or a school bus.

The term “mischief” sounds like this isn’t a serious crime but depending on the amount of the damages and property losses, criminal mischief can be charged as a Class A, B or C misdemeanor. It could be charged as a felony if the damage to property was more than $1,500 or involved the use of a firearm or explosives.


An even more problematic TikTok challenge sweeping the nation involves “slapping a teacher.”

  • An 18-year-old Louisiana teen faces up to five years in lockup for felony battery for attacking her 64-year-old teacher. She can be charged as an adult.
  • A South Carolina teacher was hit in the back of the head by an elementary school student who was expelled, but no criminal charges were filed in that case.
  • Two 7th graders in North Carolina slapped a substitute teacher and the school district said it planned to petition the court for assault charges against the students.

These criminal shenanigans follow on the heels of last year’s TikTok “skull breaker” challenge that saw teenagers tricking their friends into falling.

  • A New Jersey student suffered a closed head injury and concussion with seizures after two 13-year-olds caused him to fall. The youngsters were arrested and charged with 3rd degree aggravated assault and 3rd degree endangering an injured victim.

Who is Responsible for TikTok Assaults? Not TikTok.

TikTok says that it doesn’t enable activities that violate the law. “We prohibit the trade, sale, promotion, and use of certain regulated goods, as well as the depiction, promotion, or facilitation of criminal activities, including human exploitation,” TikTok wrote on its website.

TikTok hasn’t been held liable for the costly and damaging effects of these teen challenges. It’s the teenagers who are being held accountable.

If you or your son or daughter is facing charges in juvenile court or adult criminal court for criminal mischief, property damage, or assault, call the criminal defense attorneys at Lee and Wood, LP: 817-678-6771 or contact us online.

Wildlife Violations: Texas Teens Cited for Taking Alligator Out of Season

Recently, three Texas teenagers were given a citation by a game warden for “taking” a 7-foot alligator in closed season. They caught the wild alligator at a popular fishing spot in Orange County and, according to news reports, after catching the animal they tried to enlist the help of another person to kill it.

The animal wasn’t killed. Instead, it was taken into custody by a nuisance control hunter. 

It was probably the thrill of a lifetime for these youngsters to capture such a dangerous wild animal. While not an endangered species in Texas, an alligator isn’t the kind of critter you come across every day so it wouldn’t be surprising to learn that they didn’t know the regulations for hunting alligator in TX.  

They probably didn’t even think they were hunting an alligator – until they were cited for a Texas hunting violation. After all, the alligator was just there in the fishing spot being a nuisance. 

TX Hunting Violations for Alligators

Some people are specifically tasked with handled “nuisance” alligators. They have a nuisance alligator control permit issued by the Texas Parks and Wildlife Department. And alligator hunting regulations say that if a person doesn’t have such a permit they may not “take, kill, transport, sell, or release a nuisance alligator, or offer to take, kill, transport, sell, or release a nuisance alligator.”  

State regulations say no one can hunt an alligator in the State of Texas unless they have a valid hunting license and a valid, unused alligator hide tag in their possession. A lot of private homeowners may not know these alligator hunting regulations and could run into trouble if they believe they can take immediate action against alligators on their private property. 

There are a number of other ways one can run afoul of alligator hunting regulations, such as: 

  • “Taking” more alligators than are allowed,
  • “Hunting” alligators out of season (some counties allow hunting in spring, some in fall), or at the wrong time of day,
  • Using the wrong kind of snare or weapon, and 
  • Failing to file a report.

If you or your son or daughter has received a wildlife citation for intentionally or unintentionally killing or ensnaring an alligator, call the criminal defense attorneys at Lee and Wood, LP: 817-678-6771 or contact us online. We handle all types of hunting and fishing violations in communities all across the state of Texas.

Unlawful Possession of a Handgun on School Property

A 16-year-old boy was recently arrested at his school after a handgun was found in his backpack. The student, along with a group of boys, had left a school bathroom and a teacher smelled marijuana. All of the students were taken to the principal’s office where a search uncovered the handgun. The student is now being held in juvenile detention awaiting a hearing.

This incident raises several important issues that would be helpful for parents to understand about the unlawful possession of a handgun on school property. 

Student Privacy Rights

The Texas Constitution says that students have a right to be free from “unreasonable” searches while on school property or while attending school activities. There needs to be a justifiable reason to search a student’s person or property before the search begins. And the scope of the search (their person, their locker, their car) needs to be reasonable as well. 

Learn more about student’s rights in searches from the Texas Association of School Boards.

Guns on School Grounds

Two federal laws regulate the possession of firearms in or within 1,000 feet of a K-12 school. And Texas state law prohibits people (with some exceptions) from taking an open or concealed firearm into a school building or any building or grounds where a school-sponsored activity is being conducted, or on a passenger vehicle operated by a school. 

Texas does not allow the keeping of a firearm, unloaded and locked, in or on a vehicle in a K-12 parking lot. Texas also allows guns to be carried on campus by law enforcement, school marshals, volunteer emergency services staff, and school resource officers, or those with special authorization.

It is a 3rd degree felony to carry a firearm on school property if a person is not lawfully allowed to do so.

Age and Guns

Although Texas gun laws have recently change, but age is still a relevant factor. The new law allows anyone aged 21 and older to carry a handgun as long as they don’t have a prior violent crime conviction or some other prohibition on their record.  

Know Your Rights

Hearing from a police officer that your child has been arrested is every parent’s worst nightmare. What is going to happen next? What rights does your child have? What can you do to protect his future?

One of the most important things a Ft. Worth juvenile defense attorney will do for a young person and his/her family is educate them. Having the facts, understanding the juvenile system and the process, and developing a plan to move forward can help with the anxiety everyone is feeling in this situation.

If your son or daughter has been arrested for unlawful possession of a handgun in the Dallas-Ft. Worth area, call the juvenile defense attorneys at Lee and Wood, LP: 817-678-6771 or contact us online. We will explain everything you need to know.

Teen Drug Crimes: Fentanyl-Laced Drugs Increasing Concern in Tarrant County

The Fort Worth Weekly reported in May that ambulance services have seen an increase in drug overdoses and emergency calls from teens who have taken pills containing fentanyl, a synthetic opioid that is 50 to 100 times stronger than heroin.

Where MedStar used to get 8-10 calls a month for drug overdoses, they have been fielding as many as 26 calls a month since January. Emergency responders say that young people think they are buying Xanax or Percocet or Oxycodone, but instead they are getting a pill with caffeine and fentanyl, which is cheaper for drug manufacturers to produce and sell. 

That’s what happened with two 16-year-old boys in Venus, Texas, who died of overdoses in April. They thought they were taking Oxycodone. Two other teens now face drug crimes charges for providing the pills. 

It’s easy for teens to get their hands on – and to share – these counterfeit drugs containing fentanyl. Drug dealers are selling them for as little as $5 a pill, according to the paper. 

A teen who has experience using Xanax or Oxycodone legally for anxiety or pain could easily find themselves in deep trouble buying a few pills from “a friend” or through a social media contact. 

A Fort Worth police officer who works in the schools said it’s not unusual for students to be offered the drug as a “sample” at teen parties. Some teen drug dealers who usually sell marijuana have added pills to their inventory.   

Young people selling fentanyl in Tarrant County are the “little guys” taking the fall for drug manufacturers and drug trafficking rings in Mexico and China. These Texas teens face the consequences while drug cartels make millions of dollars trafficking in deadly pills. 

Everyone accused of a crime deserves a strong defense. If your teen has been arrested for selling drugs, possession of fentanyl, or giving fentanyl to a friend (drug distribution), talk with a Fort Worth juvenile defense lawyer at Lee and Wood, LP. Call 817-678-6771 or contact us online