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Recently there has been a lot of discussion about the sentences that certain individuals receive in connection with drug convictions. Earlier this year Attorney General Eric Holder announced that many who had previously been convicted of low level, nonviolent drug crimes would be released from prison. In addition, going forward, authorities were directed to concentrate on the violent drug offenders when it comes to prosecuting. There are likely many reasons for the change including overpopulated prisons and sentences that were too harsh for the crime. Earlier this week President Obama took a different type of action, for at least one of the same reasons, which resulted in eight individuals being freed from prison. They had all been convicted of crack cocaine offenses prior to the Fair Sentencing Act of 2010 going into effect. Before 2010 individuals sentenced for crack cocaine offenses faced more harsh penalties than those who were arrested for the same crime, except involving the powder form of the drug. The federal sentences for that form of the drug were less severe than for the crack cocaine version. All eight of the individuals whose sentences were commuted had spent a minimum of 15 years in prison. Most would likely agree that the difference between the two sentences needed to be addressed. Prior to the change, the sentence for being convicted of having five grams of crack cocaine in one’s possession resulted in the same mandatory prison term that someone caught with 100 times as much powder cocaine faced. The previous law had an unintended impact in another way as well. Because individuals of African-American descent were more likely to be in possession of crack cocaine and white people to be caught with it in powder form, African-American individuals were facing more time in prison. There are many who would like for the president to grant clemency to more incarcerated individuals. Whether that will happen remains to be seen. Source: El Paso Inc., “Obama commutes sentences for 8 drug convictions,” Associated Press, Dec. 19, 2013

There are a variety of situations where arrests for alleged drug crimes could occur. In some cases, they follow a raid. This was the case for 16 individuals who were arrested last month in several cities, including El Paso. The raids and arrests were the product of ongoing drug investigations that were carried out by multiple agencies, including the Drug Enforcement Administration and various police departments. A total of 13 individuals were arrested in El Paso. According to a DEA official, those arrested are tied to drug cartels or a gang. The specific charges those arrested face are unclear, as are the type of drugs and the amounts allegedly involved. Should the charges involve drug trafficking, possession with intent to distribute, or conspiracy, it is likely that the penalties accompanying a conviction would be serious. Because of this, those facing such drug crimes usually find it in their best interest to work with a criminal defense lawyer who handles drug crimes. The information uncovered in the course of the investigations conducted prior to the raids and arrests is not known either. With so many people involved, it is possible individuals with little or no involvement in the alleged activities may have been arrested. While it is, of course, important for all individuals facing drug charges to defend themselves, it is particularly true for individuals in this type of situation. The way in which a drug charge will be resolved depends on a variety of factors. It is possible that it could go to trial. In other situations, a deal between the accused and the prosecution is reached ahead of time. The best way to proceed in such cases is dependent on each person’s individual circumstances. Source: El Paso Times, “16 arrested in DEA, El Paso police raids,” Daniel Borunda, Nov. 14, 2013

Individuals facing criminal charges should realize that charges alone do not equate to a conviction. An El Paso man who was on trial for aggravated robbery can attest to that firsthand. A jury recently acquitted the man of the charges. The prosecution alleged that the man stole a man’s vehicle by pretending to be a police officer. In reaching its decision, the jury deliberated for an entire day. While the man was likely relieved by that outcome, he must still address other, unrelated criminal charges that are pending. These charges are tied to the man’s attempt to flee a sheriff’s detective who was attempting to arrest the man on an outstanding warrant. In the course of fleeing, the man took the detective’s vehicle. The SWAT team was eventually called in to assist and the man was arrested. In the course of the chase, the man was shot in his hand. Whether that trial will end the same way as the most recent one remains to be seen. It is likely that the man’s recent success was in large part due to the person he hired to represent him. As the man’s previous case illustrates, a jury trial could go either way. The decisions of juries are based on a variety of factors, including the evidence provided by both sides of the case. Since the consequences one faces upon a conviction could be severe, most find that it is worth the time and money to work with a lawyer who understands the criminal system. Source: El Paso Times, “El Paso County manhunt suspect acquitted of aggravated robbery,” Adriana M. Chávez, Nov. 14, 2013

Despite decades of progress in regard to women’s rights, female employees regularly experience various forms of both intentional and unintentional pregnancy-related discrimination in the workplace. One reason why this trend is so disturbing is that it serves absolutely no one’s best interests. Companies and their managers may believe that this form of discrimination serves a larger financial bottom line. But the truth is that adequate maternity leave and a discrimination-free workplace benefit both female employees and businesses alike. Some women hesitate to inform their employers about their pregnancies out of fear that they will be harassed or discriminated against. When employers provide a supportive environment, they not only respect the boundaries of pregnancy-related employment law, they inspire female workers to inform the company of their pregnancies earlier on. This allows their teams to have adequate time to prepare for their time off. When a female employee leaves on maternity leave, her job is protected by law. As a result, it rarely makes sense for managers to go through the process of hiring and training another individual to fill her spot for only a few short months. In order to cope with her absence, fellow co-workers are often inspired to find creative solutions to deal with her temporary absence. They may also be inspired to stretch their own limits and work more cohesively as a team in order to get the job done in new ways. By the time the female co-worker returns, her team is stronger, wiser and more innovative. On its face, maternity leave may seem like a negative situation for companies. But when managers provide a supportive environment for pregnant women, the company and morale among its employees may be significantly impacted. And when employees feel supported, they are almost always inspired to do better work and contribute to achieving the company’s bottom line. In the end, a work environment free from pregnancy discrimination is a win-win for everyone involved. Source: USA Today, “On the Job: Maternity leave can be good for mom, firm,” Anita Bruzzese, Oct. 13, 2013

For many people in the El Paso area, the thought of being arrested for drunk driving is devastating. In addition to the shame and judgment someone accused of that crime might find that he or she is facing, there are also other consequences that could arise, such as fines and jail time. For those who offend once, the experience may be enough to deter them from ever finding themselves in that situation again. This is not always the case, however. An El Paso man was recently arrested for the sixth time for drunk driving. The arrests of the 29-year-old man have been spread over the course of nearly a decade, beginning in 2004. Though it is unclear just what exactly he was doing at the time of the previous arrests, this last time his car was found at a fast-food restaurant drive-through. At the time, he was asleep. The man’s previous experiences do not seem to have affected his thoughts surrounding driving a vehicle while intoxicated. After the third time he pled guilty to the activity, he was sentenced to two years in prison. It is unclear how long he spent there or what the consequences were for the other arrests. As is the case in any DWI case, it is a good idea for the accused to hire an attorney to try to minimize consequences and reach a result that is in the best interest of the person facing the charges. At this point the man would probably benefit the most from being enrolled in a treatment program. A criminal defense lawyer could potentially make this part of the consequences he faces. Source: KFOX TV, “Drunken driver:  Six arrests and still on the road,” Melissa Gundersen, Nov. 5, 2013

Each day individuals living in the El Paso area find themselves facing charges in connection with violent crimes. The specific charges may take a variety of forms including aggravated assault, domestic violence and sex crimes. Depending on a variety of factors including the nature of the violent crime as well as the severity of the injuries suffered by the alleged victim, the consequences for a conviction vary. Aggravated assault is an assault that involves the threat of violence with a weapon. It is sometimes referred to as assault with a deadly weapon. Because these charges are due to the threat of physical harm, evidence is often in the form of verbal testimony wherein accounts may be conflicting. Another matter that could be at issue in a trial is whether the weapon allegedly used in the threat is considered to be a deadly weapon under Texas law. There may be many things behind an event that leads to domestic violence charges. These charges are often very emotional as the alleged event prompting them involves family members. The consequences for even an allegation of domestic abuse can be life-changing, such as when a restraining order is filed. Things only become more serious if a conviction is obtained. Collateral consequences are a potential possibility where sexual assault is alleged as well. A charge alone could leave many feeling labeled by society and a conviction usually results in one having to register as a sex offender. While such a registration does not mean much while someone is serving time in prison, upon release, the conditions accompanying it will have a big impact on how someone is able to live his or her life. Because the consequences for a conviction on any of these types of violent crimes can be severe, it is important to take violent crime charges seriously. For more information regarding how to defend oneself from a violent crime allegation, please visit our assault and violent crimes page.

Texting while driving has been shown to slow drivers’ reaction times even more than drunk driving. Texting behind the wheel is a significant car accident risk, and it has been banned in many states but not here in Texas. Although texting while driving is not completely outlawed by the state of Texas, texting can and does still lead to distracted driving accidents, and those who cause such accidents may be held responsible. In states where texting while driving is banned, many drivers disobey the bans. A study recently suggested that 80 percent of college students text and drive, even though they admit that they are aware of the risks. Previous studies have shown that almost 50 percent of adults text and drive. This more recent study found that male college students are more likely to text behind the wheel than female students. Researchers concluded that many males downplay the risks of texting because they think that they are better drivers than others. Two researchers, Garold Lantz and Sandra Loeb, were quoted by Business Insider explaining: “There seems to be a mentality that use of electronic devices is dangerous for everyone but ‘me.'” Of course, texting while driving is dangerous for all drivers. It is also dangerous for all passengers, and everyone else on the roads and near the roads. When a person decides to text and drive, they are putting many others at risk. While it is not yet outlawed for all drivers in Texas, it is important to recognize the risks of texting and driving for what they truly are. Someone who is texting while driving raises his or her risk of getting into a wreck by 23 times. The Centers for Disease Control and Prevention has reported that more than nine people are killed every day in the U.S. due to distracted driving; 3,000 teenagers die because of texting and driving every year. Texas drivers need to take these risks seriously. Those who are injured by texting drivers should seek legal advice about their rights. Source: Business Insider, “80% of College Students Text And Drive Even Though It’s Worse Than Driving Drunk,” Michael Kelley Oct. 13, 2013

While many of the drug arrests that occur in El Paso involve street drugs such as heroin, cocaine, or marijuana, these are not the only drugs that an arrest could be connected to. In fact, recently law enforcement in El Paso County arrested nearly three dozen individuals for offenses related to prescription fraud. The arrests were the result of an investigation that lasted over two years, commencing in June 2011. The investigation was done in conjunction with multiple other state and federal agencies. The 33 individuals who were arrested, who are between the ages of 21 and 68, are accused of obtaining the following drugs in a fraudulent manner: According to law enforcement, the prescription drugs were obtained a variety of ways including “doctor shopping”, stealing prescriptions, fake prescriptions and altering prescriptions. The investigation into the matter was the result of tips pharmacists provided. In addition to the drug charges, some individuals also were charged with engaging in organized criminal activity. A district attorney for the El Paso County District Attorney’s Office indicated that the charges the arrested individuals face could result in a fine of up to $10,000 and 25 years in prison. Clearly these are circumstances that no one wants to have to face. The best chance someone has of avoiding them is to mount an aggressive defense. Most find the most effective way of doing this is to work with a criminal defense lawyer who has handled similar cases in the past. Source: El Paso Times, “More than 30 arrested in El Paso County prescription drug fraud case,” Adriana M. Chávez, Sept. 18, 2013

Title VII of the Civil Rights Act protects people here in Texas from being discriminated against in hiring as well as in the workplace. It specifically bars discrimination on the basis of race, national origin, color, sex and religion. While all of these types of discrimination have been outlawed since 1964, many people do still face illegal employment discrimination right here in El Paso. One type of employment discrimination that it appears many people struggle with is that of religious discrimination. This is because the law not only requires employers to treat employees and applicants of different religions fairly, but it asks employers to accommodate expressions of religious beliefs. A lawsuit that was recently filed against an energy company is a great example of this. The U.S. Equal Employment Opportunity Commission has sued an energy industry employer for forcing a longtime employee to retire after he made a request for a religious accommodation. The man was working as a laborer in a mine when the company began asking employees to track their hours with a biometric hand scanner. The laborer, an Evangelical Christian, had been with the company for more than 35 years before the new time-tracking machine was installed. He asked his supervisor if he could be excused from using the machine because it was in contradiction to his religious beliefs; specifically, he said, the technology of hand scanning is linked to the antichrist, as per the New Testament’s Book of Revelation. The man asked if he could go back to submitting his attendance records the way he had done before the hand scanner was installed. The company refused to make an exception to its practices for this man, and thus forced him into retirement, according to the lawsuit. While this laborer’s request likely seems odd to those who do not share in his religious beliefs, federal employment law requires employers to make religious accommodations so long as they do not cause a significant hardship for the employer. More common religious accommodations include things like altered schedules in order to attend church services, dress-code exceptions in order to wear religious headscarves, and being excused from prayers that take place at work. As noted above, however, the important thing is not whether a request is popular, but whether the accommodation would place an undue burden on an employer. Source: U.S. Equal Employment Opportunity Commission, “EEOC Sues Consol Energy and Consolidation Coal Company for Religious Discrimination,” Sept. 25, 2013

Several weeks ago Attorney General Eric Holder announced his intention to seek changes to the federal mandatory minimum sentences for certain individuals charged with drug crimes considered to be nonviolent and low-level. At that time he indicated that individuals facing federal drug charges should not be charged with those tied to mandatory minimum sentences. Since that initial announcement, lawmakers have addressed the issue as well. A hearing on the matter was planned this week by the Senate Judiciary Committee on two bipartisan bills. The idea behind each of the bills is that judges would have discretion regarding when a drug crime conviction would result in a mandatory minimum sentence. The fact that the issue has support on both sides of the aisle could mean that laws regarding the matter could be passed by the end of the year. There are multiple reasons why people are interested in pursuing changes to the mandatory minimum sentences in question. One of the largest is undoubtedly the expense tied to housing each prisoner. It currently costs between $21,000 and $33,000 annually per prisoner. Approximately 50 percent of the 218,000 federal prisoners are there as a result of mandatory minimum sentencing tied to a drug offense. These proposed changes could make a big difference for people throughout the nation, including El Paso, Texas, who are facing drug charges at the federal level. Depending on the circumstances surrounding each person’s arrest, it is possible that if convicted, someone would find a better result than in the past. Source: El Paso Inc., “Congress looks to relax mandatory prison terms,” Associated Press, Sept. 17, 2013

Drunk driving arrests occur in cities throughout the state of Texas each day. There are a variety of catalysts behind those arrests. Sometimes checkpoints are set up. Other times law enforcement pulls a driver over as a result of the way in which their car is operating on roads. On other occasions, drunk driving arrests come after a motor vehicle accident occurs. A 33-year-old man was arrested last month in El Paso after one such crash. The single vehicle accident occurred when the driver lost control of his car. A passenger in the vehicle at the time of the crash was injured in the incident, which necessitated the amputation of a finger. The driver was arrested as a result of what law enforcement officers described as “numerous signs of intoxication.” He was charged with intoxicated assault with a vehicle causing serious bodily injury. The signs of intoxication were not laid out and it is unclear whether the police responding to the scene performed a field sobriety test or the man consented to a Breathalyzer test. These factors could influence the way in which the man defends himself against these charges. While the circumstances surrounding drunk driving arrests vary, all criminal charges involving drunk driving need to be taken seriously. In addition to license suspension and hefty fines, a DWI conviction could result in prison time. Working with a lawyer who routinely handles these types of cases is usually the best way to avoid conviction or, in the alternative, minimize the consequences. Source: El Paso Times, “Driver arrested after East El Paso rollover crash seriously injures passenger,” Adriana M. Chávez, Aug. 26, 2013

Over the past few years, traffic fatality rates in the U.S. have begun to spike among certain populations. Despite this heightened danger, a recent study conducted by AAA indicates that American motorists are significantly less concerned about potential accident risk factors. This perception-related trend may be cause for serious concern. When motorists are lulled into a false sense of security regarding their potential for being involved in car accidents, they may behave less attentively and inspire accidents themselves. According to the AAA survey, motorists are far less concerned about aggressive, drunken and drowsy driving risks than they were when AAA conducted a similar survey four years ago. They are also six percent less concerned about distracted driving, which is now the number one contributor to preventable car accidents across the country. Astonishingly, even though four out of every five drivers surveyed consider the choice to text and drive to be completely unacceptable, 25 percent of respondents admitted to engaging in this behavior over the previous month. AAA’s president and CEO recently explained the true significance of the survey’s findings. He noted that, “Motorists may be growing more complacent about potential safety risks behind the wheel. A ‘do as I say, not as I do’ attitude remains common with many motorists consistently admitting to engaging in the same dangerous behaviors for which they would condemn other drivers.” It is critical that American motorists remain educated about safety hazards plaguing America’s roads and about behaviors to avoid so that they do not become part of the problem. The moment that we believe we are immune from accidents because our dangerous behavior is somehow uniquely acceptable is a moment that we become significantly less safe than we were when we remained cautious. Source: KJRH, “AAA Foundation for Traffic Safety releases survey results of distracted, bad driving habits,” Aug. 22, 2013