Criminal Law Blog

Supreme Court Says No to Police: Cops Cannot Search Cell Phones Without a Warrant

This morning, the United States Supreme Court issued its opinion in Riley v. California (joined with United States v. Wurie), two cases we’ve been monitoring for a long while now.  This is very big deal for all Americans and very good news for anyone arrested in the United States with their cell phone in their…

TEXAS SEX OFFENDER DEREGISTRATION SYNOPSIS: OVERVIEW AND STEPS FOR NAME REMOVAL

How and why sex offenders can deregister and legally remove their names from the Texas sex offender registry Texas law not only requires defendants convicted of certain sex crimes to register with the government as a sex offender; as of 2005, the Texas Legislature has also provided a procedure for individuals to have their names…

Sexual Assaults on Campus: SMU Investigated by Feds for Failure to Properly Deal with Campus Rape Crimes

Last month, the federal government made public a list of 55 colleges and universities that the federal authorities are investigating for illegally and improperly dealing with sexual assault and sex crime complaints by students to the school powers-that-be. Specifically, the Department of Education is looking into whether or not there have been civil rights (Title…

PRE-ARREST CRIMINAL INVESTIGATIONS

Pre-Arrest Texas Criminal Investigations: Police Investigations, Federal Investigations before Arrest As a Texas Board Certified Criminal Lawyer, I have experienced first-hand the lengths to which criminal investigators, law enforcement agencies, and police officers can go to try and find enough documents, paperwork, and witness statements to attempt and put together enough evidence to arrest or…

TEXAS DWI DEFENSES TO B.A.C. BLOOD TEST RESULTS (MAY WORK FOR OTHER STATE DRUNK DRIVING DEFENSES, TOO)

Criminal defense challenges to BAC blood test results in Drunk Driving prosecutions If you have been arrested or charged with driving while intoxicated (DWI) in the State of Texas, and your blood test result comes back at 0.08 g/dL or higher blood alcohol content (”BAC”) , then what’s left for your defense? Once you’ve had…

TOP 10 DEFENSE MISTAKES IN FEDERAL CONSPIRACY CASES AND HOW TO AVOID THEM

Tips on Defending Against Federal Conspiracy Charges by an Experienced Criminal Defense Lawyer As a Texas Board Certified Criminal Lawyer, I have practiced criminal law exclusively for over twenty years in the State of Texas, where federal prosecutions are almost as commonplace as state and local charges. For example, 2 of the top 5 federal…

Dallas County Second Degree Felony Serious Bodily Injury Case Reduced to Class “C”

Mr. Lowe’s client was arrested and charged with Assault/Family Violence wherein Dallas Police accused her of kicking her sister-in-law.  Her sister-in-law lost her two front teeth, which is consider a “serious permanent disfigurement” under the definition of Serious Bodily Injury in Texas Penal Code 1.07(46). Mr. Lowe’s work resulted in his client’s case being reduced…

Lessons of The Gas Pipe Bust: Traffic Stop Leads to Major Synthetic Marijuana Bust and Big Federal Forfeiture Grab

It all began with a simple traffic stop back on December 4, 2013.  That’s when a Denton County Deputy Sheriff pulled over a Ford pickup truck and asked the driver if he could search the vehicle. The driver said okay, and the Deputy Sheriff discovered stuff used to grow marijuana, as well as marijuana residue…

Seal Broken by Judge Today and Now We Know How The Police Are Eavesdropping on Public With Stingray Devices

For a long while, criminal defense lawyers along with civil rights activists as well as citizens who have been arrested by law enforcement in Police Departments all over the country have known that police have been using new technology to eavesdrop on phone calls and text messages. That’s not news. It’s been a real big…

SYNTHETIC DRUG BUSTS: FEDERAL ARRESTS FOR FAKE POT AND DESIGNER DRUGS THAT ARE LEGAL UNDER STATE LAW

Did You Know That Synthetic Drugs are Illegal Under Federal Law – No Matter How Legal They’re Promised to Be? Synthetic marijuana, synthetic drugs, designer drugs — maybe you recognize them with names like Spice, K2, “herbal incense,” “bath salts,” Molly, or Scooby Snax.  They have never been more popular than they are today here…