Criminal Law Blog

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…

The Forfeiture Epidemic: When the Government Just Takes Your Property and Keeps It

Many people here in Dallas and around the State of Texas naively assume that their property is theirs, protected by state laws and the federal Constitution from being taken from them without legal due process. They are wrong. There are laws on the books, passed by the Texas Legislature and the U.S. Congress, that allow…

Report on Forfeiture Abuse by State and Federal Law Enforcement Added to Michael Lowe Digital Library Today

Today, a report detailing the abuses of civil forfeiture laws by law enforcement officials in Texas and around the country, including federal agencies, was added to Michael Lowe’s collection in his Digital Library: Policing for Profit, The Abuse of Civil Asset Forfeiture by Institute for Justice 2010

Police Brutality in Texas? Robert Tolan Wins as 1983 Excessive Force Case Returned to Trial by US Supreme Court

Robert Tolan fights for justice.  How many other Texans have 1983 excessive force cases against police officers that they are afraid to file? Earlier this month, the United States Supreme Court reversed the decision of our own Fifth Circuit Court of Appeals (the federal appellate court that grades the papers of federal criminal trial courts…

Money Laundering Arrests Very Common – Sometimes in Surprising Situations

Watch any of the popular crime shows and you’ll think that money laundering involves huge amounts of cash, usually stacks of dollar bills bound together in plastic – with the good guys finding the stash in the back of the bad guys’ van, or condo, or plane. There’s probably some shoot out, maybe an explosion…