Author Archives: Michael Lowe

The Crime of Continuous Sexual Abuse of a Child, Texas Penal Code 21.02(c): Part One of Two

Criminal Defense Overview of Texas’ Version of Jessica’s Law In February 2005, a nine-year-old girl named Jessica Lunsford was abducted from her bed in her family home’s in Homosassa, Florida.  Her body was discovered buried in a shallow grave, shrouded in a garbage bag, behind the mobile home where a neighbor named John Evander Couey…

Posted on by InDepth Articles, Sex Crimes |
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Time Credits and Freedom from Federal Prison: Is the Justice Department Thwarting Early Release for Inmates Under the First Step Act?

A year has come and gone since the First Step Act (FSA) was passed to change the way that federal prisoners can achieve an early release from prison.  Officially, the First Step Act of 2018 became law on December 21, 2018. See generally, First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194,…

Posted on by InDepth Articles, Sentencing |
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Cyber Crimes, Computer Crimes, Internet Arrests: Texas Criminal Defense Overview

Crimes involving computer use and accessing the internet can involve all sorts of criminal activity, but they come with their own separate criminal charges and punishments. The aspects of cybercrime defense are widespread because of the range of activity underlying the internet usage made the basis of the charges.  From money laundering or child pornography…

Posted on by Cyber Crimes | Internet Fraud, InDepth Articles |
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Weapons Charges in Texas: Gun Laws and Gun Crimes under Texas Law

Sometimes, just possessing a piece of property can get you arrested in Texas if it is an “illegal weapon” under the law.  Of course just because something can be used as a weapon, that’s not enough to put you at risk of being charged with a crime here in Texas.  There are many things that…

Posted on by InDepth Articles, Weapons Charges |
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Fraud Charges: Texas Criminal Defense Overview

Fraud can mean many things, but for our purposes it involves an illegal act as defined by state or federal law.  Almost a century ago, the Supreme Court of the United States (SCOTUS) explained that to commit the crime of fraud is “to defraud” someone, by “… wronging one in his property rights by dishonest…

Posted on by Fraud Charges, InDepth Articles |
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Texas Drug Crimes: Criminal Defense Overview

Drug arrests in the State of Texas can be based upon either federal or state drug laws.  These are crimes defined within two completely separate jurisdictions needing distinctly different defense strategies. From a criminal defense perspective, the outcome can be very different for someone arrested for state drug crimes compared to those who are charged…

Posted on by Drug Crimes, InDepth Articles |
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ICE Holds, Bail Bonds, and Getting Freed from Jail in Texas

Arrests are not the same as being charged with a crime.  For instance, a police officer (or sheriff’s deputy or state trooper) can pull someone over here in Texas and place them under arrest.  Here is when the Miranda rights must be given to the accused, which include explaining that the person has a right…

Posted on by Arrest and Indictment, Bail Bonds, Federal Government Watch, InDepth Articles |
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Sex Crimes in Texas: Criminal Defense Overview

Allegations of sex crimes under either state or federal law can destroy lives, even before charges are filed. A single sex crime conviction can follow someone for the rest of their days. The need for a vigorous and aggressive criminal defense cannot be underestimated. What is a Sex Crime? It’s not that easy to define…

Posted on by InDepth Articles, Sex Crimes |
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New Texas Sex Crimes:  The Online Prostitution Laws Effective September 1, 2019

Texas Penal Code Amended to Address Human Sex Trafficking Over the Internet Human trafficking laws exist at both the federal and state levels; anyone arrested on these charges faces serious felony time if convicted.  However, the reality has been that federal prosecutions have been fiercer and with more bite than those charges at the state…

Posted on by InDepth Articles, Sex Crimes, Texas Government Watch, Trafficking Charges |
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Fort Worth Federal Judge John McBryde Child Porn Downward Departure Sentence

Mr. Lowe’s client was investigated by the Fort Worth Police Department (FWPD) officer assigned to Crimes Against Children Unit who was conducted an investigation of a peer-to-peer file sharing network.  The file sharing network being investigated was called eDonkey.  eDonkey required its users to download file sharing software called Shareaza.  This software enabled the users…

Posted on by Case Results, Child Pornography Charges, Sentencing, Sex Crimes |
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