Author Archives: Michael Lowe

Health Care Fraud Defense: Arrests Based Upon Medicare, Medicaid, or TriCare Insurance Claims

Defending Against Allegations of Fraudulent Billing to Federal Benefit Programs Health care providers in the State of Texas seeking reimbursement or payment for services rendered to persons in their care or charge must understand they are vulnerable to investigation and prosecution by either federal or state law enforcement for health care fraud crimes.  Suspicion can…

Posted on by Health Care Fraud, InDepth Articles |
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DWI Accidents in Texas: Criminal Defense after Drunk Driving Crash Charges

Defense Challenges to Improper or Insufficient DWI Arrests and Prosecutions In Texas, in any motor vehicle accident, car crash, or traffic collision where a driver is arrested and charged with driving while intoxicated (“DWI”), he or she faces serious criminal consequences under Texas law.   When is a driver considered to be legally intoxicated and vulnerable…

Posted on by DWI, InDepth Articles |
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Coronavirus in Texas Jails and Federal Prisons: Release Pending Trial

The Coronavirus Pandemic is unprecedented in its impact upon our lives, and this includes the criminal justice system.  The danger of coming into contact with COVID-19 is so great that “Stay at Home” Orders have been issued for Collin, Dallas, Denton, and Tarrant Counties as well as other communities across the state. The Incarcerated are…

Posted on by Bail Bonds, Federal Government Watch, InDepth Articles |
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Grand Jury Proceedings in Texas: Indictment and Defense 

An overview of Grand Jury Proceedings from a criminal defense lawyer’s standpoint. There are two kinds of juries in Texas:  “petit juries” and “grand juries.”  In criminal cases, a “petit jury” is selected to serve in a particular trial in order to decide on the defendant’s guilt or innocence.  A “grand jury” never makes that…

Posted on by Arrest and Indictment, Expungement, InDepth Articles |
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Examining Trials in Texas

Innocent people can be arrested. Wrongful arrests happen, too, where police officers, sheriff’s deputies, or federal agents arrest people with insufficient “probable cause” to do so, in violation of the individual’s federal and state constitutional rights.  For details, read “What is Probable Cause For Police to Arrest in Texas?” When these are felony arrests made…

Posted on by Arrest and Indictment, InDepth Articles |
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What is Probable Cause for Police to Arrest in Texas?

Constitutional protections demand that probable cause exist before there can be a valid arrest. Probable cause is a term originating in our federal constitution which has been adopted in the Texas constitution.  It is a tough, longstanding constitutional safeguard guaranteed by both our state and federal Bill of Rights. Specifically, both constitutions decree no member…

Posted on by Arrest and Indictment, InDepth Articles |
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Don’t Ever Talk to the Police! Never Give a Statement to Law Enforcement in Texas Criminal Investigation

Additional Information Provided in Addition to my YouTube video On television and in the movies, people are always giving statements to the police.  In all the versions of Law & Order, for instance, the police are taking statements from people with or without their lawyer being present.  In fact, it’s hard to remember an episode…

Posted on by Arrest and Indictment, InDepth Articles, Texas Government Watch |
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Can Texas Criminal Defense Lawyers Rely Upon Jury Questionnaires in 2020?

The Aftermath of Fort Worth Court of Appeals Decision in Badger   Here in Texas, jury selection begins down in Austin.  The Secretary of State’s Office combines (1) each county’s list of registered voters with (2) those whose residence address on their Texas Driver’s License or Texas Identification Car is within the county’s jurisdiction, according…

Posted on by Court Opinions, DA Watch, InDepth Articles |
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The Crime of Continuous Sexual Abuse of a Child, Texas Penal Code 21.02(c) Part Two of Two: Is Texas’ Version of Jessica’s Law Unconstitutional?

Criminal Defense Discussion of Constitutional Challenges to Texas’ Version of Jessica’s Law Recently a petitioner took his case to the highest court in the land, the Supreme Court of the United States (SCOTUS), asking the High Court to consider whether or not the Texas statute enacting the Lone Star State’s version of Jessica’s Law violates…

Posted on by InDepth Articles, Sex Crimes |
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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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