Author Archives: Michael Lowe

Drug-Induced Homicide Prosecutions in Texas: Overdose Murders

Fentanyl arrests in Texas may soon come with specific felony murder charges. Fentanyl is changing things in Texas and across the country, as more and more law enforcement efforts are targeting the manufacturing and distribution of this particular illegal drug and controlled substance. For more, read our earlier discussions in Texas Governor’s Designation of Mexican Cartels…

Posted on by Arrest and Indictment, Drug Crimes, InDepth Articles, Sentencing |
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Federal Sentencing for Drug Couriers and Drug Mules

At perhaps the lowest rung of the organizational ladder for illegal cartel operations here in Texas and elsewhere is the courier or “mule.”  These are the people who physically transport or move stuff from one point to another.  Maybe it’s across international borders or over state lines.  It may be on foot (i.e., ingested); by…

Posted on by Drug Crimes, InDepth Articles, Sentencing |
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Marijuana Trends and Sentencing in the Federal System: New 2023 USSC Report

From a criminal defense standpoint, in federal matters it is extremely important not only to research statutes and court case precedent but to monitor federal agency actions and positions – especially within the Department of Justice (“DOJ”) or the Judicial Branch.  Things change with the times, and with administrations.  And these changes can impact how…

Posted on by Drug Crimes, InDepth Articles, Sentencing |
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Policy Changes in Charges, Pleas, and Sentencing for Federal Drug Crime Prosecutions: New AG Garland DOJ Directive

An internal memorandum from the Attorney General of the United States (“AG”) addressed to “all federal prosecutors” may not seem that powerful to some.  After all, it isn’t a new federal statute passed by Congress and it isn’t an Executive Order signed by the President.  Still, a single memo from the AG can cause major…

Posted on by Arrest and Indictment, Drug Crimes, Federal Government Watch, InDepth Articles, Sentencing |
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Encryption and Law Enforcement Investigations: Police Access to Encrypted Data

Last month, Apple announced its new end-to-end encryption for data stored by its customers in iCloud, Apple’s cloud storage service.  It’s being heralded as “police-proof” in the media.  Read, “Apple Set to Launch New, Police-Proof, Full End-to-End Encryption,” written by the Associated Press and published in the Daily Sabah on December 9, 2022. Apple explains…

Posted on by Child Pornography Charges, Drug Crimes, Evidence, InDepth Articles, Search and Seizures, Sex Crimes, Trafficking Charges, Weapons Charges |
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Bail after Federal Arrest in Texas and The Bail Reform Act of 1984

Bail after an arrest by federal law enforcement is very different than when someone enters the state criminal justice system.  Texas bail is allowed much more often than it is in federal court.  It’s not that bail is not routinely considered a part of federal matters.  News coverage is filled with federal bail stories. This…

Posted on by Arrest and Indictment, Bail Bonds, Drug Crimes, InDepth Articles, Trafficking Charges, Weapons Charges |
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Jalisco New Generation Cartel Arrests in Texas: 2023

The amount of law enforcement effort at every level (state, federal, international) to try and combat the growing global business empire of the Jalisco New Generation Cartel is undeniably extreme and well-funded.  From a criminal defense perspective, few governmental efforts in recent memory have had this zeal and scope. In 2023, we should expect a…

Posted on by Arrest and Indictment, Drug Crimes, InDepth Articles, Money Laundering Charges, Trafficking Charges, Weapons Charges |
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New University of Chicago Study’s Shocking Revelations of Federal Bail Injustice: Systemic Errors and the “Culture of Detention”

Arrests are always serious. After all, individual freedom is taken away.  A permanent and public criminal record is created (or grows).  Careers can be lost, and relationships can end — just because of an arrest. Experienced criminal defense lawyers have seen all too often how “innocent until proven guilty” may not matter to supervisors, deans,…

Posted on by Arrest and Indictment, Bail Bonds, Federal Government Watch, InDepth Articles |
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The Importance of a Probable Cause Affidavit in Texas Criminal Defense

For the general public, learning about probable cause affidavits in criminal matters often comes from news stories of court orders sealing the affidavit from public view in high-profile cases.  Two recent examples:  first, the ongoing media coverage of a probable cause affidavit alleging criminal acts that led to a federal search warrant being issued of…

Posted on by Arrest and Indictment, InDepth Articles, Search and Seizures |
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Fentanyl Charges Under Federal Law: Felonies and Range of Sentencing 

Fentanyl is a primary focus of both state and federal law enforcement today.  The illegal manufacture, distribution, sale, or possession of fentanyl is a serious drug crime in both jurisdictions.  Right now, Texas’ Operation Lone Star has the state governor mandating state and local law enforcement dedicate significant time and effort to investigations and arrests…

Posted on by Drug Crimes, InDepth Articles |
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