In Texas, both state and federal law enforcement are keenly focused upon the investigation and prosecution of all varieties of health care fraud, which can result in serious prison time upon conviction. From a criminal defense standpoint, this investigatory zeal into the medical industry is of serious concern in part because of its impact long…
Law enforcement is more likely to investigate Texas health care providers for certain activities known to be targeted by prosecutors. Health care is big business in this country. The U.S. medical industry is defined as not only involving (1) those providing medical services, but also (2) manufacturers of medical equipment or drugs; (3) providers of…
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…
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…
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…
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…
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…
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…
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…
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…
