Carson County Felony Money Laundering Case Reduce to Misdemeanor Money Returned
Mr. Lowe’s client was arrested driving slightly over the speed limit westbound on Highway I-40 near Panhandle, Texas in Carson County. The local DPS trooper stopped him for speeding. It is well known that DPS troopers in this area are highly trained in drugs, narcotics, money laundering and weapons interdiction. Based on Mr. Lowe’s experience handling several other cases in Carson County, Texas, The Carson County District Attorney is also highly trained and skilled at major asset forfeiture and major violations of the Texas Health and Safety Code article 481, including large marijuana, cocaine, heroin and methamphetamine Possession cases.
Mr. Lowe’s client refused to consent to the DPS trooper’s search of his truck. After about 20 minutes waiting on the drug dog to arrive and being interrogated by the trooper about the client roadtrip from Michigan through Texas, the DPS trooper believed he had reasonable suspicion or probable cause to conduct a search based on the free air search done by the local DPS canine unit. The DPS trooper found a present wrapped in the client’s trunk containing $167,000 in cash US Currency. The DPS trooper then seperated the US Currency from the vehicle and conducted a second free air search with the US Currency inside of bins. The DPS trooper believed the canine hit on the currency indicated it’s use in a drug related transaction. Thereafter, Mr. Lowe’s client gave a full confession which was legally obtained in compliance with article 38.22 of the Texas Code of Criminal Procedure. In his confession, Mr. Lowe’s client stated that the money was drug money that he intended to use for the purchase of a large marijuana shipment from California to Michigan where he lived. Mr. Lowe’s client was then taken to the Carson County jail, arraigned and later indicted for Money Laundering/Illegal Investment under Texas Penal Code article 34.02 an amount between $100,000 and $200,000 which is a second degree felony. Mr. Lowe’s client had no serious criminal history and was looking at up to 20 years the penitentiary and an optional fine not to exceed $10,000. The Carson County District Attorney also filed a forfeiture petition under article 59 of the Texas Code of Criminal Procedure wherein he claimed the moneys were the fruit of illegal drug trafficking activities.
Mr. Lowe contested the forfeiture Petition and also filed a Motion to Suppress on the 2nd degree felony Money Laundering case. Mr. Lowe’s Motion to Suppress claimed that the DPS trooper’s detention was illegal and therefore all of the evidence in the case should be thrown out. Shortly before the hearing on the Motion to Suppress, Mr. Lowe was able to get the Carson County District Attorney to reduce the charge to a class A misdemeanor and return a large amount of the forfeiture moneys back to the client. Mr. Lowe’s work over the course of 18 months resulted in his client getting an unsupervised deferred adjudication probation on a class A misdemeanor offense. Mr. Lowe will be able to seal his client’s record in a short time frame.
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