Carson County Money Laundering Case Dismissed
Mr. Lowe’s client was stopped by Danny Dawson, 100th Judicial District of Texas (Carson County, Donley County, Hall County, Collingsworth County and Childress County) Peace Officer for District Attorney Luke Inman travelling Westbound on IH-40. Officer Dawson was able to convince Mr. Lowe’s client to allow him to search the vehicle. Mr. Lowe’s client was travelling in a vehicle was New Jersey license plates. Officer Dawson found a secret compartment inside the floorboard underneath the passenger seat in the vehicle. Officer Dawson ultimately recovered approximately $55,693.00. Officer Dawson further investigated the money using his K-9 drug sniffing dog named “Solo.” “Solo” positively alerted to the cash money after the money was placed in a separate bin away from the vehicle.
On January 9, 2014, Officer Danny Dawson arrested Mr. Lowe’s client for Money Laundering in violation of Texas Penal Code 34.02(e)(2) which is a 3rd degree felony and Unlawful Use of a Criminal Instrument in violation Texas Penal Code 16.02, which is a State Jail Felony. The 3rd degree felony Money Laundering case is punishable from 2 to 10 years in the Texas Department Criminal Justice and a fine not to exceed $10,000. The Unlawful Criminal Instrument case is punishable from 180 days to 2 years in the Texas State Jail, which would be served day-for-day. Mr. Lowe’s client was already serving a Felony Heroin Distribution probation in New Jersey when Officer Dawson arrested him in Carson County, Texas. Mr. Lowe’s client bonded out of the Carson County jail and promptly retained Mr. Lowe to represent him. Mr. Lowe’s client made things all the more complicated for Mr. Lowe because he managed to get charged with and arrested for another Heroin Distribution charge in New Jersey approximately 6 months after the Carson County charge. Once Mr. Lowe was hired, he discovered that his client had given a full audio recorded confession to the Money Laundering charge. That is, Mr. Lowe’s client admitted that the majority of the money found in the secret compartment was proceeds from illegal Heroin sales in New Jersey. This confession was given to both Officer Danny Dawson and D.E.A. Task Force Officer (TFO) McNutt.
Mr. Lowe’s investigation revealed that some important evidence was not properly preserved during the Carson County investigation. Mr. Lowe also was able to show that Officer Dawson and TFO McNutt failed to properly admonish his client in violation of Texas Code of Criminal Procedure 38.22,Sec.2(a)(5). In this case, if it’s clear arrested person was not read ALL of his warning including the non-Miranda warning required by the Texas Legislature, the arrested person’s statements can be totally suppressed in Court. For example, the Corpus Christi Court of Appeals has held that when a Capital Murder suspect isn’t told he can “terminate the interview” at any time pursuant to 38.22,Sec.2(a)(5), the entire statement can be thrown out. See Nonn v State of Texas.
Mr. Lowe was able to have the Money Laundering case totally dismissed and his client only pled guilty to a Class “A” misdemeanor Unlawful Criminal Instrument case. Mr. Lowe’s client received a 2 year, unsupervised deferred adjudication probation. Mr. Lowe’s client was NEVER supervised by probation, never had to give a UA and never did any jail time.
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