Category Archives: Arrest and Indictment

Organized Criminal Activity Charges Under Texas Penal Code §71.02

Organized crime for many is a term that deals with movie characters like the Corleone Family in the Godfather Saga or infamous criminals like Al Capone. Even the Encyclopedia Britannica, referencing names like John Gotti and Bugsy Siegel, defines “organized crime” as a “…complex of highly centralized enterprises set up for the purpose of engaging…


Encounters with Law Enforcement: A Criminal Defense Perspective

Seven Steps to Take When Police Show Up at Your Home or Work or Call You on the Phone More and more often, I pick up the phone to hear someone wondering what to do after local police or some other member of law enforcement (e.g., agents of the FBI, DEA, etc.) has surprised them…


Federal Investigations:  Target Letters, Proffers, and Plea Deals

Invitations to Testify before a Grand Jury Can be a Red Flag You Need a Criminal Defense Lawyer Federal agencies along with the prosecutors at the Office of the Attorney General for the United States (“AUSAs”) undertake criminal investigations throughout the State of Texas that are independent of any state or local (county, city) law…


Medical Identity Theft: Texas Criminal Defense of Health Care Fraud Charges

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…


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…


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…


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…


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…


ICE Holds, Bail Bonds, and Getting Freed from Jail in Texas

Arrests are not the same as being charged with a crime.  For instance, a police officer (or sheriff’s deputy or state trooper) can pull someone over here in Texas and place them under arrest.  Here is when the Miranda rights must be given to the accused, which include explaining that the person has a right…


Loss Amounts in Federal Sentences: Calculating Economic and Financial Losses in Federal Felonies

Federal Sentencing Guideline 2B1.1 explains how to calculate monetary loss in a variety of crimes, such as tax evasion, structuring, wire fraud, money laundering, and mortgage fraud. Financial crimes prosecuted by the federal government usually involve a lot of money that builds into a large economic loss for its victims.  Criminal creativity being what it…