Category Archives: Arrest and Indictment

Illegal Reentry into Texas: Crimes Under Federal Statute and Texas Law

There are lots of names for people crossing the border into Texas without authority, including migrants, immigrants, illegals, undocumented noncitizens, illegal entrants.  See, “Illegal Alien” Is One of Many Correct Legal Terms for “Illegal Immigrant,” written by Alex Nowrasteh and published by Cato on October 14, 2019. However, the legal terminology pursuant to federal statute…


Buying Sex in Texas: Solicitation of Prostitution and Law Enforcement Focus on “John Stings”

It’s all about supply and demand.  Consider this:  Las Vegas will host Super Bowl VVIII on Sunday, February 11, 2024.  However, “football’s biggest week” really begins the prior Monday with Super Bowl Opening Night at Allegiant Stadium with the only public appearance of the two competing teams until they take the field for the big…


Categorical Approach: Longer Federal Sentences With Past Convictions

Things can get darker for those with past criminal convictions and a new federal arrest. There are times when new convictions will result in enhanced (greater, longer) punishments based upon prior criminal offenses.  How? Federal law will require the defendant’s sentence be boosted in time to be served behind bars because of something in the…


Thirteen Significant New Texas Criminal Laws Effective in 2023 

Arrests in Texas can be based upon actions or investigations by either state or federal authorities or by a combination of the two in joint operations.  From a criminal defense standpoint, the choice of law upon which the arrest is made is key. This is because criminal cases move through two entirely independent justice systems…


When Businesses are Charged with Crimes: Organizational Offenders

First things first, we all know they’re not people.  In legal jargon, corporations are “legal entities” that exist through the operation of state law (usually) under things like the Texas Business Organizations Code, where “corporation” is defined as “…an entity governed as a corporation under Title 2 or 7.  The term includes a for-profit corporation,…


SCOTUS, USSC, and Proposed USSG Amendment Addressing Acquitted Conduct

The scenario:  someone is charged with a serious crime in federal court.  There is no plea deal; the case goes to trial.  Both sides rest, and the case goes to the jury.  The jury deliberates and returns with a “not guilty” verdict. This is great for the accused, right?  Sure.  But that verdict is not…


Witness Corroboration under the Texas Penal Code: Who Believes a Snitch?

People lie.  That’s a sin, but it’s usually not a crime.  However, when someone lies who is providing evidence in a criminal proceeding, they have become a “witness” under the law and lying becomes a big problem.  It’s perjury.  And witnesses who lie can destroy lives. Evidence in a Criminal Case:  Documents and Testimony In…


Money Mules: Fraud Victims Become Criminals Facing Arrest in Texas

Who gets arrested in Texas for being a money mule? It is often shocking to the accused as well as their loved ones that people being victimized by sophisticated enterprises, often based overseas, find themselves under arrest and facing serious felony charges. In my own Texas criminal practice, I am aware of more and more…


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…


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…