Category Archives: Arrest and Indictment

Illegal Search Warrants: Challenging the Underlying Affidavit

Texas Defense Attorney Strategies against Illegal Search Warrants Under Texas law, a “search warrant” is defined as “a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search…


Online Impersonation: Catfishing is Illegal in Texas

Texas Penal Code 33.07 and Social Media Masquerade as Cyber Crime Catfishing is not the only form of online impersonation, but it may be the most well-known example of it.  The temptation to pretend to be someone they’re not online may be overwhelming for some people, given how easy it is to set up social…


Federal Crimes and Sentencing Guidelines: Health Care Fraud

Federal Charges for Healthcare Fraud Involving Texas Health Care Providers Texas physicians, as well as pharmacists, clinics, and other health care providers, need to be aware of the growing risk of investigation, arrest, and prosecution for violations of federal criminal laws involving health care fraud. Federal criminal law applying to the practice of medicine in…


Relevant Conduct in the Federal Sentencing Guidelines: Acquittals and Uncharged Conduct

 Are federal judges limited to considering only final convictions in sentencing? Yes. After Nelson, arguably they must ignore facts of past acquittals, dismissals, or uncharged crimes. Federal criminal laws are violated all over the country.  There can be money laundering and drug trafficking in Alaska or Hawaii just as well as North Texas or South…


The Early Part of a Texas Criminal Case in State or Federal Court

Why a Defense Lawyer is So Important in the First Stages of a Criminal Case Crimes that can get you arrested in the Dallas – Fort Worth Metroplex, as well as the rest of the Lone Star State, are defined by the Texas Penal Code as well as federal statute.  Every single day, arrests are…


False Rape or Sexual Assault Claims: False Allegation is a Felony Charge

Last week in a North Texas courtroom up in Sherman, Texas, 19-year-old Breana Rachelle Harmon stood up before the 59th Judicial District court bench and pled guilty to filing a false rape claim back in March 2017. North Texas Teen Pleads Guilty to False Rape Accusation: Harmon Plea Deal Harmon was indicted on (1) two…


Texas Judges Gone Bad: Arrested and Charged for Felonies

Here in Texas, judges preside over all sorts of courts:  municipal courts, county courts, district courts in both the state and federal jurisdictions.  Courts where criminal charges are heard and defended. Judges make all kinds of rulings on law in these criminal cases, like whether or not a search was illegal or if evidence can…


How to Avoid Trouble When Pulled Over By State Troopers

My name is Michael Lowe. I’m a criminal defense lawyer here in Dallas, Texas, board certified in criminal law. I’ve been representing clients here in the State of Texas for 20 years. Today, I want to talk to you about drug investigations conducted by state troopers on Texas highways. I want to talk about five…


What is a Protective Sweep?

More on Police Entering and Searching Your Home without a Warrant Police officers cannot enter your home willy-nilly.  They have to get a judge’s okay that there is “probable cause” to come inside your place, documented in a “search warrant” signed by that judge which they show you when they come inside.  We’ve discussed various…


Steal Property and Get Life Behind Bars:  Life Sentences for Theft in Texas

Here in Texas, sentencing for some crimes includes the death penalty – and we use it.  The first execution of 2018 occurred here in Texas as Anthony Shore, “The Tourniquet Killer,” was given a lethal injection at the Huntsville Death Chamber as punishment for the killings of five women over in Houston during the 1990s. …