Category Archives: Arrest and Indictment

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…


Human Trafficking in Texas: Criminal Defense Perspective Part 1 of 2

Trafficking Crimes in Texas Trafficking is a criminal law term used for both drug crimes and sex crimes.  Here, we will be excluding drug trafficking and the defense of those charged with trafficking drugs in Texas. Our focus is on the crimes involved in human trafficking laws: what they provide, and related crimes that are…


Texas Bait Car Arrests: Criminal Defenses in Police Bait Car Sting

Defendants charged with theft after a bait car arrest may not win an entrapment argument but this does not mean there may not be a viable defense. Stealing cars (along with pickup trucks, SUVs, and minivans) is big business here in Texas.  According to the FBI’s Uniform Crime Reports, Texas has more auto thefts each…


Exigent Circumstances: What They Are and How They Allow Police to Search and Seize Without a Warrant

There are times when police officers in Texas can search without a search warrant; sometimes they don’t even have to knock on the door before entering your home. Sitting in the comfort of your living room, you may assume you’re safe from intrusion by the police.  Surely they can’t barge into your private home, uninvited…


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…