Category Archives: Drug Crimes
Witness Corroboration for Informants Under TCCP 38.141
Maybe the most famous informant of all time is Judas, who informed on Jesus to the Roman authorities for thirty pieces of silver. Check out “The Passion of the Christ” for a great depiction of Judas as informant and the aftermath. Another famous informant: Lando Calrissian, who informed on Han Solo to the Empire, resulting…
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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…
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Overdose Death Investigations: Criminal Defense Considerations – Can the Prosecution Make Their Case?
Fentanyl is fueling more and more law enforcement investigations and criminal prosecutions in Texas for many things including, obviously, felony charges for drug trafficking and money laundering. However, more and more often prosecutors are looking to find ways to charge the accused for a death caused by overdoses involving fentanyl, either used alone or with…
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Xylazine or Tranq: Zombie Drug is New Focus for Drug Arrests in Texas
Drug arrests in Texas that may include other serious charges (like conspiracy or homicide) are known to be fixed upon fentanyl these days; both Texas and federal law enforcement are blatantly targeting fentanyl use as well as its manufacture and distribution. For more, read our earlier discussions in Fentanyl Charges Under Federal Law: Felonies and…
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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…
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Federal Sentencing for Drug Couriers and Drug Mules
At perhaps the lowest rung of the organizational ladder for illegal cartel operations here in Texas and elsewhere is the courier or “mule.” These are the people who physically transport or move stuff from one point to another. Maybe it’s across international borders or over state lines. It may be on foot (i.e., ingested); by…
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Marijuana Trends and Sentencing in the Federal System: New 2023 USSC Report
From a criminal defense standpoint, in federal matters it is extremely important not only to research statutes and court case precedent but to monitor federal agency actions and positions – especially within the Department of Justice (“DOJ”) or the Judicial Branch. Things change with the times, and with administrations. And these changes can impact how…
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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…
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Encryption and Law Enforcement Investigations: Police Access to Encrypted Data
Last month, Apple announced its new end-to-end encryption for data stored by its customers in iCloud, Apple’s cloud storage service. It’s being heralded as “police-proof” in the media. Read, “Apple Set to Launch New, Police-Proof, Full End-to-End Encryption,” written by the Associated Press and published in the Daily Sabah on December 9, 2022. Apple explains…
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Bail after Federal Arrest in Texas and The Bail Reform Act of 1984
Bail after an arrest by federal law enforcement is very different than when someone enters the state criminal justice system. Texas bail is allowed much more often than it is in federal court. It’s not that bail is not routinely considered a part of federal matters. News coverage is filled with federal bail stories. This…
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