Category Archives: Drug Crimes
Drug Conspiracy vs. Drug Possession Charges: Key Differences
Drug conspiracy and drug possession are two very different charges, even though they both involve controlled substances. Drug possession means you were caught with drugs on your person or within your control, and it focuses on what you physically had. Drug conspiracy, on the other hand, charges you with agreeing with others to commit a…
How Pinkerton Liability Works in Federal Drug Conspiracy Cases
Pinkerton liability is a federal legal doctrine that holds every member of a conspiracy criminally responsible for all crimes committed by any co-conspirator, even if they did not personally commit, participate in, or know about those crimes. In federal drug conspiracy cases, this means you can face conviction and sentencing for drug quantities you never…
The Buyer-Seller Exception: When Buying Drugs Is Not a Conspiracy
Simply buying drugs from someone does not automatically make you a co-conspirator in a drug distribution ring. Under both federal and Texas law, a buyer-seller relationship, standing alone, is not enough to prove a conspiracy. Yet prosecutors routinely try to charge drug buyers as full conspirators, exposing them to the same severe penalties as the…
Federal Sentencing Guidelines: Conspiracy to Distribute Controlled Substance Cases (Drug Conspiracy)
Federal sentencing in a conspiracy to distribute controlled substances case is driven by three things: the type and amount of drugs involved, the defendant’s criminal history, and the role the defendant played in the offense. The sentence itself comes from an intersection of the Controlled Substances Act’s statutory penalties and the Federal Sentencing Guidelines, which…
Co-Conspirator Hearsay: How Statements by Others Can Be Used Against You In Drug Conspiracy Cases
In federal drug conspiracy cases, statements made by alleged co-conspirators can be used against you at trial, even if you never heard those statements and never met the person who made them. Under Federal Rule of Evidence 801(d)(2)(E), the government can introduce out-of-court statements by a co-conspirator that were made during and in furtherance of…
Texas Drug Offense Sentencing Calculator: A Free Tool for Understanding Your Drug Case
If you’re facing a drug charge in Texas, whether it’s a possession charge, delivery charge, manufacture and delivery charge, or possession with intent to deliver charge, one of the first questions you probably have is: What am I facing? The answer is far more complicated than most people realize. Why Texas Drug Sentencing Is…
How to Defend a Manufacture Delivery Charge in Texas: 10 Critical Things You Need to Know
A comprehensive guide to manufacture delivery defenses in Texas from a Board Certified Criminal Defense Attorney with 27+ years of experience Left: Seized drug evidence in a Texas trafficking case | Right: X-ray scan revealing hidden vehicle compartment “`html What is the definition of manufacture delivery charges in Texas? “` If you’re wondering how to…
Drug Manufacture or Delivery in Texas: Things You Need to Know
There are some things, either grown or man-made, that are considered illegal under either state or federal law. In legal lingo, they are called “controlled substances.” Just having them in your possession can get you arrested. However, if you go the next step and try to make money with them, either in the manufacture of…
The Case of the Drug Trafficking, Money Laundering Indictment in Eastern District of Texas: Supervised Release
Watch enough movies or live true crime trials on YouTube, and you may get the idea that sentencing in a criminal case is almost immediate: in a brightly-lit courtroom, the defendant stands up next to his defense attorney. Together, they face an imposing judge. From the bench, there comes a solemn proclamation of punishment in…
Tax Crimes: Known Focus Areas for IRS Taxpayer Criminal Investigations
An increase in federal criminal prosecutions involving alleged federal tax crimes and corresponding violations of federal criminal statutes is expected by many here in Texas, including experienced federal criminal defense lawyers. For details, read our discussion of the May 2024 Internal Revenue Service (IRS) Strategic Operating Plan in IRS Summons Form 2039: Federal Criminal Defense…
