Category Archives: Drug Crimes
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…
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…
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…
Jalisco New Generation Cartel Arrests in Texas: 2023
The amount of law enforcement effort at every level (state, federal, international) to try and combat the growing global business empire of the Jalisco New Generation Cartel is undeniably extreme and well-funded. From a criminal defense perspective, few governmental efforts in recent memory have had this zeal and scope. In 2023, we should expect a…
Fentanyl Charges Under Federal Law: Felonies and Range of Sentencing
Fentanyl is a primary focus of both state and federal law enforcement today. The illegal manufacture, distribution, sale, or possession of fentanyl is a serious drug crime in both jurisdictions. Right now, Texas’ Operation Lone Star has the state governor mandating state and local law enforcement dedicate significant time and effort to investigations and arrests…
Texas Governor’s Designation of Mexican Cartels As Terrorist Organizations: Criminal Defense Perspective
On September 21, 2022, the Office of Texas Governor Greg Abbott issued a press release with its accompanying Executive Order GA-42 and the news that, at least in the State of Texas, Mexican cartels are now considered to be “terrorist organizations” by state law enforcement. In the release, Governor Abbott explains that the growing market…
Illegal Drug Trafficking Business Operations in Texas: Federal Investigations into the Texas Mexican Mafia aka La Eme or Mexikanemi
The Texas Mexican Mafia once again made national news coverage recently with the flagrant prison escape by convicted capital murderer Gonzalo Lopez from a Texas prison bus in Centerville on May 12, 2022. Lopez, recognized for his affiliation with the Mexican Mafia, was placed on the State of Texas’ 10 Most Wanted Fugitives List where…
Plea Bargaining and Making Deals in Federal Felony Cases: Criminal Defense Overview
In both Texas prosecutions and federal criminal matters, many – if not most – arrests do not end up as a criminal conviction with formal sentencing after a full trial before a judge or jury, but instead are resolved out of the courtroom in what is called “plea bargaining.” This involves attorneys representing both the…
Prominent Dallas Attorney Ray Jackson Arrest in Drug Money Laundering Scheme: a Criminal Defense Perspective
On April 8, 2021, a Criminal Complaint with its Supporting Affidavit (“Affidavit”) was filed in Case No. 3-21MJ-329 in the United States District Court for the Northern District of Texas, styled United States of America v. Rayshun Jackson. A copy of the Affidavit appears below: Who is Ray Jackson? Ray Jackson is a well-known criminal…
Less Time for Federal Drug Crimes: When Safety Valve Defense Circumvents Mandatory Minimum Sentences Under Federal Law
Congress has passed mandatory minimum sentences for certain federal drug crime convictions, but it is possible to serve less time with the Safety Valve defense. Here’s how that works. What is a crime in Texas? It is whatever has been defined as illegal activity by Congress (for federal crimes) or the Texas Legislature. In federal…
