Category Archives: Federal Government Watch
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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New University of Chicago Study’s Shocking Revelations of Federal Bail Injustice: Systemic Errors and the “Culture of Detention”
Arrests are always serious. After all, individual freedom is taken away. A permanent and public criminal record is created (or grows). Careers can be lost, and relationships can end — just because of an arrest. Experienced criminal defense lawyers have seen all too often how “innocent until proven guilty” may not matter to supervisors, deans,…
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Elder Crimes: Federal Prosecutions and the Elder Justice Initiative
According to federal and state statute, anyone age 60 years or older is legally considered to be elderly. See, 42 U.S.C. § 1397j(5) and Texas Human Resources Code §102.001(5). In some Texas criminal laws, elderly is defined as anyone who is age 65 or older. It is easy to imagine an elder as a grey-haired…
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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…
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PPP Fraud: Government Loans and Federal Arrests Based on COVID-19 Relief
Last year, in response to the economic harm suffered in Texas and across the country due to the COVID-19 Pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), authorizing over Two Trillion Dollars ($2,000,000,000,000.00) in relief with $377 Billion of that sum dedicated to help small business owners. The Paycheck Protection…
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Racketeering in Texas: Criminal Defense Against RICO Charges
Today, everyone recognizes organized crime known as the “Mafia” or the “Cosa Nostra,” but it wasn’t until the middle of the 20th Century that these criminal enterprises were confirmed to exist. A man named Joseph Valachi is credited with being the first organization member to authenticate its existence, and he did so during public testimony…
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Electronic Surveillance Under Federal Law: Criminal Defense Considerations in 2021
Discussion of federal wire-tapping and other electronic surveillance from a criminal defense perspective The temptation for federal law enforcement to use developing communication technologies in order to investigate potential criminal activity is not new. In fact, as soon as telegraphs and telephones began to be used by the general public in this country, federal agents were…
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Coronavirus in Texas Jails and Federal Prisons: Release Pending Trial
The Coronavirus Pandemic is unprecedented in its impact upon our lives, and this includes the criminal justice system. The danger of coming into contact with COVID-19 is so great that “Stay at Home” Orders have been issued for Collin, Dallas, Denton, and Tarrant Counties as well as other communities across the state. The Incarcerated are…
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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…
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Latest Forfeiture Ruling by SCOTUS: What Does It Mean for Texas Criminal Defense?
Timbs v. Indiana is the first step in ending state-wide forfeiture abuse In an opinion written by Justice Ginsburg with two concurrences filed by Justice Gorsuch and Justice Thomas, the Supreme Court of the United States (SCOTUS) vacated and remanded the judgment of the Indiana Supreme Court in Timbs v. Indiana on February 20, 2019….
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