Category Archives: InDepth Articles
Sex Crimes Defined by State Law in the Texas Penal Code
Sex has been defined by our legislature. The Texas Legislature has characterized various sex acts or sexually-related activity to be illegal. Upon conviction, the accused will be facing punishment for either misdemeanor or felony crimes. Sex crimes can come with severe sentences, including life without parole in some instances. Experienced Texas criminal defense attorneys will…
Things To Know If You Get a Federal Grand Jury Subpoena In Texas
Federal grand juries are actively on the job all around the State of Texas during the year. How many are convened; where they are meeting; what they are doing; and who sets as jurors on all these grand juries is not known. For safety reasons, grand juries operate under a mysterious veil of secrecy. Read,…
Federal Grand Juries in Texas: Criminal Defense
As you read this, grand juries are at work here in Texas as part of both the federal and state criminal justice systems. They are very powerful. And controversial, from a criminal defense perspective. In past articles, we have considered grand juries operating under Texas law, as well as an overview of grand jury workings…
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…
The Case of the Non-Citizen Facing Felony PPP Fraud Indictment: Innocent of All Charges
This is the first in my series of articles discussing specific aspects of some of my recent criminal defense representations here in Texas. These will be generalized discussions: particulars including the identification of clients, prosecutors, etc. will not be included for obvious privacy reasons. No one reading these articles should assume any form of legal…
What is a Federal Deferred Prosecution Agreement?
Here in Texas, federal investigations may target organizations and businesses in their various forms as well as individuals for violations of federal criminal statutes. For instance, in health care fraud investigations, potential defendants include all sorts of practitioners, from doctors or pharmacists, to pharmacy retailers; medical supply distributors; hospital operators; clinic operators; group practices; nursing…
Admissibility of Digital Data: Use of Electronic Evidence in Federal Criminal Case
Digital data, or electronic data, is a common focus in most federal prosecutions today here in Texas. Our previous article discussed some criminal defense concerns regarding how in the discovery process investigators can search and seize this type of potential evidence in breach of the constitutional protections provided by the Fourth Amendment. Discovery, of course,…
Digital Data and the Fourth Amendment Prohibition Against Illegal Search and Seizure
Defense Discovery Concerns Regarding Digital Investigations The Fourth Amendment of the United States Constitution, ratified on December 15, 1791, establishes the protection for every U.S. citizen against unreasonable searches and seizures by the government. It states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and…
The Top Federal Felony Charges That Come With Mandatory Minimum Sentences: New USSC Report
The United States Sentencing Commission (“USSC”) recently published new information regarding mandatory minimum sentences in federal felony charges. Read, United States Sentencing Commission Quick Facts Mandatory Minimum Penalties (FY 2024). What does this mean for criminal defense lawyers as well as federal prosecutors? And, importantly, how does this impact those who are being investigated, charged, convicted,…
Criminal Defense Discovery in Texas After Heath
Criminal defense attorneys across the state welcomed the decision of the Texas Court of Criminal Appeals (TCCA) this June when the opinion came down in The State Of Texas v. Dwayne Robert Heath, Appellee, Cause No. PD-0156-22. (A dissent to the motion for rehearing was filed on September 25, 2024). Here are the details of…
