Category Archives: InDepth Articles
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…
Can You Find Out If You Have a Sealed Indictment?
What Is a Sealed Indictment? How to Find Out If You Have One in a Federal Criminal Case If you suspect federal investigators are looking into your activities, one of the most unsettling questions you might face is whether a sealed indictment has already been filed against you. A sealed indictment means criminal charges exist,…
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…
ICE Hold to Immigration Bond: Can the ICE Detainer Be Lifted?
Understanding Your Legal Strategy When Facing Both Criminal Charges and Immigration Detention in Texas By Michael Lowe, Board Certified Criminal Law Specialist Criminal Charges and Immigration Bond In Texas, when a state trooper or local police officer arrests someone and takes them into custody, that person is fingerprinted as part of the arrest process….
Grand Jury vs Jury: Indictment and Defense
Grand Jury vs Jury: An overview of Grand Jury Proceedings from a criminal defense lawyer’s standpoint. There are two kinds of juries in Texas: “petit juries” and “grand juries.” In criminal cases, a “petit jury” is selected to serve in a particular trial to decide on the defendant’s guilt or innocence. A “grand jury” never…
Federal Investigations: Target Letter
Target Letter and Invitations to Testify before a Grand Jury Can be a Red Flag You Need a Criminal Defense Lawyer Federal agencies along with the prosecutors at the Office of the Attorney General for the United States (“AUSAs”) undertake criminal investigations throughout the State of Texas that are independent of any state or local…
Federal Sentencing Guidelines Explained: How They Determine Prison Time
Understanding how federal sentencing guidelines work can mean the difference between years in prison or a reduced sentence. If you’re facing federal criminal charges in Dallas or anywhere in Texas, knowing how these guidelines affect your case is critical to building a strong defense strategy. What Are Federal Sentencing Guidelines? Federal sentencing guidelines are a…
The Importance of a Probable Cause Affidavit in Texas Criminal Defense
If you asked most criminal defense attorneys to rank the most important documents in a drug possession or sexual assault case, you’d probably hear about the indictment, offense report, lab results, body camera footage, or witness statements. While all of these matter, I believe one document stands above the rest: the probable cause affidavit. As…
Top 10 Things to Know If You Are Being Investigated by Federal Agents: Lawyer’s Recommendations
No arrest, no contact by law enforcement? Think you’re being watched? From a criminal defense perspective, it’s not about paranoia; it’s being prepared. The following article dovetails with my 13 minute YouTube video, “Federal Investigations: Top 10 Do’s and Don’t List,” where I discuss the following, going into more detail on things like how detention…
