Category Archives: InDepth Articles

Organized Criminal Activity Charges Under Texas Penal Code §71.02

Organized crime for many is a term that deals with movie characters like the Corleone Family in the Godfather Saga or infamous criminals like Al Capone. Even the Encyclopedia Britannica, referencing names like John Gotti and Bugsy Siegel, defines “organized crime” as a “…complex of highly centralized enterprises set up for the purpose of engaging…


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…


Encounters with Law Enforcement: A Criminal Defense Perspective

Seven Steps to Take When Police Show Up at Your Home or Work or Call You on the Phone More and more often, I pick up the phone to hear someone wondering what to do after local police or some other member of law enforcement (e.g., agents of the FBI, DEA, etc.) has surprised them…


Federal Investigations:  Target Letters, Proffers, and Plea Deals

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 (county, city) law…


Fraudulent Use or Possession Charges in Texas: Identity Theft and Fake Credit Cards

The popularity of online shopping continues to increase in no small part due to the Coronavirus Pandemic.  See, “Americans Keep Clicking to Buy, Minting New Online Shopping Winners,” written by Nathaniel Popper and published by the New York Times on May 1, 2020.  Along with it, opportunities abound for illegally accessing things like credit card…


Financial Exploitation of Elderly: Criminal Acts and Civil Injury Claims

Financial exploitation of the elderly can involve many things.  The National Institute on Aging (NIA) explains that elder financial abuse occurs when “… money or belongings are stolen from an older adult. It can include forging checks, taking someone else’s retirement or Social Security benefits, or using a person’s credit cards and bank accounts without…


Texas Nursing Home Abuse or Neglect: Criminal Acts with Civil Claims for Damages

Nursing homes and care facilities here in Texas are sadly one of the most predominant examples of the overlap between criminal justice prosecutions at both the state and federal levels with corresponding injury claims filed in civil proceedings.  All sorts of criminal acts occur at nursing homes:  from theft of property; to physical assaults or…


Deadly Drunk Driving Accidents: Criminal DWI and Civil Injury Claims for Wrongful Death in Texas

Under Texas law, Drunk Driving Wrongful Death Liability May Involve a Variety of Responsible Parties According to the National Highway Traffic Safety Administration (NHTSA), one person dies every 50 minutes in this country from a drunk-driving accident.  Serious and fatal drunk driving crashes remain a very real danger on our roads today, despite public awareness…


Crimes of Sexual Assault or Rape: Texas Injury Claims Based Upon Premises Liability Law

According to the latest crime statistics compiled by the Texas Department of Public Safety (DPS), sexual assaults are on the rise in our state, with an almost 10% annual increase in reported sexual assaults.  The DPS data confirms that targets of sexual assault in Texas are more likely to be female than male and that …


Shoplifting: The “Shopkeeper’s Privilege” in Texas and Civil Personal Injury Claims

The retail industry in the United States has yet to solve its growing problem of “retail shrink,” which is defined as “the difference between the amount of merchandise (or inventory) that the retail company owns on its books, and the results of a physical count of the merchandise.”  In 2019, $49 Billion was lost in…