Category Archives: InDepth Articles

Federal Sentencing for Zero-Point Offenders: New USSG §4C1.1 Effective November 2023

For those who are arrested and prosecuted in Texas for federal crimes, sentencing upon conviction is very different than if they had been charged for violations of Texas criminal law.  In federal matters, an independent federal agency created by Congress in 1984, the United States Sentencing Commission (USSC), will fix their punishment through its sentencing…


Perjury and Aggravated Perjury: Witness Corroboration Issues for Criminal Defense

Lies can hurt or harm in all sorts of ways, but when a witness decides to lie while under oath after having sworn to tell the truth, things become instantaneously serious.  Why?  A witness who lies in sworn testimony commits a crime under Texas law, as well as federal statute and the laws of other…


Witness Corroboration When Defending Sexual Assault Charges in Texas

Witnesses are very important in any criminal trial.  If what they have to say isn’t significant, they would not be called to the witness stand.  Their statements, sworn under oath, are either proof of an element in the prosecution’s case or a component of the defense’s challenge to it. All witnesses give evidence at trial. …


Witness Corroboration under the Texas Penal Code: Who Believes a Snitch?

People lie.  That’s a sin, but it’s usually not a crime.  However, when someone lies who is providing evidence in a criminal proceeding, they have become a “witness” under the law and lying becomes a big problem.  It’s perjury.  And witnesses who lie can destroy lives. Evidence in a Criminal Case:  Documents and Testimony In…


Overdose Death Investigations: Criminal Defense Considerations – Can the Prosecution Make Their Case?

Fentanyl is fueling more and more law enforcement investigations and criminal prosecutions in Texas for many things including, obviously, felony charges for drug trafficking and money laundering.  However, more and more often prosecutors are looking to find ways to charge the accused for a death caused by overdoses involving fentanyl, either used alone or with…


Solicitation of Prostitution or Sex Trafficking? Overzealous Prosecutions of Johns in Texas

Earlier this year, national headlines announced that the Department of Homeland Security had made almost four dozen (46) arrests for felony sex trafficking here in North Texas.  However, it was soon discovered that those arrested on federal felony charges as traffickers were actually individuals who thought they were dealing with sex workers (prostitutes) for consensual…


Xylazine or Tranq: Zombie Drug is New Focus for Drug Arrests in Texas

Drug arrests in Texas that may include other serious charges (like conspiracy or homicide) are known to be fixed upon fentanyl these days; both Texas and federal law enforcement are blatantly targeting fentanyl use as well as its manufacture and distribution.  For more, read our earlier discussions in Fentanyl Charges Under Federal Law: Felonies and…


Cryptocurrency and Money Laundering: Digital Money Felony Arrests

Operation Crypto Runner here in Texas is one example of federal focus on crypto crime. Money mules here in Texas can face very serious felony charges, even if they were unwilling or clueless participants in an illegal scheme that usually involves money laundering.  Marks can still get arrested: that is where an experienced criminal defense…


Money Mules: Fraud Victims Become Criminals Facing Arrest in Texas

Who gets arrested in Texas for being a money mule? It is often shocking to the accused as well as their loved ones that people being victimized by sophisticated enterprises, often based overseas, find themselves under arrest and facing serious felony charges. In my own Texas criminal practice, I am aware of more and more…


Drug-Induced Homicide Prosecutions in Texas: Overdose Murders

Fentanyl arrests in Texas may soon come with specific felony murder charges. Fentanyl is changing things in Texas and across the country, as more and more law enforcement efforts are targeting the manufacturing and distribution of this particular illegal drug and controlled substance. For more, read our earlier discussions in Texas Governor’s Designation of Mexican Cartels…