Category Archives: InDepth Articles
Thirteen Significant New Texas Criminal Laws Effective in 2023
Arrests in Texas can be based upon actions or investigations by either state or federal authorities or by a combination of the two in joint operations. From a criminal defense standpoint, the choice of law upon which the arrest is made is key. This is because criminal cases move through two entirely independent justice systems…
Alien Smuggling in Texas: Federal Felonies & United States Sentencing Guidelines
The Texas border with Mexico extends 1254 miles. Along this international boundary there are currently 28 bridges and border crossings (including a couple of dams and a hand-drawn ferry) for travel between the two jurisdictions. And of course, there are long stretches of open riverbank along the Rio Grande where the waterway provides a natural…
Safe Harbor Defenses to Health Care Fraud Kickback Charges
Evolving Safe Harbor Provisions to the Federal Anti-Kickback Law can form the Basis for a Defense to Health Care Fraud Charges Kickbacks are illegal activities that can happen in all sorts of endeavors, from construction and real estate development to banking or politics. The term is broadly defined by Cornell Law School, citing Fischer v….
When Businesses are Charged with Crimes: Organizational Offenders
First things first, we all know they’re not people. In legal jargon, corporations are “legal entities” that exist through the operation of state law (usually) under things like the Texas Business Organizations Code, where “corporation” is defined as “…an entity governed as a corporation under Title 2 or 7. The term includes a for-profit corporation,…
When Someone Becomes a “Career Offender” under Federal Law
Al Capone is reported to have explained his activities during Prohibition as, “I am just a businessman, giving the people what they want,” but for many, there are few that better typify the career criminal than Al Capone, deemed “the most prominent figure of organized crime.” Read, Hipango Jr, Waata, Robert Smith, and Léo-Paul Dana….
Punishing Defendants for Exercising Their Right to Trial
Criminal defense attorneys practicing here in Texas, both in state and federal court, know all too well that it is a common practice for the government to punish defendants for exercising their rights – especially their right to a trial. This is true despite the clear constitutional right to trial found in the Sixth Amendment…
SCOTUS, USSC, and Proposed USSG Amendment Addressing Acquitted Conduct
The scenario: someone is charged with a serious crime in federal court. There is no plea deal; the case goes to trial. Both sides rest, and the case goes to the jury. The jury deliberates and returns with a “not guilty” verdict. This is great for the accused, right? Sure. But that verdict is not…
Witness Corroboration for Informants Under TCCP 38.141
Maybe the most famous informant of all time is Judas, who informed on Jesus to the Roman authorities for thirty pieces of silver. Check out “The Passion of the Christ” for a great depiction of Judas as informant and the aftermath. Another famous informant: Lando Calrissian, who informed on Han Solo to the Empire, resulting…
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…
