Category Archives: InDepth Articles
Family Violence Charges: 5 Reasons to Leave Before the Police Arrive
Domestic violence, referenced as “family violence” in Texas Penal Code §71.004, is one of the most common types of 911 calls received by police in this country, with one research study suggesting that as many as 50% of all police calls historically have dealt with domestic violence complaints. See, Hendricks, J., ed. Crisis Intervention in…
Share ThisRead More
PPP Fraud: Government Loans and Federal Arrests Based on COVID-19 Relief
Last year, in response to the economic harm suffered in Texas and across the country due to the COVID-19 Pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), authorizing over Two Trillion Dollars ($2,000,000,000,000.00) in relief with $377 Billion of that sum dedicated to help small business owners. The Paycheck Protection…
Share ThisRead More
Less Time for Federal Drug Crimes: When Safety Valve Defense Circumvents Mandatory Minimum Sentences Under Federal Law
Congress has passed mandatory minimum sentences for certain federal drug crime convictions, but it is possible to serve less time with the Safety Valve defense. Here’s how that works. What is a crime in Texas? It is whatever has been defined as illegal activity by Congress (for federal crimes) or the Texas Legislature. In federal…
Share ThisRead More
Racketeering in Texas: Criminal Defense Against RICO Charges
Today, everyone recognizes organized crime known as the “Mafia” or the “Cosa Nostra,” but it wasn’t until the middle of the 20th Century that these criminal enterprises were confirmed to exist. A man named Joseph Valachi is credited with being the first organization member to authenticate its existence, and he did so during public testimony…
Share ThisRead More
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…
Share ThisRead More
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…
Share ThisRead More
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…
Share ThisRead More
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…
Share ThisRead More
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…
Share ThisRead More
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…
Share ThisRead More
