Category Archives: Orwellian Threats to Rights

Federal Forfeiture Reform: 81% Property Seized By DOJ from People Never Charged With a Crime

Last week, the Office of the Inspector General in the Department of Justice published its report on federal civil forfeiture, entitled “Review of the Department’s Oversight of Cash Seizure and Forfeiture Activities.” The full report is available online and has been stored in the Michael Lowe Digital Library for your convenience.  Read it here.  …


Intellectually Disabled or Mentally Ill: Competency to Stand Trial and the Insanity Defense

This week, the Supreme Court of the United States (SCOTUS) issued its opinion in Moore v. Texas (read it here).  This case is not only a victory for Texas Death Row inmate Bobby Moore; it’s also a major event in Texas criminal law. Why?  SCOTUS has ruled that the Texas legal procedure for determining if…


FBI Investigations and DOJ Prosecutions: Fighting for Your Privacy Rights

Of paramount concern to criminal defense attorneys is protecting due process and making sure that any investigation and prosecution by the government abides by constitutional protections like limited police powers, the right to privacy, and search and seizure protocols. Criminal Defense and Privacy Protections This is true for the underlying investigation into criminal activity.  It…


Child Pornography: Defending Against Overreaching Investigations Using the Internet

Here in Texas, specific teams of law enforcement are dedicated to investigating, arresting, and prosecuting child pornography laws.  Their focus is solely on building cases against individuals violating either state or federal child porn statutes.   That’s fine.  Task forces have been around for years. Overreaching Child Porn Investigations Violate the Law The problem today is…


Prosecutorial Misconduct in Texas: Right Now, it’s an Appellate Fight

Prosecutorial misconduct isn’t going away.  It’s a very serious problem here in Texas.  And it’s been a huge evil lurking in our criminal justice system for many years. Why is it so wicked?  Because a prosecutor has so much control over what happens to an individual who has had their freedom taken from them by…


Getting Out of Jail in Texas on a Writ of Habeas Corpus

There’s more than one way to regain your freedom after an arrest here in Texas.  Under either federal or state law, you can challenge the legality of your situation – being held behind bars – by filing an application with the court for a “writ of habeas corpus.” What is a Writ of Habeas Corpus?…


Defenses in Texas Criminal Cases

Criminal defense isn’t just trial work, even though it sure looks like it if you watch all the TV crime shows. A lot of defending clients charged with crimes here in Texas involves working with evidence and negotiating with the government. Defending happens a lot of the time at a desk with a keyboard, or…


Eavesdropping on Criminal Defense Lawyers:  Attorney Overhearings as Evidence

Occasionally clients or potential clients will voice concerns about the safety of communication with their criminal defense lawyer.  It’s understandable, given all the technological advances in snooping devices. Snooping Gizmos So You Can Eavesdrop Surf online and you can find all sorts of ways to listen into phone conversations, as well as monitor things being…


FBI’s New Global Hacking Rule: Amended Federal Rule 41 Danger to Your Privacy

Last week, a letter was sent to the U.S. Attorney General signed by 23 Senators and Congressmen, both Republican and Democrat, asking for Loretta Lynch to explain how the new Federal Rule on federal search warrants for computers is going to work. Criminal defense lawyers have been worried about this new expansion of federal power…


Lineups and Showups: What They Are and Why They’re Challenged

Lineups and Showups Use Eyewitness Testimony to Identify Suspects Watch most any TV detective show and sooner or later, you’re going to see the police (and sometimes prosecutors, too) identify their Bad Guy with a lineup or showup. These are popular ways for TV police to have eyewitnesses point the finger at the bad guy. …