Category Archives: Trafficking Charges

Are Texas Anti-Smuggling Laws Unconstitutional? Governor Abbott and Texas Penal Code §20.05 and §20.06

Our state government continues to take independent state action using criminal laws to try and stem all sorts of border activities involving both people and things crossing from Mexico into Texas.  Recently, for instance, Governor Abbott issued an executive order announcing that two Mexican Cartels, and possibly more in the future, will be considered as…


Texas Governor’s Designation of Mexican Cartels As Terrorist Organizations: Criminal Defense Perspective

On September 21, 2022, the Office of Texas Governor Greg Abbott issued a press release with its accompanying Executive Order GA-42 and the news that, at least in the State of Texas, Mexican cartels are now considered to be “terrorist organizations” by state law enforcement. In the release, Governor Abbott explains that the growing market…


Illegal Drug Trafficking Business Operations in Texas: Federal Investigations into the Texas Mexican Mafia aka La Eme or Mexikanemi

The Texas Mexican Mafia once again made national news coverage recently with the flagrant prison escape by convicted capital murderer Gonzalo Lopez from a Texas prison bus in Centerville on May 12, 2022.  Lopez, recognized for his affiliation with the Mexican Mafia, was placed on the State of Texas’ 10 Most Wanted Fugitives List where…


Child Sex Trafficking Arrest in Texas: Criminal Defense Overview

The National Center for Missing and Exploited Children (NCMEC) defines Child Sex Trafficking as “… a form of child abuse that occurs when a child under 18 is advertised, solicited or exploited through a commercial sex act.  A commercial sex act is any sex act where something of value – such as money, drugs or a place to stay…


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…


New Texas Sex Crimes:  The Online Prostitution Laws Effective September 1, 2019

Texas Penal Code Amended to Address Human Sex Trafficking Over the Internet Human trafficking laws exist at both the federal and state levels; anyone arrested on these charges faces serious felony time if convicted.  However, the reality has been that federal prosecutions have been fiercer and with more bite than those charges at the state…


Human Trafficking in Texas: Criminal Defense Perspective Part 2 of 2

In Texas, arrests are made by both state and federal law enforcement asserting violation of various crimes involving the human trafficking of individuals, with many of these cases alleging the sex trafficking of minors (those under the age of 18 years).  For more on the various crimes involved in the trafficking of humans in Texas,…


Human Trafficking in Texas: Criminal Defense Perspective Part 1 of 2

Trafficking Crimes in Texas Trafficking is a criminal law term used for both drug crimes and sex crimes.  Here, we will be excluding drug trafficking and the defense of those charged with trafficking drugs in Texas. Our focus is on the crimes involved in human trafficking laws: what they provide, and related crimes that are…


Prostitution Crimes in Texas: Promotion of Prostitution and Compelling Prostitution

Arrested for Violation of Texas Penal Code §43.03 or TPC §43.05 Prostitution has been a thriving business in Texas for a long time; indeed, one could argue that sex workers have made their own significant contributions to the Lone Star State’s uniquely colorful and intriguing past. Brothels: Integral Parts of Texas History Consider, for instance,…


Mandatory Minimum Penalties in Federal Sentencing

Congress Decides Your Prison Sentence with Certain Federal Crimes Our modern system of mandatory minimum sentencing in federal cases arguably began with the passage of the Anti-Drug Abuse Act of 1986.  Congress enthusiastically targeted drug “kingpins” for explicit punishment, mandating that the federal judge must sentence these defendants, upon conviction, to imprisonment in a federal…