Criminal Law Blog
Hub-and-Spoke vs. Chain Drug Conspiracies – The Multiple Conspiracy Defense
When the federal government charges one large drug conspiracy but the evidence actually shows several smaller, separate ones, that mismatch can be the most powerful defense in the case. This is called a variance, and under the Supreme Court’s ruling in Kotteakos v. United States, 328 U.S. 750 (1946), it can lead to reversal of…
Federal Drug Conspiracy and Asset Forfeiture – When the Government Can Seize Your Property
Federal drug conspiracy charges trigger two separate asset forfeiture tracks: criminal forfeiture under 21 U.S.C. § 853, which requires a conviction and runs through the criminal sentence, and civil forfeiture under 21 U.S.C. § 881, which proceeds against the property itself with no conviction required. Both tracks let the government seize cash, vehicles, real estate,…
The Duress Defense in Federal Drug Conspiracy Cases – What If You Were Forced to Participate?
If you were forced to participate in a federal drug conspiracy under threat of death or serious bodily injury, the duress defense may excuse your conduct, but the standard is unforgiving. Federal courts in Texas require you to prove four strict elements by a preponderance of the evidence: an imminent threat of death or serious…
Texas Drug Offense Sentencing Calculator: A Free Tool for Understanding Your Drug Case
If you’re facing a drug charge in Texas, whether it’s a possession charge, delivery charge, manufacture and delivery charge, or possession with intent to deliver charge, one of the first questions you probably have is: What am I facing? The answer is far more complicated than most people realize. Why Texas Drug Sentencing Is…
What Happens at a Federal Detention Hearing?
A federal detention hearing is where a federal magistrate judge decides, under 18 U.S.C. § 3142, whether you are released on conditions or held in custody until your trial. It is one of the most important early moments in a federal case, because the result often decides whether you fight the charges from home or…
Will You Be Detained Before Trial? Federal Pretrial Detention Rates by District
How often does a federal court detain a defendant before trial, and how much does it vary from one district to the next? This tool maps the measured pretrial detention rate for all 93 U.S. district courts, estimates how the charge and prior record shift the odds, and lays out the factors a judge weighs…
Can You Get a Bond on Federal Charges?
Yes, you can usually be released on federal charges, but federal bail does not work the way Texas state bail does. There is no bail bondsman, there is no posted bail schedule, and there is no quick cash payment at the jail window. Instead, a federal magistrate judge decides whether you are released or held…
Federal Sentencing Guidelines: Conspiracy to Distribute Controlled Substance Cases (Drug Conspiracy)
Federal sentencing in a conspiracy to distribute controlled substances case is driven by three things: the type and amount of drugs involved, the defendant’s criminal history, and the role the defendant played in the offense. The sentence itself comes from an intersection of the Controlled Substances Act’s statutory penalties and the Federal Sentencing Guidelines, which…
Mandatory Minimum Penalties in Federal Sentencing
To see how often cases like yours resolve by plea or trial, and the median sentences by district and charge, use our plea deal versus trial calculator. 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…
Federal Investigations: Target Letter
Weighing a plea against trial? Our plea deal versus trial calculator shows the plea, trial, and acquittal rates and median sentences by federal district and charge. Target Letter and 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…
