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Criminal Law Blog

ICE Holds, Bail Bonds, and Getting Freed from Jail in Texas

Arrests are not the same as being charged with a crime.  For instance, a police officer (or sheriff’s deputy or state trooper) can pull someone over here in Texas and place them under arrest.  Here is when the Miranda rights must be given to the accused, which include explaining that the person has a right…


Sex Crimes in Texas: Criminal Defense Overview

Allegations of sex crimes under either state or federal law can destroy lives, even before charges are filed. A single sex crime conviction can follow someone for the rest of their days. The need for a vigorous and aggressive criminal defense cannot be underestimated. What is a Sex Crime? It’s not that easy to define…


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…


Fort Worth Federal Judge John McBryde Child Porn Downward Departure Sentence

Mr. Lowe’s client was investigated by the Fort Worth Police Department (FWPD) officer assigned to Crimes Against Children Unit who was conducted an investigation of a peer-to-peer file sharing network.  The file sharing network being investigated was called eDonkey.  eDonkey required its users to download file sharing software called Shareaza.  This software enabled the users…


Loss Amounts in Federal Sentences: Calculating Economic and Financial Losses in Federal Felonies

Federal Sentencing Guideline 2B1.1 explains how to calculate monetary loss in a variety of crimes, such as tax evasion, structuring, wire fraud, money laundering, and mortgage fraud. Financial crimes prosecuted by the federal government usually involve a lot of money that builds into a large economic loss for its victims.  Criminal creativity being what it…


Photographs as Sex Crimes: Changes to the Texas Revenge Porn Law (Texas Penal Code §21.16)

Do Revenge Porn Laws Violate the First Amendment? Sexual Photograph Crimes and Free Speech Today, smart phones have made it so easy to take photographs or make videos that the temptation to capture images of a sexual nature is often overpowering for some people.  These images can then be readily stored – and shared –…


In Texas, We Need Laws That Force Police and Prosecutors to Do the Right Thing: the Criminal Defense Reality 

BuzzFeed, working with Injustice Watch, recently published an article entitled “Good Day for a Choke Hold.” Written by Emily Hoerner and Rick Tulsky, the piece invites readers with the caption, “[a] review of the Facebook accounts of thousands of officers around the US — the largest database of its kind — found officers endorsing violence…


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,…


Ring Camera Proves Alibi Defense in Tarrant County Aggravated Assault/Deadly Weapon

Michael Lowe’s client was accused with Aggravated Assault with a Deadly Weapon in Tarrant County. The father of her child was the complaining witness. Late last year, Mr. Lowe’s client was assaulted by the complaining witness. He was arrested and charged with Assault/Family Violence in Tarrant County. The child’s father continued to have contact with…


Criminal Defense Take on 2019 Expunction Policy Reforms by Dallas County District Attorney John Creuzot

Across the country, district attorneys are building what is becoming known as their own criminal justice reform movement.  Given that the top prosecutor in his or her respective jurisdiction gets to make the call in what cases get prosecuted – and what sentences are sought in those cases – there’s a tremendous amount of power…