Criminal Law Blog

Exigent Circumstances: What They Are and How They Allow Police to Search and Seize Without a Warrant

There are times when police officers in Texas can search without a search warrant; sometimes they don’t even have to knock on the door before entering your home. Sitting in the comfort of your living room, you may assume you’re safe from intrusion by the police. Surely they can’t barge into your private home, uninvited…

Posted on March 15, 2019 by Michael Lowe, on Arrest and Indictment, InDepth Articles, Search and Seizures |

Latest Forfeiture Ruling by SCOTUS: What Does It Mean for Texas Criminal Defense?

Timbs v. Indiana is the first step in ending state-wide forfeiture abuse In an opinion written by Justice Ginsburg with two concurrences filed by Justice Gorsuch and Justice Thomas, the Supreme Court of the United States (SCOTUS) vacated and remanded the judgment of the Indiana Supreme Court in Timbs v. Indiana on February 20, 2019….

Posted on February 27, 2019 by Michael Lowe, on Federal Government Watch, InDepth Articles, Orwellian Threats to Rights, Search and Seizures |

Illegal Search Warrants: Challenging the Underlying Affidavit

Texas Defense Attorney Strategies against Illegal Search Warrants Under Texas law, a “search warrant” is defined as “a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search…

Posted on February 8, 2019 by Michael Lowe, on Arrest and Indictment, InDepth Articles, Search and Seizures |

The First Step Act and Texas Criminal Defense in 2019: Part 2 of 2

What Texas Criminal Defense Lawyers – and Their Clients – Need to Know About the New Federal Sentencing Reforms In our previous discussion of the First Step Act (“FSA”), we discussed various ways this new legislation, effective on December 21, 2018, changes the federal sentencing laws as well as aspects of the federal prison system. …

Posted on January 25, 2019 by Michael Lowe, on Federal Government Watch, InDepth Articles |

The First Step Act and Texas Criminal Defense in 2019: Part 1 of 2

What Texas Criminal Defense Lawyers – and Their Clients – Need to Know About the New Federal Sentencing Reforms On December 21, 2018, the First Step Act (“FSA”) was signed into law. The FSA’s sentencing and compassionate release provisions become effective on that date; other parts of the Act are phased into law over the…

Posted on January 11, 2019 by Michael Lowe, on Federal Government Watch, InDepth Articles |

Will Forfeiture Actions be Held Unconstitutional? SCOTUS Hears Oral Arguments in Timbs v. Indiana

On November 28, 2018, oral argument was heard in Tyson Tibbs v. Indiana, Cause No. 17-1091 before the Supreme Court of the United States. At the SCOTUS site, you can read the full transcript of this oral argument in Tibbs, or download it in various formats (MP3, etc.). This is a forfeiture case. It is…

Posted on December 28, 2018 by Michael Lowe, on Federal Government Watch, InDepth Articles, Money Laundering Charges, Orwellian Threats to Rights |

Criminal Solicitation of a Minor: Criminal Charges under Texas Penal Code § 15.031

Anyone arrested for Criminal Solicitation of a Minor in Texas likely faces other serious felony sex crime charges and a statutory limitation on defenses that can be asserted on their behalf. Sex crimes involving minors are given special consideration by the Texas Legislature, as the lawmakers have passed detailed and specific criminal statutes dealing…

Posted on December 14, 2018 by Michael Lowe, on InDepth Articles, Sex Crimes |

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,…

Posted on November 30, 2018 by Michael Lowe, on InDepth Articles, Sex Crimes, Trafficking Charges |

Sexual Performance of a Child: Criminal Charges under Texas Penal Code § 43.25

Anyone under the age of eighteen (18 years) is considered a child under Texas law: their involvement in either sexual conduct or sexual performance is a crime. The Crime of “Sexual Performance of a Child” The crime of “sexual performance of a child” is defined under Texas Penal Code Section 43.25 as involving any individual…

Posted on November 16, 2018 by Michael Lowe, on Child Pornography Charges, InDepth Articles, Sex Crimes |

Consumer Insurance Fraud: Crime Involving Submission of Insurance Claims

Anyone applying for insurance or submitting an insurance claim seeking payment pursuant to provisions of an insurance policy can be arrested and charged for insurance fraud under Texas Penal Code Section 35.02. In Texas, insurance fraud is prosecuted by the local District Attorney’s Office working with the Texas Commission on Law Enforcement (TCOLE) and the…

Posted on November 4, 2018 by Michael Lowe, on Fraud Charges, InDepth Articles |

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R R 2 months ago

My special needs families, listen up! If you find yourself in the shocking and surreal world where your adult child's behaviors related to IDD and mental health trauma are treated as criminal, Michael Lowe is who you call. When I was calling around initially, I found so few lawyers who understood or even cared to try to understand my son's disability and I felt so uneasy talking to them. I can not put into words the level of panic and fear racing through me during this time of utter shock and bewilderment as to the fact it was even happening! But then I spoke to Michael, and I immediately felt peace and knew by his kindness that he understood and I finally felt heard, and I felt hope. Our first meeting with Michael, he put my son with Down syndrome at ease and assured him everything would work out. As a single mom, his empathy and compassion towards my finances were also appreciated as he charged me a flat fee only, and our case took 2.5 years to complete. The goal was always to have the case dismissed and Michael accomplished that goal. My son has now been treated for his mental health, is healing from his trauma and is leading the life he was meant to have. We could not be be more grateful to Michael for his genuine compassion, generosity, gifted strategy and brilliant efforts in insuring this outcome. I never in a million years thought my family would go through something like this, and I had zero awareness until now that our special needs community needed an advocate for our adult kids who suddenly land in the criminal justice system. Since this experience, I have met other families in similar situations with less favorable outcomes and realized even more so how not only valuable, but imperative Michael Lowe and his services are to our community. I hope by writing this review, other families are able to get the help and successful outcome that we did from having Michael Lowe in our corner.

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Cesar Ruiz 3 months ago

This guy went above and beyond my expectations. I was burnt out from 2 previous lawyers before him who only sweet talked me and didn’t do a single thing for me. Michael did the opposite, he under promised and over delivered!!! He helped me on a case that very few lawyers had hope for! Words can’t explain the level of gratitude I have for this man. He truly is one of the best in his field. I have so much respect and love for this man now! Thank you Michael!

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Rogue Print 5 months ago

I had a complex legal question crossing two State's and Federal jurisdictions.

I contacted 11 Lawyers in two states for help. Some of the Lawyers specifically said they dealt with these situations on their website. 10 of those Lawyers would not even consider the case.

Michael Lowe took up the issue and PROMPTLY provided real legal advise for my circumstance. He researched and personally advised me with the applicable law and appropriate course of action. Even though he could not be retained and get paid, because he does not practice where I have to file, This Man helped out of the goodness of his heart, He did not have to. He got nothing out of it. But he did it anyway. There are so few people out there that are willing to help someone else.
I am so very grateful for him!

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Liosvel Vazquez 6 months ago

Mr Lowe is the best on what he is doing.. he resolved my case really fast. Super thankful.

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Sales M7 7 months ago

Michael represented me on a federal case. I came to Michael at the lowest point in life after removing my previous counsel. Michael & I met for an hour and it kind of felt as a good fit from the beginning hence I retained his services. He was empathetic and listened.

During representation we spent countless hours talking about my case to fine tune our strategy and were able to find a solution. He spent all this extra time without asking for any extra fees. I will always be thankful and grateful for what he has done for me. He really went above and beyond to help me.

Thank you, Michael!

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