Criminal Law Blog
Plea Bargaining and Making Deals in Federal Felony Cases: Criminal Defense Overview
In both Texas prosecutions and federal criminal matters, many – if not most – arrests do not end up as a criminal conviction with formal sentencing after a full trial before a judge or jury, but instead are resolved out of the courtroom in what is called “plea bargaining.” This involves attorneys representing both the…
Punishing Defendants for Exercising Their Right to Trial
Criminal defense attorneys practicing here in Texas, both in state and federal court, know all too well that it is a common practice for the government to punish defendants for exercising their rights – especially their right to a trial. This is true despite the clear constitutional right to trial found in the Sixth Amendment…
Federal Sentencing Guidelines Explained: How They Determine Prison Time
Understanding how federal sentencing guidelines work can mean the difference between years in prison or a reduced sentence. If you’re facing federal criminal charges in Dallas or anywhere in Texas, knowing how these guidelines affect your case is critical to building a strong defense strategy. For how these guidelines translate into real outcomes, our plea…
5K1.1 Motions and Substantial Assistance: Reducing a Federal Sentence by Cooperating
In the federal system, cooperation is the most common way a defendant earns a sentence below the advisory guideline range, and in some cases below a mandatory minimum. That reduction comes through a substantial assistance motion. The single most important thing to understand at the outset is this: the government controls the motion. A federal…
Plea Deal vs. Trial in Federal Court: Odds, Sentences, and the Trial Penalty by District
How often do federal defendants actually go to trial, how often do they win, and how much longer is the sentence after a trial than after a plea? This tool draws on the federal courts’ own case records to show the plea, dismissal, trial, and acquittal rates and the median prison sentences for every U.S….
How You Can Be Charged For “Reasonably Foreseeable” Acts By Your Co-Conspirators In Drug Conspiracy Cases
In federal drug conspiracy cases, you can be sentenced for drug quantities you never personally touched and for acts your co-conspirators committed without you, as long as those acts were within the scope of the agreement, in furtherance of it, and reasonably foreseeable to you under USSG § 1B1.3. This is the doctrine that turns…
What Is the Statute of Limitations On Federal Drug Conspiracy Cases?
The statute of limitations on federal drug conspiracy cases is five years under 18 U.S.C. § 3282, the general federal limitations statute for non-capital offenses. But that five-year clock does not work the way most people assume. In a drug conspiracy case charged under 21 U.S.C. § 846, the limitations period does not begin when…
Can You Be Charged With Federal Drug Conspiracy Without Touching Drugs?
Yes, you can be charged with federal drug conspiracy without ever touching, seeing, or possessing drugs. Under 21 U.S.C. § 846, the federal drug conspiracy statute, the crime is the agreement itself, not the drugs. Federal prosecutors only need to prove that you agreed with at least one other person to violate federal drug laws…
Can Federal Drug Conspiracy Charges Be Dropped or Dismissed?
Yes, federal drug conspiracy charges can be dropped or dismissed, though it requires a strategic defense built on specific legal grounds. The most common paths to dismissal include filing motions to suppress illegally obtained evidence, proving the government cannot establish an actual agreement to violate federal drug laws, exposing credibility problems with cooperating witnesses, and…
How Do Federal Prosecutors Prove a Drug Conspiracy?
Federal prosecutors prove a drug conspiracy by establishing that two or more people agreed to violate federal drug laws and that the defendant knowingly joined that agreement with the intent to further its illegal purpose. They do not need to prove you personally handled, sold, or even saw any drugs. The crime under 21 U.S.C….
