Criminal Law Blog
Categorical Approach: Longer Federal Sentences With Past Convictions
Things can get darker for those with past criminal convictions and a new federal arrest. There are times when new convictions will result in enhanced (greater, longer) punishments based upon prior criminal offenses. How? Federal law will require the defendant’s sentence be boosted in time to be served behind bars because of something in the…
Retroactive US Sentencing Guideline (USSG) Amendments 2023
Those accused in federal court, no matter which state or which crime is involved, will have punishment after conviction determined in accordance with the United States Sentencing Guidelines (USSG) compiled and published by the United States Sentencing Commission (USSC). This is a critical difference between the state and federal criminal justice systems. What is this…
Thirteen Significant New Texas Criminal Laws Effective in 2023
Arrests in Texas can be based upon actions or investigations by either state or federal authorities or by a combination of the two in joint operations. From a criminal defense standpoint, the choice of law upon which the arrest is made is key. This is because criminal cases move through two entirely independent justice systems…
Alien Smuggling in Texas: Federal Felonies & United States Sentencing Guidelines
The Texas border with Mexico extends 1254 miles. Along this international boundary there are currently 28 bridges and border crossings (including a couple of dams and a hand-drawn ferry) for travel between the two jurisdictions. And of course, there are long stretches of open riverbank along the Rio Grande where the waterway provides a natural…
Safe Harbor Defenses to Health Care Fraud Kickback Charges
Evolving Safe Harbor Provisions to the Federal Anti-Kickback Law can form the Basis for a Defense to Health Care Fraud Charges Kickbacks are illegal activities that can happen in all sorts of endeavors, from construction and real estate development to banking or politics. The term is broadly defined by Cornell Law School, citing Fischer v….
When Businesses are Charged with Crimes: Organizational Offenders
First things first, we all know they’re not people. In legal jargon, corporations are “legal entities” that exist through the operation of state law (usually) under things like the Texas Business Organizations Code, where “corporation” is defined as “…an entity governed as a corporation under Title 2 or 7. The term includes a for-profit corporation,…
When Someone Becomes a “Career Offender” under Federal Law
Al Capone is reported to have explained his activities during Prohibition as, “I am just a businessman, giving the people what they want,” but for many, there are few that better typify the career criminal than Al Capone, deemed “the most prominent figure of organized crime.” Read, Hipango Jr, Waata, Robert Smith, and Léo-Paul Dana….
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…
SCOTUS, USSC, and Proposed USSG Amendment Addressing Acquitted Conduct
The scenario: someone is charged with a serious crime in federal court. There is no plea deal; the case goes to trial. Both sides rest, and the case goes to the jury. The jury deliberates and returns with a “not guilty” verdict. This is great for the accused, right? Sure. But that verdict is not…
Don’t ever talk to the police!
Listen as Michael Lowe shares, “Don’t ever talk to the police!” on YouTube.
