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Criminal Law Blog

Federal Crimes and Sentencing Guidelines: Health Care Fraud

Federal Charges for Healthcare Fraud Involving Texas Health Care Providers Texas physicians, as well as pharmacists, clinics, and other health care providers, need to be aware of the growing risk of investigation, arrest, and prosecution for violations of federal criminal laws involving health care fraud. Federal criminal law applying to the practice of medicine in…


What Happens When You Plead Guilty to Federal Drug Crime? From Guilty Plea to Sentencing Hearing in a Drug Case

Federal drug arrests can force the accused into negotiating a plea agreement, where special considerations apply to the defendant’s situation. Drug arrests are made every day here in Dallas as well as the rest of Texas.  Lots of drug busts are done by the local police or by county sheriff’s deputies.  They will make drug…


Criminal Defense Alert: Significant Changes in Amendments to 2018 Federal Sentencing Guidelines (USSG)

The 2018 Amendments to the United States Sentencing Guidelines (USSG) were unanimously adopted by the U.S. Sentencing Commission last month.  On May 1, 2018, the Federal Sentencing Guideline amendments were submitted to Congress. November 2018 Effective Date They will automatically become effective on November 1, 2018, unless Congress takes proactive steps to disapprove them.  For…


Relevant Conduct in the Federal Sentencing Guidelines: Acquittals and Uncharged Conduct

 Are federal judges limited to considering only final convictions in sentencing? Yes. After Nelson, arguably they must ignore facts of past acquittals, dismissals, or uncharged crimes. Federal criminal laws are violated all over the country.  There can be money laundering and drug trafficking in Alaska or Hawaii just as well as North Texas or South…


Federal Sentencing Guidelines: Conspiracy to Distribute Controlled Substance Cases

How the Federal Sentencing Guidelines are applied in a Conspiracy to Distribute Drugs case Drug arrests made by federal agents will be based upon federal law and proceed through federal courts, and the odds are high that the federal prosecutor will include a charge of “conspiracy” to the drug case. It’s an easy addition.  Most…


Federal Sentencing Guidelines on Federal Child Pornography cases

How the Federal Sentencing Guidelines are applied in a child porn case Child pornography arrests in Texas are often made by federal agents for violation of federal law.  Congress has passed sweeping and specific criminal statutes dealing with child pornography.  Found in Title 18 USC 2252 – 2260, they define the actions that constitute child…


The Early Part of a Texas Criminal Case in State or Federal Court

Why a Defense Lawyer is So Important in the First Stages of a Criminal Case Crimes that can get you arrested in the Dallas – Fort Worth Metroplex, as well as the rest of the Lone Star State, are defined by the Texas Penal Code as well as federal statute.  Every single day, arrests are…


What You Need to Know If You are Facing Money Laundering and Drug Trafficking Charges

Crimes involving drug trafficking activities are aggressively prosecuted at both the state and federal levels.  Oftentimes defendants are charged with money laundering crimes in addition to other drug-related offenses.  Michael Lowe, an experienced Texas criminal defense attorney, explains the laws behind money laundering crimes along with the tactics and strategies law enforcement officials use to…


False Rape or Sexual Assault Claims: False Allegation is a Felony Charge

Last week in a North Texas courtroom up in Sherman, Texas, 19-year-old Breana Rachelle Harmon stood up before the 59th Judicial District court bench and pled guilty to filing a false rape claim back in March 2017. North Texas Teen Pleads Guilty to False Rape Accusation: Harmon Plea Deal Harmon was indicted on (1) two…


Prosecutorial Misconduct in Twin Peaks: Waco DA Dismisses and AG Refuses to Prosecute

Two weeks ago, Waco Top Prosecutor Abel Reyna recused himself from the prosecution of two cases in the Twin Peaks shootout and successfully moved for dismissal of all charges against another 13 defendants. This happened on the same morning that there was a hearing scheduled on the corruption allegations filed against Reyna in his role…