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Criminal Law Blog

Texas DWI Arrests: Drunk Driving Crackdown by Police and Prosecutors Just Keeps Getting Bigger as Paramedics Do Roadside BAC Tests and Feds Push for Lower .05 BAC Limit

Make no mistake, Texas law enforcement – from troopers on the road to district attorneys heading up offices filled with prosecutors in counties all around the state – are focused upon arresting and charging people for DWI.  And things are getting tougher out there for anyone on the road with even a single glass of…


National Drug Use Study: Marijuana and Heroin Use Skyrocketing and Local Prosecutors Are Revving Up for Severe Sentences

The federal government monitors drug use — specifically illegal drug use (including alcohol) — in several ways, including research studies like the one just released this week by the Substance Abuse and Mental Health Services Administration (SAMHSA). This study, done each year by the SAMHSA, is the National Survey on Drug Use and Health and…


Medicaid Fraud Is Big (BIG) Target of Both Federal Authorities and Texas Law Enforcement in 2013

Health care fraud — fake billing to Medicare or Medicaid — can be very profitable for doctors, dentists, hospitals, care facilities, home health care providers, equipment suppliers: really, it’s a big temptation for anyone who is in a position to file a payment request to either federal government health care program. Which means that both…


Texas Stop and Frisk: The New York City Stop and Frisk Law Just Held Unconstitutional – Texas Law Is Not Involved Here

There’s a lot of chatter this month about “stop and frisk laws” and the recent ruling by U.S. District Judge Shira Scheindlin who presides over a federal trial court up in the heart of New York City. In a lengthy (195 pages) decision (read it here), the Manhattan federal judge ruled that it violates the…


Police and Your Phone: The Justice Department Pushes Supreme Court To Okay Police Searching Your Phone Without a Search Warrant. Will Your Smartphone Be Private Anymore?

We’ve posted about police in Texas circumventing search warrants to get cell phone tower information by getting special court orders from Texas judges and how many are concerned that this is a constitutional violation of our rights to privacy. (The Fifth Circuit Court of Appeals, which presides over Texas in federal appellate matters, has ruled…


Federal Drug Crimes Get Different Treatment by U.S. Attorneys Per Eric Holder – What Does This Mean for Texas Defendants?

Federal drug crimes are going to be treated differently by federal prosecutors; here’s why and what it means to people in Dallas and Fort Worth and the rest of Texas that face drug arrests based on federal law. Federal Drug Crimes Punishment Set Out if Federal Sentencing Guidelines  Federal crimes that result in convictions force…


Heroin Use Among Teens and Young Adults: Dallas, Fort Worth Suburbs Will See More Heroin Arrests as Popularity of Heroin Continues to Rise

Heroin is here, in a big way.  Heroin is a very popular drug among lots of young people for several reasons: this is a reality known to most Dallas area criminal defense lawyers, but only recently has the popularity of heroin use among middle class users become known to the public that doesn’t deal with…


Mortgage Fraud Investigations Finally In the Limelight: Expect to See More Federal Mortgage Fraud Charges in the Future

Mortgage fraud charges are serious felony charges under either federal or state law, and more and more law enforcement efforts are being channeled into investigating financial fraud cases that involve home loans and lenders loaning mortgage money based upon documentation that is later alleged to be fraudulent. Mortgage fraud targeting isn’t new: the Federal Bureau…


Garland Indecent Exposure Case Reduced to Class “C” Misdemeanor

Mr. Lowe’s client was found masturbating in his car while illegally parked in a fire land on West Centerville Road in Garland Texas.  Garland Police walked up to his vehicle while he was exposed and masturbating in a public place.  The client was arrested and charged with the Class “B” Misdemeanor of Indecent Exposure; jailable…


Dallas County DWI Breath Test Case Dismissed

Mr. Lowe’s client was visiting Dallas for the Superbowl from the East Coast.  Mr. Lowe’s client was stopped leaving a restaurant on Belt Line in Addison, Texas.  The client was asked to perform all three standardized field sobriety tests.  The Addison Police Officer claimed that Mr. Lowe’s client failed all of the test and he…