Criminal Law Blog
The Importance of a Probable Cause Affidavit in Texas Criminal Defense
For the general public, learning about probable cause affidavits in criminal matters often comes from news stories of court orders sealing the affidavit from public view in high-profile cases. Two recent examples: first, the ongoing media coverage of a probable cause affidavit alleging criminal acts that led to a federal search warrant being issued of…
Fentanyl Charges Under Federal Law: Felonies and Range of Sentencing
Fentanyl is a primary focus of both state and federal law enforcement today. The illegal manufacture, distribution, sale, or possession of fentanyl is a serious drug crime in both jurisdictions. Right now, Texas’ Operation Lone Star has the state governor mandating state and local law enforcement dedicate significant time and effort to investigations and arrests…
Are Texas Anti-Smuggling Laws Unconstitutional? Governor Abbott and Texas Penal Code §20.05 and §20.06
Our state government continues to take independent state action using criminal laws to try and stem all sorts of border activities involving both people and things crossing from Mexico into Texas. Recently, for instance, Governor Abbott issued an executive order announcing that two Mexican Cartels, and possibly more in the future, will be considered as…
Texas Governor’s Designation of Mexican Cartels As Terrorist Organizations: Criminal Defense Perspective
On September 21, 2022, the Office of Texas Governor Greg Abbott issued a press release with its accompanying Executive Order GA-42 and the news that, at least in the State of Texas, Mexican cartels are now considered to be “terrorist organizations” by state law enforcement. In the release, Governor Abbott explains that the growing market…
Texas Domestic Violence Charges: the New 2022 Federal Gun Ban
The tragic shooting at Robb Elementary School in Uvalde, Texas, on May 24, 2022, claimed the lives of nineteen children and two adults. For details, read the coverage series provided online by the Texas Tribune. Understandably this had a tremendous and shattering impact not only for the local community who suffered personal losses, but for…
Elder Crimes: Federal Prosecutions and the Elder Justice Initiative
According to federal and state statute, anyone age 60 years or older is legally considered to be elderly. See, 42 U.S.C. § 1397j(5) and Texas Human Resources Code §102.001(5). In some Texas criminal laws, elderly is defined as anyone who is age 65 or older. It is easy to imagine an elder as a grey-haired…
How Criminal Charges Get Dropped in State and Federal Cases
Here in Texas, once someone is formally accused of a crime (under state or federal law) they enter our criminal justice system. There are only so many ways they will be able to exit. Dropped charges? It is true that criminal charges can be made against an individual and later dropped. It happens a lot…
Ring Cameras and Police Surveillance: Growing Police Power Privacy Concerns
Ring camera videos on YouTube can be fun: there are bears in backyard pools and cute kids in doorways. However, from a criminal defense standpoint, the growing temptation for law enforcement to access Ring doorbell recordings (audio and/or video) in their criminal investigations is troublesome. When it happens without (1) the Ring owner’s consent or…
Online Child Pornography Arrests: Video Conferencing and Online File Sharing Services Targeted by Federal Investigators
It’s incredibly easy to chat or share photos over the internet today – for free. Popularity skyrocketed for these online opportunities for business conferences as well as personal conversations with friends or family during the COVID Pandemic. Now, video conferencing and online file sharing services are commonplace and their popularity continues to grow. Read, “Videoconferencing…
Illegal Drug Trafficking Business Operations in Texas: Federal Investigations into the Texas Mexican Mafia aka La Eme or Mexikanemi
The Texas Mexican Mafia once again made national news coverage recently with the flagrant prison escape by convicted capital murderer Gonzalo Lopez from a Texas prison bus in Centerville on May 12, 2022. Lopez, recognized for his affiliation with the Mexican Mafia, was placed on the State of Texas’ 10 Most Wanted Fugitives List where…
