Criminal Law Blog
Policy Changes in Charges, Pleas, and Sentencing for Federal Drug Crime Prosecutions: New AG Garland DOJ Directive
An internal memorandum from the Attorney General of the United States (“AG”) addressed to “all federal prosecutors” may not seem that powerful to some. After all, it isn’t a new federal statute passed by Congress and it isn’t an Executive Order signed by the President. Still, a single memo from the AG can cause major…
Encryption and Law Enforcement Investigations: Police Access to Encrypted Data
Last month, Apple announced its new end-to-end encryption for data stored by its customers in iCloud, Apple’s cloud storage service. It’s being heralded as “police-proof” in the media. Read, “Apple Set to Launch New, Police-Proof, Full End-to-End Encryption,” written by the Associated Press and published in the Daily Sabah on December 9, 2022. Apple explains…
Bail after Federal Arrest in Texas and The Bail Reform Act of 1984
Bail after an arrest by federal law enforcement is very different than when someone enters the state criminal justice system. Texas bail is allowed much more often than it is in federal court. It’s not that bail is not routinely considered a part of federal matters. News coverage is filled with federal bail stories. This…
Jalisco New Generation Cartel Arrests in Texas: 2023
The amount of law enforcement effort at every level (state, federal, international) to try and combat the growing global business empire of the Jalisco New Generation Cartel is undeniably extreme and well-funded. From a criminal defense perspective, few governmental efforts in recent memory have had this zeal and scope. In 2023, we should expect a…
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…
