Search Results for: forfeiture
Will Media Coverage Finally Stop Government From Grabbing Your Property in Forfeiture?
Finally, the public is waking up to the wrong that is civil forfeiture laws – something that we’ve been monitoring here since April 2010. There’s still lots to be done, but there is reason to be optimistic that the government’s ability to grab your property without any criminal wrongdoing even being alleged on your part…
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Lessons of The Gas Pipe Bust: Traffic Stop Leads to Major Synthetic Marijuana Bust and Big Federal Forfeiture Grab
It all began with a simple traffic stop back on December 4, 2013. That’s when a Denton County Deputy Sheriff pulled over a Ford pickup truck and asked the driver if he could search the vehicle. The driver said okay, and the Deputy Sheriff discovered stuff used to grow marijuana, as well as marijuana residue…
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The Forfeiture Epidemic: When the Government Just Takes Your Property and Keeps It
Many people here in Dallas and around the State of Texas naively assume that their property is theirs, protected by state laws and the federal Constitution from being taken from them without legal due process. They are wrong. There are laws on the books, passed by the Texas Legislature and the U.S. Congress, that allow…
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Report on Forfeiture Abuse by State and Federal Law Enforcement Added to Michael Lowe Digital Library Today
Today, a report detailing the abuses of civil forfeiture laws by law enforcement officials in Texas and around the country, including federal agencies, was added to Michael Lowe’s collection in his Digital Library: Policing for Profit, The Abuse of Civil Asset Forfeiture by Institute for Justice 2010
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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,…
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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…
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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…
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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…
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Restitution Under Federal and Texas Law: Criminal Defense Overview
Our criminal justice system provides for the government to take property (real and personal) from individuals in a number of ways. For instance, monetary fines are established by statute as punishment alongside periods of incarceration. There are also forfeiture laws, which allow the taking of property even before any conviction has occurred. For more on…
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PPP Fraud: Government Loans and Federal Arrests Based on COVID-19 Relief
Last year, in response to the economic harm suffered in Texas and across the country due to the COVID-19 Pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), authorizing over Two Trillion Dollars ($2,000,000,000,000.00) in relief with $377 Billion of that sum dedicated to help small business owners. The Paycheck Protection…
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