Search Results for: traffic stop
Thirteen Significant New Texas Criminal Laws Effective in 2023
Arrests in Texas can be based upon actions or investigations by either state or federal authorities or by a combination of the two in joint operations. From a criminal defense standpoint, the choice of law upon which the arrest is made is key. This is because criminal cases move through two entirely independent justice systems…
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Alien Smuggling in Texas: Federal Felonies & United States Sentencing Guidelines
The Texas border with Mexico extends 1254 miles. Along this international boundary there are currently 28 bridges and border crossings (including a couple of dams and a hand-drawn ferry) for travel between the two jurisdictions. And of course, there are long stretches of open riverbank along the Rio Grande where the waterway provides a natural…
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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…
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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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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…
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Racketeering in Texas: Criminal Defense Against RICO Charges
Today, everyone recognizes organized crime known as the “Mafia” or the “Cosa Nostra,” but it wasn’t until the middle of the 20th Century that these criminal enterprises were confirmed to exist. A man named Joseph Valachi is credited with being the first organization member to authenticate its existence, and he did so during public testimony…
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Fraudulent Use or Possession Charges in Texas: Identity Theft and Fake Credit Cards
The popularity of online shopping continues to increase in no small part due to the Coronavirus Pandemic. See, “Americans Keep Clicking to Buy, Minting New Online Shopping Winners,” written by Nathaniel Popper and published by the New York Times on May 1, 2020. Along with it, opportunities abound for illegally accessing things like credit card…
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What is Probable Cause for Police to Arrest in Texas?
Constitutional protections demand that probable cause exist before there can be a valid arrest. Probable cause is a term originating in our federal constitution which has been adopted in the Texas constitution. It is a tough, longstanding constitutional safeguard guaranteed by both our state and federal Bill of Rights. Specifically, both constitutions decree no member…
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Will Forfeiture Actions be Held Unconstitutional? SCOTUS Hears Oral Arguments in Timbs v. Indiana
On November 28, 2018, oral argument was heard in Tyson Tibbs v. Indiana, Cause No. 17-1091 before the Supreme Court of the United States. At the SCOTUS site, you can read the full transcript of this oral argument in Tibbs, or download it in various formats (MP3, etc.). This is a forfeiture case. It is…
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Carson County 1st Degree Felony Money Laundering Case Dismissed
Mr. Lowe’s client was targeted by State Trooper Danny Dawson as he was travelling west bound on I-40 through Carson County, Texas. Trooper Dawson stated in his arrest report that Mr. Lowe’s client was following too closely (Texas Transportation Code 545.062)and changed lanes without signalling (Texas Transportation Code 545.104) as the probable cause reasons for…
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