Search Results for: bail

How Things Progress: Tips to Investigation to Arrest and Prosecution in an IRS Criminal Investigation

Violation of federal tax law is investigated by the Criminal Investigation Division of the Internal Revenue Service (“IRS CI”) and both business entities as well as individuals here in Texas may come involved with the Division’s Special Agents in several ways.  Sometimes, paths cross as the IRS CI is gathering facts and data and the…

Why You May Need a Federal Criminal Defense Lawyer in Texas

Every lawyer in Texas has to graduate from law school and pass the bar prior to licensure allowing them to practice law in this state.  In Texas, lawyers are licensed to practice law by the State Bar of Texas (SBOT) after being approved for admission by the Texas Board of Law Examiners.  Any Texas attorney…

How Arrests Happen: From Investigation to Arraignment, Being Charged for a Federal Crime

For anyone facing allegations of violating one or more federal criminal statutes, as well as their loved ones, the complexities of the United States criminal justice system can be overwhelming.  Understandably so: the federal structure is notoriously intricate. This is often true for professionals who have never had any encounters with law enforcement before, aside…

Illegal Reentry into Texas: Crimes Under Federal Statute and Texas Law

There are lots of names for people crossing the border into Texas without authority, including migrants, immigrants, illegals, undocumented noncitizens, illegal entrants.  See, “Illegal Alien” Is One of Many Correct Legal Terms for “Illegal Immigrant,” written by Alex Nowrasteh and published by Cato on October 14, 2019. However, the legal terminology pursuant to federal statute…

Retroactive US Sentencing Guideline (USSG) Amendments 2023

Those accused in federal court, no matter which state or which crime is involved, will have punishment after conviction determined in accordance with the United States Sentencing Guidelines (USSG) compiled and published by the United States Sentencing Commission (USSC).  This is a critical difference between the state and federal criminal justice systems. What is this…

When Someone Becomes a “Career Offender” under Federal Law

Al Capone is reported to have explained his activities during Prohibition as, “I am just a businessman, giving the people what they want,” but for many, there are few that better typify the career criminal than Al Capone, deemed “the most prominent figure of organized crime.” Read, Hipango Jr, Waata, Robert Smith, and Léo-Paul Dana….

Punishing Defendants for Exercising Their Right to Trial

Criminal defense attorneys practicing here in Texas, both in state and federal court, know all too well that it is a common practice for the government to punish defendants for exercising their rights – especially their right to a trial.  This is true despite the clear constitutional right to trial found in the Sixth Amendment…

Federal Sentencing for Zero-Point Offenders: New USSG §4C1.1 Effective November 2023

For those who are arrested and prosecuted in Texas for federal crimes, sentencing upon conviction is very different than if they had been charged for violations of Texas criminal law.  In federal matters, an independent federal agency created by Congress in 1984, the United States Sentencing Commission (USSC), will fix their punishment through its sentencing…

Overdose Death Investigations: Criminal Defense Considerations – Can the Prosecution Make Their Case?

Fentanyl is fueling more and more law enforcement investigations and criminal prosecutions in Texas for many things including, obviously, felony charges for drug trafficking and money laundering.  However, more and more often prosecutors are looking to find ways to charge the accused for a death caused by overdoses involving fentanyl, either used alone or with…

Solicitation of Prostitution or Sex Trafficking? Overzealous Prosecutions of Johns in Texas

Earlier this year, national headlines announced that the Department of Homeland Security had made almost four dozen (46) arrests for felony sex trafficking here in North Texas.  However, it was soon discovered that those arrested on federal felony charges as traffickers were actually individuals who thought they were dealing with sex workers (prostitutes) for consensual…