Search Results for: bail
Xylazine or Tranq: Zombie Drug is New Focus for Drug Arrests in Texas
Drug arrests in Texas that may include other serious charges (like conspiracy or homicide) are known to be fixed upon fentanyl these days; both Texas and federal law enforcement are blatantly targeting fentanyl use as well as its manufacture and distribution. For more, read our earlier discussions in Fentanyl Charges Under Federal Law: Felonies and…
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Federal Sentencing for Drug Couriers and Drug Mules
At perhaps the lowest rung of the organizational ladder for illegal cartel operations here in Texas and elsewhere is the courier or “mule.” These are the people who physically transport or move stuff from one point to another. Maybe it’s across international borders or over state lines. It may be on foot (i.e., ingested); by…
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Marijuana Trends and Sentencing in the Federal System: New 2023 USSC Report
From a criminal defense standpoint, in federal matters it is extremely important not only to research statutes and court case precedent but to monitor federal agency actions and positions – especially within the Department of Justice (“DOJ”) or the Judicial Branch. Things change with the times, and with administrations. And these changes can impact how…
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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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Diversion Programs in Texas
In Texas, both the state and federal systems of criminal justice offer opportunities for individuals to be “diverted” from the standard route of conviction, sentencing, and imprisonment into any one of a number of alternatives. Collectively, these are called “diversion programs.” They are voluntary: the state cannot force anyone to participate in them. What is…
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Shoplifting: The “Shopkeeper’s Privilege” in Texas and Civil Personal Injury Claims
The retail industry in the United States has yet to solve its growing problem of “retail shrink,” which is defined as “the difference between the amount of merchandise (or inventory) that the retail company owns on its books, and the results of a physical count of the merchandise.” In 2019, $49 Billion was lost in…
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Coronavirus in Texas Jails and Federal Prisons: Release Pending Trial
The Coronavirus Pandemic is unprecedented in its impact upon our lives, and this includes the criminal justice system. The danger of coming into contact with COVID-19 is so great that “Stay at Home” Orders have been issued for Collin, Dallas, Denton, and Tarrant Counties as well as other communities across the state. The Incarcerated are…
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Grand Jury Proceedings in Texas: Indictment and Defense
An overview of Grand Jury Proceedings from a criminal defense lawyer’s standpoint. There are two kinds of juries in Texas: “petit juries” and “grand juries.” In criminal cases, a “petit jury” is selected to serve in a particular trial in order to decide on the defendant’s guilt or innocence. A “grand jury” never makes that…
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Examining Trials in Texas
Innocent people can be arrested. Wrongful arrests happen, too, where police officers, sheriff’s deputies, or federal agents arrest people with insufficient “probable cause” to do so, in violation of the individual’s federal and state constitutional rights. For details, read “What is Probable Cause For Police to Arrest in Texas?” When these are felony arrests made…
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Latest Forfeiture Ruling by SCOTUS: What Does It Mean for Texas Criminal Defense?
Timbs v. Indiana is the first step in ending state-wide forfeiture abuse In an opinion written by Justice Ginsburg with two concurrences filed by Justice Gorsuch and Justice Thomas, the Supreme Court of the United States (SCOTUS) vacated and remanded the judgment of the Indiana Supreme Court in Timbs v. Indiana on February 20, 2019….
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