Search Results for: heroin

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…


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…


Illegal Drug Trafficking Business Operations in Texas: Federal Investigations into the Texas Mexican Mafia aka La Eme or Mexikanemi

The Texas Mexican Mafia once again made national news coverage recently with the flagrant prison escape by convicted capital murderer Gonzalo Lopez from a Texas prison bus in Centerville on May 12, 2022.  Lopez, recognized for his affiliation with the Mexican Mafia, was placed on the State of Texas’ 10 Most Wanted Fugitives List where…


Plea Bargaining and Making Deals in Federal Felony Cases: Criminal Defense Overview

In both Texas prosecutions and federal criminal matters, many – if not most – arrests do not end up as a criminal conviction with formal sentencing after a full trial before a judge or jury, but instead are resolved out of the courtroom in what is called “plea bargaining.”  This involves attorneys representing both the…


Felony Charges under Texas and Federal Law: Criminal Defense Overview

No action, or failure to act, is a crime for which someone can be arrested in Texas unless the government has defined it to be an illegal act.  This is the freedom at the core of our constitutional rights.  Crimes have to be defined by either state or federal law.  If the crime isn’t on…


Less Time for Federal Drug Crimes: When Safety Valve Defense Circumvents Mandatory Minimum Sentences Under Federal Law

Congress has passed mandatory minimum sentences for certain federal drug crime convictions, but it is possible to serve less time with the Safety Valve defense.  Here’s how that works. What is a crime in Texas?  It is whatever has been defined as illegal activity by Congress (for federal crimes) or the Texas Legislature. In federal…


Texas Drug Crimes: Criminal Defense Overview

Drug arrests in the State of Texas can be based upon either federal or state drug laws.  These are crimes defined within two completely separate jurisdictions needing distinctly different defense strategies. From a criminal defense perspective, the outcome can be very different for someone arrested for state drug crimes compared to those who are charged…


The First Step Act and Texas Criminal Defense in 2019: Part 2 of 2

What Texas Criminal Defense Lawyers – and Their Clients – Need to Know About the New Federal Sentencing Reforms In our previous discussion of the First Step Act (“FSA”), we discussed various ways this new legislation, effective on December 21, 2018, changes the federal sentencing laws as well as aspects of the federal prison system. …


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…


Money Laundering and Federal Sentencing Guidelines

Money laundering is a big deal here in the Lone Star State, at least for federal prosecutors.  In fact, Texas looks to be the number one state in the country for federal money laundering prosecutions.  Texas is Number One for Federal Money Laundering Cases According to the United States Sentencing Commission (USSC), in fiscal year…