Search Results for: heroin
What Happens When You Plead Guilty to Federal Drug Crime? From Guilty Plea to Sentencing Hearing in a Drug Case
Federal drug arrests can force the accused into negotiating a plea agreement, where special considerations apply to the defendant’s situation. Drug arrests are made every day here in Dallas as well as the rest of Texas. Lots of drug busts are done by the local police or by county sheriff’s deputies. They will make drug…
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Criminal Defense Alert: Significant Changes in Amendments to 2018 Federal Sentencing Guidelines (USSG)
The 2018 Amendments to the United States Sentencing Guidelines (USSG) were unanimously adopted by the U.S. Sentencing Commission last month. On May 1, 2018, the Federal Sentencing Guideline amendments were submitted to Congress. November 2018 Effective Date They will automatically become effective on November 1, 2018, unless Congress takes proactive steps to disapprove them. For…
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Federal Sentencing Guidelines: Conspiracy to Distribute Controlled Substance Cases
How the Federal Sentencing Guidelines are applied in a Conspiracy to Distribute Drugs case Drug arrests made by federal agents will be based upon federal law and proceed through federal courts, and the odds are high that the federal prosecutor will include a charge of “conspiracy” to the drug case. It’s an easy addition. Most…
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Texas in the 2017 DEA National Drug Threat Assessment
A few weeks ago, the Drug Enforcement Administration released its annual drug crime report, entitled the 2017 National Drug Threat Assessment. It’s published as the government’s latest “…comprehensive strategic assessment of threats posed to our communities by transnational criminal organizations and the illicit drugs they distribute throughout the United States.” (Report, page 7.) 2017 DEA…
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The Police Power to Search Your Car: SCOTUS May Change Things in Byrd and Collins
Things change. And in criminal law, sometimes things change because the Supreme Court of the United States changes them. Last month, we got a heads up that SCOTUS may be changing the law that controls when a police officer can search someone’s car. That’s because the High Court started its new term right off the…
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What are Racketeering Charges? Organized Crime, Gangs and Cartels, and Overcharging RICO
Most people think of movies like “The Untouchables” or “the Godfather” when asked about “racketeering” charges and arrests on R.I.C.O. violations. Makes sense; RICO was designed to combat “organized crime” in this country, and as a general rule that has meant the Mafia. The Cosa Nostra was its original target. RICO Act: Racketeering Charges Expand…
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Prosecutors Have Standards to Follow: the Federal Principles of Prosecution
Prosecutorial misconduct remains at epidemic proportions here in Texas as well as the rest of the United States. We discuss the problem periodically because it’s a scary reality for criminal defense lawyers and their clients. Prosecutors can abuse their power and do bad things. It happens. All too often. For more on prosecutorial misconduct, check…
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New Medical Marijuana Lawsuit Filed Against Attorney General, DOJ, and DEA
Two and a half weeks ago, a little girl from Rowlett named Alexis Bortell filed a lawsuit in federal court against the federal government because she wants access to medical marijuana here in Texas. She’s sick; Alexis suffers from epileptic seizures. Medical marijuana helps her – she doesn’t have the seizures if she uses it. …
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Gang Crime Charges: Increasing Prosecution of Gang-Related Crimes in Texas
This week, President Trump publicly blamed former President Obama for allowing known Central American gang MS-13 to gain a foothold in the United States. See, “Trump blames Obama for formation of MS-13 crime gang,” published by the Business Insider on April 17, 2017. Two months ago, the President signed a series of three executive orders…
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Juvenile Arrests in Texas: When Kids Are Charged With Adult Crimes
Here in Texas, there’s lots of talk about what is the right age for prosecution as an adult and not as a juvenile. Is Texas wrong to prosecute seventeen year olds as adults? Big hint here: the United States Supreme Court has ruled that in the United States of America, you become a legal adult…
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