Criminal Law Blog
What Is the Difference Between Federal Drug Conspiracy and State Drug Charges in Texas?
Federal drug conspiracy charges and Texas state drug charges are prosecuted under different laws, carry different penalties, and operate under fundamentally different rules that can mean the difference between probation and decades in federal prison with no possibility of parole. The federal system is generally far more punishing than Texas state court for drug offenses,…
Should You Consent to a DNA Buccal Swab Without a Search Warrant In Texas? Former Prosecutor Reveals Why Consenting Is Bad Advice
Refusing to consent to a voluntary DNA buccal swab in Texas forces the detective to obtain a search warrant, and to get that warrant the officer must file a sworn probable cause affidavit that becomes a public record. That affidavit hands the defense a written map of the state’s evidence before any charges are filed,…
Polymarket Insider Trading and Federal Wire Fraud: What the Van Dyke Indictment Means
Polymarket insider trading just stopped being theoretical. On April 23, 2026, federal prosecutors in the Southern District of New York unsealed a five-count indictment that turned a U.S. Army Master Sergeant’s four-day Polymarket trading spree into a federal wire fraud and money laundering case, complete with a $404,000 forfeiture demand and the personal signature of…
Drug Conspiracy vs. Drug Possession Charges: Key Differences
Drug conspiracy and drug possession are two very different charges, even though they both involve controlled substances. Drug possession means you were caught with drugs on your person or within your control, and it focuses on what you physically had. Drug conspiracy, on the other hand, charges you with agreeing with others to commit a…
How Pinkerton Liability Works in Federal Drug Conspiracy Cases
Pinkerton liability is a federal legal doctrine that holds every member of a conspiracy criminally responsible for all crimes committed by any co-conspirator, even if they did not personally commit, participate in, or know about those crimes. In federal drug conspiracy cases, this means you can face conviction and sentencing for drug quantities you never…
The Buyer-Seller Exception: When Buying Drugs Is Not a Conspiracy
Simply buying drugs from someone does not automatically make you a co-conspirator in a drug distribution ring. Under both federal and Texas law, a buyer-seller relationship, standing alone, is not enough to prove a conspiracy. Yet prosecutors routinely try to charge drug buyers as full conspirators, exposing them to the same severe penalties as the…
Federal Sentencing Guidelines: Conspiracy to Distribute Controlled Substance Cases (Drug Conspiracy)
Federal sentencing in a conspiracy to distribute controlled substances case is driven by three things: the type and amount of drugs involved, the defendant’s criminal history, and the role the defendant played in the offense. The sentence itself comes from an intersection of the Controlled Substances Act’s statutory penalties and the Federal Sentencing Guidelines, which…
Co-Conspirator Hearsay: How Statements by Others Can Be Used Against You In Drug Conspiracy Cases
In federal drug conspiracy cases, statements made by alleged co-conspirators can be used against you at trial, even if you never heard those statements and never met the person who made them. Under Federal Rule of Evidence 801(d)(2)(E), the government can introduce out-of-court statements by a co-conspirator that were made during and in furtherance of…
ICE Hold at Dallas County Jail? Don’t Post Bond
ICE hold at Dallas County jail? Posting bond can trigger deportation. Criminal defense attorney explains how staying in county custody protects your case.
Should You Talk to Police? A Former Prosecutor Turned Federal Defense Lawyer Explains
Should you talk to police? In almost every case, no. Federal criminal defense attorney Michael Lowe explains your Fifth Amendment rights, when proffer agreements and safety valve federal sentencing create limited exceptions, and what to do if law enforcement contacts you.
