Being charged with involvement in a federal drug trafficking conspiracy in Texas kicks off a complex legal process, unlike state criminal cases. Here is an overview of the key stages and procedures those accused of federal drug conspiracy crimes in Texas face, along with how a Texas attorney can help.

Indictment and Arrest

A federal grand jury will decide whether to issue an indictment formally charging alleged co-conspirators. Grand juries do not hear from the defense, only prosecutors. If indicted, federal marshals will arrest the defendants. Initial appearances before a magistrate will address bail and temporary representation by a public defender for those who cannot afford private counsel.

Pretrial Motions

Once defense counsel is retained or appointed, attorneys start filing pretrial motions seeking to suppress illegally obtained evidence or statements from the accused conspirators. Complex wiretap, search warrant, and Miranda issues often arise that skilled federal lawyers will pursue. Motions may also challenge procedural defects or request severing defendants into separate trials if defenses conflict.

Defendants facing federal criminal charges in Texas often face the prospect of stringent, lengthy prison sentences imposed under rigid federal sentencing guidelines. However, federal defense attorneys well-versed in guidelines and rules know how to argue for reduced sentences on behalf of their clients in appropriate cases. Here are some of the most important strategies used by adept lawyers to potentially lower federal sentences in Texas cases.

Plea Bargain Agreements

Engaging in thorough pre-trial negotiations with federal prosecutors to secure favorable plea bargain agreements is a critical first step. Well-crafted plea deals will contain specific sentencing recommendations to the judge for a lower sentence than guidelines advise or than the defendant would likely receive if convicted at trial. 

While Texas federal judges make the final sentencing decision, recommendations from the prosecution in a plea agreement carry substantial influence. Agreeing to a reasonable plea deal early on with a lighter recommended sentence often makes more strategic sense than taking a case to trial and risking a higher sentence if convicted.

Technology continues to transform all aspects of society - including the field of white collar crime investigation. Advanced computing power, digital communications, and online records have fundamentally changed how investigators pursue complex financial fraud, corruption, and cybercrime cases. Here is an overview of some of the key impacts of technology on crime investigations and how a Texas attorney can help.

Vastly Increased Data Sources

The digital trails left by suspects have exploded the amount of potential evidence available to investigators. Emails, texts, online activity logs, GPS data, mobile/CCTV footage, and records from smart home devices can all be parsed for clues. This veritable “big data” treasure trove can reveal communication patterns, transactions, locations, and more. However, it requires new data mining tools and techniques to filter meaningful signals from noise.

Faster Forensic Analysis

Specialist software can quickly analyze massive sets of financial records, communication data, and network activity to highlight inconsistencies, identify social networks through link analysis, detect statistical anomalies, and provide visualizations that convey insights. This allows investigators to rapidly trace money flows, unveil associations between co-conspirators, and pinpoint suspects.

In the state of Texas, drug offenses are taken very seriously. Simple possession of certain drugs may lead to misdemeanor or felony charges, and more serious charges will typically apply if a person is accused of drug distribution or manufacturing controlled substances. However, there are some cases where drug-related crimes can result in charges at the federal level. People who are involved in schemes to distribute drugs or engage in drug trafficking may face federal drug conspiracy charges. When defending against these charges, it is crucial to work with an attorney who has experience representing clients in federal courts.

What Is a Drug Conspiracy?

The term “drug conspiracy” generally refers to an agreement between at least two people to commit a crime related to illegal drugs. A conspiracy may involve planning and working together with others to distribute, manufacture, import, or possess controlled substances with the intent to sell them illegally.

In order for a drug conspiracy charge to be brought against someone in Texas, there must be evidence of an agreement between multiple people involved in illegal drug activities. The agreement does not have to be formal or written; it can be implied through actions and communications. Evidence of a conspiracy may include photos of people meeting together, phone call recordings, text messages, emails, or other records of communication.

Parents are required to protect and care for their children. However, accidents can happen in any household, and in some cases, parents may be worried that they could face criminal charges when their children suffer injuries. There are some situations where a parent may be charged with the offense of injury to a child, and it is important for parents to understand the circumstances that could lead to these charges and the penalties of a conviction. Contacting an attorney to defend yourself against these charges is a wise decision to ensure you can pursue a favorable case outcome.

Child Neglect and Abuse

In cases where a child's injury may have occurred because of neglect or abuse, a parent may face criminal charges. Child neglect may occur in situations where a parent or caregiver fails to provide the proper supervision, nutrition, healthcare, education, or protection for a child. Child abuse, on the other hand, involves intentional harm to a child through physical violence, emotional abuse, or sexual assault.

If there is evidence showing that a parent's actions or their failure to provide care and supervision directly caused harm to their child, then the parent may be charged with injury to a child. Suspicions of abuse or neglect may lead to investigations by Child Protective Services, which may decide to remove a child from their parent’s home to protect the child’s safety. In these situations, parents may need to address issues related to the custody of their children along with criminal charges related to the child’s injuries.

In the state of Texas, engaging in prostitution is a criminal offense, and people who hire prostitutes may also face criminal charges. If you have been arrested for offenses related to prostitution, it is crucial to understand the potential penalties you may face and your options for defense.

The Definition of Prostitution and Solicitation

Under Texas law, prostitution refers to the act of offering or agreeing to engage in sexual conduct with another person for compensation. Solicitation, on the other hand, involves offering or agreeing to pay someone for engaging in sexual conduct. “Sexual conduct” may include sexual intercourse or other forms of sexual contact. While prostitution may be charged as a Class B misdemeanor, solicitation of prostitution may result in state jail felony charges.

Texas law also defines the offense of promotion of prostitution, which may apply when someone is accused of facilitating a transaction in which a person engages in sexual conduct for hire. This can be done by operating an establishment such as a brothel, using online advertisements to facilitate transactions, or otherwise accepting money on behalf of a person who has engaged in prostitution. Promotion of prostitution is generally charged as a third-degree felony.

White collar crimes are serious offenses, and they can have severe legal consequences for those accused or convicted of these charges. If you have been charged with a white collar crime in Texas, you have the right to defend yourself, and you should be treated as if you are innocent until you are proven guilty in a court of law. The key to mounting a successful defense is enlisting the help of an experienced criminal defense attorney who has experience representing clients who have been charged with white collar crimes. Here are some possible defenses that may be available to you as you address criminal charges:

1. Lack of Intent

To prove that a person is guilty of a white-collar offense such as fraud or embezzlement, the prosecution must demonstrate that the defendant had the intention to commit the crime knowingly and willfully. That is, the defendant must have intended to wrongfully deprive someone else of their money or property. If your attorney can show that there was no intent on your part to engage in illegal activity or commit fraud, this can weaken the prosecution's case against you, and the charges could potentially be dismissed.

2. Mistaken Identity

The identity of the alleged perpetrator of a white collar offense will be a crucial aspect of a criminal case. Your attorney may be able to argue that you were wrongly identified as the perpetrator based on unreliable witness testimony or insufficient evidence linking you to the alleged crime. In some cases, you may be able to show that you were the victim of identity theft and that someone else used your name or identifying information to commit the offense in question.

When a person is charged with a criminal offense in Texas, intent will often play a crucial role in determining the outcome of a case. Intent refers to the mental state or purpose behind an individual's actions. It is an essential element that the prosecution must prove beyond a reasonable doubt in order to secure a conviction. Understanding the role of intent is vital for defendants.

Types of Intent

In Texas, there are several different types of intent that can be relevant in criminal cases:

1. General intent

   This refers to the intent to commit a particular act, without the need to prove a specific outcome or result. For example, if someone intentionally strikes another person, causing harm, they can be charged with assault, even if they did not intend to cause serious injury.

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Embezzlement is a serious crime that involves the misappropriation of funds or other property entrusted to someone's care. In Texas, embezzlement is a white collar crime that is a form of theft, and depending on the circumstances of a case, it may be treated as a misdemeanor or felony offense. If convicted, individuals may face severe penalties, including imprisonment and hefty fines. People accused of this offense will need to be sure to understand the elements of embezzlement and the circumstances under which a person can be charged with this crime in Texas.

What Is Embezzlement?

While embezzlement is not a formal offense that is defined in Texas law, it is a form of theft that may result in criminal charges. Embezzlement occurs when a person who has been entrusted with someone else's property or funds intentionally misappropriates or converts them for personal gain. This crime typically involves a breach of trust, as the individual accused of embezzlement had usually been granted authority or responsibility over the assets they are accused of stealing.

Embezzlement can take various forms, such as:

Drunk driving can be very dangerous, and when drivers are under the influence of alcohol or drugs, they are more likely to cause accidents that may result in serious injuries and extensive property damage. Because of these dangers, the laws prohibiting intoxicated driving are strictly enforced. Driving while intoxicated (DWI) is a serious offense in Texas, with severe consequences for those who are convicted. However, if a child is present as a passenger in a vehicle operated by an intoxicated driver, the charges and penalties can become even more severe. People who have been arrested for drunk driving will need to understand the legal implications of Texas DWI charges involving a child passenger.

Child Endangerment Laws in Texas

Texas has specific laws in place to protect children from being exposed to dangerous situations, including cases where a child is in a vehicle operated by an intoxicated driver. According to Texas Penal Code Section 49.045, a person can be charged with the offense of Driving While Intoxicated With Child Passenger if they were operating a vehicle while under the influence of an intoxicating substance, and there was a child under the age of 15 in the vehicle at the time of the offense.

It is important to note that the child passenger does not have to be related to the driver for this charge to apply. Any child under the age of 15, regardless of whether they are the child of the driver, another family member, or a neighbor, triggers the enhanced charge.

Child molestation is a serious offense that is met with severe penalties in the state of Texas. Child molestation is also known as child sex abuse, and it generally refers to any sexual act or sexual contact with a child under the age of 17. In order to protect the well-being of children, the Texas legal system imposes strict punishments on individuals found guilty of child molestation.

What Constitutes Child Molestation in Texas?

In Texas, child molestation is covered under various criminal statutes, including those related to child sexual assault, indecency with a child, and continuous sexual abuse of a young child or children. These statutes define specific acts that are considered child molestation, such as:

• Engaging in sexual intercourse with a child. This will generally be classified as sexual assault, and charges may apply regardless of whether an alleged offender knew the age of the child in question at the time that sexual intercourse occurred.

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Burglary and criminal trespass are two closely related - but distinct - crimes. Of the two, burglary is considered quite a bit more serious. Burglary is a felony, while criminal trespass can be charged as a misdemeanor. Both crimes involve unlawfully entering another party’s property in some way, but there are a few key differences. If you are facing either charge, it is important that you understand the seriousness of the situation. You could face jail time for either offense. If you are charged with burglary, you face more than a year in prison. The maximum sentence for burglary is 20 years. Criminal trespass carries less than a year in jail in most cases, but probation is a possibility. With either charge, it is essential to find a good criminal defense lawyer. The Crowder Law Firm, P.C. is highly experienced in helping those charged with burglary, trespass, and other property crimes. 

How Burglary and Criminal Trespass Differ in Texas 

There are a few important distinctions between burglary and criminal trespass. First, burglary involves entry into a structure of some sort, such as a house or retail store. A burglary charge is generally a more serious felony if the structure unlawfully entered was a place where people live or sleep. However, breaking into a retail store or other type of building is still likely to be charged as a state jail felony. Criminal trespass, on the other hand, can be charged if the defendant merely entered the private land of another party knowing they did not have permission to be there. Trespass charges may also follow a break-in on a vehicle. 

There are a variety of situations in which a person may be charged with the offense of assault. While most people think of assault as actions in which someone intentionally injures someone else, there are a variety of other types of actions that could also be considered assault. In Texas, assault is a serious criminal charge that can result in multiple types of penalties if a person is convicted. By understanding how the state's laws address this offense, and by working with an experienced criminal defense attorney, those who are accused of assault can determine their options for handling these charges.

Definition of Assault in Texas

Texas law identifies three forms of assault:

• Intentionally causing someone to suffer a bodily injury. For example, if someone has encountered ongoing conflicts with another person, sees them walking down the street, approaches them from behind, and attacks them with punches and kicks, resulting in cuts, bruises, and other forms of bodily harm, this would likely be considered assault resulting in bodily injuries. This form of assault is charged as a Class A misdemeanor in most cases. If a person is convicted of Class A misdemeanor assault, they could be sentenced to up to one year in jail and fined up to $4,000.

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In a digital age where people use smartphones and other electronic devices constantly, "sexting" has become more common. People may exchange sexually explicit messages, photographs, videos, and other material through text messages, email, or social media. However, when minors engage in these activities, they could potentially face criminal charges, and if explicit photos or videos are sent to multiple people, this could even result in accusations related to the possession or distribution of child pornography. By understanding the legal consequences of sexting, parents and children can address concerns about these issues and determine what steps can be taken to address any accusations of criminal offenses.

Laws Addressing the Transmission of Visual Material Depicting Minors

In some cases, teenagers may make the mistake of sending sexually explicit messages and images of themselves or others without being fully aware of the consequences. These actions may start out as consensual activities between couples who are dating, but images or videos may be shared with others, and they could potentially be used to bully, harass, or threaten a child who is depicted. To address this issue and prevent explicit materials from being used inappropriately, Texas law has outlined situations where these actions may be considered crimes.

The offense of "electronic transmission of certain visual materials depicting minors" may apply if a minor under the age of 18 allegedly possessed sexually explicit images or videos of another minor or distributed materials depicting themselves or other minors to others. Applicable visual materials include anything that could be considered child pornography, including images or videos of sexual intercourse, sexual contact, or nudity.

True crime stories have been very popular in recent years. The details of murder cases and other real-life incidents involving criminal investigations and prosecutions can be fascinating. In addition to providing insight into why people commit crimes, these stories can demonstrate how the legal process works and the strategies that criminal defense attorneys may be able to use to help clients avoid convictions. One recent true crime series that was created by HBO, Love and Death, detailed the story of accused murderer Candy Montgomery, who was represented by Don Crowder, the father-in-law of our founding attorney, Darlina Crowder.

Don Crowder’s Defense of Candy Montgomery in Collin County

In 1980, Candy Montgomery, a 30-year-old housewife and mother living in Wylie, Texas, was charged with the murder of Betty Gore. Mrs. Montgomery had been having an affair with Mrs. Gore’s husband, Allan Gore, and although they had ended their relationship, their families were still friendly with each other due to their participation in their church and their children going to school together. On June 13, 1980, Mrs. Gore reportedly confronted Mrs. Montgomery about the affair, and this led to Mrs. Montgomery killing Mrs. Gore with an ax.

The details of the killing were shocking, and the story was a sensation both in the local community and throughout the rest of the country. Mrs. Montgomery struck Mrs. Gore with the ax 41 times, then cleaned herself up before leaving the Gore family’s house and going about her daily activities. Mrs. Gore’s body was not discovered until hours later by a neighbor, and her one-year-old child was left alone in the house after her death.

Criminal charges related to controlled substances can be very serious. Those accused of possessing, selling, or distributing these substances may be charged with drug crimes, and they may face harsh penalties if convicted. While many drug crimes are charged at the state level, there are some situations where people involved in these cases may face federal drug trafficking charges. By understanding the activities that could potentially lead to federal charges and working with an attorney who has experience defending clients in federal courts, alleged offenders can take steps to defend themselves.

Actions and Offenses Related to Drug Trafficking

The laws of the United States make it illegal to distribute, manufacture, or possess with the intent to distribute or manufacture controlled substances. There are a number of reasons people may be accused of violating these laws, including:

• Manufacturing or producing illegal drugs - Federal charges may be related to the operation of labs or other facilities where controlled substances are produced, compounded, or packaged. These cases often involve substances such as methamphetamines or fentanyl, and possession of large amounts of chemicals that may be used to manufacture these or other controlled substances may lead to drug trafficking charges.

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Over the past few decades, several high-profile cases have involved inappropriate relationships between teachers and students. In Texas, there are laws that specifically prohibit these types of relationships, and teachers who have sex with students or otherwise engage in sexual conduct involving minors may face criminal charges. However, there may be some confusion about whether these prohibitions extend to other types of educators or people who work at a school. By understanding who is covered by these laws and when a person may face accusations of crimes against children, those who could potentially face criminal charges can be prepared to defend themselves should the need arise.

Laws That Affect Relationships Between Educators and Students

The Texas Penal Code defines an offense known as "improper relationship between educator and student," making it a crime for a teacher or other educator to engage in sexual intercourse or sexual conduct with a student at a school where they work. Specifically, the law prohibits these types of relationships with students at elementary schools and high schools, regardless of whether a school is public or private. Notably, college students are not covered by this law, although if a professor or other employee at a college engages in sexual conduct with a student who is younger than 17 years old, they could potentially be charged with an offense such as sexual assault of a child or indecency with a child.

A school official or employee may face criminal charges if they engage in sexual conduct with a student who is enrolled at the school where they work. In addition, people who work in educational positions that require licensing or certification (even if they do not actually have the required certificates) may be charged with having an inappropriate relationship with a student if they engage in sexual conduct with a student that they know is enrolled in an elementary school or secondary school or a student who is participating in educational activities sponsored by a school district. These charges may also apply if an educator engages in online solicitation of a minor that they know is a student.

Offenses that are classified under the category of white-collar crimes may seem to be less serious than some other types of criminal charges. These crimes are usually of a financial nature, and they may not involve any direct contact between an alleged offender and the alleged victim(s). Unlike violent crimes or sex crimes, they usually will not result in physical harm. However, because white-collar crimes may lead to significant financial losses for individuals, financial institutions, or other businesses or organizations, they are taken very seriously by law enforcement, and in some cases, those who are accused of these offenses may face federal charges.

Financial Crimes and Other Related Federal Offenses

When white-collar crimes occur at a smaller scale, affecting a limited number of people or taking place within a specific geographical area, they may be limited to state-level charges. However, larger-scale offenses that affected people in several states or involved the transfer of money across international borders are more likely to be prosecuted at the federal level. "Interstate or foreign commerce" is a key element in many of these cases, and federal officials may prosecute people for offenses that allegedly involve the movement of money or assets throughout several states or countries.

There are numerous different types of criminal charges that may be pursued by federal prosecutors in cases involving allegations of white collar crimes, including:

The circumstances surrounding a charge of driving while intoxicated (DWI) can vary significantly. While DWI is a serious criminal offense, first-time offenders will usually be charged with a Class B misdemeanor. They will be required to serve a minimum sentence of 72 hours in jail, and the maximum sentence is 180 days (six months). They may also be fined up to $2,000, and their driver's license may be suspended for up to two years. The penalties can increase significantly if a person faces DWI charges for a second or subsequent time, and other aggravating factors may also cause DWI to be charged as a felony, regardless of previous offenses. These include the injury or death of someone due to drunk or intoxicated driving. By understanding the penalties for these offenses, those who have been arrested and charged with crimes can determine their best options for defense.

Intoxication Assault and Intoxication Manslaughter

When a person drives while drunk or after using drugs, they will be more likely to lose control of their vehicle. Alcohol or drug use can lead to a number of impairments, including increasing a person's reaction times, limiting their coordination, and causing problems with vision. When driving at night or in adverse weather conditions, accidents may become even more likely. A drunk or drugged driver may fail to notice and respond to other vehicles, they may be unable to slow down when necessary, or they may veer off the road after losing control. When they collide with other vehicles or strike people on foot or on bicycles, this may result in serious injuries, or a person may even be killed.

When drunk driving results in injuries, a driver may be charged with intoxication assault in addition to DWI. The offense of intoxication assault requires serious bodily harm to an alleged victim, meaning that their injuries must have put them in serious danger of being killed. Serious bodily harm may also involve the loss of a body part or organ, disfigurement such as scars, or permanent impairment of bodily functions. Intoxication assault is a third-degree felony, which carries a potential penalty of two to 10 years in prison and a fine of up to $10,000. If a driver causes serious bodily harm to a police officer or firefighter, or if a victim suffers a traumatic brain injury that causes them to experience a persistent vegetative state, intoxication assault is considered a second-degree felony, and the penalty can include up to 20 years in prison.

Originally published: May 31, 2022 -- Updated: April 25, 2023

Update: As noted below, people who grow marijuana plants may be charged with drug possession, and they could potentially face serious penalties based on the amount of marijuana in their possession. However, those who cultivate marijuana may also be charged with possession with intent to distribute, especially if other factors indicate that a person intended to sell or deliver marijuana to others.

In some cases, a search conducted by police officers or other state or federal law enforcement officials may find items that could be used to package and distribute drugs to others, such as scales or baggies, or witnesses may state that they observed the person accepting payments in exchange for marijuana. These factors may cause an offense to be elevated from drug possession to drug delivery, and in some cases, a person may even face charges of drug trafficking.