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.

  ...

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.

You do not have to be arrested to know that criminal defendants are given the right to remain silent. Anyone who has watched enough true crime documentaries or police-related television shows can probably recite the Miranda Warning from heart.

Participating in a police interrogation is one of the worst things you can do if you have been arrested and charged with a criminal offense. It is too easy to say something that damages your case or even make an innocent remark that is taken out of context and later used against you. Although anybody accused of a crime has the right to remain silent and avoid incriminating themselves, many people give up this right and speak freely to the police without consulting with a lawyer first – often to their detriment.

Many Criminal Defendants Do Not Understand Their Rights

The United States Constitution protects several crucial rights. Among these rights is the right to avoid self-incrimination. The Fifth Amendment guarantees that criminal defendants cannot be forced to give testimony that would incriminate them. This is the basis of our right to remain silent and refuse questions from the police.

In today's modern age, making friends with others online is not uncommon. Many people communicate with strangers through online games, chatrooms, or discussion forums. However, it is important to note that these types of discussions can lead to criminal charges in some cases. If you are accused of discussing sexually explicit topics with somebody under the age of 17, you can be charged with a felony offense in Texas. You can face felony charges even if you did not know that the person you were talking to was a minor.

Anybody in this situation should reach out to a criminal defense lawyer who is experienced in child-related criminal defense cases as soon as possible. A conviction for online solicitation of a minor has the potential to dramatically alter the course of your life.

What Counts as Online Solicitation of a Minor?

When people talk to each other online, they often say things that they would not say in real life. However, having sexual conversations with another person can be a criminal offense in certain situations.

Last October, President Biden issued a proclamation pardoning federal convictions for simple marijuana possession offenses. The proclamation is just one step in the trend toward reducing and, in many cases, eliminating criminal penalties for marijuana-related offenses.

Although many states have decriminalized or legalized marijuana, marijuana flower and THC products are still considered Schedule I controlled substances under federal law. Make no mistake, marijuana-related offenses can still lead to significant penalties - especially if you are accused of large-scale cultivation or distribution of marijuana.

Drug Trafficking Offenses Related to Cannabis or Marijuana

Although it is still illegal in Texas, being caught with a small quantity of marijuana will not typically lead to significant jail time. However, the same is not true for the possession of larger quantities of marijuana or for the cultivation, distribution, or trafficking of the substance.

As a parent, perfection is impossible. Child experts frequently change their minds about what is best for children, and parenting styles change with the times. So, it is understandable that parents may struggle to find a balance between giving their children freedom and autonomy while also providing them with the necessary guidance and support they need to develop into responsible adults.

Some parents choose to give their children ample freedom, allowing them to stay home alone, take public transportation, or make decisions about their own clothing and meals. However, permissive parenting styles such as "free-range parenting" can sometimes lead to accusations of child neglect.

The Line Between Leniency and Neglect is Not Always Clear

In a world where parents can use smartphones and other devices to be in constant communication with their children and track their every move, it can be difficult to discern what is considered an appropriate amount of freedom. Should children be allowed to stay home by themselves for a day? What about overnight? Can they ride their bikes to a neighbor's house down the block? The answers to questions are not always clear.

With tax day just around the corner, now is as good a time as ever to ensure that you understand your tax-related rights as well as the penalties for tax fraud. Being accused of a white-collar crime such as tax fraud or tax evasion can lead to life-changing consequences, including prison time. Tax crimes are federal crimes, and the penalties for a conviction are often harsh.

The Internal Revenue Service (IRS) frequently works with the Federal Bureau of Investigation (FBI) and the U.S. Department of Justice (DOJ) to investigate fraudulent activities and initiate mass takedowns involving multiple companies and individuals allegedly involved in evasion schemes. If you or a loved one have been implicated in such a scheme, reach out to an experienced federal criminal defense lawyer as soon as possible.

The IRS is Vigilant for Signs of Tax Fraud

The IRS looks for certain red flags when investigating a taxpayer. Common signs that will trigger an IRS investigation include underreporting income, claiming false deductions and credits, or failing to file taxes altogether. To protect yourself against these allegations, double-check your information before filing your taxes. Make sure you are filing accurate and complete returns.

The human mind is one of the most complex and mysterious phenomena in the universe. While modern medicine has made great strides in explaining and understanding how the brain works, there are still many things we do not fully understand. One such mystery is postpartum psychosis, a severe form of mental illness that can develop after childbirth. For some mothers, postpartum psychosis can lead to extreme behaviors, including harming their own children.

Understanding Postpartum Depression and Psychosis

Medical research shows that postpartum depression affects about 10 to 20 percent of new mothers. It can involve feelings of sadness and hopelessness, guilt, and difficulty forming an emotional connection with a child.

In very rare cases, mothers may experience postpartum psychosis, which manifests in much more extreme symptoms. Sufferers may experience delusions, hallucinations, paranoia, an altered sense of reality, and suicidal or homicidal thoughts.

Money laundering involves concealing the origins of illegal money by moving it through legitimate channels. Because it involves disguising illegal activities, money laundering is often associated with organized crime and drug traffickers. However, it can happen in many contexts, including online dating scams.

One Texas woman is facing federal charges for her alleged involvement in a scam involving sham businesses, money mules, and romance scams. She is accused of laundering money that was stolen from alleged “romance scam” victims. If convicted, she faces up to 20 years in prison and a fine of $500,000.

Federal Charges for Involvement in an Alleged Romance Scam

A romance scam is a scam in which someone uses a dating website or social media to target people seeking companionship. The individual conducting the scam typically creates a false identity and builds trust with the other person before asking for money, often claiming it is needed for an emergency or travel expenses. Of course, online dating is extremely common in our modern world, and it is not always easy to tell whether a financial transaction is fraudulent or part of a legitimate online relationship.

Finding out that a partner, an ex, a roommate, or even a parent has filed a restraining or protective order against you can be shocking. Feeling a wide range of emotional responses is totally normal, and you may wonder what implications such an order might have on your future and your reputation. Fortunately, you do not have to deal with these orders alone; people against whom these orders are filed may be able to successfully have them removed or prevented from becoming permanent with the help of a Texas criminal defense lawyer. 

Types of Protective Orders

If someone feels (or claims to feel) they or their family members are in danger from someone else, they can petition the court for a protective order. Protective orders are intended to prevent ongoing acts of stalking, family violence, or human trafficking, and there are three basic types of protective orders in Texas. 

The first two - temporary ex parte protective orders and permanent protective orders - are handled in civil courts in cases where an alleged victim fears violence, stalking, harassment, etc. from an alleged abuser. A temporary ex parte order is issued without the alleged abuser present and usually lasts up to 20 days. Later, a permanent protective order can be issued after a hearing takes place that allows both the alleged victim and the alleged abuser to present their case in court. Permanent protective orders will often last for up to two years, although they can stay in place for longer if the court determines that this would be necessary. A petition for a civil protective order can be filed by a current or former spouse, a blood relative, a co-parent, or other members of a person’s family or household. Note that there are also family temporary restraining orders, which are only issued during divorce or custody cases. 

Movies are full of cocky criminals flexing their muscles and claiming that punching someone with their well-trained fists would be considered assault with a deadly weapon. But in real life, charges of assault with a deadly weapon are serious and can lead to long years in prison and hefty fines. It is worth knowing, then - what exactly is a deadly weapon under Texas law? And for that matter, what exactly is assault? 

What Does Texas Law Consider a Deadly Weapon? 

Texas law allows anything that was used with the intent to cause serious injury or death to someone else as a deadly weapon. This includes obvious objects like guns and knives, but could also include a baseball bat, rocks, a car, and yes - even hands and feet. 

What Does Texas Law Consider Assault? 

Some states distinguish between assault and battery, but in Texas, the definition of assault is fairly broad. If you intentionally, recklessly, or knowingly do any of the following, you can be charged with assault:

An enormous amount of attention is currently being paid to the issue of child trafficking in the United States; there are flyers in airport bathroom stalls, ads on TV, and a general sense of panic that this issue is worse than it has ever been. The concerns mean that, when it does happen (or when it simply appears to have happened), prosecutors and judges are intent on making an example out of alleged perpetrators. 

Texas residents and visitors are at a particular risk for allegations of child trafficking because a significant amount of the real child trafficking does actually happen along the Texas-Mexico border. If you have been formally charged with child trafficking - or if you have found out that you are simply being investigated over an accusation - you need the help of an aggressive Texas criminal defense attorney who understands the law and will fight to protect your rights and reputation. 

Child Trafficking and Texas Law

The first thing to know about child trafficking in Texas is that Texas laws against human trafficking in general are extremely strict with severe penalties that increase substantially if the trafficked person is under age 18, whether the alleged trafficker knew the person was a minor or not. Trafficking a minor is a first-degree felony punishable by at least 25 years but up to 99 years in prison. 

In the last few years, violent crime rates have risen in many states across the country. One of the most common violent crimes seen in Texas is that of carjacking, or stealing a car using violence or the threat of violence to the owner or driver. In certain parts of Texas, carjacking is up as much as 10 to 20 percent year over year. While the vast majority of people who steal cars are not caught and prosecuted, those who are caught face aggressive, motivated prosecutors and serious criminal penalties. If you have been charged with carjacking or vehicle theft, you need an experienced criminal defense attorney who understands local prosecutors and judges and who will advocate for your constitutional rights. 

What Are the Punishments for Stealing a Car in Texas?

As with most states, the punishments for a specific theft crime depend on the value of the property that was stolen. If you take a car with the intent to permanently deprive the owner of the vehicle, at a minimum, you face class C misdemeanor charges and could face all the way up to first-degree felony charges. For example: 

• Stealing a car worth less than $2,500 is a class A misdemeanor; you face up to a year in jail and up to $4,000 in fines.
• Stealing a car worth more than $2,500 but less than $30,000 is a state jail felony; you face between 180 days and two years in jail and fines up to $10,000.
• Stealing a car worth $30,000 to $150,000 is a third-degree felony; you face up to ten years in prison and up to $10,000 in fines.

However, if you use force or the threat of force to steal a car from someone, you have committed a crime under Texas’ robbery law and face much more serious consequences. At a minimum, carjacking using force or the threat thereof is a second-degree felony, but if you use a deadly weapon (such as a firearm, crowbar, or baseball bat) or cause serious injury to someone, you face aggravated robbery charges and five to 99 years in prison.  Taking a stolen car across state lines could also trigger federal criminal charges, leading to prosecution from the federal government and very serious penalties. 

A local scandal in Collin County, Texas is making headlines. At least 46 men have been arrested and face charges of solicitation of prostitution after a large network of legal agencies worked to catch the men, using undercover police officers posing as sex workers online. Those arrested included a firefighter, a pastor, a high school teacher, and even a semi-professional hockey player. The arrests targeted men who agreed to meet at local hotels for paid sex. 

Charges of prostitution can mean your reputation and standing in your community and family are changed forever. However, a charge is not the same as a conviction, and every person in this case and every other sex crime case is innocent until proven guilty. An experienced Texas sex crimes defense attorney can help fight charges of soliciting a prostitute, as well as any other sex crime charges you may face. 

What Are the Penalties for Hiring or Soliciting a Prostitute in Texas? 

Texas recently updated its state laws to increase the severity of punishments for crimes related to prostitution, including soliciting a prostitute, whether or not any sexual conduct actually takes place. If you are convicted of knowingly offering or agreeing to receive money from someone else in exchange for sexual conduct, the consequences you face vary in scope depending on the circumstances of the crime. Solicitation, or the act of offering to pay someone for sexual conduct, is a state jail felony unless the defendant has prior convictions or the target of the solicitation is known or believed to be under 18, in which case the offense can be a third- or second-degree felony. 

Statistically speaking, summer sees a larger share of fatal DWI car crashes, while DWIs in general drop during the winter months. However, there is a notable exception to this: The winter holidays. Work and family parties, seasonal depression, and holiday financial bonuses are all reasons that people find themselves out drinking a larger amount than allows them to safely drive home, causing a large increase in the number of crashes that happen around Thanksgiving, Christmas, and New Year’s Eve. In fact, New Year’s Day is the deadliest day of the year for fatal drunk driving accidents. 

If you got popped for DWI this holiday season, you might still be reeling from the professional and societal consequences you are already facing. Your driver’s license has likely been taken from you, your car may still be impounded, and you may have gotten into an accident that is extremely expensive or which injured yourself or another person. Whatever the circumstances are in your case, having a hard-hitting Texas DWI defense attorney can help your chances of reducing the charges against you and securing a favorable outcome in your case. 

What Are the Consequences of a Holiday DWI? 

Getting a DWI over the holidays does not carry any additional consequences, but a DWI certainly carries serious enough penalties without any enhancement. A first-time DWI allows the defendant to be charged up to $2,000 in fines and to spend up to 180 days in jail with a minimum of three mandatory jail days. Driver’s licenses are usually suspended for a year, making it difficult or impossible to get to work or take kids to school. 

Because of the mass proliferation of child pornography available online, Texas and federal authorities are implementing a widespread crackdown to try to catch and punish as many people involved in making, distributing, or viewing child pornography as possible. The negative view that most people have regarding sex crimes against children means that the public has very little sympathy for people who may be wrongfully accused of child pornography possession, and that authorities are highly motivated to secure convictions, regardless of the quality of evidence. This makes it very important for you to take any charges or investigations for child pornography seriously; if you are facing any involvement whatsoever with sex crimes against children, hire a Texas criminal defense attorney right away. 

Will Child Pornography Always Be Charged as a Federal Crime? 

Being convicted of a child pornography charge under Texas law carries serious consequences, even without the charges escalating to the federal level. Those convicted of child pornography possession can have a third-degree felony placed on their permanent record, fines of up to $10,000, between two and 20 years in prison, and permanent registration on the sex offender registry. Keep in mind that these are simply the charges for viewing and accessing child pornography - creating or distributing child pornography carries much higher penalties, including up to 99 years in prison. 

When the federal government gets involved, things get even more serious. Federal child pornography charges are common because the feds can bring charges for any activity across state or national lines. Given the widely accessible nature of the internet, it would be rare for any image online not to be viewed by people in different states. Whether you are the person creating, distributing, or viewing the child pornography, as soon as it crosses state lines, the federal government can get involved. No physical transportation of imagery need take place, although these laws also apply to any physical evidence of child pornography, including undeveloped film.  

Texas law enforcement, social workers, and mandated reporters like teachers, clergy, and daycare workers are always on the lookout for signs of child abuse. Unfortunately, overzealous citizens who mean well can cause major problems for parents who are simply raising their children the best way they see fit. Of course, even the best parent sometimes makes mistakes that may rise to the level of criminal child abuse, and these parents also deserve a second chance and the possibility of avoiding a conviction for any charges they face. 

If you are being investigated for child abuse or are already facing charges, it is essential to retain the help of an experienced Texas criminal defense attorney with specific experience in crimes against children. A criminal defense attorney can help ensure you get fair treatment and know the status of your case at all times. 

Child Abuse in Texas

Different people have different notions of what is considered abusive behavior. A parent who would never dream of spanking their child may be horrified at the kind of spanking that is standard in another parent’s home. Fortunately, for the purposes of criminal convictions, Texas law has defined child abuse. Behaviors that are considered child abuse include: