Recent Blog Posts
When Does Drug Possession Cross into Trafficking in Federal Cases?
In Texas, you can face severe federal drug trafficking charges for possessing substantial quantities of illegal substances like cocaine, heroin, and methamphetamine. But how much is required to trigger weightier trafficking accusations versus simple possession? The thresholds vary by drug type under federal law. A Texas lawyer can help you figure all of this out.
Understanding Federal Weight Thresholds
Federal statutes establish cutoff weights for charging drug trafficking versus mere possession based on the controlled substance:
- Cocaine - 500 grams of powder form or just 5 grams if in crack cocaine form
- Heroin - 100 grams
- Methamphetamine - 50 grams
Creating Leniency in Texas Federal Sentencing
Facing sentencing on federal criminal charges in Texas is daunting. However, an experienced Texas lawyer can help with strategies to argue for the most lenient sentence possible under federal guidelines. Advanced sentencing advocacy can make the difference between years in prison versus probation for your client.
Negotiating for Downward Departures
A key strategy is negotiating with prosecutors for a downward departure motion. Grounds like substantial assistance to authorities, limited participant role, and coercion may justify a reduced sentence. Your lawyer can leverage the defendant’s cooperation, evidence of minimal involvement, or unique circumstances to secure a departure request. This shifts sentencing leverage in your favor.
Fighting Federal Cocaine Charges in Texas Courts
If you are facing federal cocaine charges, you need an attorney who will aggressively fight for your rights. An experienced Texas criminal defense lawyer knows how to build an effective defense against these allegations.
Was Your Stop and Search Handled Legally?
Your lawyer will first scrutinize if you were stopped and searched legally leading up to the charges.
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Were you racially profiled?
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Detained without probable cause?
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Questioned without reading Miranda rights?
They can file motions to suppress evidence obtained illegally, which can profoundly damage the prosecution's case if granted.
Investigating the Backgrounds of Investigators
Your attorney will also thoroughly investigate all investigators' honesty and potential biases.
Top Federal Crimes Prosecuted in Texas Courts
Texas has many federal criminal cases in its state courts partly due to its border with Mexico. In 2020 alone the index crime rate in the state was 2,666.7 crimes per 100,000 population. A Texas lawyer is vital to have on your side if you or a family member is experiencing a federal crime. Some common federal charges against defendants in Texas courts include the following.
Immigration Offenses
The border with Mexico leads to numerous immigration charges like re-entry after deportation, smuggling, fraud, and illegal presence. Those living near the border often face prosecution. If convicted, fines, jail, or deportation can result. These allegations pose legal obstacles for defendants to overcome.
Drug Trafficking and Distribution
Texas’ location makes it a hub for drug trafficking between Mexico and the U.S. Charges involve large-scale trafficking of marijuana, cocaine, methamphetamine, and heroin. Convictions typically bring severe punishments like long mandatory minimum sentences under federal guidelines.
What is the Process for a Federal Drug Conspiracy Case in Texas?
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.
How to Argue for Lower Federal Sentences in Texas
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.
The Impact of Technology on White Collar Crime Investigations
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.
When Can a Drug Conspiracy Be Charged as a Federal Crime?
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.
Can Parents Face Criminal Charges When Children Suffer Injuries?
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.
What Are the Penalties for Prostitution or Solicitation in Texas?
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.