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Law Offices of Michael Lowe
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My New Post: Online Impersonation: Catfishing is Illegal in Texas - Texas Penal Code 33.07 and Social Media Masquerade as Cyber Crime Catfishing is not the only form of online impersonation, but it may be the most well-known example of it.  The temptation to pretend to be someone they’re not online may be overwhelming for some people, given how easy it is to set up social media accounts and to start communications over the web. It’s been a popular pastime for many years now.  See, e.g., McH...
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My New Post: Invasive Visual Recording: Texas Felony Arrest - Voyeurism: Arrested for Non-consensual Photography in Texas Not too long ago, the Texas Court of Criminal Appeals ruled the then-existing criminal statute regarding “improper photography” was unconstitutional.  Ex parte Thompson, 442 S.W.3d 325 (Tex. Crim. App. 2014). The 2014 opinion from our highest criminal court had a tremendous impact on pending prosecutions for serious felonies like child pornography.  Cases had to be dismi...
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My New Post: Money Laundering and Federal Sentencing Guidelines - Money laundering is a big deal here in the Lone Star State, at least for federal prosecutors.  In fact, Texas looks to be the number one state in the country for federal money laundering prosecutions.  Texas is Number One for Federal Money Laundering Cases According to the United States Sentencing Commission (USSC), in fiscal year 2017, two federal districts in Texas made the top five in the country for filings based upon mon...
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My New Post: Heroin Trafficking in Texas and Federal Sentencing Guidelines - Criminal defense after arrest on federal charges of heroin trafficking in Texas  First things first: if you are arrested on heroin trafficking under federal law, then you must be prepared to spend a significant amount of time behind bars.  Statistics reveal almost every person (96.3%) convicted of heroin trafficking in the federal system is sentenced to prison for several years (average sentence is 65 months, or 5....
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My New Post: Guns and Drug Trafficking:  Firearms and Mandatory Minimum Sentences under Federal Law - Sentencing Guidelines When Someone Faces Combined Drug Trafficking and Federal Firearms Charges Drug arrests in North Texas can result in criminal charges under either state or federal law.  If the local police or county sheriff’s deputies are involved, then Texas criminal laws are going to apply.  If you are convicted, sentencing will occur according to state statutes and procedures.  Inca...
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My New Post: Methamphetamine Trafficking and Federal Sentencing  - Things to know when you are arrested for crystal meth distribution in Texas.  There are 94 federal district courts in this country and according to the United States Sentencing Commission, three of the top five federal district courts hearing the highest number of criminal charges for methamphetamine are in Texas.  Two of these three are in the Dallas-Fort Worth area:  the Northern District of Texas and the Eastern District....
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My New Post: Mandatory Minimum Penalties in Federal Sentencing - Congress Decides Your Prison Sentence with Certain Federal Crimes Our modern system of mandatory minimum sentencing in federal cases arguably began with the passage of the Anti-Drug Abuse Act of 1986.  Congress enthusiastically targeted drug “kingpins” for explicit punishment, mandating that the federal judge must sentence these defendants, upon conviction, to imprisonment in a federal facility for at least 10 years (first off...
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My New Post: Federal Crimes and Sentencing Guidelines: Health Care Fraud - Federal Charges for Healthcare Fraud Involving Texas Health Care Providers Texas physicians, as well as pharmacists, clinics, and other health care providers, need to be aware of the growing risk of investigation, arrest, and prosecution for violations of federal criminal laws involving health care fraud. Federal criminal law applying to the practice of medicine in the United States is complicated and ever-changing. ...
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My New Post: 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 arrests based upon violations of state law. H...
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My New Post: 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...
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