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Preview: Texas Criminal Lawyer Blog

Texas Criminal Lawyer Blog



Published by Texas Criminal Attorney — Michael J. Brown



Last Build Date: Thu, 02 Nov 2017 16:53:46 +0000

 



Jury Convicts Controversial Pharmaceutical Entrepreneur on Securities Fraud Charges

Thu, 02 Nov 2017 16:53:46 +0000

A jury in a federal court convicted a former hedge fund manager of three out of eight counts related to securities fraud in early August 2017. The government had charged the defendant with multiple counts related to alleged defrauding of investors and misuse of corporate funds, as well as conspiracy to commit various fraudulent acts. […]

The post Jury Convicts Controversial Pharmaceutical Entrepreneur on Securities Fraud Charges appeared first on Texas Criminal Lawyer Blog.




U.S. Department of Justice Expands Use of Civil and Criminal Asset Forfeiture

Thu, 02 Nov 2017 16:52:06 +0000

The process of asset forfeiture, at least in principle, allows law enforcement to seize property used in the commission of a crime. Officials can sell the property at auction, with the proceeds often going back into law enforcement budgets. As the use of this procedure has grown, however, it has produced many unjust results. During […]

The post U.S. Department of Justice Expands Use of Civil and Criminal Asset Forfeiture appeared first on Texas Criminal Lawyer Blog.




Texas Appellate Court Reviews Claim that Police Retaliated Against Individual for Refusing to Answer Questions

Thu, 02 Nov 2017 16:35:45 +0000

The right against self-incrimination is a well-known part of the U.S. Constitution, but it is not always well understood. Applying this principle in the real world, with all of its ambiguity and uncertainty, has proven quite challenging for the courts. The Fifth Circuit Court of Appeals recently ruled on a claim that police violated a […]

The post Texas Appellate Court Reviews Claim that Police Retaliated Against Individual for Refusing to Answer Questions appeared first on Texas Criminal Lawyer Blog.




Texas Police Departments End Use of Drug-Testing Kits with History of False Positive Results

Thu, 02 Nov 2017 16:34:20 +0000

Law enforcement officials in Texas have used a variety of tools to help them investigate suspected drug-related offenses. Some of these tools have resulted in profound injustice in the form of wrongful convictions. A kit used by many officers around the state to test substances they believe are an illegal drug has returned “positive” results […]

The post Texas Police Departments End Use of Drug-Testing Kits with History of False Positive Results appeared first on Texas Criminal Lawyer Blog.




U.S. Senate Committee Retains Federal Ban on Interference with State Medical Marijuana Programs, as Texas Issues First Medical Marijuana License

Thu, 02 Nov 2017 16:33:26 +0000

Most states in the U.S. now allow, to some extent, the sale, possession, and use of marijuana for various purposes. Several states, beginning with Colorado, have effectively legalized recreational use of marijuana in small amounts. Many of these states, however, only allow the use of specific marijuana-derived products for specific medical uses, under a doctor’s […]

The post U.S. Senate Committee Retains Federal Ban on Interference with State Medical Marijuana Programs, as Texas Issues First Medical Marijuana License appeared first on Texas Criminal Lawyer Blog.




FDA Approves Clinical Trials of Schedule I Controlled Substance

Thu, 02 Nov 2017 16:30:13 +0000

The federal Controlled Substances Act (CSA) defines five schedules of controlled substances and prescribes penalties for their production, distribution, and possession. Texas drug crime laws contain similar schedules. The CSA includes a list of substances in each schedule, but it also gives some authority to the Department of Justice (DOJ) to modify or adjust the […]

The post FDA Approves Clinical Trials of Schedule I Controlled Substance appeared first on Texas Criminal Lawyer Blog.




Federal Appellate Court Identifies Additional Consequence of Conflict Between Federal and State Marijuana Laws

Thu, 02 Nov 2017 16:29:03 +0000

The legal status of marijuana at the state level is changing across the country, with more than half of all U.S. states now allowing the possession and use of marijuana to some extent. Federal law, however, still considers marijuana to have no medical use and therefore no acceptable reason for possession, cultivation, or sale. The […]

The post Federal Appellate Court Identifies Additional Consequence of Conflict Between Federal and State Marijuana Laws appeared first on Texas Criminal Lawyer Blog.




West Texas Drug Busts Show Extent of Law Enforcement’s Power to Search People at the Border

Thu, 02 Nov 2017 16:27:41 +0000

Courts have identified numerous exceptions to the Fourth Amendment’s search warrant requirement, meaning that law enforcement may conduct a search without first obtaining a warrant if they can demonstrate that the situation falls under a recognized exception. They must still demonstrate probable cause to believe that the search would yield contraband or evidence of criminal […]

The post West Texas Drug Busts Show Extent of Law Enforcement’s Power to Search People at the Border appeared first on Texas Criminal Lawyer Blog.




Supreme Court Strikes Down State Law Barring Access to Social Media by People with Certain Criminal Convictions

Thu, 02 Nov 2017 16:26:11 +0000

The First Amendment to the U.S. Constitution guarantees the right to freedom of speech. Generally speaking, the government cannot restrain people’s speech through criminal penalties. Certain forms of speech, however, are not protected. The government may enact restrictions on speech when the restriction is closely related to a legitimate government function or public interest, and […]

The post Supreme Court Strikes Down State Law Barring Access to Social Media by People with Certain Criminal Convictions appeared first on Texas Criminal Lawyer Blog.




DOJ Rescinds Previous Administration’s Policy on Sentencing in Federal Drug Cases

Thu, 02 Nov 2017 16:25:07 +0000

The policies of the U.S. Department of Justice (DOJ) regarding federal drug sentencing have gone through several major changes recently. Former Attorney General (AG) Eric Holder undertook a major overhaul several years ago, seeking to focus attention away from low-level drug offenses and onto major ones. In May 2017, however, AG Jeff Sessions rescinded Holder’s […]

The post DOJ Rescinds Previous Administration’s Policy on Sentencing in Federal Drug Cases appeared first on Texas Criminal Lawyer Blog.