Author: jonlanders

Effective on November 11, 2023, thousands of federal inmates will be eligible to have their sentences reduced.  The Federal Sentencing Commission recently adopted a new sentencing guideline that will allow federal inmates who have already been sentenced to petition the federal district court to recalculate their sentencing guideline range if they meet the following criteria:

• The inmate did not have any prior criminal history (or did not receive any criminal history points)
• The offense of conviction was not related to terrorism
• The offense did not involve violence or credible threats of violence
• The offense did not result in death or serious bodily injury
• The offense of conviction is not a sex offense
• The offense did not cause substantial financial hardship
• The inmate did not possess a firearm in relation to the offense
• The offense was not related to violating the rights of others
• The inmate was not a leader in the criminal activity

If these factors relate to your case, or your loved one’s case, then we can petition the Court to recalculate their sentencing guideline range.  The sentencing commission believes that most zero-point offenders will have their sentence reduced by almost 18%.  Call us today to see if you or your loved one qualifies for a reduction under this new guideline.

There is a troubling trend in America and Texas.  The government is increasingly using asset forfeiture to take away people’s money and property, often times without Due Process of Law.  If the police have taken your money or property, please give me a call.  In recent years, I have seen the police seizing money and cars when no crime has been committed and no arrest has been made, but many times the police and government officials don’t follow the law when seizing a person’s property.  When this happens, it is possible to obtain the return of your property.  I have successfully negotiated the return of large sums of money wrongfully seized from my clients. 

Asset forfeiture is a complicated area of law that is rapidly developing as the police and prosecutors increasingly try to take away people’s property.  If you have had your property taken by the police, then give me a call.  I am here to help.

Like an appeal, the goal when presenting a writ of habeas corpus is to overturn a conviction or sentence.  However, when investigating a potential writ of habeas corpus, I am not confined the court records; instead, a habeas investigation involves completely reinvestigating your case from the beginning to the end.  This is why a habeas attorney must be experienced in both trial level and appellate level issues.

The first step to pursuing habeas relief is to investigate the case.  To do this, I obtain every document I can: the police reports, the district attorney’s files, your trial attorney’s file, and the court records.  Often times, an investigator is needed to contact witnesses.  My goal in investigating your case is to identify problems in your case that could potentially result in the conviction being reversed.  Reasons that can lead to reversal include police or prosecutorial misconduct, concealed evidence, and ineffective assistance of counsel.  After completing a thorough investigation, we can discuss the chances of success in your case.  It should be noted that you can pursue a writ of habeas corpus even if you pled guilty.   

In both state and federal court, a writ of habeas corpus is filed in the district court.  In Texas, the district court will usually make recommendations about whether or not you should be granted relief, but the ultimate decision rests with the Texas Court of Criminal Appeals. The procedure is different for misdemeanor cases and probation cases (the district court makes the final decision in those cases, but the results can be appealed).  In federal court, the district court rules on your habeas petition, but the ruling can be appealed to the Fifth Circuit.      

Writs of habeas corpus are often referred to as 11.07s (for Texas Code of Criminal Procedure article 11.07), 2254s, or 2255s (for Federal Statutes 28 U.S.C. §§ 2254-2255).  I am experienced in investigating and litigating writs of habeas corpus in both state and federal courts, and I would be happy to discuss your options with you.

I have won multiple appeals in various courts throughout Texas. While some believe the odds of winning an appeal are low, a thorough and strategic approach can raise your chances. 

If you have lost a trial in state or federal court, your case is not over. Every defendant has the right to a direct appeal, and the lawyer you choose to represent you on appeal can have a great impact on the outcome of your case.  In Texas, a direct appeal is taken to one of the fourteen Courts of Appeals.  For federal cases tried in Texas, appeal is to the Fifth Circuit Court of Appeals.  From there, cases can be appealed to either the Texas Court of Criminal Appeals or to the United States Supreme Court.  I am licensed in each of these Courts.

On direct appeal, I am usually confined to raising errors which were objected to by your trial attorney. However, there are some exceptions to the general rule.  The first step I take when representing a client on appeal is to obtain and carefully review the record (both the clerk’s record and reporter’s record).  I am looking for errors in the trial process, for example: the judge permitted the state to use evidence which should not have been admitted before the jury; the judge kept out your evidence that should have been admitted before the jury; the judge gave improper jury instructions; or other errors in your trial which could have affected your case.  Once I have reviewed the record, I research each potential appellate issue which I have identified. The legal research is the foundation upon which a winning appeal is built.  After I have thoroughly researched the facts and the law, I begin writing the appellate brief. 

In state court, if you plead guilty, you often have waived your right to appeal, but in Federal Court, even if you plead guilty, there can be errors associated with your sentencing.  Federal sentencing is a complex, and unlike state court, the trial court must first properly calculate your guideline sentence using the Federal Sentencing Guidelines.  If the trial court improperly calculates these guidelines sentence, it is possible to obtain a new sentencing proceeding.  For trial cases, the federal system is much like the state system.  

My strategy in criminal appeals is the same as my strategy in trial cases. By accepting a limited number of cases, I am able to ensure that I spend the time necessary to effectively represent my clients.  My goal is to leave no stone unturned, and to give each appeal maximum effort.  I feel that every client deserves everything I’ve got.  

In Texas state and federal courts, the war on drugs continues to rage.  Anyone charged with a drug crime in Texas needs a skilled criminal defense attorney who knows how to uncover hidden facts and who has a has a firm grasp on state and federal law. 

There is more than one way to beat a drug case.  Of course, one way is to show that you did not have care, custody, or control of the drugs in question. However, sometimes that is not a viable defense.  Often times, a successful outcome in drug cases depends on how the police came to discover the drugs in your possession.  The actions of the police must always comport with both the Federal and State Constitutions, and in Texas, a person accused with possession of a controlled substance or marijuana has the added protections of Texas Code of Criminal Procedure article 38.23.  Basically, this means that if the police did not follow the law when they obtained evidence in your case, then they cannot use that evidence against you in court. 

However, the police don’t usually admit when they have violated the law.  Only a thorough investigation can uncover what really happened.  Luckily, there are ways to uncover the truth.  For example, marked police cars often have GPS which can be discovered to fact check an officer’s police report, controlled buys used to establish the basis for a search warrant have associated police reports, draw reports, and expense logs, and the presence of body worn cameras often establishes constitutional violations.  I have been successful in using these tools to help my clients in many drug cases.   

There are many reasons that a judge can suppress, or exclude, evidence.  If you in were pulled over while driving, and the police searched your car, then the police must prove they had both a reason to pull you over and a reason to search your car.  Hopefully, you did not consent to the search–you never should–but even if you did, it is possible that the police’s conduct tainted your consent so that it was invalid.  If the police searched your home and found drugs, then it is possible to attack the warrant the police used to get into your house.  

The bottom line is that you need an attorney who will put in the time to discover the facts of your case and research the law related to those facts.  Often times, a thorough investigation will uncover evidence showing that the police violated your Constitutional Rights.  Any evidence obtained in violation of your rights cannot be used against you in court.  I have experience in investigating and litigating these constitutional claims, and will leave no stone unturned when representing you.  If you were caught with drugs, don’t just give up, call me and see what my firm can do for you.