Federal Criminal Law

At McLemore, Reddell & Story, P.L.L.C., our criminal defense attorneys are licensed to practice in the Texas Southern Federal District Courts from Houston to Galveston, Laredo, and Brownsville, as well as the United States Fifth Circuit Court of Appeals. Our lawyers help people charged with various offenses under federal criminal law, from white-collar offenses to drug crimes, weapons offenses, and charges of human trafficking.

Different Courts, Different Rules

Federal criminal law has many distinctions that set it apart from state court prosecutions. For instance, federal offenses rely much more heavily on the precise language of the statute than on common law principles to define the offense. Also, it is quite common for federal prosecutors to charge a person with conspiracy, even when they do not have the evidence to prove the underlying offense.

Many federal offenses, such as drug trafficking, are also subject to heavier penalties if a firearm is used in the commission of the crime, even if it is never discharged. Another common feature of federal criminal law is the imposition of mandatory minimum sentences for conviction of certain drugs or weapons offenses. Whether mandatory sentences are a possibility depends heavily on which charges are filed and prosecuted.

Some of the major areas of federal criminal law we commonly practice in include:

• White Collar – tax fraud, tax evasion, failure to file a tax return, bribery, perjury, mail fraud, forgery, pyramid or Ponzi schemes
• Drugs – drug trafficking, manufacture, cultivation, distribution, possession with intent, violations of the United States Controlled Substances Act
• Weapons – unlawful use, unlawful sale or transfer, unlawful possession, gunrunning
• Human Trafficking – the desire to bring family members into the country may sometimes run afoul of U.S. immigration laws, such as human smuggling, defined by Immigration and Customs Enforcement (ICE) as “the importation of people into a country via the deliberate evasion of immigration laws.”

Lying to a Federal Agent

In federal criminal law, perhaps no offense is as ripe for prosecutorial misuse and abuse as 18 U.S.C. 1001, a federal statute making it a crime to knowingly and willfully make any materially false statement to a federal agent or in relation to any matter under the jurisdiction of federal law. Under this broad law, you can be fined and imprisoned up to five or eight years. It doesn’t matter if the statement is related to any suspected offense, or even if the statement is made to a government official. It could be a false statement to an employer or bank loan officer made without any criminal intent that is somehow later involved in a criminal investigation.
This law places tremendous power in the hands of federal agents, who could maneuver you into making a false statement and then use the threat of prosecution to make you cooperate in an investigation.

How do you avoid being tripped up by this law? Refuse to be interviewed in the first place. Invoke your right to an attorney. This is one of your fundamental rights in the field of criminal law, and it should be jealously guarded and vigorously enforced.

Seek Experienced Legal Representation

If you are being investigated by federal agents, or if you have been arrested for any violation of federal criminal law, This email address is being protected from spambots. You need JavaScript enabled to view it. for a free consultation with an experienced Texas criminal defense attorney.

Sex Offenses

Allegations of sexual assault or other sex offenses can be difficult to deal with and difficult to defend in Texas, but the criminal defense attorneys at McLemore, Reddell & Story, P.L.L.C. work hard to clear our clients’ names and make sure they are not unjustly convicted of a crime they didn’t commit.

A person may find oneself wrongly accused of a sex offense in a number of ways. A young or distraught victim or witness may make an innocent misidentification, or one’s actions and intentions may be misunderstood. There are times when sexual relations are consensual, but one party later regrets the act or casts it in a different light to cover up an infidelity or maintain a reputation. There are even times when one may be accused of sexual misconduct in retaliation for a relationship that has gone bad or other perceived offense.

Such allegations are justifiably taken very seriously, but these accusations can be very difficult to defend against. In most criminal prosecutions, juries tend to start out with a belief that the defendant is probably guilty, despite our bedrock principle that a person is innocent until proven guilty. This preconception can be a difficult hurdle to overcome for the defense, and it is particularly pronounced in the case of sex offenses, which are particularly distasteful in the minds of the average juror. In addition, the defense must be sensitive to the feelings of the alleged victim and the jury’s natural sympathies for him or her. A strong defense is essential, but it must often be approached delicately.

A Lifetime of Negative Consequences

Sex offenders face some of the toughest punishments in the criminal justice system. In addition to tough criminal penalties such as fines and lengthy prison sentences, most sex offenders must register with the Texas Sex Offender Registry, a publicly accessible database showing their picture, home address, place of employment, and more. Under Texas’ Megan’s Law, registration is a lifetime requirement in most cases, although juveniles required to register may be removed ten years after they have been discharged from supervision.

Seek Experienced Legal Representation

The rules of evidence and court procedure, such as witness testimony and the use of medical records, must be approached differently in the area of sex offenses as compared to other criminal prosecutions. Many criminal defense attorneys decline to handle sex offenses because of their difficulty, while others simply do not have the experience to handle them effectively. At McLemore, Reddell & Story, P.L.L.C., we have the experience and ability to prepare and present an effective defense to sex offense prosecutions. This email address is being protected from spambots. You need JavaScript enabled to view it. to find out how we can help you clear your name and take back your life.

Violent Crimes

The criminal defense attorneys at McLemore, Reddell & Story, P.L.L.C. represent people in Houston and throughout Texas statewide who have been arrested and charged with violent crime. The consequences for conviction of a violent crime can be particularly rough on the individual. Many crimes of violence come with mandatory minimum sentences, and almost all violent felonies are strike offenses, meaning that a conviction could put you in jeopardy of a life sentence. Also, it may be more difficult to obtain probation or parole if you are considered a danger to society. Through charge bargaining, plea bargaining, and strong trial defense, we work hard to see that you do not have to face the serious repercussions from being convicted of a serious, violent felony.

Assault: A Violent Crime Without the Violence

An assault under Texas law occurs when one intentionally, knowingly, or recklessly causes bodily injury to another. However, an assault can also occur if one intentionally or knowingly threatens another with imminent bodily injury, or causes physical contact with another when the person knows the other will regard the contact as offensive. It is possible to be convicted of an assault without actually harming or even touching another person. Aiding in a suicide, and leaving a child younger than seven alone in a vehicle for more than five minutes, although not violent acts are also grouped together with assault offenses in Texas.

Misdemeanor Versus Felony

An assault may be charged as a misdemeanor or a felony offense, depending upon the circumstances. How the charge is filed is very important not only because of the potential punishment involved but also for the very serious effect a felony conviction can have in light of Texas’ three strikes and habitual offender laws. If you are unfortunate enough to be convicted of a third felony offense, you can find yourself sentenced to life in prison, even for a relatively minor offense that would never carry such a penalty on its own. It is very important to retain an experienced criminal defense attorney who understands these important distinctions and has the ability to influence what charges are filed or pled to and can provide a strong, effective defense in court.

Seek Experienced Legal Representation

Beyond assault and aggravated assault, violent crimes include certain sex offenses such as sexual assault and aggravated sexual assault, as well as criminal homicide, including murder, capital murder, manslaughter, and criminally negligent homicide. Our lawyers have the trial skills and experience to handle any type of criminal case, from criminal negligence or assault to murder. If you are being charged with a serious, violent felony, your very future is at stake. In the state of Texas, This email address is being protected from spambots. You need JavaScript enabled to view it. for experienced, professional assistance with your defense.

Drug crimes are vigorously prosecuted in Texas, both at the state and federal levels, and punishment upon conviction can be quite severe. Even possession of a small number of drugs can cause big trouble with serious, long-term consequences. At McLemore, Reddell & Story, P.L.L.C., we take every case seriously and dedicate ourselves to helping our clients before their personal and professional life becomes a casualty to the government’s war on drugs.

The United States Controlled Substances Act and the Texas Controlled Substances Act have many features in common. They both prohibit the manufacture or cultivation, distribution, possession or sale of a list of substances, from street drugs such as marijuana and cocaine to prescription medicines with a high potential for abuse, such as Oxycontin, Percocet, and Oxycodone. The potential sentences for conviction depend upon the offense charged, such as possession versus drug trafficking, but they depend upon other factors as well. The type of drug and the amount involved play major factors, as well as the defendant’s criminal history and the circumstances surrounding the arrest, such as whether there were any weapons or violence involved.

Trial Defense and Drug Courts

There are often many defenses available to drug charges. Many times drug arrests are made based on witness testimony, which is often rife with misidentification and problems with credibility. Any search, arrest, interrogation, or other police procedure should also be examined closely to make sure it comported with individual rights guaranteed by the U.S. Constitution.

In addition to presenting a strong and vigorous defense, we also use our skills and experience as former prosecutors to negotiate alternative sentencing through drug courts and similar diversion programs, where available and appropriate. Whatever the charge, we take the time to listen to our clients and to explain the potential consequences and options, so that they can make the best-informed decision about how to proceed with their defense.

If you have been arrested and charged with a drug-related offense in Houston or throughout the state of Texas, This email address is being protected from spambots. You need JavaScript enabled to view it. for a free consultation regarding your best options and how we can help you.