dallas lawyers

Dropping Federal Criminal Charges in Texas

Exploring the Process and Possibility of Dropping Federal Criminal Charges

By | dallas lawyers

Facing federal criminal charges can be an overwhelming and stressful experience for individuals and their families. In these situations, many wonder whether federal charges can be dropped. While dropping charges is within the realm of possibility, it’s essential to understand the complexities and processes involved in seeking dismissal. Let’s look into the factors that might influence the potential for dropping federal criminal charges.

1. Prosecutorial Discretion:

Prosecutors have discretion in deciding whether to pursue or drop criminal charges, including federal charges. Prosecutorial discretion allows them to assess the evidence, the circumstances of the case, and the public interest before making a decision. In some instances, prosecutors may choose to drop charges if they determine that there isn’t sufficient evidence to proceed or if pursuing the case is not in the interest of justice.

2. Lack of Sufficient Evidence:

One common reason for dropping federal criminal charges is insufficient evidence to support the allegations. Prosecutors have the burden of proving guilt beyond a reasonable doubt, and if they believe that the evidence is weak or inadequate, they may dismiss the charges. However, it’s essential to note that the decision to drop charges due to insufficient evidence rests with the prosecutor’s case assessment.

3. Plea Bargaining:

In federal criminal cases, plea bargaining is a common practice where defendants negotiate with prosecutors to plead guilty to lesser charges or receive a reduced sentence in exchange for dropping certain charges. Prosecutors may agree to drop some charges as part of a plea deal to expedite the case’s resolution or to secure cooperation from the defendant in other matters. Plea bargaining can be a strategic option for prosecutors and defendants to achieve a mutually beneficial outcome.

4. Constitutional Violations:

If law enforcement or prosecutors engage in misconduct or violate the defendant’s constitutional rights during the investigation or prosecution process, it may provide grounds for seeking dismissal of federal charges. Constitutional violations, such as illegal searches and seizures, coerced confessions, or denial of the right to legal counsel, can undermine the integrity of the case and lead to the suppression of evidence or dismissal of charges.

5. Judicial Discretion:

While prosecutors have the primary authority to decide whether to drop charges, judges also have discretion in overseeing criminal proceedings. Judges may dismiss federal charges if they determine that the prosecution’s case lacks merit, violates legal procedures, or constitutes an abuse of the legal system. However, judicial intervention to dismiss charges is relatively rare and typically occurs in exceptional circumstances with clear evidence of misconduct or injustice.

While dropping federal criminal charges is possible under certain circumstances, it’s not guaranteed or even likely. It depends on various factors, such as prosecutorial discretion, evidence, plea bargaining, constitutional violations, and judicial oversight. Defendants facing federal charges should seek legal counsel to assess their options and determine the best course of action. Whether through negotiation, evidentiary challenges, or legal arguments, exploring avenues for dismissing charges requires careful consideration and strategic planning.

Defense Attorney in Dallas Texas

How to Choose the Right Defense Attorney

By | dallas lawyers

When facing legal challenges, especially criminal charges, selecting the right defense attorney can make all the difference in the progression and outcome of your case. In Dallas, TX, where the legal system can be complex and unforgiving, having a skilled and experienced defense lawyer by your side is a must. In this article, we’ll explore the key factors to consider when choosing the right criminal defense attorney, with insights from James Lee Bright, a prominent defense lawyer serving the Dallas community. 

1. Experience and Expertise:

Look for a defense attorney with a proven track record of successfully handling cases similar to yours. With years of experience in criminal defense law, James Lee Bright deeply understands the local legal system and knows how to navigate its complexities effectively. 

2. Reputation and Reviews:

Research the attorney’s reputation within the legal community and among past clients. Positive reviews and testimonials can provide valuable insights into the attorney’s professionalism, communication style, and ability to achieve favorable outcomes. James Lee Bright’s reputation for integrity, dedication, and client-focused representation speaks volumes about his commitment to excellence. 

3. Specialization and Focus:

Choose an attorney who specializes in the specific area of law relevant to your case. James Lee Bright focuses exclusively on criminal defense, allowing him to concentrate his skills, resources, and expertise on defending clients facing a wide range of criminal charges, from DUI and drug offenses to assault and white-collar crimes. 

4. Personalized Attention:

Ensure that the attorney you choose is willing to provide personalized attention and tailored legal strategies based on your unique circumstances. James Lee Bright understands that every case is different and takes the time to listen to his clients, address their concerns, and develop customized defense strategies designed to achieve the best possible outcome. 

5. Communication and Accessibility:

Effective communication is crucial throughout the legal process. Choose an attorney who is accessible, responsive, and transparent about the status of your case. James Lee Bright prides himself on maintaining open lines of communication with his clients, keeping them in the loop at every stage of the proceedings, and promptly addressing any questions or concerns they may have. 

6. Trial Experience:

While many cases are resolved through negotiation or plea agreements, it’s essential to choose an attorney with significant trial experience in case your case goes to court. James Lee Bright is a seasoned trial lawyer who is not afraid to aggressively advocate for his clients in the courtroom, presenting compelling arguments and challenging the prosecution’s case with skill and confidence. 

7. Fee Structure and Affordability:

Discuss the attorney’s fee structure upfront to ensure that it aligns with your budget and expectations. James Lee Bright offers transparent and competitive fee arrangements, to provide quality legal representation accessible to those in need. 

8. Trust and Comfort Level:

Trust your instincts and choose an attorney with whom you feel comfortable sharing intimate details of your case. James Lee Bright’s compassionate and empathetic approach puts clients at ease, empowering them to confront their legal challenges with confidence and peace of mind. 

Choosing the right defense attorney is a critical decision that can profoundly impact the outcome of your case and the rest of your life.  By considering factors such as experience, reputation, specialization, communication, trial experience, and affordability, you can make an informed choice that sets the stage for a successful defense. With James Lee Bright by your side, you can rest assured that your rights will be fiercely protected and your interests vigorously advocated for every step of the way.


By | dallas lawyers, Uncategorized

Unfortunately, what a person thinks should be illegal has no bearing on what is actually illegal.  And sometimes, what people see as common sense is too simplistic for the vast and confusing web of laws that exist on both the State and Federal levels.  For example, one would logically assume that to receive a charge for the possession of illegal drugs, one would actually need to be in possession of those drugs.  However, the Texas Court of Criminal Appeals (The Texas Supreme Court for Criminal Law) has recently ruled that this is not the case.

In Blackman v. State, 2011 WL 1376732 (Tx. Crim. App. 2011), a person was arrested, tried and convicted of the offense of possession of a controlled substance with intent to deliver.  The defendant in question was riding in the passenger seat of a car in which the drugs in question were discovered on the floorboard behind the driver’s seat.  The Court of Criminal Appeals stated ANY rational trier of fact could have found the defendant guilty of the crime beyond a reasonable doubt.  In other words, the Court was stating that any jury of reasonable people would assume that by riding in the car, the defendant knew and most likely handled the drugs at some point.  As a result of this ruling, ANY person who places themselves in the vicinity of illegal drugs places themselves in a position to be charged with possession of those drugs.

Is this common sense?  How often when you get into someone else’s car do you check under the seat to see if they hide their drugs there?  When was the last time when you looked under the seats of your car to see what was under there?  What one may think is common sense DOES NOT MATTER with regards to the laws on the books and courts’ interpetations of those laws.

The Bottom Line:  If you put yourself into a situation where there are drugs around, know that you too can be charged with possession of those drugs, even if they aren’t yours, they aren’t in your control and even if you had no idea there were drugs in the immediate area.  Be careful where you go and who you associate with.

If you, a friend or loved one has been arrested for drug possession, or any other criminal offense, call our offices immediately.