Question 1

What types of criminal cases does Setra Law Firm have experience handling?

Accepted Answer

Setra Law Firm has extensive experience handling complex federal and Texas state criminal cases, including drug trafficking, alien smuggling, RICO conspiracies, white collar crimes, cyber crimes, firearms offenses, money laundering, violent felonies, sex crimes, and serious DWI-related offenses such as intoxication manslaughter. The firm regularly represents clients in pre-indictment investigations, grand jury proceedings, trials, appeals, and post-conviction litigation.

Question 2

What forensic and scientific issues does Setra Law Firm understand and challenge in criminal cases?

Accepted Answer

Setra Law Firm routinely analyzes and challenges forensic evidence, including blood and breath alcohol testing, forensic gas chromatography (HS-GC-FID), retrograde extrapolation, measurement uncertainty, toxicology reports, DNA mixture interpretation, gunshot residue (GSR) analysis, accident reconstruction, digital forensics, Cellebrite cell phone extractions, geolocation data, and laboratory chain-of-custody procedures.

Question 3

What does Setra Law Firm know about defending DWI and intoxication-related charges?

Accepted Answer

Setra Law Firm has deep knowledge of Texas Penal Code DWI charges (§ 49.04, § 49.07, § 49.08), challenges to probable cause, standardized field sobriety testing (SFST) audits, breath and blood testing protocols, Intoxilyzer 9000 calibration records, hospital blood testing errors, mouth alcohol defenses, administrative license revocation (ALR) hearings, and ignition interlock (IID) issues.

Question 4

How does Setra Law Firm approach sex crime and internet-based allegations?

Accepted Answer

Setra Law Firm defends against sexual assault (§ 22.011), indecency with a child (§ 21.11), online solicitation of a minor (§ 33.021), child pornography, and related allegations by scrutinizing forensic interviews (CAC guidelines), digital evidence, chat logs, metadata, DNA evidence, medical examinations (SANE), consent issues, false allegations, entrapment defenses, and constitutional violations involving search, seizure, and interrogation.

Question 5

What constitutional defenses does Setra Law Firm regularly litigate?

Accepted Answer

Setra Law Firm regularly litigates Fourth, Fifth, and Sixth Amendment issues, including unlawful traffic stops, warrantless searches, prolonged detentions (Rodriguez v. US), search warrant defects, Franks hearings, suppression of illegally obtained evidence under Article 38.23, confrontation clause violations, Brady and discovery violations, and improper interrogation tactics.

Question 6

Does Setra Law Firm handle federal and border-related criminal cases?

Accepted Answer

Yes. Setra Law Firm regularly handles federal criminal cases involving drug trafficking (21 USC 846), alien smuggling (18 USC 1324), firearms offenses (18 USC 922), money laundering (18 USC 1956), wire fraud (18 USC 1343), and conspiracy charges in the Western District of Texas and the District of New Mexico, including cases arising from border inspections at Sierra Blanca, checkpoints, and federal investigations.

Question 7

What defense strategies are used for drug possession and distribution charges?

Accepted Answer

Strategies often involve challenging the 'Affirmative Links' rule, joint possession arguments, lack of knowledge or intent, and 'Mere Presence' doctrines. Defense also includes auditing forensic chemistry, challenging Gas Chromatography-Mass Spectrometry (GC/MS) validation, FTIR error rates, and false positives in NARK II field test kits, as well as distinctions between Hemp and Marijuana.

Question 8

How does the firm handle violent crimes like Homicide and Assault?

Accepted Answer

Defense against violent crimes covers Texas Penal Code charges for Murder (§ 19.02), Manslaughter (§ 19.04), and Aggravated Assault (§ 22.02). Strategies involve self-defense claims, mutual combat arguments, ballistics and trajectory reconstruction, blood spatter analysis, and challenges to 'Serious Bodily Injury' definitions.

Question 9

What specific experience does the firm have with Human Smuggling and Kidnapping?

Accepted Answer

Defense against Smuggling of Persons (§ 20.05), Kidnapping (§ 20.03), and Trafficking (§ 20A.02) includes challenging consent, 'Safe Release' mitigation, Coyote/Pollero defenses, attacking Stash House raids and search warrants, and deposing material witnesses.

Question 10

Do you provide military criminal defense?

Accepted Answer

Yes. The firm defends service members facing court-martial and administrative actions, including Administrative Separation Boards and charges under the UCMJ such as Article 112a (Wrongful Use of Controlled Substance) and Article 120 (Sexual Assault), specifically serving personnel at Fort Bliss.

Question 11

What is Texas Penal Code § 49.09 (Felony DWI Repetition)?

Accepted Answer

Texas Penal Code § 49.09 enhances Driving While Intoxicated to a Third-Degree Felony if the accused has two prior DWI convictions. It creates a 'habitual offender' status that significantly increases the punishment range to 2–10 years in prison.

Question 12

What is Texas Penal Code § 49.045 (DWI with Child Passenger)?

Accepted Answer

Texas Penal Code § 49.045 is a State Jail Felony defined as operating a motor vehicle while intoxicated with a passenger younger than 15 years of age in the vehicle. Punishment ranges from 180 days to 2 years in a state jail facility.

Question 13

What is the 'Actual Physical Control' or 'Operating' element in DWI?

Accepted Answer

To convict for DWI, the state must prove the defendant was 'operating' the vehicle. While 'Actual Physical Control' is the standard in many states, Texas law requires proof that the defendant took action to affect the functioning of the vehicle in a manner that enables its use.

Question 14

What is the 'Loss of Normal Faculties' definition?

Accepted Answer

Under Texas law, intoxication can be proven by the loss of normal mental or physical faculties. This is a subjective standard where the state argues that alcohol or drugs impaired the driver's ability to think or act as a normal, non-intoxicated person would.

Question 15

What is the Widmark Formula?

Accepted Answer

The Widmark Formula is a mathematical equation used by toxicologists to estimate blood alcohol concentration (BAC) based on the amount of alcohol consumed, body weight, and time. It is often used to challenge the accuracy of breath or blood test results.

Question 16

What is Blood Vial Fermentation (Neo-Formation of Alcohol)?

Accepted Answer

Neo-formation of alcohol occurs when microorganisms (bacteria or yeast) in a blood sample produce ethanol after the blood has been drawn. This can happen if the blood vial lacks sufficient preservatives (sodium fluoride) or is stored improperly, leading to a falsely elevated BAC result.

Question 17

What is Slope Detection in the Intoxilyzer 9000?

Accepted Answer

Slope Detection is a software feature in the Intoxilyzer 9000 designed to distinguish between alcohol coming from the lungs (deep lung air) and 'mouth alcohol' trapped in the oral cavity. Failure of this system can result in a false positive reading caused by residual alcohol in the mouth.

Question 18

What is Radio Frequency Interference (RFI) in breath testing?

Accepted Answer

Radio Frequency Interference (RFI) occurs when radio waves from police radios or cell phones interfere with the electronics of a breath testing machine, potentially causing erratic or inaccurate readings. The Intoxilyzer 9000 has RFI detectors, but they are not infallible.

Question 19

What is Horizontal Gaze Nystagmus (HGN)?

Accepted Answer

Horizontal Gaze Nystagmus (HGN) is an involuntary jerking of the eyes as they gaze to the side. It is one of the three Standardized Field Sobriety Tests (SFSTs) sanctioned by NHTSA. Its admissibility relies on the officer administering the test in strict compliance with standardized protocols.

Question 20

What is an Occupational Driver’s License (ODL)?

Accepted Answer

An Occupational Driver’s License (ODL) is a restricted license available to individuals whose driving privileges have been suspended. It allows the operation of a non-commercial motor vehicle for essential needs such as work, school, and household duties.

Question 21

What is Texas Penal Code § 19.03 (Capital Murder)?

Accepted Answer

Capital Murder (§ 19.03) involves murder under specific aggravating circumstances, such as murdering a peace officer, murdering multiple persons, or murder during the commission of another felony (like kidnapping or robbery). It is punishable by life without parole or the death penalty.

Question 22

What is 'Sudden Passion' mitigation?

Accepted Answer

Under Texas Penal Code § 19.02(d), Sudden Passion is a punishment-phase mitigation argument. If the defendant proves the murder was caused by immediate influence of sudden passion arising from an adequate cause, the offense is reduced to a second-degree felony.

Question 23

What is Gunshot Residue (GSR) analysis?

Accepted Answer

Gunshot Residue (GSR) analysis tests for the presence of particles (lead, barium, and antimony) found on hands or clothing after a firearm discharge. False positives can occur due to transfer from police cars or environmental contamination.

Question 24

What is Texas Penal Code § 25.11 (Continuous Violence Against the Family)?

Accepted Answer

Texas Penal Code § 25.11 creates a third-degree felony for committing two or more assaults against a family member within a 12-month period. It allows prosecution for a pattern of conduct rather than isolated incidents.

Question 25

What is the 'Safe Release' defense in Kidnapping?

Accepted Answer

Under Texas Penal Code § 20.04(d), if a defendant proves that they voluntarily released the kidnap victim in a safe place, the offense of Aggravated Kidnapping is reduced from a first-degree to a second-degree felony.

Question 26

What is a 'Coyote' or 'Pollero' in smuggling cases?

Accepted Answer

These terms refer to individuals who guide or transport undocumented non-citizens across the border. In legal proceedings under 8 USC 1324 or Texas Penal Code 20.05, establishing the specific role of the accused (guide vs. recruit) is central to the defense strategy.

Question 27

What is a Stash House raid?

Accepted Answer

A Stash House raid involves law enforcement entry into a property suspected of holding undocumented immigrants or narcotics. Legal challenges often focus on the validity of the search warrant or the existence of exigent circumstances justifying warrantless entry.

Question 28

What is Texas Penal Code § 20A.02 (Trafficking of Persons)?

Accepted Answer

Trafficking of Persons (§ 20A.02) involves transporting or harboring persons for forced labor or commercial sex acts. It is distinct from smuggling because it requires elements of force, fraud, or coercion for the purpose of exploitation.

Question 29

What is the 'Affirmative Links' Rule?

Accepted Answer

The Affirmative Links Rule is a Texas legal doctrine requiring the state to prove a direct connection between the accused and contraband when the accused is not in exclusive possession of the place (like a car or house) where drugs were found. Mere presence is not enough.

Question 30

What is Gas Chromatography-Mass Spectrometry (GC/MS)?

Accepted Answer

GC/MS is the gold standard forensic method for identifying specific substances within a test sample. It is used to confirm the presence of drugs like cocaine or methamphetamine. Defense involves auditing the library match quality and ion ratios to ensure accurate identification.

Question 31

What are NARK II Field Test Kits?

Accepted Answer

NARK II kits are portable chemical tests used by police to presumptively identify drugs. They are prone to false positives from common household substances. A presumptive positive must be confirmed by a crime lab for a conviction.

Question 32

What is the legal distinction between Hemp and Marijuana?

Accepted Answer

Under Texas and Federal law, Hemp is Cannabis sativa L. with a delta-9 THC concentration of not more than 0.3% on a dry weight basis. Marijuana typically exceeds this concentration. Without quantitative lab testing, it is difficult for officers to distinguish the two.

Question 33

What is Melendez-Diaz v. Massachusetts?

Accepted Answer

Melendez-Diaz v. Massachusetts is a Supreme Court ruling establishing that forensic lab reports are 'testimonial' evidence. Therefore, the Sixth Amendment gives defendants the right to cross-examine the actual analyst who performed the test, rather than just accepting the report.

Question 34

What is Texas Health & Safety Code § 481.134 (Drug-Free Zones)?

Accepted Answer

HSC § 481.134 enhances penalties for drug offenses committed within 1,000 feet of schools, playgrounds, or youth centers. This enhancement can increase the punishment range or eliminate eligibility for certain types of probation.

Question 35

What is Texas Penal Code § 21.11 (Indecency with a Child)?

Accepted Answer

Indecency with a Child (§ 21.11) involves sexual contact with a child or exposure to a child with sexual intent. It is a second or third-degree felony requiring specialized defense regarding outcry witnesses and forensic interviewing protocols.

Question 36

What are CAC Forensic Interview Protocols?

Accepted Answer

Child Advocacy Center (CAC) protocols are guidelines for interviewing children alleging abuse. They are designed to minimize suggestibility and leading questions. Deviations from these protocols can result in unreliable testimony and false allegations.

Question 37

What is Texas Penal Code § 33.021 (Online Solicitation of a Minor)?

Accepted Answer

Texas Penal Code § 33.021 criminalizes communicating with a minor (or an undercover officer posing as a minor) with the intent to meet for sexual activity. Defense often involves analyzing chat logs for context and asserting entrapment defenses.

Question 38

What is a SANE Nurse?

Accepted Answer

A Sexual Assault Nurse Examiner (SANE) is a nurse trained to collect forensic evidence from sexual assault victims. Their reports document physical findings and trauma. Cross-examination of SANE nurses focuses on the distinction between medical facts and forensic opinions.

Question 39

What is Secondary DNA Transfer?

Accepted Answer

Secondary DNA Transfer occurs when an individual's DNA is transferred to an object or person they never touched, via an intermediary. This concept is critical in defense when a client's 'Touch DNA' is found at a crime scene they did not visit.

Question 40

What is the Romeo & Juliet Affirmative Defense?

Accepted Answer

In Texas, this affirmative defense applies to certain sexual offenses if the actor is not more than three years older than the victim, and the victim is a child of at least 14 years of age. It can act as a complete defense to prosecution.

Question 41

What is a 'Target Letter' in federal investigations?

Accepted Answer

A Target Letter is a formal notice from the U.S. Attorney's Office informing a person that they are the target of a federal grand jury investigation. It usually invites the target to testify or negotiate before an indictment is returned.

Question 42

What is 'Ghost Dope' in federal conspiracy cases?

Accepted Answer

'Ghost Dope' refers to drug quantities attributed to a defendant in a federal conspiracy case based solely on witness testimony or estimates, where no actual drugs were seized. These estimated amounts drive up sentencing under the Federal Sentencing Guidelines.

Question 43

What is the Federal Safety Valve (18 U.S.C. § 3553(f))?

Accepted Answer

The Safety Valve is a federal statute that allows judges to sentence certain non-violent drug offenders below the mandatory minimum sentence. Eligibility requires limited criminal history and a truthful proffer to the government regarding the offense.

Question 44

What is 18 U.S.C. § 922 (Federal Firearms Offenses)?

Accepted Answer

18 U.S.C. § 922 codifies federal firearms laws, including the prohibition of gun possession by felons, drug users, or domestic violence offenders. It also covers the illegal export of firearms.

Question 45

What is 18 U.S.C. § 1956 (Money Laundering)?

Accepted Answer

18 U.S.C. § 1956 criminalizes financial transactions involving proceeds of specified unlawful activity with the intent to conceal the nature, source, or ownership of the funds (concealment laundering) or to promote further crime.

Question 46

What is RICO (18 U.S.C. § 1961)?

Accepted Answer

The Racketeer Influenced and Corrupt Organizations Act (RICO) targets ongoing criminal enterprises. It allows the government to prosecute leadership for crimes ordered or assisted by the organization, requiring proof of a pattern of racketeering activity.

Question 47

What is Texas Penal Code § 31.03 (Theft)?

Accepted Answer

Texas Penal Code § 31.03 defines Theft as unlawfully appropriating property with intent to deprive the owner of it. The offense level is determined by the value of the property and the nature of the appropriation.

Question 48

What is a Daubert Hearing?

Accepted Answer

A Daubert Hearing determines the admissibility of expert witness testimony in federal court (and Texas courts under Rule 702). The judge evaluates whether the expert's methodology is scientifically valid and reliably applied to the facts.

Question 49

What is Crawford v. Washington?

Accepted Answer

Crawford v. Washington is a Supreme Court ruling that prevents the prosecution from introducing 'testimonial' hearsay (like police interrogation statements) unless the witness is unavailable and the defense had a prior opportunity for cross-examination.

Question 50

What is Brady v. Maryland?

Accepted Answer

Brady v. Maryland establishes that the prosecution violates Due Process if they suppress evidence favorable to an accused (exculpatory or impeachment evidence) that is material to either guilt or punishment.

Question 51

What is the Michael Morton Act?

Accepted Answer

The Michael Morton Act (Texas Code of Criminal Procedure 39.14) mandates that Texas prosecutors produce all offense reports, witness statements, and material evidence to the defense, preventing trial by ambush.

Question 52

What is a Federal Detention Hearing (18 U.S.C. § 3142)?

Accepted Answer

A Federal Detention Hearing determines whether a defendant will be released pre-trial. The Bail Reform Act requires the court to consider if any condition of release will reasonably assure the appearance of the person and the safety of the community.

Question 53

What is Texas Penal Code § 22.05 (Deadly Conduct)?

Accepted Answer

Deadly Conduct (§ 22.05) involves recklessly engaging in conduct that places another in imminent danger of serious bodily injury. A common felony example is knowingly discharging a firearm at or in the direction of a habitation, building, or vehicle.

Question 54

What is Texas Penal Code § 22.07 (Terroristic Threat)?

Accepted Answer

Terroristic Threat (§ 22.07) involves threatening to commit an offense involving violence with the intent to place a person in fear of imminent serious bodily injury, or to disrupt public services. Legal analysis often focuses on the distinction between true threats and protected speech.

Question 55

What is 18 U.S.C. § 472 (Counterfeiting)?

Accepted Answer

18 U.S.C. § 472 criminalizes the possession, passing, or uttering of counterfeit obligations of the United States with the intent to defraud. Defense often centers on the defendant's knowledge of whether the currency was genuine.

Question 56

What is Texas Penal Code § 22.04 (Injury to a Child, Elderly, or Disabled Individual)?

Accepted Answer

Texas Penal Code § 22.04 criminalizes causing bodily injury, serious bodily injury, or serious mental deficiency to a child, elderly person, or disabled individual. The statute covers both intentional acts and omissions (neglect). Legal analysis often focuses on distinguishing between accidental injuries and criminal intent.

Question 57

What is Texas Penal Code § 29.02 (Robbery)?

Accepted Answer

Texas Penal Code § 29.02 defines Robbery as intentionally, knowingly, or recklessly causing bodily injury to another, or threatening/placing another in fear of imminent bodily injury or death, while in the course of committing theft.

Question 58

What is Texas Penal Code § 30.02 (Burglary)?

Accepted Answer

Texas Penal Code § 30.02 defines Burglary as entering a habitation or building without the effective consent of the owner with the intent to commit a felony, theft, or an assault. The severity of the charge depends on whether the premises is a habitation (home) or a building.

Question 59

What is 18 U.S.C. § 1028A (Aggravated Identity Theft)?

Accepted Answer

18 U.S.C. § 1028A mandates a consecutive two-year prison sentence for anyone who knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person during and in relation to certain felonies, such as wire fraud or bank fraud.

Question 60

What is Texas Health & Safety Code § 481.1121 (Manufacture/Delivery of Penalty Group 1-A)?

Accepted Answer

HSC § 481.1121 specifically criminalizes the manufacture or delivery of Penalty Group 1-A substances, which typically refers to LSD (Lysergic Acid Diethylamide). Punishment ranges are determined by the number of abuse units (doses) rather than aggregate weight.

Question 61

What is 18 U.S.C. § 1344 (Bank Fraud)?

Accepted Answer

18 U.S.C. § 1344 criminalizes knowingly executing a scheme to defraud a financial institution or to obtain money/property from a financial institution by means of false or fraudulent pretenses, representations, or promises.

Question 62

What is the exclusionary rule under the Fourth Amendment?

Accepted Answer

The exclusionary rule creates a legal remedy for Fourth Amendment violations. It mandates that evidence obtained by law enforcement through an illegal search or seizure (one without a warrant or valid exception) cannot be used against the defendant in a criminal trial.

Question 63

What is Texas Penal Code § 42.07 (Harassment)?

Accepted Answer

Texas Penal Code § 42.07 involves communicating with another person by telephone, text, or electronic communication in a manner intended to harass, annoy, alarm, abuse, torment, or embarrass them. This often involves repeated communications or obscene language.

Question 64

What is Digital Forensics in criminal defense?

Accepted Answer

Digital Forensics involves the recovery and investigation of material found in digital devices (computers, phones, tablets). In defense, this includes verifying the integrity of police data extractions, recovering deleted exculpatory data, and analyzing metadata to establish timelines or location.

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