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All State and Federal Felonies and Misdemeanors

SEAN BUCKLEY PRACTICE AREAS

Sean Buckley handles all State and Federal criminal cases,
both felony and misdemeanor.
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your particular legal issue.

DRUG CRIMES

Possession

Every day people are arrested and charged with drug possession. Even minor drug possession convictions can have serious negative effects on a person’s life and future. This can be just as true for a young student with no criminal record as for an older individual with a lengthy criminal history. Sean Buckley has years of experience obtaining dismissals, “not guilty” verdicts, and other favorable outcomes in a variety of drug possession cases. Even when the State’s evidence is strong, in many cases the unique reasons behind a person’s drug use can provide for creative, humanistic resolutions geared more toward treatment than punishment. For a review of Federal drug laws, the legal elements of Federal drug crimes are outlined and discussed in the book O’Connor’s Federal Criminal Rules and Codes (Annual, 2010-present), co-authored by Sean Buckley.

Manufacture and Delivery

Sometimes, the amount of drugs involved—or the manner in which the drugs were allegedly possessed—causes a secondary allegation of “possession with intent to manufacture or deliver” or some variation of that language. This type of allegation can be synonymous with the term “drug trafficking,” but not always. Sean Buckley has experience representing individuals throughout this spectrum, from the high school student accused of giving marijuana to a classmate, to the high volume cartel-level drug trafficker charged with transporting hundreds of kilograms of cocaine.

Drug Trafficking

The term “drug trafficking” usually relates to activity involving the high-volume transportation and distribution of illegal drugs. Individuals accused of being drug traffickers are often charged in Federal Court due to the U.S. Government’s interest in curtailing the interstate transportation of illegal drugs. Sean Buckley has experience representing individuals accused of drug trafficking in both State and Federal Court. For a review of Federal laws on drug trafficking, the legal elements of Federal drug crimes are outlined and discussed in the book O’Connor’s Federal Criminal Rules and Codes (Annual, 2010-present), co-authored by Sean Buckley.

Prescription Fraud

Prescription fraud can take many forms. Unfortunately one of the most common situations arises when good people receive painful injuries, and in the course of their recoveries become addicted to pain pills such as Hydrocodone, Oxycontin, and Xanax. As the addiction strengthens its grip and legitimate doctors begin refusing to authorize refills, hopelessness pushes some pain pill addicts to forge or falsify prescriptions. Sean Buckley has successfully represented people from all walks of life—including doctors and lawyers--whose pain pill addictions have led to their tragic involvement in prescription fraud. Even when the State’s evidence against a prescription fraud defendant is strong, the unique stories behind these cases can provide for creative, humanistic resolutions geared more toward treatment than punishment.

Conspiracy

Conspiracy is both a State and Federal crime making it illegal for people to work together to engage in criminal activity—whether or not the people actually succeed in committing the underlying crime(s). When a person is charged with Conspiracy—especially in Federal Court—he is in danger of being held responsible for a wide range of criminal conduct that could be far beyond anything he actually did himself (if he even did anything at all). Because Conspiracy cases can bring high “exposure” to criminal liability, these cases must be defended carefully and competently. Sean Buckley has extensive experience representing defendants in the most serious conspiracy cases including as lead counsel in the infamous “Spy Club” international drug trafficking case and the $42M “City Nursing” Medicare Fraud case, and as co-counsel for R. Allen Stanford in the “Stanford Financial Ponzi Scheme” case, among many others. Sean Buckley also has rare and substantial experience representing Federal conspiracy defendants in numerous trials in Federal District Court. For a review of the law of Federal Conspiracy, the legal elements of Federal Conspiracy are outlined and discussed in the book O’Connor’s Federal Criminal Rules and Codes (Annual, 2010-present), co-authored by Sean Buckley.

Money Laundering

In everyday language, Money Laundering is the crime of using money that was gained from illegal activity. The various possible ways to commit Money Laundering are too numerous to list. Some examples might include using profits from a drug transaction to purchase a vehicle, investing the proceeds of a fraud scheme in real estate, or simply depositing stolen cash in a bank account. Often, the crime of Money Laundering is charged in connection with the crime of Conspiracy and along with with a so-called “substantive” crime, such as a Drug Possession or Medicare Fraud. Again, these are just examples and the various combinations can become quite complex. Sean Buckley has extensive experience defending complex Money Laundering accusations in State and Federal Court, including successfully representing a former Union Treasurer in the high-profile Houston Police Officers Union (HPOU) embezzlement case. For a review of the Federal crime of Money Laundering, the legal elements of Federal Money Laundering are outlined and discussed in the book O’Connor’s Federal Criminal Rules and Codes (Annual, 2010-present), co-authored by Sean Buckley.


ASSAULT & KIDNAPPING

Simple Assault

Accusations of assault are common. Although the crime of misdemeanor assault is not a serious crime, it can nevertheless have serious repercussions on a person’s job, professional license, or reputation in the community. Sean Buckley has extensive experience defending against accusations of Assault, successfully using such defenses as "Self Defense" and "False Accusation for Motive."

Assault – Family Member

When accusations of simple misdemeanor assault involve family members (as that term is broadly defined under the law), the legal consequences can become more severe. In some circumstances these cases can become felonies carrying potential prison sentences. Sean Buckley has extensive experience defending against Assault allegations that include the “family member” element. As with other assault cases, Sean Buckley has successfully defended “family member” cases using the defenses of “Self Defense” and “False Accusation for Motive.”

Child Abuse and Injury

Accusations of Child Abuse and Injury to a Child can be extremely serious, and may have devastating effects for defendants that extend far beyond the criminal litigation. Sean Buckley’s experience in these cases includes the successful use of defenses relating to false accusations for motive, misdiagnosis of abuse by overzealous medical and child protective professionals, innocent non-abusive causes of injuries, and medical conditions causing low thresholds for injuries in the course of normal child activities.

Aggravated Assault

Accusations of Felony Aggravated Assault involve (1) an allegation of Assault, plus (2) an additional aggravating allegation (such as the use of a deadly weapon or the causing of “serious bodily injury”). Aggravated Assault accusations can have serious consequences including lengthy prison sentences. Sean Buckley has extensive experience defending against the various kinds of Aggravated Assault accusations, and has successfully defended such cases using the defenses of “Self Defense” and “False Accusation for Motive.”

Intoxication Assault

Car accidents happen every day and unfortunately, people commonly get injured. When injury accidents involve alcohol or drug use, police and prosecutors don’t hesitate to file Intoxication Assault charges. In some cases these charges are justified, but often not. Important defenses to consider in Intoxication Assault cases include (1) the defendant was not the driver, (2) the defendant was not intoxicated, (3) the defendant did not cause the accident, (4) the defendant’s intoxication did not contribute to the accident, and so on. Sean Buckley is experienced in defending clients against accusations of Intoxication Assault, and handles Intoxication Assault cases involving cars, motorcycles, boats, and planes.

Kidnapping

Accusations of Kidnapping bring to mind violent abductions of children by strangers. While the crime of Kidnapping certainly includes these scenarios, more often Kidnapping cases stem from much less severe conduct including misunderstandings and arguments between people who know each other. Sean Buckley has experience defending against the full range of Kidnapping allegations. In some cases Kidnapping is charged as a Federal crime. For a review of the Federal Kidnapping statute, the legal elements of Federal Kidnapping cases are outlined and discussed in the book O’Connor’s Federal Criminal Rules and Codes (Annual, 2010-present), co-authored by Sean Buckley.


SEX CRIMES

Sexual Assault, Aggravated Sexual Assault, Indecency, Online Solicitation, Possession of Child Pornography, and other sexual offenses are all serious accusation that can result in life-changing consequences including prison time and Sex Offender Registration. Sean Buckley has extensive experience defending sexual accusations, and is knowledgeable in the use of defenses including “False Accusation for Motive,” “Mistake of Identity,” “Proof of Innocence by Forensic Evidence,” “Entrapment,” and others. In some cases, sex crimes are charged in federal court. For a review of the various Federal sex crime statutes, the legal elements of Federal sex crimes are outlined and discussed in the book O’Connor’s Federal Criminal Rules and Codes (Annual, 2010-present), co-authored by Sean Buckley.


PROPERTY DESTRUCTION & ARSON

Criminal Mischief & Vandalism

The crime of Criminal Mischief can apply to a wide range of conduct. Usually the conduct is relatively minor, and involves such things as foolish pranks that cause property damage, or vandalism following soured romantic relationships. Whatever the circumstances, Sean Buckley is experienced in representing clients charged with Criminal Mischief and other property damage.

Arson

The crime of Arson spans a wide range of accusations. At one end of the spectrum, an individual might be accused of lighting someone’s bicycle on fire to get revenge for a personal disagreement. On the other end of the spectrum, an individual might be accused of being a dangerous serial arsonist who burns down houses and buildings for the thrill of it. Sean Buckley is experienced and prepared to defend the full range of Arson cases.

Insurance Fraud

Accusations of Child Abuse and Injury to a Child can be extremely serious, and may have devastating effects for defendants that extend far beyond the criminal litigation. Sean Buckley’s experience in these cases includes the successful use of defenses relating to false accusations for motive, misdiagnosis of abuse by overzealous medical and child protective professionals, innocent non-abusive causes of injuries, and medical conditions causing low thresholds for injuries in the course of normal child activities.


CONSPIRACY

Conspiracy is both a State and Federal crime making it illegal for people to work together to engage in criminal activity—whether or not the people actually succeed in committing the underlying crime(s). When a person is charged with Conspiracy—especially in Federal Court—he is in danger of being held responsible for a wide range of criminal conduct that could be far beyond anything he actually did himself (if he even did anything at all). Because Conspiracy cases can bring high “exposure” to criminal liability, these cases must be defended carefully and competently. Sean Buckley has extensive experience representing defendants in the most serious conspiracy cases including as lead counsel in the infamous “Spy Club” international drug trafficking case and the $42M “City Nursing” Medicare Fraud case, and as co-counsel for R. Allen Stanford in the “Stanford Financial Ponzi Scheme” case, among many others. Sean Buckley also has rare and substantial experience representing Federal conspiracy defendants in numerous trials in Federal District Court. For a review of the law of Federal Conspiracy, the legal elements of Federal Conspiracy are outlined and discussed in the book O’Connor’s Federal Criminal Rules and Codes (Annual, 2010-present), co-authored by Sean Buckley.


FRAUD & THEFT

Fraud

Fraud accusations can arise from an endless variety of personal and business relationships, and can be filed in State or Federal court. Sean Buckley believes that most fraud accusations can and should be sorted out in civil court, not through criminal charges. Still, fraud cases don’t always go away, and they can have serious consequences including jail time (misdemeanors) and prison time (felonies). Sean Buckley has years of experience defending clients against Fraud allegations—from simple business disputes to million-dollar Ponzi-schemes. Each case is different. For a review of the Federal law on this subject, the legal elements of various Federal Frauds are outlined and discussed in the book O’Connor’s Federal Criminal Rules and Codes (Annual, 2010-present), co-authored by Sean Buckley.

Theft

From shoplifting to motor vehicle theft to embezzlement, Sean Buckley has extensive State Court experience successfully representing clients accused of stealing property or money from individuals and companies. In Federal Court, theft is typically charged as Wire Fraud or Mail Fraud, depending on how money or property was taken or received (electronically or by the U.S. Mail, respectively). Sean Buckley has extensive experience representing clients in Wire Fraud and Mail Fraud cases in Federal Court. For a review of the Federal law, the legal elements of Federal Wire and Mail Fraud are outlined and discussed in the book O’Connor’s Federal Criminal Rules and Codes (Annual, 2010-present), co-authored by Sean Buckley.

Debit / Credit Card Abuse

Misunderstandings, mistakes, and bad judgments can lead to charges of Debit or Credit Card Abuse. Sean Buckley has years of experience clearing up the misunderstandings that lead to false charges of Debit or Credit Card Abuse, and helping other clients overcome the mistakes and bad judgments that cause these charges to be filed in different circumstances. Usually these cases are filed in State Court, but in some instances involving large “loss amounts” or a large volume of account numbers used, then the case may be filed in Federal Court. For a review of the Federal law, the legal elements of Federal crimes relating to Debit / Credit Card Abuse are outlined and discussed in the book O’Connor’s Federal Criminal Rules and Codes (Annual, 2010-present), co-authored by Sean Buckley.

Wire & Mail Fraud

In Federal Court, theft and fraud are charged as Wire Fraud or Mail Fraud, depending on how money or property was taken or received (electronically or by the U.S. Mail, respectively). Sean Buckley has extensive experience representing clients in Wire Fraud and Mail Fraud cases in Federal Court. The legal elements of Federal Wire and Mail Fraud are outlined and discussed in the book O’Connor’s Federal Criminal Rules & Codes (Annual, 2010-present), co-authored by Sean Buckley.

Insurance Fraud

Sean Buckley’s experience handling Insurance Fraud cases began in 1997, when he worked for two years in the Insurance Fraud Division of the Travis County District Attorney’s Office in Austin, Texas. Since then, Sean Buckley has gained wide experience handling all varieties of Insurance Fraud, from simple allegations of false auto insurance claims in State Court, to complex accusations of health care fraud in Federal Court. For a review of the Federal Insurance Fraud laws, the legal elements of various kinds of Federal Insurance Fraud are outlined and discussed in the book O’Connor’s Federal Criminal Rules & Codes (Annual, 2010-present), co-authored by Sean Buckley.

Healthcare Fraud

Over the last decade, the Texas Attorney General’s Office and the U.S. Attorney’s Office, in connection with agencies including the FBI and IRS, have launched aggressive Healthcare Fraud investigations and prosecutions. These have occurred both at the State and Federal levels, although they are more likely to be filed as Federal cases when the alleged “loss” amounts are large. Sean Buckley has represented Healthcare providers and corporate executives, and is one of the few criminal defense lawyers in Texas to have tried multiple complex Federal Healthcare fraud cases to verdict. The legal elements of Federal Healthcare Fraud are outlined and discussed in the book O’Connor’s Federal Criminal Rules & Codes (Annual, 2010-present), co-authored by Sean Buckley.

Tax Fraud

Tax Fraud and related Tax Code offenses are unusual crimes in that they usually require an additional level of proof (“willfulness”) to support a conviction. This fact usually works to the benefit of the defendant. Sean Buckley accepts criminal Tax cases on a case-by-case basis. The legal elements of Federal Tax Fraud are outlined and discussed in the book O’Connor’s Federal Criminal Rules & Codes (Annual, 2010-present), co-authored by Sean Buckley.


HOMICIDE & MURDER

Criminally Negligent Homicide

Criminally Negligent Homicide is the crime of causing a person’s death through “criminal negligence.” One recent trend has been the prosecution of traffic fatalities as Criminally Negligent Homicides when aggravating factors such as excessive speed and texting-while-driving allegedly played a role in causing the accident. Criminally Negligent Homicide cases are not limited to vehicular deaths, and can also include deaths caused by an unlimited array of conduct and circumstances. Sean Buckley is experienced in handling all Homicide cases from Criminally Negligent Homicide to Murder.

Manslaughter

Manslaughter in Texas can be charged in several different ways. In general terms of seriousness, Manslaughter occupies the middle ground between Criminally Negligent Homicide and Murder. Sean Buckley is experienced in handling all Homicide cases, and has successfully used “self-defense” and “actual innocence” strategies in obtaining “Not Guilty” jury verdicts and pre-trial dismissals in cases involving the death of a person.

Intoxication Manslaughter

Car accidents happen every day and tragically, some result in fatalities. When fatality accidents involve alcohol or drug use, police and prosecutors don’t hesitate to file Intoxication Manslaughter charges. In some cases these charges are justified, but often not. Important defenses to consider in Intoxication Manslaughter cases include (1) the defendant was not the driver, (2) the defendant was not intoxicated, (3) the defendant did not cause the accident, (4) the defendant’s intoxication did not contribute to the accident, and so on. Sean Buckley is experienced in defending clients against accusations of Intoxication Manslaughter, and handles Intoxication Manslaughter cases involving cars, motorcycles, boats, and planes.

Debit / Credit Card Abuse

Misunderstandings, mistakes, and bad judgments can lead to charges of Debit or Credit Card Abuse. Sean Buckley has years of experience clearing up the misunderstandings that lead to false charges of Debit or Credit Card Abuse, and helping other clients overcome the mistakes and bad judgments that cause these charges to be filed in different circumstances. Usually these cases are filed in State Court, but in some instances involving large “loss amounts” or a large volume of account numbers used, then the case may be filed in Federal Court. For a review of the Federal law, the legal elements of Federal crimes relating to Debit / Credit Card Abuse are outlined and discussed in the book O’Connor’s Federal Criminal Rules and Codes (Annual, 2010-present), co-authored by Sean Buckley.

Murder

Murder is an extremely serious crime in Texas, and a conviction can result in a lengthy prison sentence of up to Life in prison. Sean Buckley is one of the few Houston criminal defense attorneys with extensive experience defending private clients charged with Murder. He has successfully tried Murder cases to “Not Guilty” verdicts and obtained pre-trial dismissals in others.

Capital Murder

Capital Murder is the most serious criminal charge in Texas, since a conviction for Capital Murder carries the potential of a death sentence or life in prison without the possibility of parole. Sean Buckley accepts Capital Murder cases on a case-by-case basis. Due to the complexity and severity of these cases, it is Sean Buckley’s policy to require an advance commitment for funding so that co-counsel and expert witnesses can be retained without hesitation if the case proceeds to trial.


MONEY LAUNDERING

In everyday language, “Money Laundering” is the crime of using money that was gained from illegal activities. The various possible ways to commit Money Laundering are too numerous to list. Some examples might include using profits from a drug transaction to purchase a vehicle, investing the proceeds of a fraud scheme in real estate, or simply depositing stolen cash in a bank account. Often, the crime of Money Laundering is charged in connection with the crime of Conspiracy together with a so-called “substantive” crime, such as a Drug Possession or Medicare Fraud. Again, these are just examples and the various combinations can become quite complex. Sean Buckley has extensive experience defending complex Money Laundering accusations in State and Federal Court, including successfully representing a former Union Treasurer in the high-profile Houston Police Officers Union (HPOU) embezzlement case. For a review of the Federal law of Money Laundering, the legal elements of Federal Money Laundering are outlined and discussed in the book O’Connor’s Federal Criminal Rules & Codes (Annual, 2010-present), co-authored by Sean Buckley.


PROPERTY & ASSET SEIZURES

Police and government officials seize assets and property from people all the time. It can happen at the airport or shipyard, on the highway, or even at home. Many times when this happens, people become fearful they might get in some kind of trouble if they try to get their property back. Any time the police or government takes a person’s property without permission, that person should consult a lawyer. Sean Buckley has years of experience obtaining the return of property and money seized by the police or government. For those clients concerned about criminal issues connected with a property seizure, Sean Buckley’s expertise in criminal law allows him to provide sound advice about whether and how to pursue return of property, money, and other assets without creating bigger problems for the client. For reference, the laws used in Federal Court to seize and forfeit assets are outlined and discussed in the book O’Connor’s Federal Criminal Rules & Codes (Annual, 2010-present), co-authored by Sean Buckley.


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