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Posted on in Criminal Defense

Fort Worth criminal defense attorney child endangerment

The public’s opinion of drugs and alcohol has changed dramatically throughout our nation’s history. Alcohol was common in many American homes until the 18th Amendment banned the consumption of liquor, beer, and wine in 1919. Then, the 21st Amendment repealed the ban on the manufacture and consumption of alcohol. Today, marijuana is a subject of great controversy across the United States. Some consider it a dangerous “gateway drug” while others believe that the substance offers significant medicinal benefits. Although the laws surrounding drugs and alcohol are constantly changing, one certainty has remained consistent: Drugs and alcohol should not be consumed by children. Allowing a child to consume drugs or alcohol or consuming an illicit substance in the presence of a child can result in child endangerment charges.

Criminal Charges Can Result from Exposing a Child to Danger

Children are unable to adequately provide for their own safety. Consequently, they are dependent on adults to protect them from harm. When an adult fails to protect a child or allows a child to be in a dangerous situation, he or she may be charged with the criminal offense of child endangerment. One Texas woman was recently arrested and charged with child endangerment after a video surfaced of the woman allowing her 3-year-old brother to smoke marijuana. The video, which was shared on Facebook and quickly shared with Texas police, shows the boy’s 18-year-old sister and another individual actively encouraging the toddler to inhale. Child Protective Services is currently investigating the situation. It is unknown if further criminal charges will be brought against the young boy’s parents. If the sister is convicted of child endangerment, she faces up to two years of imprisonment in a Texas state jail facility.

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Posted on in Criminal Defense

Collin County criminal defense attorney child abuse

Breakups and divorce can sometimes lead people to make choices they would never make otherwise. Some individuals even fabricate stories of child abuse or neglect in order to “get back” at their former partner. Unfortunately, even if an accusation of child abuse is completely unfounded, the allegation can have dramatic effects on the wrongfully accused. He or she may be investigated by the Texas Department of Family and Protective Services or even arrested and charged with a criminal offense. If you or a loved one has been accused of causing injury to a child, it is crucial that you take swift action to protect your rights.

Responding to Allegations of Child Abuse

Understandably, being accused of a crime you did not commit can be infuriating. However, it is important to remain calm and avoid taking actions that could be used against you in any criminal proceedings. Do not confront your accuser in any way. If you have been served with a protective order or restraining order, comply with the provisions contained in the order. You may be required to surrender your firearms and/or concealed carry permit, stay away from the alleged victim’s school, or even temporarily move out of your own home. Even if the grounds for the protective order are fraudulent, you should comply with these requirements. By doing so, you show the court that you are a law-abiding citizen. Even more importantly, violating the terms of the protective order can result in additional criminal charges which will make your situation even worse.
Injury to a child is a felony offense in Texas. If you are accused of causing bodily injury or mental impairment to your child or any other child through reckless actions or inaction, you could face up to two years in prison and a maximum fine of $10,000. If the alleged injury was intentional, the maximum punishment for causing injury to a child is 10 years in prison and $10,000 in fines. If a serious bodily injury or mental impairment was allegedly caused, the crime is a first-degree felony, which is punishable by life in prison. As you can see, the punishments for harming a child in Texas are severe. This is why it is critical for you to obtain legal support from an experienced lawyer as soon as possible. Do not respond to police questioning without your lawyer present. You could say or do something incriminating that is later used against you.

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Posted on in Criminal Defense

Fort Worth criminal defense attorney sexual assault

Because children’s brains are not fully developed and they have not had the same life experiences as adults, it is assumed that children cannot consent to sexual activities. In the eyes of the law, this makes any sexual conduct between a child and an adult non-consensual and therefore unlawful. However, the “age of consent” or age at which a person is considered to be capable of agreeing to sex, varies from state to state. This can make it difficult to know when a sexual relationship is in violation of the law. If you have been charged with sexual assault of a child or accused of statutory rape, you could be facing life-altering criminal consequences. That is why it is important to contact a qualified criminal defense lawyer as soon as possible.

Texas Law Regarding Statutory Rape

The age of consent is 17 in Texas. This means that it is unlawful for an adult to participate in sexual activities with someone who is 16 years old or younger. Texas law does not use the term “rape” for nonconsensual sex but instead refers to the act as sexual assault. Many people do not realize that they can be charged with sexual assault of a child even if the underage person agreed to the sexual activity. Sexual activity does not need to be forced or involve drugs such as Rohypnol in order to be a criminal offense. Sexual assault of a child is a second-degree felony in Texas. If convicted, you could be imprisoned for 2-20 years and fined up to $10,000. If you are accused of participating in non-penetrative sexual activities with a person under 17, you could be charged with indecency with a child. This is also a second-degree felony punishable by up to 20 years in prison and up to $10,000 in fines. You will also be required to register as a sex offender.

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Posted on in Criminal Defense

Collin County criminal defense attorney money laundering

Money laundering is a term used to describe the act of hiding funds that are obtained through criminal activities. It is a criminal offense that is prosecuted by the state and federal government and punishable by steep fines and significant prison sentences. If you or a loved one has been charged with a criminal offense related to money laundering, contact an experienced federal criminal defense attorney right away. Do not speak to the police without your attorney present. Take advantage of your Constitutional right to avoid self-incrimination by remaining silent and asking for your lawyer right away.

U.S. Federal Money Laundering Laws

The term “money laundering” refers to the process of making illegally obtained or “dirty” money appear legitimate or “clean.” If you concealed or attempted to conceal profits from a crime, you may be charged with offenses related to the crime as well as the offense of money laundering. For example, if you received money from selling illicit drugs and then funneled those profits into your small business, you may face charges for drug distribution as well as money laundering. Money laundering typically involves three main steps. First, the cash obtained from the unlawful sources is disguised as money from a legitimate business or another lawful source. Next, the origin of the funds is obscured so that it is difficult for law enforcement to determine the original source. Lastly, the laundered funds are reintroduced or integrated into the economy -- often through financial institutions.

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Posted on in Criminal Defense

Fort Worth criminal defense attorney child endangerment

The state of Texas has a number of different laws that are designed to protect children from harm. Violating these laws can result in significant consequences including punitive action and irreparable damage to the offender’s personal reputation. Child endangerment falls under the offense of “abandoning or endangering a child.” Depending on the circumstances of the alleged offense, a person convicted of child endangerment may face six months in jail to 20 years in prison. It is sometimes difficult to know exactly what actions constitute child endangerment. Some adults end up facing criminal charges and were not even aware that their behavior was illegal.

Endangering a Child

An adult can face charges for abandoning or endangering a child if he or she leaves a child somewhere without adequate supervision and care or in circumstances that expose the child to danger. Texas courts use the “reasonable person standard” when determining whether or not a parent’s actions constitute child abandonment or endangerment. This means that the defendant’s actions are compared to what the average adult would have done in similar circumstances with a child of similar age and ability. For example, most adults would not leave a toddler home alone without supervision for fear that the child would hurt himself or herself. Therefore, this action would likely be considered child abandonment.

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