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Tarrant County criminal charges defense attorney

“You have the right to remain silent. Whatever you say can potentially be used against you in a court of law.” You have probably heard this phrase, called the Miranda warning, many times before, either in real life or on television and in movies. However, have you ever really thought about the importance of your right to remain silent? Invoking your Constitutional right to stay silent can sometimes be the difference between an acquittal and a criminal conviction. It is imperative for everyone to understand what their rights are with regard to self-incrimination.

Miranda v. Arizona Requires Police to Inform You of Certain Rights

The Fifth Amendment to the United States Constitution established several crucial rights, including the right of citizens to avoid incriminating themselves. The Constitution states that no person “shall be compelled in any criminal case to be a witness against himself.” This right was further defined by the 1966 Supreme Court case Miranda v. Arizona. The Supreme Court held that a criminal defendant cannot be interrogated by police until he or she has been made aware of his or her right to say nothing. The landmark case also established that law enforcement officers must make criminal defendants aware of their right to consult with an attorney and the right to have an attorney present during any police questioning. Under the “exclusionary rule,” if a defendant does not receive the Miranda warning, any statements he or she makes could be inadmissible in court.

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Fort Worth solicitation of a child defense attorney

The Internet has revolutionized the way that we communicate with each other. However, there are several ways that online discussions or digital communication can be a criminal offense. An individual can be charged with online solicitation of a minor if he or she uses the Internet to send sexually explicit messages or media to a child under 17 years old or to a person who the actor believes to be under 17 years old. A conviction for online solicitation has the potential to impact the rest of your life. If you or someone you know has been charged with solicitation of a child or any crime against children, you need to speak with a criminal defense attorney right away.

What Constitutes Solicitation of a Child in Texas?

According to the Texas Penal Code, a person over the age of 17 commits online solicitation of a child if he or she communicates with a child under 17 years old via email, the Internet, or text messages with the intention of committing one of the following crimes: trafficking of persons, indecency with a child, continuous sexual abuse of a child, sexual assault, prohibited sexual conduct, compelling prostitution, aggravated promotion of prostitution, possession or promotion of child pornography, or sexual performance by a child. An adult can also be charged with online solicitation of a child if he or she uses email, text messages, or a commercial service to intentionally solicit a minor to meet another individual, including himself or herself, for the purposes of sexual contact.

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Tarrant County child trafficking defense attorney

Human trafficking is the term used to describe the process through which individuals are transported for the purposes of forced labor and other exploitation. Children are often the victims of trafficking in Texas and throughout the United States. Nearly a quarter of the approximately 300,000 American children forced into sex trafficking every year live in Texas. Children involved in child trafficking may be tricked or forced into working in sweatshops, restaurants, brothels, escort operations, or worse. In some cases, children are forced into acting as child soldiers or domestic servants in other countries. Texas law carries stiff penalties for all human trafficking activities, but there are especially harsh criminal consequences for child trafficking. If you are charged with child trafficking in Texas, you could face years or even life in prison.

Defining Child Trafficking According to Texas Law

Texas statutes state that an individual commits trafficking of persons if he or she knowingly:

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Plano, Texas federal drug crimes defense attorney

While many drug charges are handled at the state level, certain drug offenses are investigated and prosecuted at the federal level. Federal drug charges carry significantly harsher penalties than state charges. An individual who is charged with federal drug trafficking can face years or even decades of incarceration. If an individual is being investigated by the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), or another federal government agency for a drug-related offense, it is imperative that he or she contact a qualified criminal defense lawyer as soon as possible.

Drug Offenses Prosecuted in Federal Court

If a federal agency like the DEA or FBI becomes involved in a possible drug crime, it is likely that any resulting charges will be prosecuted in federal court. Federal drug charges are often the result of cases that involve a considerable amount of drugs or the transportation of drugs across state lines. You could be charged with federal drug trafficking for possessing:

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Collin County crimes against children defense attorney

There is a significant amount of controversy surrounding corporal punishment in the United States. Some parents feel that spanking their children is an effective form of discipline, while others avoid any form of physical punishment. Data shows that the percentage of parents using corporal punishment is slowly declining. According to a study published in the Journal of Child and Family Studies, approximately 37 percent of children under 18 were spanked by a parent or guardian in 2014. It is important for any parent choosing to employ corporal punishment to understand when spanking or other physical punishments may break the law and be considered crimes against children.

Understanding Texas Law Regarding Bodily Injury to a Child

It can be hard to know exactly when the physical punishment of a child crosses the line into abuse. According to Texas law, hitting a child could constitute “assault bodily injury family violence” or “injury to a child” depending on the circumstances. The Texas Penal Code states that an individual commits injury to a child if he or she intentionally or recklessly causes bodily or mental injury to a child under 15 years of age. Assault with a bodily injury of a family member occurs when a person knowingly, intentionally, or recklessly causes pain, injury, illness, or impairment to a family member. Striking a child does fit these definitions; however, it is very unlikely that a parent or guardian would be convicted of these crimes for spanking alone.

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Dallas child exploitation defense attorney

Texas law prohibits certain activities from being committed against people who do not have the capacity to protect themselves or adequately look out for their own best interests. These individuals can include the elderly, disabled, and those under a certain age. The crime “Exploitation of Child, Elderly Individual, or Disabled Individual” is a serious offense under Texas law. If you are convicted of child exploitation, you may face years of incarceration and have your personal and professional reputation destroyed. It is crucial for anyone facing criminal charges related to child exploitation to speak with a criminal defense attorney experienced in defending against these types of serious allegations.

Defining Exploitation With Regard to Texas Law

Section 32 of the Texas Penal Code describes Exploitation of Child, Elderly Individual, or Disabled Individual and the criminal penalties associated with a conviction. An individual commits this crime if he or she knowingly or recklessly causes the exploitation of a disabled person, elderly individual, or child under age 14. Exploitation can include any activity which involves the improper or illegal use of a child, elderly person, or disabled person for personal or financial gain. Child exploitation can include coercing a child into sexual activities, forcing them to perform cheap labor, involving a child in drug running or sex trafficking, and more.  

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Plano injury to a child defense attorney

Crimes against children involve more negative stigma than perhaps any other criminal offense. If a person is convicted of a crime related to child abuse or sexual contact with a child, he or she could face years or even decades of personal and criminal consequences. The criminal offense “Injury to a Child” includes a wide range of actions against children or other vulnerable individuals. Section 22.04 of the Texas Penal Code describes the crime of Injury to a Child. If you are convicted of violating this statute, you could face heavy fines, years of incarceration, and significant damage to your reputation.

Understanding Texas Law Regarding Injury to a Child, Elderly Individual, or Disabled Individual

Texas law includes many different offenses under the umbrella of “Injury to a Child, Elderly Individual, or Disabled Individual.” You can be convicted of this offense if you knowingly, intentionally, recklessly, or by omission cause injury to a child, disabled person, or elderly person. “Injury” can include bodily injury as well as mental injury, deficiency, or impairment. You can also be charged with this crime if you owe a duty of care to the person in question, and your failure to act causes him or her to suffer an injury.

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Dallas white collar crimes defense lawyer

The federal government has jurisdiction over certain types of “white collar crimes,” such as fraud, embezzlement, forgery, and more. Criminal penalties for federal offenses are often much more severe than punishments for state charges. If you are convicted of a federal crime, you could face incarceration in federal prison and substantial fines. If you are being investigated by a federal agency, it is critically important to contact an experienced criminal defense attorney to protect your rights.

What Constitutes Fraud Under Federal Law?

The United States Code Title 18 defines federal fraud as knowingly committing one of the following actions:

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Dallas child abuse defense attorney

Criminal offenses against children, such as possession of child pornography, sexual assault against a child, and child abuse, carry more stigma than almost any other crime. When an individual is accused of a crime such as these, he or she may lose friends, family members, his or her career, and more. This is why false allegations of child sexual abuse are such an alarming issue. A woman in Arkansas is now facing her own criminal charges after fabricating a story about her husband’s alleged crimes against children.

Woman Says She Found Explicit Images of Children on Her Husband’s Phone

In 2018, a 34-year-old Arkansas woman went to police to make a report of her husband’s alleged sexual assault and domestic violence. She claimed that she had caught her husband sexually assaulting a 13-year-old girl and that her husband attacked her when she interrupted the alleged crime. She showed investigators a bruise from the supposed attack as well as pictures on her husband’s phone depicting child pornography. However, when investigators looked further into the woman’s allegations, they discovered that the truth was wildly different than what the woman had claimed.

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Fort Worth child crimes defense attorney

Fall is just around the corner, but the hot weather in Texas has not relented. Many news outlets have run stories about the dangers of leaving children in cars during hot weather. Even when the outside temperature is only in the 70s or 80s, the temperature inside a car can climb much higher. Children left in hot vehicles can quickly become overheated and even die due to the extreme temperatures. According to the nonprofit group Kids and Cars, over 600 children have passed away in hot cars in the United States since 1990. You probably know that leaving a child unattended in a vehicle is dangerous, but you may wonder if it is considered a crime. In certain circumstances, leaving a child in a vehicle unattended constitutes a criminal charge in Texas.

Texas Penal Code Regarding Children Left in Cars

According to Texas law, there are certain situations in which it is against the law to leave a child unsupervised in a vehicle. The Texas Penal Code states that is a Class C misdemeanor criminal offense to knowingly leave a child in a motor vehicle if the child is all of the following: 

  • Under the age of 7

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