Posted on July 15, 2021 in Criminal Defense

In the 21st century, most people use computers, electronic devices, and the internet on a daily basis for multiple types of personal and professional purposes. There are many ways someone’s personal or financial information may be exposed to others online, and the illegal access or misuse of this information could potentially lead to fraud charges. There are multiple offenses that are considered internet crimes, and those who have been accused of this type of activity will need to understand when an offense could lead to federal criminal charges, which may result in more serious penalties.

Federal Computer Fraud Offenses

Fraud may be charged as a state-level offense based on the laws in the state where the alleged offender or the person who was the alleged victim of fraud lived. However, federal charges for computer or internet crimes may apply if a person is accused of violating federal laws or if an alleged offense affected people in multiple states or countries or involved interstate or international commerce. Some cybercrimes that could potentially lead to federal fraud charges include:

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 Posted on July 08, 2021 in Criminal Defense

There are many different types of situations where a person may be charged with crimes against children, and these cases can not only lead to serious criminal penalties, but they can also affect a parent’s custody of their children. Kidnapping is one offense that is not always fully understood by the general public. Rather than “stranger danger” situations in which a person snatches a child off the street, many of these cases involve a child’s parent or another relative holding or transporting a child without authorization. People who are involved in these types of situations will want to understand how the laws define kidnapping and unlawful restraint of children and the potential penalties they could face for these offenses.

Kidnapping and Unlawful Restraint in Texas

The offense of kidnapping involves the intentional abduction of a person in which they are kept or hidden in a place where they are unlikely to be found by others or when the offender uses or threatens to use deadly force. This offense is a third-degree felony. A person who is convicted kidnapping may be imprisoned for 2 to 10 years and fined up to $10,000. However, a person who is accused of kidnapping a child may defend against these charges by demonstrating that they did not intend to use deadly force, that they are a relative of the child who was allegedly abducted (such as a parent, grandparent, aunt, uncle, or sibling, including those who are related to a child through marriage or adoption), and that their actions were meant to allow them to maintain “lawful control” of the child.

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 Posted on June 25, 2021 in Criminal Defense

The state of Texas is known as one of the most gun-friendly parts of the United States. The state’s lawmakers have emphatically stated their support for citizens’ Second Amendment rights. Even though many people have called for increased gun control to prevent firearm deaths, including those in mass shootings such as the incidents that took place in El Paso and Midland in 2019, Texas has taken steps to allow more people to own and carry firearms. While the passage of a new law has lifted some restrictions, Texans should be sure to understand their rights so they can avoid potential weapons charges.

“Constitutional Carry” of Firearms

On June 16, 2021, Texas Governor Greg Abbott signed a new bill into law that will allow people in the state to purchase and own handguns without the need to obtain a license, and these weapons may be carried without the requirement to obtain a permit. This law eliminates the previous requirements that applied to gun owners, including submitting fingerprints, completing four to six hours of training, passing a written test, and demonstrating proficiency with shooting firearms. The new law goes into effect on September 1, 2021.

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 Posted on June 18, 2021 in Criminal Defense

Originally published: May 4, 2017 -- Updated: June 18, 2021

UPDATE: Over the past several years, more attention has been paid to police raids, especially in cases involving “no-knock” warrants that allow police officers to enter a home without providing a warning to the people inside. The case of Breonna Taylor, a woman in Louisville, Kentucky who was shot and killed by police officers during this type of raid, has led many to call for a ban on these types of warrants. Activists have noted many other similar incidents in which both suspects and police officers have been injured or killed during no-knock raids.

The Texas legislature is currently considering a law that would place some restrictions on no-knock warrants. “Breonna’s Law,” which was recently introduced in the Texas House of Representatives, would limit no-knock warrants to cases involving violent offenders and situations where warning a building’s inhabitants before entering would either endanger someone’s life or lead to the destruction of evidence. It would also require police officers to wear recognizable uniforms, clearly identify themselves, and use body cameras, and the hours when no-knock raids can be conducted would be limited to between 6:00 am and 10:00 pm.

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 Posted on June 11, 2021 in Federal Crimes

The laws surrounding marijuana in the United States have been in flux over the past decade. Multiple states have made marijuana legal for both medical and recreational use. Others have decriminalized possession of small amounts of the drug, meaning that people will usually face civil infractions rather than criminal penalties. However, marijuana is still considered a Schedule I controlled substance by the federal government, and there are some situations where a person may be charged with federal crimes if they are accused of possessing, distributing, selling, or transporting this drug.

Federal Charges Related to Marijuana

Technically, possession of marijuana is a federal offense. “Simple” possession involves a person knowingly and intentionally carrying a drug on their person, transporting it in their vehicle, or storing it in their place of residence unless they have a valid prescription for the substance from a medical provider. A conviction for simple possession can result in a sentence of up to one year in a federal prison, as well as a minimum fine of $1,000.

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 Posted on June 04, 2021 in Criminal Defense

Even though is it commonly known as the “world’s oldest profession,” prostitution is a crime in most of the United States, including the state of Texas. Those who sell sex for money and those who pay others for sexual intercourse or other sexual activities can face criminal charges. While prostitution and solicitation are usually charged as misdemeanors, charges related to prostitution become much more serious if minors are involved. As with other types of crimes against children, prosecutors are likely to “throw the book” at those who have allegedly forced or encouraged minors to engage in prostitution. Defendants who have been charged with these types of crimes will need to secure representation from an attorney who can help them understand how the laws apply to their case and how they can build an effective defense strategy.

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 Posted on May 27, 2021 in Federal Crimes

Some types of criminal charges involve offenses committed directly by one person against someone else, such as assault or robbery. Other offenses are considered to be “white collar crimes,” and they often involve fraud or financial manipulation. Money laundering is one such offense, and it involves the attempt to conceal the source of money that was earned or obtained illegally.

While money laundering may be charged as a state-level offense, it will often be prosecuted as a federal crime. Those who may potentially face these types of charges will want to understand when prosecutors may pursue federal charges and the potential penalties that may apply if they are convicted.

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 Posted on May 20, 2021 in Federal Crimes

Criminal offenses related to child pornography are treated very seriously by law enforcement officials. In many cases, prosecutors will pursue the most serious charges possible, and in the name of protecting children, they may seek the maximum prison sentences, or they may even ask for additional prison time or other consequences based on the seriousness of the crime. Anyone who has been accused of creating, distributing, or possessing child pornography will need a strong criminal defense attorney on their side to protect their rights and help them defend against criminal charges that could affect their freedom, as well as attacks in the court of public opinion that could affect their reputation.

State and Federal Child Pornography Charges

If a person faces child pornography charges at the state level, the penalties will depend on the specific nature of the crimes and whether a person has previously been convicted. In Texas, possession of child pornography or accessing sexually explicit images or videos of children with the intent to view them on a device such as a computer or cell phone is a third-degree felony for a first offense, and a person may be sentenced to two to 10 years in prison. Distributing child pornography, including publishing, selling, transmitting, or advertising sexually explicit content depicting children, is a second-degree felony for a first offense, and a person may be sentenced to two to 20 years in prison. Creating child pornography through the sexual performance of a child is a second-degree felony, but if the child was under the age of 14, it is a first-degree felony in which a person may be sentenced to five to 99 years in prison.

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 Posted on May 14, 2021 in Criminal Defense

Criminal offenses involving controlled substances are taken very seriously by law enforcement officials and prosecutors. Different types of drug crimes may be charged depending on the types and amounts of drugs in a particular case, and the most serious offenses often involve drug trafficking. Those who have been arrested for drug-related offenses will want to understand when they may face these types of serious charges. By working with an experienced criminal defense attorney, they can determine their best options for defending against these charges.

Drug Trafficking Charges

A person may be charged with drug trafficking if they are accused of the following types of offenses:

• Drug manufacturing or delivery - The act of transferring controlled substances to someone else is referred to as “drug delivery,” and it may include selling drugs or offering them for sale. Drug trafficking charges may also apply if a person was involved in producing, preparing, processing, or packaging controlled substances.

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 Posted on May 07, 2021 in Criminal Defense

Typically, a person may be charged with a violent crime if they intentionally caused bodily injury or harm to someone else. These cases often involve accusations of assault and battery, robbery, or domestic violence. The most serious types of violent crime charges involve homicide, in which a person is accused of intentionally killing someone else. However, a person may also face criminal charges of manslaughter if they killed someone accidentally or because of recklessness or negligence. This includes situations in which a person was involved in a car accident that led to someone’s death. Those who have been accused of vehicular manslaughter will need to work with a criminal defense attorney to determine how to defend against these charges.

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