Posted on March 07, 2024 in Criminal Defense

It is important to understand your rights when interacting with law enforcement in any criminal law matter, particularly during a police search. Knowing your rights can help you confidently navigate these situations and protect your interests. A Texas lawyer can assist you in understanding the aspects of police searches and what you should do if you find yourself in such a situation.

The Fourth Amendment and Probable Cause

The Fourth Amendment to the U.S. Constitution guards people from unfair police searches and seizures. Generally, officers need a solid reason or a court-approved warrant to search someone’s property. Probable cause exists when an officer has a reasonable belief, based on facts and circumstances, that a crime has been committed or that evidence of a crime will be found in a specific location.

When Police Can Search Without a Warrant

There are some exceptions to the warrant requirement. Police can conduct a search without a warrant under the following circumstances:

Continue Reading ››

 Posted on February 28, 2024 in Criminal Defense

If you have been accused of a federal computer or data crime, it is important to take action immediately to protect yourself. As a Texas resident, you have certain rights and options under state cybercrime laws, even when facing federal charges. A Texas lawyer can help you with the steps to take if you are in this situation.

Avoid Further Computer Use Related to the Charges

Once you learn you are under investigation or formally face cybercrime accusations, you must immediately stop all computer activities that may relate to the charges. Do not access any computers, devices, networks, servers, or data that could further implicate you.

Tampering with evidence or obstructing the investigation can lead to additional felony counts against you. Do not take any chances and completely avoid all relevant computer systems until your lawyer gives the all-clear.

Continue Reading ››

 Posted on February 23, 2024 in Criminal Defense

Plea bargaining plays a crucial role in our criminal justice system. It’s the key that may lead to a quicker resolution for most criminal cases, replacing lengthy trials with negotiations. Both defendants and prosecutors find plea bargaining appealing. It sidesteps the unpredictability of trials and paves the way for a potentially more efficient case settlement. A Texas lawyer can help through the process.

Why Defendants Seek Plea Deals

Defendants often see plea bargains as their best chance at a fair outcome. If convicted at trial, the potential punishments they face are usually much harsher than the sentences prosecutors offer in a plea deal. By pleading guilty, defendants give up certain rights, like the right to trial and appeal. But they gain certainty and often significantly reduce their exposure to punishment. For instance, common incentives prosecutors provide in exchange for a guilty plea include:

Continue Reading ››

 Posted on February 19, 2024 in Criminal Defense

When businesses or individuals face accusations of bank fraud, the legal stakes are high. Federal prosecutors aggressively pursue financial crimes under statutes carrying potentially lengthy prison sentences. If you find yourself being investigated for bank fraud, understanding the common charges can help prepare an informed defense. A Texas criminal defense attorney is someone who you can benefit from having on your side.

Check Kiting Schemes

The practice of check kiting relies on exploiting the float time between deposits across different banks. By rapidly shifting funds between accounts, perpetrators falsely inflate balances and withdraw cash before checks bounce.

If federal investigators believe you utilized this technique, you may face indictments for bank fraud itself, money laundering, theft, or false statements. An experienced legal team can carefully examine the supposed paper trail for procedural flaws or investigative missteps. For example, they may find that certain deposits were delayed by processing errors rather than intentional deception.

Continue Reading ››

 Posted on February 14, 2024 in Criminal Defense

Facing criminal charges related to Medicaid fraud can be an incredibly frightening and confusing ordeal. For those confronted with Medicaid fraud allegations or charges, arming yourself with key knowledge on common offenses, penalties, defense strategies, and possible negotiating outcomes with prosecutors can help you navigate this legal storm. Having a Texas criminal defense lawyer on your side is beneficial with your reputation on the line.

What Are the Most Frequent Medicaid Fraud Offenses Alleged?

While improper billing practices like charging for services never performed represents classic Medicaid fraud, other common allegations include upcoding services to receive higher reimbursements, billing separately for care bundles in an unallowed practice called unbundling, billing for unnecessary tests and procedures, referring patients to medical companies you own for self-serving financial gain, or using a patient or colleague’s Medicaid ID number without authorization to submit false claims. Even inadvertent billing errors can prompt fraud accusations and charges.

Continue Reading ››

 Posted on January 31, 2024 in Criminal Defense

When you are charged with wire fraud or involvement in a texting scam, the first step is to understand precisely what you have been accused of. Wire fraud uses electronic communications to obtain money or property under false pretenses. On the other hand, text message scams typically involve sending texts pretending to be a legitimate company to obtain sensitive information. Review the specific allegations and charges with your Illinois criminal defense attorney.

Gathering Evidence and Building Your Case

The next vital step when facing charges is gathering evidence and documentation that could help prove your innocence or at least cast doubt on the prosecution’s claims. For example, if you are accused of a texting scam, providing phone records showing you did not send questionable messages can undermine the case against you. Or, with a wire fraud allegation, you may be able to demonstrate bank accounts proving you did not unlawfully obtain any of the purported victim’s money. Determine what evidence you can access and work with your lawyer to get anything relevant. The more evidence in your favor, the better.

Continue Reading ››

 Posted on January 24, 2024 in Criminal Defense

Simply possessing illegal drugs does not automatically mean someone will be charged with intent to sell or distribute. However, prosecutors can use various types of circumstantial evidence to build a case that a defendant intended to sell or deliver drugs in their possession. If you get charged with intent to sell, a Texas criminal defense attorney may help.

Amount of Drugs

One of the first things prosecutors look at is the quantity of drugs recovered. Possession of a small, user-appropriate amount likely indicates personal use. But possession of large quantities—like multiple pounds of marijuana or hundreds of pills—shows an intent to distribute. There is no definitive threshold, but prosecutors know that dealers often possess more drugs than any one person could use before they expire.

Packaging Materials

The presence of packaging materials like plastic baggies, vials, scales, and extra empty capsules implies intent to distribute. Defendants often claim these as coincidences, but the argument weakens with large quantities of clean, unused materials ready for packaging drugs.

Continue Reading ››

 Posted on January 17, 2024 in Criminal Defense

Identity theft is when you use someone else’s personal information without their consent to commit fraud or other crimes. Aggravated identity theft takes this a step further by using someone’s identity while committing serious offenses. These crimes carry harsh penalties on top of any punishment for the underlying offense. Those accused of aggravated ID theft in Texas face multiple charges and should seek legal counsel immediately. If you are facing a charge like this, a Texas criminal defense lawyer can help.

Using Identities to Commit Terrorism or National Security Crimes

One of the most severe forms of aggravated identity theft involves using someone else’s name or documents like social security numbers while engaging in acts of terrorism or crimes threatening national security. For example, someone may use a stolen identity to gain access to restricted areas, information, or materials that can be used for attacks or espionage. The terrorism enhancement under federal sentencing guidelines brings a minimum two-year prison sentence for aggravated ID theft convictions.

Continue Reading ››

 Posted on January 04, 2024 in Criminal Defense

Being arrested for an alleged carjacking can be scary and overwhelming. However, there are important steps to take immediately if you face criminal charges like robbery or theft of a motor vehicle in Texas. Working quickly with a Texas criminal defense attorney to respond to accusations and build an effective legal defense for your case is crucial.

Get Legal Help Immediately

If questioned by police about an alleged carjacking, politely decline to answer questions or make any statements until you have legal representation. Anything you say can be used against you, so it is best to exercise your right to remain silent. Once charged with a crime, get in touch with a criminal defense attorney as soon as possible. An experienced lawyer understands the complex carjacking laws and defense strategies that apply to your case. They can advise you on the following steps to protect your rights.

Continue Reading ››

 Posted on December 29, 2023 in Criminal Defense

Discovering you face criminal charges for allegedly planning or preparing to manufacture illegal drugs sparks justified panic. Being accused of a felony offense with hefty penalties leads to urgent, strategic legal guidance. A Texas criminal defense lawyer is someone you want in your corner when you face a drug charge.

Say Nothing Without Your Lawyer

When questioned after arrest, politely decline to answer queries or make statements until your criminal defense lawyer is present. Be cooperative but firm, invoking the right to remain silent. Anything you say can and will be used against you. Let your attorney speak for you once appointed. Sign nothing without their review.

Understand the Charges

Charges like possession of drug paraphernalia, prohibited chemicals and equipment, or other circumstantial evidence suggest early-stage planning and preparation. However, Texas statute also includes the separate charge of “Intent to Manufacture” controlled substances like methamphetamine, which alleges clear intent to produce drugs based on credible evidence seized. Know precisely what you are accused of.

Continue Reading ››