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What Are the Penalties for Online Solicitation of a Minor in Texas?

Posted on in Criminal Defense

Plano, Texas criminal defense attorney online solicitation of a minor

When it comes to criminal offenses, few are judged as harshly as crimes against children. Being accused of a crime against a child–especially a sex crime against a child–can have life-altering consequences. Many crimes against children do not require the alleged offender to actually make physical contact with the child. Depending on what was said, a conversation alone may be enough to bring about criminal charges. Communicating online with a person under age 17 about sexual conduct can lead to felony charges for online solicitation of a minor and potentially years behind bars. If you or someone you know has been charged with online solicitation of a minor, speak with a skilled criminal defense lawyer right away to learn about your defense options.

Defining Online Solicitation of a Child

According to the Texas Penal Code, an adult commits solicitation of a child if he or she intentionally uses email, text messaging, or any other electronic device or service to do either of the following:

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Can I Face Federal Charges for Transporting Cannabis Across State Lines?

Posted on in Federal Crimes

Fort Worth federal drug charges defense attorney

It seems as if drug laws in the United States are constantly changing. In 1970, the federal Controlled Substances Act classified cannabis as a Schedule 1 drug and prohibited the use of the substance for both medical and recreational purposes. In 1996, California became the first state to allow the use of cannabis to treat medical conditions. Today, marijuana may legally be used for medical purposes in the majority of the United States, and it is has been legalized for recreational use in 11 states. However, it is important to remember that a number of state and federal laws still regulate the purchase, use, cultivation, and transportation of cannabis. In some cases, a person may even face federal drug trafficking charges for moving cannabis across state lines.

Federal Laws Regulating the Transport of Marijuana

One of the most confusing aspects of cannabis laws in the United States is that although the substance is legal in many states, it still remains illegal at the federal level. According to the federal government, marijuana is still considered a Schedule 1 drug with “no currently accepted medical use and a high potential for abuse.” Interstate transportation of marijuana or cannabis-related products is a federal crime as well as a state crime. Even if you purchase marijuana in a state in which it is legal, it is a crime to transport the drug into another state.

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How Is Prostitution Defined and Charged in Texas?

Posted on in Criminal Defense

Dallas prostitution defense attorney

Exchanging money or property for sexual contact is against the law in the majority of the United States, including Texas. Being charged with a prostitution-related crime can result in serious criminal consequences as well as devastating damage to the accused person’s career and reputation. This is especially true if the alleged crime involved a person younger than 18 years old. Read on to learn about prostitution-related crimes in Texas and what you should do if you or your loved one has been accused of this serious criminal offense.

Prostitution According to Texas Law

According to the Texas Penal Code, a person can be charged with prostitution if he or she:

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What Are My Rights If I Have Been Accused of a Crime Against a Child?

Posted on in Criminal Defense

Dallas sex crimes defense attorney

Crimes against children, such as possession of child pornography, sexual assault of a child, injury to a child, solicitation of a minor, and child trafficking, are some of the most harshly punished criminal offenses in Texas and across the country. Although many criminal charges involving alleged child-related crimes do not result in convictions, some people assume that just because a person was charged, he or she actually committed the offense. However, it is essential that individuals charged with crimes against children remember that they have the same rights as any other criminal defendant. In many cases, understanding and implementing these rights can make the difference between a conviction and an acquittal.

You Have the Right to Remain Silent 

Most people have probably heard the phrase “you have the right to remain silent” numerous times, but many do not understand the true significance of this right. The Fifth Amendment to the United States Constitution gives citizens the right to avoid “self-incrimination.” The term self-incrimination refers to a person being forced to testify against himself or herself. This means that you have the right to decline police questioning and remain silent until you have a chance to speak to a lawyer. Law enforcement personnel are specially trained in tactics that provoke criminal defendants to talk without their lawyers present. Police may even imply that only a guilty person would refuse to answer questions. Do not give in to these strategies. Calmly state that you are invoking your right to remain silent and will do so until you speak to a lawyer.

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What Are Possible Defenses to Federal Check Fraud Charges?

Posted on in Federal Crimes

Plano check fraud defense attorney

The hit movie Catch Me if You Can is based on the incredible true story of Frank Abagnale. In addition to a number of other cons, Abagnale was one of the most notorious check forgers of the 1960s. He created fraudulent payroll checks, printed his own account number on blank deposit slips at the bank, and used other schemes to defraud financial institutions. Abagnale was eventually caught and sentenced to prison. Although it may look glamorous in movies, white collar crimes such as check fraud can result in severe criminal consequences. Check fraud is commonly prosecuted by the federal government and may be punishable by prison sentences up to 30 years as well as extremely steep fines.

What Actions May Be Considered Check Fraud?

Many people have accidentally overestimated their bank account balance and written a check that “bounced” at least once in their lifetime. Mistakes such as these typically only result in a small bank fee. However, when a person intentionally writes bad checks for the purpose of defrauding a bank, he or she may be guilty of check fraud. There are other actions that constitute check fraud, including:

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Can “Sexting” Lead to Child Pornography Charges in Texas?

Posted on in Criminal Defense

Fort Worth child pornography defense attorney

There is no doubt about the tremendous influence smartphones have on our everyday lives. The use of text messaging has especially skyrocketed in recent decades. Research shows that over 15 million texts are sent every minute, and this number is expected to continue to increase. The use of text messages to send sexually explicit photographs and messages has been nicknamed “sexting.” Although it may seem harmless, sexting can sometimes lead to child pornography charges and other criminal charges. If you have been accused of creating, distributing, or possessing child pornography, speak to a Texas criminal defense attorney right away so you can start building a solid defense strategy.

Sexually Explicit Photos Between Minors May Be Illegal in Some Situations

Although many parents may not realize it, teenagers commonly send nude photographs of themselves to their peers. They may assume that these images do not constitute child pornography because the images are not being sent to an adult. However, under Texas law, it is illegal for anyone, including minors, to transmit any images or videos depicting a minor engaged in sexual conduct. In some cases, sexting between minors can be considered a class A misdemeanor, punishable by a fine of up to $4,000 and up to one year in jail. The law does provide defenses for those who receive unsolicited photos and for minors who are in a dating relationship, who are within two years of age of each other, and who share the images privately.

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How Does Texas Law Define Indecency With a Child?

Posted on in Criminal Defense

Fort Worth sex crimes attorney

Although any type of criminal charge is a grave matter, being charged with a crime against a child can be especially devastating. Many people are quick to assume that just because a person has been charged with a child-related crime, he or she must be guilty of the offense. This is especially true of sex crimes against children. It is important to understand how Texas law defines indecency with a child when considering how to build a strong defense against these serious allegations. 

Texas Law Regarding Indecency With a Child

There are two reasons a person may be charged with indecency with a child in Texas. The first is if they are accused of engaging in non-penetrative sexual contact with someone under 17 years of age. A person may be convicted of indecency with a child if it can be proved beyond a reasonable doubt that they touched the genitals, breast, or anus of the child, either above or under the child’s clothing, and this contact was intended to arouse or gratify their sexual desires. It is also against the law for a person to touch a child with their own genitals, breast, or anus.

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When Is it a Federal Offense to Possess a Firearm?

Posted on in Federal Crimes

Tarrant County federal weapons charge defense attorney

Few topics have been as hotly debated in recent years as the possession and use of firearms. Federal and Texas firearm laws have been subject to a number of modifications in recent decades, and gun-related laws are often complicated and hard to understand. Title 18, Chapter 44 of the United States Code regulates the ownership of firearms in the United States and prohibits certain individuals from owning firearms or ammunition. Violation of federal firearm laws can result in significant criminal penalties, including considerable prison time. If you or a loved one is being investigated by the federal government for an alleged firearm violation, it is imperative that you speak to a criminal defense attorney experienced in handling federal weapons cases as soon as possible.

Individuals Prohibited From Owning Firearms and Ammunition by Federal Law

In the United States, the right to bear arms is protected by the Second Amendment to the Constitution. However, certain circumstances can cause a person to lose the right to own or possess a firearm. While many firearm offenses are prosecuted at the state level, weapons violations involving the transport of firearms or other weapons across state lines are often prosecuted at the federal level. According to the U.S. Code, it is unlawful for a person to possess a firearm or firearm ammunition when the ammunition or firearm was moved across state lines and the possessor is:

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What Actions Can Constitute Child Abuse According to Texas Law?

Posted on in Criminal Defense

Tarrant County child abuse defense attorney

The terms “domestic violence” and “abuse” are used so often, it can be hard to know exactly what they mean. For example, is spanking your child after he or she misbehaves considered child abuse? What about forcefully grabbing your child’s arm when he or she is about to run into a busy street? Can non-physical actions like shouting at a child result in domestic violence charges? Being convicted of a crime against a child can result in life-changing consequences. You may lose the right to spend time with your child or may only get to see him or her under close supervision. You may even face years in prison. If you or a loved one has been accused of child abuse, child sexual abuse, injury to a child, domestic violence, or a similar crime, speak to a criminal defense attorney as soon as possible so you can start building a strong defense against these charges.

Definition of “Abuse” Under Texas Law

According to the Texas Family Code, abuse of a child includes:

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What Should I Do if I Have Been Accused of a Crime Against a Child?

Posted on in Criminal Defense

Forth Worth crimes against children attorney

Criminal consequences for crimes against children in Texas can be life-changing. If you are convicted of child pornography, sexual assault of a child, kidnapping and abduction, or a similar offense, you could face years behind bars and a lifetime of stigma. You may also be required to register as a sex offender and appear on the public sex offender registry. Even false allegations of any criminal act can dramatically damage your reputation. If you have been accused of a crime against a child, there are several steps that you should immediately take in order to give you the best possible chances of avoiding a conviction.

Do Not Say Anything to Police Until Your Lawyer Is Present

You have probably heard the phrase, “You have the right to remain silent” in the past, but you may be unsure as to what this actually means. In the United States, anyone who has been placed under arrest has the right to remain silent and not respond to police questioning. Never allow police to interrogate you without your lawyer present. An experienced criminal defense attorney will ensure that your rights are not violated and that you do not inadvertently say something that could incriminate you.

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Can I Face Federal Prosecution for Hacking in Texas?

Posted on in Federal Crimes

Fort Worth computer crimes defense attorney hacking

The term “hacking” typically refers to a person, often called a “hacker,” gaining unauthorized access to a computer or network. In recent decades, the so-called “hacker culture” has become mainstream and even glorified. Movies like Algorithm and The Girl With The Dragon Tattoo create the illusion that hackers can easily slide under the government’s radar and get away with nearly anything. Many people are under the false assumption that hacking a computer or network is something that an individual can do recreationally with little to no chance of facing significant consequences. These individuals could not be more wrong. The federal government takes internet crimes like hacking very seriously. In some cases, hacking can lead to federal charges and prison time.  

Federal Legislation Prohibiting Unauthorized Access to a Computer

Both federal and Texas laws prohibit certain computer crimes, but many computer crimes are prosecuted by the federal government. The Computer Fraud and Abuse Act (CFAA) is federal legislation that was originally intended to protect the computer systems of financial institutions and governmental entities. The scope of this law has since been expanded to include virtually every other type of computer system and server, including personally owned computers, tablets, and cell phones. A number of offenses fall under the umbrella of this legislation. Illegally accessing a computer and obtaining information from a protected computer, financial institution, or the U.S. government is a felony offense punishable by up to 10 years’ incarceration when the offense includes any of the following:

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What Are the Laws Regarding Statutory Rape in Texas?

Posted on in Criminal Defense

Dallas sexual assault defense attorney statutory rape

The age of consent is 17 in Texas. This means that, according to Texas law, individuals under 17 years of age are incapable of consenting to sex or sexual contact with an adult. The crime commonly referred to as “statutory rape” falls under the law prohibiting the sexual assault of a child in Texas. If you have been accused of sexual assault against someone under age 17, you could face serious, life-altering criminal consequences. It is essential to consult with a criminal defense attorney experienced in handling cases involving crimes against children as soon as possible.

What if the Sex Was “Consensual?”

Most people know that forcing someone to have sex against his or her will is wrong both ethically and legally. However, you may not realize that you can be charged with sexual assault against a child even if you did not force the alleged victim to participate in the sexual act. Because the age of consent is 17 in Texas, it is against the law for an adult to have sex with someone aged 16 years or younger, even if the underaged person did not object to the sexual activity. This is true even if the defendant did not know that the alleged victim was under age 17.

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What Should I Do if I Am Facing Federal Conspiracy Charges?

Posted on in Federal Crimes

Fort Worth federal conspiracy defense attorney

Most people are aware that acts such as fraud, drug trafficking, and certain weapons violations can be prosecuted by the federal government. However, you may not realize that a person can face federal charges even if he or she never actually committed a federal crime. Simply conspiring or planning to commit certain crimes with one or more other individuals can constitute a criminal act under federal law. Crimes prosecuted under federal law are often punished more severely than crimes prosecuted under state law. If you are being investigated for conspiring to commit federal crimes, it is imperative that you consult with a qualified criminal defense attorney immediately.

Conspiring to Commit a Federal Offense

The United States Code states that it is against federal law for two or more people to conspire to commit a federal crime or to defraud the United States or a U.S. agency. Even if the actual offense or fraud never occurred, the individuals involved in discussions about the planned offense can face federal prosecution. In order for a U.S. prosecuting attorney to obtain a conviction for federal conspiracy, he or she must prove several elements, including the following:

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How Common Are Illegal Student-Teacher Relationships in Texas?

Posted on in Criminal Defense

Tarrant County sex crimes defense attorney

The Texas Education Agency investigated more than 400 cases of alleged illegal student-teacher relationships during the 2017-2018 fiscal year. Reports of inappropriate sexual and romantic relationships between students and teachers have risen dramatically in recent years in Texas. Many attribute this increase to the heightened awareness of illegal sex acts prompted by the #MeToo movement. Educators who are convicted of having an improper relationship with a student can lose their ability to teach, their reputation, and even their freedom. If you are a teacher or school employee who has been accused of having sexual relations with a student, speak with a criminal defense attorney as soon as possible.

When Does a Teacher-Student Relationship Cross the Line?

Teachers spend a great deal of time with their students. Some pupils may actually see their teachers more often than they do their own friends and family. However, when a teacher-student relationship stops being professional and starts being sexual, this constitutes a criminal offense. According to the Texas Penal Code, it is against the law for a teacher, counselor, librarian, school administrator, or any other educator to engage in sexual contact with a student. Online solicitation of a student may also constitute an illegal student-teacher relationship. The age of consent in Texas is 17; however, a teacher may still be charged with a criminal offense if he or she has sexual contact with a student who is over the age of 17.

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What Should I Do if I Am Being Investigated for Money Laundering?

Posted on in Criminal Defense

Collin County white collar crimes attorney

You may be surprised to learn that an estimated 2 to 5 percent of the global gross domestic product (GDP) is represented by money that is laundered across international borders. The criminal offense of money laundering occurs when a person conceals the identity, source, or destination of money that has been acquired unlawfully. Both state and federal laws prohibit money laundering. If you are being investigated by a federal government agency for possible money laundering, it is imperative to seek help from a qualified criminal defense attorney as soon as possible.

Federal Money Laundering Charges

It is important to note that money laundering involves the concealment or attempted concealment of profits from criminal activity. If you sold an expensive diamond ring and then failed to report that money to the IRS, for example, this may be in violation of tax law, but it is not money laundering. Furthermore, the United States Supreme Court mandates that federal money laundering laws do not apply if an individual is only making money from a crime but not hiding it. For example, if a criminal defendant runs an illegal lottery, he or she is receiving money from a crime, but this does not constitute money laundering if he or she does not hide the proceeds. A conviction for money laundering requires prosecutors to prove beyond a reasonable doubt that the defendant is concealing profits from the illegal activity.

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What Are the Texas Laws Regarding Child Pornography?

Posted on in Criminal Defense

Fort Worth child pornography defense attorney

While all criminal charges have the potential to be life-changing, being accused of a crime against a child can be especially disastrous. If you have been charged with an offense related to child pornography in Texas, you should not take these charges lightly. If convicted, you could face incarceration, substantial fines, plus a lifetime of stigma. A qualified criminal defense lawyer with experience fighting child pornography charges can help you understand your legal options if you have been accused of possessing, creating, or distributing child pornography.

Possession of Child Pornography 

Title 9 of the Texas Penal Code addresses crimes related to child pornography. In Texas, it is against the law to produce, distribute, or possess media depicting a person under age 18 engaging in sexual conduct. This can include still photographs, videos, and other materials. Sexual conduct is defined in the law as actual or simulated intercourse, masturbation, deviate sexual intercourse, sexual bestiality, lewd exhibition of the genitals, anus, or female breast, and sadomasochistic abuse. If you are convicted of viewing or possessing child pornography, you face a third-degree felony punishable by 2 to 10 years of incarceration and a fine up to $10,000. If you have previously been convicted of possessing child pornography, the offense is a second-degree felony punishable by up to 20 years in prison. A third or subsequent child pornography conviction carries penalties including up to 99 years of imprisonment.

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When Is Drug Manufacturing Charged as a Federal Offense?

Posted on in Federal Crimes

Tarrant County federal drug crimes defense attorney

The manufacture of illegal drugs may be prosecuted at the Texas state level or at the federal level. Federal crimes typically carry much stricter criminal penalties than state crimes. There are many different ways that drug possession, drug manufacturing, or drug distribution charges can be considered federal offenses. In some cases, something as simple as consuming an illegal drug on federal property such as a National Park may be enough reason for a criminal offense to be prosecuted at the federal level. If you or a loved one is facing federal drug manufacturing charges, do not take these accusations lightly. Contact a criminal defense attorney qualified to defend against charges levied by the federal government as soon as possible.

Federal Law Regarding the Manufacture of Drugs

Chapter 21 of the U.S. Code lists the laws prohibiting the manufacture of controlled substances in the United States. The law states that it is illegal to intentionally or knowingly:

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How Should I Respond to False Allegations of Kidnapping in Texas?

Posted on in Criminal Defense

Dallas kidnapping and abduction defense attorney

Being charged with a criminal offense related to kidnapping, child abducting, unlawful restraint, or smuggling of persons should never be taken lightly. The criminal penalties for these crimes vary depending on the circumstances, but some can result in a lifetime of incarceration. False allegations about holding a child against his or her will can stem from a malicious ex-spouse or other individual, or they may simply be the result of a misunderstanding. If you have been falsely accused of kidnapping or abduction, you need to speak with a criminal defense attorney immediately to learn how best to defend against these serious accusations.

Texas Laws Regarding Kidnapping and Aggravated Kidnapping

Texas statutes state that an individual commits the crime of kidnapping if he or she knowingly abducts another individual. “Abduct” is defined as restraining another person with the intent to prevent his or her freedom by either holding him or her somewhere that he or she cannot be found or through the threat or use of deadly force.

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What Actions Can Result in Neglect and Abandonment Charges in Texas?

Posted on in Criminal Defense

Tarrant County child endangerment defense attorney

When it comes to children, the terms “neglect” and “abandonment” are often used together; however, these are two separate legal issues. Child neglect is a term used in the Texas Family Code to describe a situation in which a child is left unattended in an unsafe environment. Abandoning a child is defined in Texas Penal Code as not providing “reasonable and necessary care for the child” and leaving the child in a situation that most reasonable adults would not allow. If you have been charged with child abandonment in Texas, the penalties can be severe. Speaking with a criminal defense attorney experienced in handling crimes against children can help clear your name and avoid a criminal record.

Being Accused of Child Neglect

According to Texas law, parents are responsible for providing children with necessities like food, clothing, shelter, medical care, and appropriate supervision. The Texas Family Code identifies several acts that are considered neglect. These include but are not limited to:

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Understanding Your Right to Remain Silent in Texas

Posted on in Criminal Defense

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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