A 24-year-old former educational assistant was indicted by a grand jury in Bowie County, Texas, earlier this month on two counts of an improper relationship between educator and student. The former aide was also indicted on a single count of sexual assault of a child. All three criminal charges are felonies, and they stem from interactions she allegedly had with students between November 2019 and May 2020.

Overheard Conversations

According to reports, a teacher at Texas High in the Texarkana Independent School District overheard a group of boys talking in June about how one of the boys might have gotten the instructional aide pregnant. After being confronted, the 17-year-old boy allegedly said that he had had sex with the aide but that she told him he was not her baby’s father. He also claimed that other students had sex with the assistant as well.

A small city in East Texas was thrust into the national spotlight in recent days—and for all of the wrong reasons. On the morning of Friday, October 9, police in New Boston, TX, were called to a residence where they found the body of a young woman who had apparently been murdered. To make matters even worse, the victim had been pregnant at the time of her death, and a preliminary investigation indicated that the woman’s unborn baby had been cut from her body. The gruesome scene prompted action by several local and state agencies, looking into the case as both a murder and kidnapping investigation.

Pregnant Woman Found Dead

At a little after 10 a.m. last Friday, New Boston police responded to a 911 call reporting a deceased person. New Boston is a small city of approximately 4,600 people in Bowie County near Texarkana. When the police arrived, they discovered the body of a 21-year-old woman. According to officials from the Texas Department of Public Safety, the woman was clearly the victim of a homicide. She had also been almost eight months pregnant when she died, and her baby had been cut from her womb, presumably by her killer. Following the horrific discovery, an investigation was initiated by multiple law enforcement agencies throughout the region, including the Department of Public Safety, the New Boston Police Department, the Texarkana Police Department, and the Bowie County Sheriff’s Office.

As it currently stands in the United States, most computer-related crimes can be charged as federal offenses, as they largely utilize the online infrastructure of the Internet. Computer-related federal charges may stem from using the Internet to traffic drugs, weapons, and even people, in addition to illegal materials such as child pornography. Interstate and international scams conducted via the Internet can also be prosecuted as federal crimes. “Hacking” or gaining illicit access to computer systems or networks is usually a federal crime, as well.

With all of this in mind, it may come as quite a shock to learn that the U.S. justice system currently does not have a clear process in place for prosecuting those accused of hacking into a federal voting system. However, the U.S. House unanimously passed a bill last month that would give federal prosecutors the statutory support they need to prosecute voting system hacking. The bill cleared the Senate in 2019 and is now awaiting President Trump’s signature so that it can be enacted into law.

Under Texas law, a person commits criminal homicide if he or she intentionally or negligently causes the death of another individual. Criminal homicide is considered murder when the offender knowingly causes the death of the individual, causes death while intentionally causing serious bodily harm, or causes the death of the individual during the commission of a felony. Depending on the facts of the case, murder may be charged as a first-degree or second-degree felony offense in Texas. However, there are some situations in which murder may also be considered a federal crime. 

Circumstances in Which the Federal Government Prosecutes Murder Cases

Most federal murder charges result from murders involving drug trafficking or weapons trafficking, or attacks on U.S. government officials. Deaths resulting from certain crimes against children may also result in federal murder charges. Murder is typically a federal criminal offense if:

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.

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.

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.

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.

When the average person thinks about what it means to steal money from a bank, images of masked robbers pocketing bundles of cash may come to mind. However, many schemes involving the unlawful acquisition of bank funds are much more technical in nature. Bank fraud refers to activities that intentionally defraud a financial institution. It is a criminal offense prohibited by federal law and investigated by local law enforcement as well as the U.S. Secret Service. If you or a loved one is facing federal charges related to bank fraud, it is critical to consult an experienced criminal defense attorney as soon as possible.

Understanding Bank Fraud Accusations

Bank fraud is defined by 18 U.S. Code § 1344 as knowingly:

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.

Society considers crimes against children especially heinous. In the United States, a person charged with any type of criminal offense is innocent until proven guilty. Unfortunately, many people automatically assume that an individual accused of a child-related crime must be guilty of that crime. If you or a loved one has been charged with child sexual assault, child abuse, child pornography, or a related offense, understanding your rights is paramount to building a strong defense with the help of a skilled criminal defense attorney.

The Right to Decline Police Questions

Law enforcement may use a variety of tactics to make a criminal defendant submit to questioning. However, it is absolutely vital that you remain silent and refrain from answering police questions until your attorney is present. Being arrested and charged with a crime can be frightening, confusing, and overwhelming. When you are in a heightened emotional state, you are in no position to answer police questions. You may say or do something during the interrogation that worsens your chances of avoiding conviction. The U.S. Constitution protects your right to prevent self-incrimination. This right applies to police questioning as well as during your trial proceedings.

Parents are legally responsible for providing their children with the care and attention they need to be safe. As children get older, they gradually begin to gain the skills necessary to look after themselves. It can be hard to know when a child is responsible enough to be left alone. If you are like many parents, you may have wondered, “At what age is it appropriate to leave my child at home alone?” Texas law does not state an exact age after which a parent may leave a child at home without supervision. However, there are circumstances in which a parent can face significant civil consequences and even criminal charges for leaving a minor child home alone.  

Texas Laws Regarding Child Neglect

Texas law requires parents and guardians to provide children with adequate food, water, shelter, clothing, supervision, and medical care. Failure to provide these basic necessities may constitute child neglect. A parent may also be accused of neglect if he or she allows a child to be in an unsafe situation that exposes the child to a significant risk of physical or mental harm. Child neglect is a civil offense in Texas, but it is often accompanied by criminal charges. Accusations of child neglect may lead to an investigation from the Texas Department of Family and Protective Services (DFPS). If DFPS investigators find evidence of significant neglect or abuse, the child may be removed from the home. 

The manufacture, possession, and distribution of illicit drugs are prosecuted by both state governments and the federal government. Any drug-related criminal charge can lead to harsh penalties but federal offenses are often penalized more severely than crimes prosecuted by the state. If you have been charged with drug possession with intent to distribute, drug trafficking, or drug manufacturing, it is crucial that you speak with a criminal defense attorney. Federal drug crimes are often punished by lengthy prison sentences and heavy fines. Your attorney can help you defend yourself against these charges and ensure that your rights are fully protected.  

Federal Drug Offenses Often Involve the Transportation of Drugs Across State Lines

Often, a drug offense is prosecuted by the federal government because the defendant is alleged to have transported drugs from one state to another or imported the drugs into the U.S. from another country. You may also face federal charges if the crime you allegedly committed:

Crimes against children are punished harshly in Texas. If you have been accused of sexually abusing a child, you could face significant criminal charges that result in possible jail time. Most people have a strong emotional reaction to allegations of child sex abuse. They may assume that just because a person is accused of harming a child that the person actually did harm the child. In some cases, the charges may be based on false allegations. This is why is it is crucial for anyone facing criminal charges related to child sex abuse to speak with a skilled criminal law attorney as soon as possible.

Sex Crimes Involving Minors

In Texas, there is no overarching law regarding sexual abuse of a minor. Depending on the circumstances of the alleged offense, a person accused of child sex abuse may be charged with:

Being accused of any type of crime can be an unnerving experience. However, when the prosecuting party is the federal government, the situation is even more frightening. If you or a loved one has been charged with a crime relating to child trafficking, sexual exploitation of a child, money laundering, drug trafficking, weapons trafficking, or another federal offense, you may feel completely lost. The first step you should take is to hire an attorney experienced in defending against federal charges. Your attorney will help you avoid making mistakes that worsen your chances of being acquitted. One such mistake that can result in additional federal charges is lying under oath or perjury.

When Can an Individual Be Charged with Perjury?

There are two types of perjury under U.S. law. The first refers to false statements made by an individual who is under oath. In order to convict someone of perjury for lying under oath, the prosecution must prove that the following elements are present:

Entrapment occurs when a government official such as a police officer compels someone to commit a criminal offense. Some people falsely believe that police must always identify themselves as law enforcement officers. In reality, police are fully authorized to lie or use deceptive techniques to obtain evidence of a criminal act. However, police cannot use extreme behavior, threats, or coercion to force a normally law-abiding citizen to commit a criminal act.  Entrapment is an “affirmative” defense against criminal charges in Texas, which means that the defendant is admitting that he or she committed the offense but is also presenting a justification for doing so.

What Is the Difference Between a Sting Operation and Entrapment?

If you have ever seen television shows such as To Catch a Predator, you may have wondered about the legality of police undercover stings. A sting operation is a law enforcement action intended to catch an individual committing a criminal offense. It typically involves an undercover police officer or detective posing as a potential victim or criminal partner in order to gather evidence that can be used during a criminal prosecution. However, if a police sting operation crosses the line into entrapment, evidence obtained during the operation may not be admissible in court. Sting operations are often used to catch individuals engaging in the purchase or sale of illicit drugs, solicitation of a minor, solicitation of a prostitute, or the possession or distribution of child pornography. The main difference between entrapment and a lawful sting operation is that a sting operation offers an individual the opportunity to commit a crime while entrapment involves the individual being coerced or persuaded into committing a crime.  

For many parents, the way they raise their children is substantially different than the way that they were raised. Parents may assume that leaving their children in the car while they are shopping or otherwise engaged is not unsafe simply because they remember waiting in the car alone when they were a child. However, states are increasingly enacting legislation designed to prevent parents from leaving children unsupervised in vehicles. In 2019, 52 children passed away after being left in hot cars. In order to prevent these tragic deaths, Texas has made it illegal to leave children alone in vehicles under certain circumstances.

Leaving a Child in a Car May Be Considered a Criminal Offense

Texas is known for its extremely hot summers. Hot and humid weather makes the risk of a child developing heatstroke or dying in a hot car especially high. Many parents who leave their children in the car only intend to be gone for a few minutes, however, it only takes 10 minutes for an average car to heat up by 19 degrees. The Texas Department of State Health Services urges parents to teach children not to play inside of cars and to never leave a young child in a car unsupervised. 

The way that parents raise their children is evolving with each new generation. One issue that has become especially controversial in recent years is corporal punishment or using physical force such as spanking as a form of discipline. Whatever your personal opinions are regarding corporal punishment, it is important to understand how Texas law differentiates between punishment and abuse. Individuals who physically punish children in a way that crosses the line into abuse can face criminal charges for domestic assault, injury to a child, and other crimes against children.   

Definition of Family Violence According to the Texas Family Code

Texas law defines “family violence” as actions that are intended to result in bodily injury, physical harm, or assault. Abuse is defined in the Texas Family Code as:

The Second Amendment to the United States Constitution gives citizens the right to possess firearms. However, gun owners must also comply with a range of federal, state, and local laws regarding how and when firearms may be possessed and used. Many firearm violations are prosecuted by the federal government. Federal gun charges often carry much harsher penalties than state charges do. A person convicted of a federal firearm offense may be sentenced to years or decades of incarceration. If you have been accused of trafficking firearms across state lines, illegal possession or sale of a firearm, or other weapons violations, you need an experienced criminal defense lawyer who will fight to keep you out of prison.

Unlawful Acts Related to Firearms

The laws regulating the sale, transfer, possession, and use of firearms are mostly contained in 18 U.S. Code Chapter 44. Section 922 identifies firearm-related acts that are prohibited under federal law. These acts include but are not limited to:

Credit card fraud and debit card fraud are forms of identity theft prohibited by both Texas law and federal law. There are many different types of actions that may lead to credit card fraud charges. A person may be charged with credit or debit card fraud for obtaining and using another person’s credit or debit card information, possessing devices or computer equipment used to steal card information, attempting to open an account with someone else’s personal information, and for many other acts. If you or a loved one have been accused of fraudulent use or theft of a credit card or debit card, this is considered a white-collar crime. Speak with a criminal defense attorney right away so that you can start building a strong defense against the charges.

Understanding Credit Card and Debit Card Fraud Laws

Often, credit or debit card fraud charges are the result of an individual allegedly using another person’s credit or debit card without his or her authorization. This may involve physical theft of the card or theft of the information contained on the card. Individuals may gain access to other people’s credit card or debit card information when institutions such as banks and retailers experience a major data breach. People may also use email or phone calls to scam people into giving over their credit card or debit card details. This so-called “phishing” typically involves a person or organization requesting sensitive information while pretending to be a legitimate company such as a bank. Credit card fraud can also be the result of a person finding bank statements or credit card statements in someone’s trash. Recently, devices called “card skimmers” have been used to capture card information when someone swipes his or her card at a gas station or ATM.