Posted on October 07,2020 in Federal Crimes

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.

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 Posted on September 25,2020 in Federal Crimes

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:

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 Posted on September 21,2020 in Criminal Defense

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 Then, the 21st Amendment repealed the ban on the manufacture and consumption of alcohol.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

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 Posted on September 14,2020 in Criminal Defense

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.

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 Posted on September 04,2020 in Criminal Defense

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.

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 Posted on August 28,2020 in Criminal Defense

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.

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 Posted on August 21,2020 in Federal Crimes

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:

• Defrauding a bank or other financial institution

• Acquiring money, assets, credits, or securities from a financial institution through false claims or misrepresentations

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 Posted on August 14,2020 in Criminal Defense

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.

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 Posted on August 07,2020 in Criminal Defense

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.

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 Posted on July 27,2020 in Criminal Defense

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. 

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