Posted on July 17,2020 in Federal Crimes

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

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 Posted on July 10,2020 in Criminal Defense

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:

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 Posted on July 06,2020 in Federal Crimes

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.

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 Posted on June 29,2020 in Criminal Defense

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.  

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 Posted on June 21,2020 in Criminal Defense

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. 

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 Posted on June 12,2020 in Criminal Defense

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:

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 Posted on June 05,2020 in Federal Crimes

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:

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 Posted on May 29,2020 in Criminal Defense

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.

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 Posted on May 22,2020 in Criminal Defense

School personnel often spend large amounts of time with students, and they may form special connections with certain individuals. However, teachers, coaches, guidance counselors, and other school staff have a legal responsibility to maintain proper boundaries with students. When a teacher-student relationship involves sexual contact, this constitutes a criminal offense in Texas. Although they are against the law, romantic or sexual student-teacher relationships do exist in Texas and throughout the United States. If you or someone you know has been accused of sexual contact with a student, it is crucial to consult a criminal defense attorney to obtain the legal guidance you need.

Texas Law Regarding Teacher-Student Relationships

According to the Texas Penal Code, it is illegal for any primary school or secondary school educator to engage in sexual activity with a student. This includes teachers as well as substitute teachers, teachers’ aides, librarians, principals, administrative staff, counselors, and other employees of public or private schools. It is important to note that although the age of consent is 17 in Texas, it is still unlawful for an educator to have sexual contact with a student who is older than 17. In addition, online solicitation of a student by an educator is classified as an unlawful student-teacher relationship.

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 Posted on May 15,2020 in Criminal Defense

If you are a parent, facing criminal charges for a crime against your child may be one of the last things you ever expect to happen to you. Kidnapping laws are intended to prevent children from being abducted and taken into dangerous situations. However, many people do not realize that a child’s biological parent can also be charged with kidnapping under some circumstances. A kidnapping charge can result in heavy fines, incarceration, and the loss of child custody privileges. If you have been accused of kidnapping your child, speak to a criminal defense attorney who is experienced in handling crimes against children as soon as possible.

Texas Laws Regarding Child Abduction

According to the Texas Penal Code, any individual who knowingly abducts another person can be charged with kidnapping. Although there is not an offense classified as “parental kidnapping” in Texas law, parents can and have been charged with kidnapping for “abducting” their own biological child. Texas law defines “abduct” as limiting a person’s freedom by holding him or her in a place where he or she is unlikely to be found or reducing the individual’s movement by the use or threat of force.

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