Posted on December 05,2019 in Criminal Defense

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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 Posted on November 26,2019 in Criminal Defense

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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 Posted on November 19,2019 in Criminal Defense

“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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 Posted on November 11,2019 in Criminal Defense

The Internet has revolutionized the way that we communicate with each other. However, there are several ways that online discussions or digital communication can be a criminal offense. An individual can be charged with online solicitation of a minor if he or she uses the Internet to send sexually explicit messages or media to a child under 17 years old or to a person who the actor believes to be under 17 years old. A conviction for online solicitation has the potential to impact the rest of your life. If you or someone you know has been charged with solicitation of a child or any crime against children, you need to speak with a criminal defense attorney right away.

What Constitutes Solicitation of a Child in Texas?

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 Posted on November 05,2019 in Criminal Defense

Human trafficking is the term used to describe the process through which individuals are transported for the purposes of forced labor and other exploitation. Children are often the victims of trafficking in Texas and throughout the United States. Nearly a quarter of the approximately 300,000 American children forced into sex trafficking every year live in Texas. Children involved in child trafficking may be tricked or forced into working in sweatshops, restaurants, brothels, escort operations, or worse. In some cases, children are forced into acting as child soldiers or domestic servants in other countries. Texas law carries stiff penalties for all human trafficking activities, but there are especially harsh criminal consequences for child trafficking. If you are charged with child trafficking in Texas, you could face years or even life in prison.

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 Posted on October 28,2019 in Federal Crimes

While many drug charges are handled at the state level, certain drug offenses are investigated and prosecuted at the federal level. Federal drug charges carry significantly harsher penalties than state charges. An individual who is charged with federal drug trafficking can face years or even decades of incarceration. If an individual is being investigated by the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), or another federal government agency for a drug-related offense, it is imperative that he or she contact a qualified criminal defense lawyer as soon as possible.

Drug Offenses Prosecuted in Federal Court

If a federal agency like the DEA or FBI becomes involved in a possible drug crime, it is likely that any resulting charges will be prosecuted in federal court. Federal drug charges are often the result of cases that involve a considerable amount of drugs or the transportation of drugs across state lines. You could be charged with federal drug trafficking for possessing:

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 Posted on October 14,2019 in Criminal Defense

Texas law prohibits certain activities from being committed against people who do not have the capacity to protect themselves or adequately look out for their own best interests. These individuals can include the elderly, disabled, and those under a certain age. The crime “Exploitation of Child, Elderly Individual, or Disabled Individual” is a serious offense under Texas law. If you are convicted of child exploitation, you may face years of incarceration and have your personal and professional reputation destroyed. It is crucial for anyone facing criminal charges related to child exploitation to speak with a criminal defense attorney experienced in defending against these types of serious allegations.

Defining Exploitation With Regard to Texas Law

Section 32 of the Texas Penal Code describes Exploitation of Child, Elderly Individual, or Disabled Individual and the criminal penalties associated with a conviction. An individual commits this crime if he or she knowingly or recklessly causes the exploitation of a disabled person, elderly individual, or child under age 14. Exploitation can include any activity which involves the improper or illegal use of a child, elderly person, or disabled person for personal or financial gain. Child exploitation can include coercing a child into sexual activities, forcing them to perform cheap labor, involving a child in drug running or sex trafficking, and more.  

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 Posted on October 04,2019 in Criminal Defense

Crimes against children involve more negative stigma than perhaps any other criminal offense. If a person is convicted of a crime related to child abuse or sexual contact with a child, he or she could face years or even decades of personal and criminal consequences. The criminal offense “Injury to a Child” includes a wide range of actions against children or other vulnerable individuals. Section 22.04 of the Texas Penal Code describes the crime of Injury to a Child. If you are convicted of violating this statute, you could face heavy fines, years of incarceration, and significant damage to your reputation.

Understanding Texas Law Regarding Injury to a Child, Elderly Individual, or Disabled Individual

Texas law includes many different offenses under the umbrella of “Injury to a Child, Elderly Individual, or Disabled Individual.” You can be convicted of this offense if you knowingly, intentionally, recklessly, or by omission cause injury to a child, disabled person, or elderly person. “Injury” can include bodily injury as well as mental injury, deficiency, or impairment. You can also be charged with this crime if you owe a duty of care to the person in question, and your failure to act causes him or her to suffer an injury.

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 Posted on September 27,2019 in Federal Crimes

The federal government has jurisdiction over certain types of “white collar crimes,” such as fraud, embezzlement, forgery, and more. Criminal penalties for federal offenses are often much more severe than punishments for state charges. If you are convicted of a federal crime, you could face incarceration in federal prison and substantial fines. If you are being investigated by a federal agency, it is critically important to contact an experienced criminal defense attorney to protect your rights.

What Constitutes Fraud Under Federal Law?

The United States Code Title 18 defines federal fraud as knowingly committing one of the following actions:

• Concealing or falsifying a material fact through any device, scheme, or trick

• Making a false or fraudulent statement or representation

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 Posted on September 20,2019 in Criminal Defense

Criminal offenses against children, such as possession of child pornography, sexual assault against a child, and child abuse, carry more stigma than almost any other crime. When an individual is accused of a crime such as these, he or she may lose friends, family members, his or her career, and more. This is why false allegations of child sexual abuse are such an alarming issue. A woman in Arkansas is now facing her own criminal charges after fabricating a story about her husband’s alleged crimes against children.

Woman Says She Found Explicit Images of Children on Her Husband’s Phone

In 2018, a 34-year-old Arkansas woman went to police to make a report of her husband’s alleged sexual assault and domestic violence. She claimed that she had caught her husband sexually assaulting a 13-year-old girl and that her husband attacked her when she interrupted the alleged crime. She showed investigators a bruise from the supposed attack as well as pictures on her husband’s phone depicting child pornography. However, when investigators looked further into the woman’s allegations, they discovered that the truth was wildly different than what the woman had claimed.

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