Recent Blog Posts
Establishing Intent to Sell in Texas Drug Cases
Simply possessing illegal drugs does not automatically mean someone will be charged with intent to sell or distribute. However, prosecutors can use various types of circumstantial evidence to build a case that a defendant intended to sell or deliver drugs in their possession. If you get charged with intent to sell, a Texas criminal defense attorney may help.
Amount of Drugs
One of the first things prosecutors look at is the quantity of drugs recovered. Possession of a small, user-appropriate amount likely indicates personal use. But possession of large quantities—like multiple pounds of marijuana or hundreds of pills—shows an intent to distribute. There is no definitive threshold, but prosecutors know that dealers often possess more drugs than any one person could use before they expire.
Common Types of Aggravated Identity Theft Charges
Identity theft is when you use someone else’s personal information without their consent to commit fraud or other crimes. Aggravated identity theft takes this a step further by using someone’s identity while committing serious offenses. These crimes carry harsh penalties on top of any punishment for the underlying offense. Those accused of aggravated ID theft in Texas face multiple charges and should seek legal counsel immediately. If you are facing a charge like this, a Texas criminal defense lawyer can help.
Using Identities to Commit Terrorism or National Security Crimes
One of the most severe forms of aggravated identity theft involves using someone else’s name or documents like social security numbers while engaging in acts of terrorism or crimes threatening national security. For example, someone may use a stolen identity to gain access to restricted areas, information, or materials that can be used for attacks or espionage. The terrorism enhancement under federal sentencing guidelines brings a minimum two-year prison sentence for aggravated ID theft convictions.
What to Do if You Are Facing Carjacking Charges in Texas
Being arrested for an alleged carjacking can be scary and overwhelming. However, there are important steps to take immediately if you face criminal charges like robbery or theft of a motor vehicle in Texas. Working quickly with a Texas criminal defense attorney to respond to accusations and build an effective legal defense for your case is crucial.
Get Legal Help Immediately
If questioned by police about an alleged carjacking, politely decline to answer questions or make any statements until you have legal representation. Anything you say can be used against you, so it is best to exercise your right to remain silent. Once charged with a crime, get in touch with a criminal defense attorney as soon as possible. An experienced lawyer understands the complex carjacking laws and defense strategies that apply to your case. They can advise you on the following steps to protect your rights.
What to Know About the Intent to Manufacture Drugs
Discovering you face criminal charges for allegedly planning or preparing to manufacture illegal drugs sparks justified panic. Being accused of a felony offense with hefty penalties leads to urgent, strategic legal guidance. A Texas criminal defense lawyer is someone you want in your corner when you face a drug charge.
Say Nothing Without Your Lawyer
When questioned after arrest, politely decline to answer queries or make statements until your criminal defense lawyer is present. Be cooperative but firm, invoking the right to remain silent. Anything you say can and will be used against you. Let your attorney speak for you once appointed. Sign nothing without their review.
Understand the Charges
Charges like possession of drug paraphernalia, prohibited chemicals and equipment, or other circumstantial evidence suggest early-stage planning and preparation. However, Texas statute also includes the separate charge of “Intent to Manufacture” controlled substances like methamphetamine, which alleges clear intent to produce drugs based on credible evidence seized. Know precisely what you are accused of.
What to Do When Charged with Making a Fraudulent Website
Facing a federal-level type of charge of fraud can be overwhelming, but you can have the opportunity to seek legal representation and see what options you may have. An Illinois criminal defense lawyer can help see what defense you may have for the allegations.
Seek a Lawyer’s Help
Getting legal representation, specifically with experience in litigating complex cyber fraud, identity theft, and wire offenses, can prepare you with the best prospects of defeating allegations and avoiding convictions carrying up to 30 years of imprisonment. Navigating federal indictments goes far beyond typical state charges. Expert guidance may reduce perceived criminality early.
Cooperate Carefully During the Entire Process
If you receive a subpoena related to your website’s business activities or finances, contact a lawyer immediately. Never ignore a subpoena, but do not automatically share extensive information either. Politely decline to discuss details in the early stages of an investigation by asserting your Fifth Amendment rights. Even if your relationships with various parties seem ethically uncertain but potentially legal, wait until your lawyer can review the specifics before providing information.
Facing Federal Arson Charges? Here is What to Do
Arson charges at the federal level are complex. They come with severe penalties, including years in prison. If federal agents accuse you of arson, it is critical to take the proper legal steps to protect yourself. A Texas lawyer can help you determine the best next step you should take if you find yourself in this situation.
Know the Specifics of Federal Arson Laws
Unlike state arson laws, which vary, federal arson charges follow uniform legal guidelines nationwide. Specifically, federal law prohibits using fire or explosives to willfully destroy or attempt to destroy any building, vehicle, or other real or personal property used in commerce. Commerce refers to any business-related activities or events which affect interstate trade or transportation.
What to Do If You Were Falsely Accused of Embezzlement
Being suspected of embezzlement can turn your life upside down. These allegations can damage your reputation and lead to intense scrutiny of your finances and career history. If you believe accusations of embezzlement against you are false, it is critical to respond appropriately to avoid wrongly going to jail. A Texas attorney can help you fight back against this claim.
Be Careful What You Say
It is understandable to feel shocked, angry, or confused if accused of embezzlement out of nowhere. You may be tempted to confront your accusers immediately or adamantly profess your innocence. However, anything you say or do after an accusation could be used against you or mischaracterized. So first, take a breath and refrain from making statements you cannot walk back.
Options Beyond Prison for Major Corporate Money Laundering
When a corporation is charged with large-scale money laundering, years of incarceration often seem like the only outcome. However, there are alternatives to prison, depending on case specifics and negotiated pleas. Securing non-prison sentences involves thorough investigation and creativity from a Texas lawyer.
Determine Eligibility for Pretrial Diversion
For first-time corporate offenders, pretrial diversion programs may offer an alternative pathway while providing accountability. Options like restorative justice sessions aim to avoid prolonged prosecutions when constructive intervention could serve the public interest. However, required admissions of misconduct may conflict with a defendant’s interests. A lawyer will carefully weigh eligibility criteria and expected outcomes to determine if attempting this early resolution avenue will benefit the corporation.
Alternatives to Jail for Prescription Drug Charges in Texas
Charges such as illegally distributing prescription drugs can potentially lead to years behind bars. However, for some nonviolent drug offenses, alternatives to incarceration may be possible for criminal defense attorneys to negotiate on a client’s behalf. While Texas law does impose mandatory minimum sentencing for certain drug crimes, opportunities exist pre-trial to argue for probation, diversion programs, or rehabilitation instead of jail time. A Texas lawyer can help you find alternatives for your charges.
Assessing Eligibility for Pre-Trial Intervention Programs
If a defendant has no prior felonies and the case details are favorable, their criminal defense lawyer can immediately request pre-trial intervention to divert the charges. Programs like drug court allow first-time offenders to avoid a conviction through supervised probation, frequent testing, outpatient rehab, and meeting other conditions. Graduates of the program can potentially have charges dismissed.
Protecting the Rights of Those Accused of Illegal Rx Drug Sales
The illegal sale or distribution of prescription drugs is aggressively prosecuted. Charges like these can carry severe penalties, including substantial prison time. However, not everyone accused of prescription drug crimes is guilty as charged. A Texas lawyer can help you protect your rights during this time.
Questioning the Validity of the Charges
The first priority is determining if the charges are even valid. A lawyer will analyze whether proper procedures were followed during the arrest and evidence collection. Critical evidence may be excluded if any search or seizure violated Texas law. A defective warrant or lack of probable cause can undermine the entire case.
You and your attorney will need to review what exactly the prosecution aims to prove. If the facts do not clearly establish that a crime occurred, you file for dismissal. For illegally distributing prescription drugs, the prosecution must demonstrate intent to sell. Simply possessing certain medications does not automatically make someone a drug dealer under the law.