Recent Blog Posts
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.
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.
Next, discreetly document the details of the allegations you have been aware of. When and how were you informed of the suspicions or investigation? This will help give your lawyer crucial context later. Proactively compiling evidence in your defense could also help alleviate some anxiety over the situation.
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.
What Constitutes Federal Healthcare Fraud?
Healthcare fraud is, unfortunately, common, costing taxpayers and patients billions annually. The federal government prosecutes healthcare fraud, with severe penalties for those convicted, including substantial fines, imprisonment, and exclusion from government programs.
If you find yourself in a situation with healthcare fraud, a Texas lawyer can help. You should be aware of the different types of federal medical fraud.
Billing for Services Never Performed
One of the most common forms of healthcare fraud involves billing for services that never happened. Examples of this type of fraud include billing Medicare for missed appointments that the patient did not attend, billing for fake procedures or tests that were never performed, and billing for services provided to non-existent “phantom” patients.
Red Flags Authorities Look for to Catch Money Launderers
Texas has become a major hub for complex money laundering operations trying to hide illicit cash flows from drug trafficking, human smuggling, fraud schemes, and other crimes. Law enforcement agencies have become increasingly adept at spotting the red flags that expose these illicit money laundering fronts. A Texas lawyer can help if you are facing this type of charge.
Structuring Deposits
One common tactic money launderers use in Texas is structuring cash deposits to avoid deposit reporting requirements. They purposefully break up large amounts of cash into smaller deposits below $10,000 to evade detection. Agents look for customers frequently depositing money just under the $10,000 threshold across different bank branches as a major red flag of structuring activity.
Funnel Account Activity
Money launderers in Texas use “funnel accounts” to make dirty money harder to track. Illicit funds from various sources are commingled into a single account before being transferred out in smaller amounts. Unusual money flows or transfers well beyond what a business would normally require signal potential laundering with these accounts.
When Does Drug Possession Cross into Trafficking in Federal Cases?
In Texas, you can face severe federal drug trafficking charges for possessing substantial quantities of illegal substances like cocaine, heroin, and methamphetamine. But how much is required to trigger weightier trafficking accusations versus simple possession? The thresholds vary by drug type under federal law. A Texas lawyer can help you figure all of this out.
Understanding Federal Weight Thresholds
Federal statutes establish cutoff weights for charging drug trafficking versus mere possession based on the controlled substance:
- Cocaine - 500 grams of powder form or just 5 grams if in crack cocaine form
- Heroin - 100 grams
- Methamphetamine - 50 grams
Creating Leniency in Texas Federal Sentencing
Facing sentencing on federal criminal charges in Texas is daunting. However, an experienced Texas lawyer can help with strategies to argue for the most lenient sentence possible under federal guidelines. Advanced sentencing advocacy can make the difference between years in prison versus probation for your client.
Negotiating for Downward Departures
A key strategy is negotiating with prosecutors for a downward departure motion. Grounds like substantial assistance to authorities, limited participant role, and coercion may justify a reduced sentence. Your lawyer can leverage the defendant’s cooperation, evidence of minimal involvement, or unique circumstances to secure a departure request. This shifts sentencing leverage in your favor.
Fighting Federal Cocaine Charges in Texas Courts
If you are facing federal cocaine charges, you need an attorney who will aggressively fight for your rights. An experienced Texas criminal defense lawyer knows how to build an effective defense against these allegations.
Was Your Stop and Search Handled Legally?
Your lawyer will first scrutinize if you were stopped and searched legally leading up to the charges.
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Were you racially profiled?
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Detained without probable cause?
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Questioned without reading Miranda rights?
They can file motions to suppress evidence obtained illegally, which can profoundly damage the prosecution's case if granted.
Investigating the Backgrounds of Investigators
Your attorney will also thoroughly investigate all investigators' honesty and potential biases.