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Recent Blog Posts
What Should I Do if I Am Being Investigated for Money Laundering?
You may be surprised to learn that an estimated 2 to 5 percent of the global gross domestic product (GDP) is represented by money that is laundered across international borders. The criminal offense of money laundering occurs when a person conceals the identity, source, or destination of money that has been acquired unlawfully. Both state and federal laws prohibit money laundering. If you are being investigated by a federal government agency for possible money laundering, it is imperative to seek help from a qualified criminal defense attorney as soon as possible.
Federal Money Laundering Charges
It is important to note that money laundering involves the concealment or attempted concealment of profits from criminal activity. If you sold an expensive diamond ring and then failed to report that money to the IRS, for example, this may be in violation of tax law, but it is not money laundering. Furthermore, the United States Supreme Court mandates that federal money laundering laws do not apply if an individual is only making money from a crime but not hiding it. For example, if a criminal defendant runs an illegal lottery, he or she is receiving money from a crime, but this does not constitute money laundering if he or she does not hide the proceeds. A conviction for money laundering requires prosecutors to prove beyond a reasonable doubt that the defendant is concealing profits from the illegal activity.
What Are the Texas Laws Regarding Child Pornography?
While all criminal charges have the potential to be life-changing, being accused of a crime against a child can be especially disastrous. If you have been charged with an offense related to child pornography in Texas, you should not take these charges lightly. If convicted, you could face incarceration, substantial fines, plus a lifetime of stigma. A qualified criminal defense lawyer with experience fighting child pornography charges can help you understand your legal options if you have been accused of possessing, creating, or distributing child pornography.
Possession of Child Pornography
Title 9 of the Texas Penal Code addresses crimes related to child pornography. In Texas, it is against the law to produce, distribute, or possess media depicting a person under age 18 engaging in sexual conduct. This can include still photographs, videos, and other materials. Sexual conduct is defined in the law as actual or simulated intercourse, masturbation, deviate sexual intercourse, sexual bestiality, lewd exhibition of the genitals, anus, or female breast, and sadomasochistic abuse. If you are convicted of viewing or possessing child pornography, you face a third-degree felony punishable by 2 to 10 years of incarceration and a fine up to $10,000. If you have previously been convicted of possessing child pornography, the offense is a second-degree felony punishable by up to 20 years in prison. A third or subsequent child pornography conviction carries penalties including up to 99 years of imprisonment.
When Is Drug Manufacturing Charged as a Federal Offense?
The manufacture of illegal drugs may be prosecuted at the Texas state level or at the federal level. Federal crimes typically carry much stricter criminal penalties than state crimes. There are many different ways that drug possession, drug manufacturing, or drug distribution charges can be considered federal offenses. In some cases, something as simple as consuming an illegal drug on federal property such as a National Park may be enough reason for a criminal offense to be prosecuted at the federal level. If you or a loved one is facing federal drug manufacturing charges, do not take these accusations lightly. Contact a criminal defense attorney qualified to defend against charges levied by the federal government as soon as possible.
How Should I Respond to False Allegations of Kidnapping in Texas?
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.
What Actions Can Result in Neglect and Abandonment Charges in Texas?
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:
Understanding Your Right to Remain Silent in Texas
“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.
Sexual Talks With a Child Online Can Result in Solicitation Charges
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?
According to the Texas Penal Code, a person over the age of 17 commits online solicitation of a child if he or she communicates with a child under 17 years old via email, the Internet, or text messages with the intention of committing one of the following crimes: trafficking of persons, indecency with a child, continuous sexual abuse of a child, sexual assault, prohibited sexual conduct, compelling prostitution, aggravated promotion of prostitution, possession or promotion of child pornography, or sexual performance by a child. An adult can also be charged with online solicitation of a child if he or she uses email, text messages, or a commercial service to intentionally solicit a minor to meet another individual, including himself or herself, for the purposes of sexual contact.
What Are the Criminal Consequences of Child Trafficking in Texas?
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.
What Are the Consequences of Federal Drug Trafficking Charges?
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:
What Are the Consequences for Exploitation of a Child in Texas?
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.
