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Prosper criminal defense attorney white-collar crime

With the prosecution of new cases at the federal level for white-collar crimes down 25 percent in the last five years, it might seem easier than ever to get away with these nonviolent crimes. However, in the months since the beginning of the public health crisis, especially shortly after the enactment of the Defense Production Act, the Justice Department has been adamant about investigating and prosecuting white-collar criminals who are seeking to make illegal profits off of the pandemic, be it through price-gouging, equipment hoarding, market manipulation, insider trading, or fraudulent sales activities. In that sense, a flurry of activity prosecuting white-collar crimes is likely to reverse the recent downward trend in the number of cases and, since these are usually federal crimes, Texas residents are just as likely to face such charges as any other Americans would be.

What Is White-Collar Crime?

Reportedly first described by social scientist Edwin Sutherland in 1939 as crimes committed by people of high social stature through their professional work activities, “white-collar crime” concerns nonviolent offenses dealing mostly with financial transgressions committed by business and government professionals.

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Frisco criminal defense attorney theft

Last month, looting took place across the nation after protests turned violent, including in Texas. In consideration of this recent uptick in theft, it is worth thinking about what you should do if accused of theft in Texas. In some cases, the penalties can be severe depending on the circumstances surrounding the incident. Below are some effective strategies you and your lawyer can use to challenge these criminal charges if you or someone you know is facing such charges.

Key Strategies for Winning a Theft Case

While there are many defense strategies that are unique to each theft case, here are some common and effective steps to fight these charges:

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Fairview criminal defense attorney gun charges

There has always been a social battle about the safety of guns — do you feel safer with a gun in your hands or without one? The state of Texas allows gun ownership with the proper training and permits. Most people who own weapons use them for hunting or protection purposes. In fact, many who face gun charges use self-defense as their legal defense tactic. Since it is common for this tactic to be used, Texas law illustrates what is considered self-defense to protect those who were defending themselves while also obtaining justice for gun violence victims when the situation warrants. 

Actions of Self-Defense

Known as “protection of persons” in Texas legislature, anyone who reasonably believes that immediate force is necessary to protect themselves is warranted to use this force against their attacker. The following three elements must be present in order for the situation to be considered a valid concern of threatened danger, thus warranting self-defense:

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Frisco criminal defense attorney

The U.S. Constitution states: “The accused shall enjoy the right to a speedy trial.” However, after months of the pandemic postponing jury trials, even now the courts have slowed down due to precautions being taken for public safety. In a sense, that right to a speedy trial has been put into jeopardy. About a month ago, the justice system in Collin County was among the first in the nation to offer a jury trial by videoconference. While the trial did reach its conclusion, it was not without complications, which made it all the more beneficial that the case itself was a civil, non-binding summary jury proceeding. In other words, as a test case with this new technology, its failure would not be of great detriment to anyone’s life or livelihood as with many criminal proceedings, such as those for homicideDWI, or even drug possession. However, merely being open to this shows that Collin County might be willing to adopt something similar in the future for more types of cases. The following are the pros and cons of this new trend in technology.

3 Drawbacks of Virtual Jury Trials

Many lawyers, especially criminal defense attorneys, and other legal experts will be quick to point out the shortcomings of holding a jury trial virtually. These problems may include:

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Allen criminal defense attorney

Whether you are being arrested for DWItheftassaultdrug possessiongun chargeshomicide, or any other number of criminal offenses, you should always pay close attention to what is happening while you are being arrested. Depending on what the arresting officer does or does not do, your rights may be violated. A skilled criminal defense attorney might gain additional information that can help bolster your defense. In some situations, your charges may be reduced or dropped altogether if the police did not follow proper procedures or engaged in misconduct. 

Proper Arrest Procedures

In many criminal cases, the actions of the arresting officer or other officers involved in your detainment can determine the outcome of the case. This is because there are certain procedures that the police are required to follow by law during an arrest of a suspect in order to ensure justice for all, yourself included. This means you cannot be mistreated or otherwise have your rights withheld or violated. Here are some of the things to be on the lookout for during your arrest in Texas:

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Plano domestic abuse attorney

The public health crisis that we have witnessed over the last few months caused by COVID-19 has resulted in numerous stay-at-home and shelter-in-place orders being declared throughout the nation, including in Texas. While many of these orders have been lifted or are on the way to being lifted, there is still one simple fact resulting from these challenging times: more and more people have been stranded at home than in the past. There are many consequences of this new normal, but one particularly prevalent result that cannot be overlooked is the likelihood of more domestic violence reports. If you find yourself facing such charges, a skilled criminal defense attorney can help you avoid a conviction. 

The Accuser Is Not Always Right

It is common for people to side with the person reporting domestic violence. That person is typically viewed as the victim, no matter what the evidence or lack thereof might suggest. However, the very factors that can contribute to surges in domestic violence reports during uncertain times like these may also be reasons that these claims could be found to be false or otherwise disproven in court. Here are a few examples of how that can occur:

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Frisco theft defense attorney

While some might argue that theft is not a major concern in Texas, the truth is that lawmakers and, consequently, law enforcement over the last year have been focusing more of their efforts on this crime. At the least, depending on where you live in Texas, the local governments have been redefining and reforming how theft is treated overall. The point is, if you are accused of theft in Texas, you should be prepared for an unexpected outcome. The legal system in Texas may not just give you a "slap on the wrist" for an offense like this, so it is important to have a skilled criminal defense attorney representing your best interests.

The Latest Developments in Theft Law Across Texas

For the most part, theft is a serious crime in Texas. Lawmakers and law enforcement officials alike have not neglected to focus on it. In fact, during the past year, a wide variety of policy and law changes have been enacted that could affect many Texans. A few of the most recent developments in theft law throughout Texas include:

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Collin County aggravated assault defense attorney

Arguments between strangers or even family members can often lead to heated disputes that may result in physical confrontations. Statistics show that assault is one of the most common types of violent crimes committed in the United States. Many people think an assault is a physical attack on someone, but it can also just be the threat of inflicting violence. It is important to know and understand the laws concerning assault in Texas, because you never know when incidents might escalate. If you or someone you know is facing assault charges, a skilled criminal defense attorney can ensure your rights are protected in a court of law. 

Assault in Texas: An Umbrella Term

Many states have defined “assault” as merely threatening or attempting to commit harmful acts upon another person. The actual act of harming someone is defined as a “battery” charge. In Texas, the two crimes are combined into one single offense. All of the following actions are classified as assault (in this case, “simple assault”):

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Allen DWI defense attorney prescription drugs

Even though you may not have had an ounce of alcohol all day, it is still possible to be pulled over by a police officer who accuses you of driving while intoxicated (DWI). You may believe you are safe from any criminal charges; however, if you recently consumed something else that might have impaired your driving, you may face legal consequences. This is because in Texas, to meet the requirements for a DWI charge, a driver does not necessarily have to exceed the legal limit of .08 percent blood alcohol concentration (BAC). If you are operating a vehicle and do not have full use of your physical and mental abilities due to the effects of a controlled substance, then you may still be charged with a DWI, such as a prescription drug DWI.

Other Causes of Impairment

Alcohol is not the only substance that can cause intoxication and impair your ability to drive. For instance, any of the following could contribute to a weakened capacity for driving in Texas:

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Allen felony defense attorney

With several Texas cities closing bars and restaurants, more than 500 cases of the virus in the state at the time of this writing, and at least seven deaths reported, it is clear that the COVID-19 pandemic has hit Texas hard. In response, the Texas National Guard will be activated to assist with the outbreak if necessary. However, did you know that, depending on the laws enforced during a pandemic like this, you can be arrested if you refuse to quarantine or isolate when you are suspected of being infected? It is true, and in those cases, you will need a strong criminal defense strategy. Consider the below facts—and stay safe.

Texas Health and Safety Codes

In Texas, there are various health and safety codes that dictate how local governments and citizens must deal with an outbreak like coronavirus. For the most part, the rules are broad to allow for an open interpretation depending on the situation. Here are some of those Texas health codes:

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Collin County intoxication manslaughter lawyerIf you are facing charges of intoxication manslaughter, you might be wondering if this is a completely indefensible offense that cannot be adequately challenged in court. Of course, it is natural to have all of these worries and fears when this type of tragedy happens. You might even feel an overwhelming sense of guilt as you struggle to see a way out. However, the truth is that with the right criminal defense attorney, you could be found not guilty, have the case dismissed, or have your charges significantly reduced. Your lawyer can help you determine the best defense strategies that will allow you to achieve a positive outcome to your situation.

Effective Defense Strategies With Intoxication Manslaughter

While it might seem as if a charge of intoxication manslaughter cannot be overcome in court, there are a variety of ways to challenge or defeat these charges, including:

  • Suggesting Faulty Sobriety Tests — As with a DWI case, one of the best ways to achieve success is to establish reasonable doubt by calling into question the validity of the sobriety tests. If your lawyer can instill uncertainty and skepticism in the jury about the overall effectiveness of the sobriety tests, then it might lead them to believe that you were not intoxicated at the time of the accident.

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Collin County criminal expunction attorney

An expunction allows people to remove certain arrests, charges, and convictions from their permanent criminal records. Once those offenses are legally expunged from your record, you have the right to deny they ever happened. It is like receiving a clean slate in the eyes of the law. In many cases, this grants you the opportunity to start and receive a fresh start so that you are not judged for prior mistakes. This can help with securing employment, buying a house, renting an apartment, or applying for a car loan. There are specific legal steps that must be followed for an expunction, and it is crucial to work with a skilled criminal defense lawyer who can help ensure that your request for expunction will be approved.

Steps for Seeking an Expunction

Obtaining an expunction can be a complicated and challenging process, but with the right lawyer, it can be accomplished as quickly and efficiently as possible. Here are some basic steps to take if you are seeking an expunction:

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Frisco drunk driving defense attorney

With the start of the new year, it is worthwhile to consider the latest changes to criminal laws in the state of Texas. While the laws regarding how crimes like driving while intoxicated (DWI), drug charges, theft charges, and assault charges are prosecuted will largely remain the same, there is a definite financial impact to some of the latest legislation. Whether the changes will directly affect you depends on the types of charges you are facing and the circumstances of your case.

No More Surcharges Under Safe Driving Program

One major legislative move by the Texas legislature has to do with safe driving. Beginning in September of last year (2019), the Driver Responsibility Program (DRP) was repealed. In case you were unaware of this program meant to encourage safe driving, it imposed surcharges on people with traffic-violation-related points and/or convictions on their driving record.

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