Posted on May 15, 2020 in Criminal Defense

If you are a parent, facing criminal charges for a crime against your child may be one of the last things you ever expect to happen to you. Kidnapping laws are intended to prevent children from being abducted and taken into dangerous situations. However, many people do not realize that a child’s biological parent can also be charged with kidnapping under some circumstances. A kidnapping charge can result in heavy fines, incarceration, and the loss of child custody privileges. If you have been accused of kidnapping your child, speak to a criminal defense attorney who is experienced in handling crimes against children as soon as possible.

Texas Laws Regarding Child Abduction

According to the Texas Penal Code, any individual who knowingly abducts another person can be charged with kidnapping. Although there is not an offense classified as “parental kidnapping” in Texas law, parents can and have been charged with kidnapping for “abducting” their own biological child. Texas law defines “abduct” as limiting a person’s freedom by holding him or her in a place where he or she is unlikely to be found or reducing the individual’s movement by the use or threat of force.

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 Posted on May 08, 2020 in Federal Crimes

The use of firearms and other weapons is strictly regulated at the local, state, and federal levels of government. Federal weapons violations often carry harsher penalties and longer jail sentences than state weapons charges. Legal penalties associated with a federal weapons charge will depend on whether the weapon was used during the commission of a crime, whether bodily harm or death was caused, the defendant’s criminal history, the type of weapon found in his or her possession, and other factors. Firearm violations and other weapons charges can lead to years or decades in prison, so it is crucial that you speak with a knowledgeable criminal defense attorney if you are facing any type of federal weapons charge.

Federal Weapons Violations

Federal law regulates who is permitted to own a firearm, the types of weapons that may be possessed or transported, the locations in which firearms may be lawfully discharged, and the maximum number of firearms and other weapons a person is allowed to own. Often, weapons charges are investigated by the federal government because they involve interstate transactions. Federal weapons charges may involve:

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 Posted on April 24, 2020 in Criminal Defense

Crimes against children are penalized especially harshly in the United States. Not only can a child-related offense result in heavy fees and jail time, but the defendant may also be required to register as a sex offender. This means that his or her name, address, picture, and a description of the crimes he or she has been convicted of will appear on the Texas Public Sex Offender Registry. A conviction of possession or promotion of child pornography can result in considerable imprisonment as well as a lifetime of stigma. If you or someone you know has been charged with possession or promotion of child pornography, it is imperative that you contact a skilled criminal defense attorney as soon as possible so that you can start building a strong defense against the charges.

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 Posted on April 17, 2020 in Criminal Defense

Many parents who are contacted by the Texas Department of Family and Protective Services (DFPS) are shocked when they realize that they are being investigated for potential child abuse or neglect. While many child protective investigations are the result of justified concerns regarding children’s safety, some investigations are the result of a misunderstanding or misinterpretation. If you are currently facing accusations of child neglect, child abuse, or domestic violence, it is possible that you will be investigated by the DFPS. Therefore, it is important to understand how Texas law handles these types of accusations of crimes against children. 

Allegations of Child Abuse or Neglect

According to Texas law, anyone who reasonably believes that a child has been neglected or abused must report the possible mistreatment to law enforcement or the DFPS. The DFPS is required by law to investigate these reports and make a determination about the validity of the accusations.

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 Posted on April 10, 2020 in Criminal Defense

When it comes to criminal offenses, few are judged as harshly as crimes against children. Being accused of a crime against a child–especially a sex crime against a child–can have life-altering consequences. Many crimes against children do not require the alleged offender to actually make physical contact with the child. Depending on what was said, a conversation alone may be enough to bring about criminal charges. Communicating online with a person under age 17 about sexual conduct can lead to felony charges for online solicitation of a minor and potentially years behind bars. If you or someone you know has been charged with online solicitation of a minor, speak with a skilled criminal defense lawyer right away to learn about your defense options.

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 Posted on April 06, 2020 in Federal Crimes

It seems as if drug laws in the United States are constantly changing. In 1970, the federal Controlled Substances Act classified cannabis as a Schedule 1 drug and prohibited the use of the substance for both medical and recreational purposes. In 1996, California became the first state to allow the use of cannabis to treat medical conditions. Today, marijuana may legally be used for medical purposes in the majority of the United States, and it is has been legalized for recreational use in 11 states. However, it is important to remember that a number of state and federal laws still regulate the purchase, use, cultivation, and transportation of cannabis. In some cases, a person may even face federal drug trafficking charges for moving cannabis across state lines.

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 Posted on March 27, 2020 in Criminal Defense

Exchanging money or property for sexual contact is against the law in the majority of the United States, including Texas. Being charged with a prostitution-related crime can result in serious criminal consequences as well as devastating damage to the accused person’s career and reputation. This is especially true if the alleged crime involved a person younger than 18 years old. Read on to learn about prostitution-related crimes in Texas and what you should do if you or your loved one has been accused of this serious criminal offense.

Prostitution According to Texas Law

According to the Texas Penal Code, a person can be charged with prostitution if he or she:

• Offers to engage in sexual conduct or actually engages in sexual conduct with another person in exchange for money or property

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 Posted on March 20, 2020 in Criminal Defense

Crimes against children, such as possession of child pornography, sexual assault of a child, injury to a child, solicitation of a minor, and child trafficking, are some of the most harshly punished criminal offenses in Texas and across the country. Although many criminal charges involving alleged child-related crimes do not result in convictions, some people assume that just because a person was charged, he or she actually committed the offense. However, it is essential that individuals charged with crimes against children remember that they have the same rights as any other criminal defendant. In many cases, understanding and implementing these rights can make the difference between a conviction and an acquittal.

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 Posted on March 13, 2020 in Federal Crimes

The hit movie Catch Me if You Can is based on the incredible true story of Frank Abagnale. In addition to a number of other cons, Abagnale was one of the most notorious check forgers of the 1960s. He created fraudulent payroll checks, printed his own account number on blank deposit slips at the bank, and used other schemes to defraud financial institutions. Abagnale was eventually caught and sentenced to prison. Although it may look glamorous in movies, white collar crimes such as check fraud can result in severe criminal consequences. Check fraud is commonly prosecuted by the federal government and may be punishable by prison sentences up to 30 years as well as extremely steep fines.

What Actions May Be Considered Check Fraud?

Many people have accidentally overestimated their bank account balance and written a check that “bounced” at least once in their lifetime. Mistakes such as these typically only result in a small bank fee. However, when a person intentionally writes bad checks for the purpose of defrauding a bank, he or she may be guilty of check fraud. There are other actions that constitute check fraud, including:

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 Posted on March 06, 2020 in Criminal Defense

There is no doubt about the tremendous influence smartphones have on our everyday lives. The use of text messaging has especially skyrocketed in recent decades. Research shows that over 15 million texts are sent every minute, and this number is expected to continue to increase. The use of text messages to send sexually explicit photographs and messages has been nicknamed “sexting.” Although it may seem harmless, sexting can sometimes lead to child pornography charges and other criminal charges. If you have been accused of creating, distributing, or possessing child pornography, speak to a Texas criminal defense attorney right away so you can start building a solid defense strategy.

Sexually Explicit Photos Between Minors May Be Illegal in Some Situations

Although many parents may not realize it, teenagers commonly send nude photographs of themselves to their peers. They may assume that these images do not constitute child pornography because the images are not being sent to an adult. However, under Texas law, it is illegal for anyone, including minors, to transmit any images or videos depicting a minor engaged in sexual conduct. In some cases, sexting between minors can be considered a class A misdemeanor, punishable by a fine of up to $4,000 and up to one year in jail. The law does provide defenses for those who receive unsolicited photos and for minors who are in a dating relationship, who are within two years of age of each other, and who share the images privately.

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