Criminal Defense - Page 3
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location1433 3rd St, Floresville, TX 78114

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TX defense lawyerIf you have been accused of a white-collar crime, you are probably worried about much more than the criminal sentence you could be facing itself. You have probably worked hard to build your career, life, and reputation. Being convicted of a white-collar crime can threaten everything you have worked for over the years. It could also affect not just you, but also your family.

If you are facing white-collar criminal charges, it is important that you find a criminal defense lawyer who appreciates the far-reaching consequences you could face if convicted. A lot is at stake for people accused of white-collar crimes.

What Additional Concerns Might I Have in a White-Collar Crime Case?

People accused of white-collar crimes tend to have one thing in common - they are professionals. Many alleged embezzlers hold trusted positions at large corporations. Those accused of money laundering typically own a business. People who are in a position to commit white-collar crimes in the first place may have more to lose than those accused of street-level crimes like drug possession. If you have been accused of a white-collar crime, consider:

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TX defense lawyerYour spouse probably knows almost everything about you, from your deepest fears to your favorite song. Many married couples share nearly every aspect of their lives and have few or no secrets from each other. If you have been accused of a crime, odds are, your spouse knows something about that too. You may be worried about the potential impact of having your spouse testify against you, not just on your case but on your marriage as well.

Luckily, Texas law carves out a few exemptions to protect married couples from having to testify in proceedings against each other and limiting the scope of questioning if they do. A qualified attorney can help you better understand whether your spouse may have to testify, and if so, about what.

What Two Texas Rules Protect Spouses from Testifying Against Each Other?

In Texas, there are two distinct rules that protect married couples from having to incriminate each other. They are:

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TX defense lawyerThe definition of a “burglary” can vary wildly between states. The general consensus is that burglary is a felony committed when a person breaks into a structure intending to commit another crime inside. Some states are very specific about what type of structure is covered under the burglary statute. Others are particular about what type of crime the offender must be planning to commit once inside. If you have been accused of committing burglary, you may have a lot of questions about why you have been charged with this crime. It is best to speak to a criminal defense attorney who can assess how the Texas burglary statute applies to your case and begin preparing your defense.

What Is the Legal Definition of Burglary in Texas?

In Texas, burglary means unlawfully entering or staying in a building with the intent to commit theft, assault, or any felony. Traditionally, people think of burglaries as being limited to home invasions for the purpose of stealing a family’s things. However, the legal definition of burglary in Texas is not nearly so limited. The building or structure targeted need not be a residential dwelling - retail stores, financial institutions, office buildings, or any other public or private building may count for the purposes of a burglary charge. Even a vehicle like an RV or camper that is designed for use as temporary accommodations.

Intending to commit a crime inside is another important element of burglary. Theft, assault, or any felony can count as the planned crime for purposes of a burglary charge. This is where some defendants may become confused about why they are charged with burglary. Many believe that if they did not mean to take anything or hurt anyone, they are not committing burglary. However, felonies like selling narcotics and stalking-related offenses are routinely committed inside structures that no one had a legal right to be in. In Texas, that could be a burglary.

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TX defense lawyerFamily violence accusations are serious. Even if it is charged as a misdemeanor assault family violence rather than a felony, the stigma associated can limit your future career, educational, and social opportunities. False accusations of intimate partner violence are extremely common, however. The reasons people make these kinds of allegations are numerous. Whatever happened, you are now facing a very serious charge - for something you did not do. If this is happening to you, you will need to get in touch with an aggressive criminal defense attorney soon to give you the best chances of clearing your name.

Why Do People Make False Family Violence Claims?

You may have been completely blindsided by your arrest. You know you did nothing wrong, but you are still facing a terrifying prosecution. There is no good reason for filing a false police report alleging an assault that never happened, but common reasons include:

  • Divorce - Angry spouses looking to get an edge in the divorce proceedings sometimes falsely claim that their partner was violent. This is especially likely when there are children involved, as one parent may accuse the other of violence in an effort to gain sole custody.
  • Self-defense - Police officers arriving on the scene have extremely limited background information. It is not uncommon for them to make a big mistake and arrest the victim, who was merely trying to defend herself.
  • Spite - After a difficult breakup, or even during a big fight, people will sometimes accuse their partner of attacking them out of sheer spite. In this type of situation, the accuser often calms down the next day and wants the charges dropped - but it might be too late for that.

What You Can Do if You Are Falsely Accused of Family Violence

Facing this type of accusation is frightening, and the situation may feel hopeless. There are, however, a few steps you can take to minimize your risk, such as:

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Posted on in Criminal Defense

TX defense lawyerTexas boasts some of the nation’s harshest laws regarding prostitution. As of September 1, 2021, we became the first state to make the crime of purchasing sex from a prostitute a felony. As for prostitution, it can be charged as a felony or as a misdemeanor depending on the circumstances. Either way, a prostitution charge will have a serious impact on your life. Undercover stings where police pose as interested buyers (“johns”) are one of the most common ways people get arrested for prostitution in Texas.

Many people who are caught up in a prostitution sting, whether they are guilty or not, immediately think of entrapment as a possible defense. However, the defense of entrapment requires a very high bar to be met. If you were arrested during a prostitution sting operation, you will want a strong legal advocate to stand between you and the prosecutor. Texas sentencing can be notoriously harsh for sex crimes.

What is Entrapment?

In Texas, an entrapment defense can be raised when “engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.” This means that the crime must have been the police officer’s idea, not the alleged prostitute’s. Merely offering someone the opportunity to commit the crime of prostitution - for example, by offering cash in exchange for a sex act - is not enough. If you accept such an offer, the court will assume that had your client not turned out to be a police officer, you would have engaged in prostitution with a different, legitimate client.

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