Criminal Defense - Page 5
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location1433 3rd St, Floresville, TX 78114

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TX defense lawyerMoney laundering is the process of making money acquired through illegal means appear legitimate. The “dirty” money is transformed into “clean” money in the hopes of avoiding criminal culpability for the illegally obtained funds. Money laundering is a crime punishable by jail time and other serious penalties. However, some people involved in money laundering schemes are not even aware that they are committing a crime. They may believe that they are working a legitimate job or even that they received a stroke of good fortune.

Read on to learn about some of the most common money laundering scams and how people get caught up in these scams.

Fake Lottery Winnings May Be Money Mule Scams

Finding out that you won prize money in a sweepstakes or lottery is great news. Unfortunately, scammers often use fake prize money to manipulate unsuspecting victims. The victims are told that they must pay some type of shipping and handling fee or tax fee before they can collect the prize money. However, the alleged prize money is fictitious and the victims never receive it. In some fake lottery scams, the victims are even tricked into laundering profits from criminal activities by receiving money and sending it to another party.

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TX defense lawyerTexas has some of the strictest drug laws in the country. Penalties for drug offenses are harsh and often include significant prison time. If you or a loved one were charged with drug possession, drug manufacturing, drug delivery, or another drug-related offense, it is important to understand your rights and options fully. Prosecutors often offer a plea deal or plea bargain to criminal defendants charged with drug crimes. Before you accept a plea deal, speak with a knowledgeable criminal defense lawyer to ensure you make the best possible decision.

Pleading Guilty to a Lesser Charge

People charged with a criminal offense are given the option to plead guilty or not guilty to the crime. Pleading guilty is admitting to the offense. Pleading not guilty means that the person intends to fight the charges at trial. In many criminal cases, the prosecution offers the defendant a plea deal. Essentially, a plea deal or plea bargain is a chance for the defendant to plead guilty to an offense in exchange for some type of benefit. For example, the prosecution may offer the defendant the chance to plead guilty to a lesser criminal offense in exchange for the prosecution dropping the original charges against him or her. The prosecution may also offer a reduced sentence in exchange for the defendant’s guilty plea. The defendant may accept the plea bargain or turn down the deal and take his or her chances at trial.

Advantages and Disadvantages of a Plea Bargain

When an individual is charged with a drug crime or any other criminal offense, they have certain Constitutional rights. Among these rights is the right to a trial. During a criminal trial, a defendant is given a chance to defend himself or herself against criminal charges. The defendant’s lawyer can present evidence, cross-examine witnesses, and make a case for the defendant’s innocence. The jury considers the evidence and arguments presented by the prosecution and the defense and eventually finds the defendant either guilty or not guilty.

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TX defense lawyerIf you have looked up the potential sentences for the crime you have been or may be charged with, you probably noticed that there is a range. For example, the statutory sentence for a given crime might be “2 to 6 years imprisonment,” or “not more than one year in jail and/or a fine of no greater than $5,000.” This is because no two crimes are alike. Even if two people are charged with the exact same offense, there is still the likelihood that the circumstances of one crime are more serious than the other. One person convicted of assault may have caused greater harm to the victim, for example. Judges have quite a bit of discretion in Texas sentencing. Even if you believe that a conviction is inevitable, there is still a lot a lawyer can do to help you during sentencing.

What Kinds of Factors Suggest that Lighter Sentencing is Appropriate?

Circumstances that make a crime less serious than the charge a defendant is convicted of suggests are called “mitigating factors.” If there are a lot of mitigating factors present, the court will likely opt for a sentence that is at the lower end of the statutory sentencing range. Mitigating factors could be the difference between jail time and probation. These factors include:

  • Genuine remorse - If a defendant shows that they are genuinely sorry for committing the offense and regret their actions, the court may not see a need to throw the book at him.
  • Mental illness - When a mental illness, such as a substance abuse disorder or issues like bipolar disorder played a large role in the crime, the defendant may be seen as less responsible for his conduct and a lighter sentence can be used. This is especially true if the defendant is taking steps like going to rehab or seeking mental health care.

What Kinds of Factors Suggest that Harsher Sentencing is Appropriate?

These are called “aggravating factors.” If there are too many aggravating factors, the sentence might be at the upper end of the statutory range. They include things like:

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TX defense lawyerAssault charges in Texas are divided up into different offense levels, from Class C misdemeanors to first-degree felonies. The general definition of an assault under our state’s law is injuring or threatening to injure another person or making provocative or offensive contact with another person. From there, there can be facts and circumstances that make the offense of assault more serious, or less serious. The exact type of assault you are charged with can depend on any number of things. If you are facing any type of assault charge, it is important that you take the situation very seriously. Having even a less serious misdemeanor assault on your record can close doors. Your first step is contacting a good criminal defense lawyer.

What Are the Types of Misdemeanor Assault?

Misdemeanor assault charges are typically brought when the victim had only very minor injuries or no injuries. Common levels of misdemeanor assault charges include:

  • Class C - The least serious level of assault is charged when either a threat was made, or a provocative or offensive, but not harmful, physical contact was made.
  • Class A - Assault is charged as a Class A misdemeanor when the defendant caused some type of bodily injury, but there are no aggravating factors present. Provocative or offensive contact can also be charged as a Class A misdemeanor if certain circumstances are present, like if the victim is a senior citizen.

While not great to have on your record, these types of assault are treated as less serious.

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TX drug crimes lawyerA conviction for drug possession carries some very negative stereotypes. Even if it is not true, you could be labeled an addict or habitual user. You could have trouble finding rental housing because landlords are reluctant to rent to people they suspect may use or keep drugs in the property. Even if you are only charged with a misdemeanor, a drug conviction could have a serious impact on your life. Fortunately, there are a number of strategies an attorney may be able to use to help you avoid a conviction. If you are facing drug possession charges, it is important to speak to a qualified attorney right away.

What Are Some Defenses Used in Drug Possession Cases?

Just because there were illegal drugs in your vicinity does not necessarily mean that a possession conviction is a sure thing. Some defense strategies your lawyer may use include:

  • Illegal search - The Fourth Amendment to the U.S. Constitution bans unlawful searches. Any evidence found during an unlawful search cannot be used against you in court. Your lawyer will evaluate the circumstances under which you were found with drugs in your possession to determine whether the police had a legal right to search you.
  • Legal possession - It is legal to possess your own prescription drugs. People with prescriptions for a narcotic are sometimes arrested in error, particularly when they are carrying pills that are not in the original prescription bottle with their name on it. Compassionate Use Program patients have also been mistakenly arrested for lawfully carrying low-THC products.
  • Lack of knowledge - While the “these are not my pants” defense rarely succeeds, there are plenty of situations in which a person may legitimately not know that there is an illegal substance in their vicinity. This is common in vehicles. If your grandma left her prescription painkillers in your backseat by accident, you might not notice until the police find them. If you are driving a borrowed vehicle, you probably did not search it thoroughly first.
  • Improper testing - DUI cases are often dismissed because the police failed to follow proper testing procedures. Drug cases can be dismissed for the same reason. The state must conduct laboratory testing on the alleged drugs to prove that they are actually illegal substances. In one famous case, a man was arrested for possessing “methamphetamine” that turned out to be residue from a glazed donut.
  • Diversion - In some cases, your best option may be to enter a diversion program. In this type of program, you may be required to complete rehabilitation and probation, but the case can ultimately be dismissed.

Call an Atascosa County Drug Possession Defense Lawyer

BRCK Criminal Defense Attorneys can defend you if you have been charged with drug possession. Our Jourdanton drug possession defense attorneys are skilled at building strong defenses in drug cases. Call 830-769-1010 for a free consultation.

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