Fraud can mean many things, but for our purposes it involves an illegal act as defined by state or federal law. Almost a century ago, the Supreme Court of the United States (SCOTUS) explained that to commit the crime of fraud is “to defraud” someone, by “… wronging one in his property rights by dishonest…
Share ThisDrug arrests in the State of Texas can be based upon either federal or state drug laws. These are crimes defined within two completely separate jurisdictions needing distinctly different defense strategies. From a criminal defense perspective, the outcome can be very different for someone arrested for state drug crimes compared to those who are charged…
Share ThisArrests are not the same as being charged with a crime. For instance, a police officer (or sheriff’s deputy or state trooper) can pull someone over here in Texas and place them under arrest. Here is when the Miranda rights must be given to the accused, which include explaining that the person has a right…
Share ThisAllegations of sex crimes under either state or federal law can destroy lives, even before charges are filed. A single sex crime conviction can follow someone for the rest of their days. The need for a vigorous and aggressive criminal defense cannot be underestimated. What is a Sex Crime? It’s not that easy to define…
Share ThisTexas Penal Code Amended to Address Human Sex Trafficking Over the Internet Human trafficking laws exist at both the federal and state levels; anyone arrested on these charges faces serious felony time if convicted. However, the reality has been that federal prosecutions have been fiercer and with more bite than those charges at the state…
Share ThisMr. Lowe’s client was investigated by the Fort Worth Police Department (FWPD) officer assigned to Crimes Against Children Unit who was conducted an investigation of a peer-to-peer file sharing network. The file sharing network being investigated was called eDonkey. eDonkey required its users to download file sharing software called Shareaza. This software enabled the users…
Share ThisFederal Sentencing Guideline 2B1.1 explains how to calculate monetary loss in a variety of crimes, such as tax evasion, structuring, wire fraud, money laundering, and mortgage fraud. Financial crimes prosecuted by the federal government usually involve a lot of money that builds into a large economic loss for its victims. Criminal creativity being what it…
Share ThisDo Revenge Porn Laws Violate the First Amendment? Sexual Photograph Crimes and Free Speech Today, smart phones have made it so easy to take photographs or make videos that the temptation to capture images of a sexual nature is often overpowering for some people. These images can then be readily stored – and shared –…
Share ThisBuzzFeed, working with Injustice Watch, recently published an article entitled “Good Day for a Choke Hold.” Written by Emily Hoerner and Rick Tulsky, the piece invites readers with the caption, “[a] review of the Facebook accounts of thousands of officers around the US — the largest database of its kind — found officers endorsing violence…
Share ThisIn Texas, arrests are made by both state and federal law enforcement asserting violation of various crimes involving the human trafficking of individuals, with many of these cases alleging the sex trafficking of minors (those under the age of 18 years). For more on the various crimes involved in the trafficking of humans in Texas,…
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