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Texas white collar crime defense lawyerWhereas they were once settled in civil courts, these days white-collar crimes have become increasingly more common as many law enforcement agencies, including the FBI and the CIA, as well as the general public, seek justice for higher-brow financial crimes in which the accused might be bilking hundreds of thousands of dollars or more from their clients or other victims. In the case of mortgage fraud, both white-collar criminals and the average person might be accused of it.

Mortgage Fraud Defined

Mortgage fraud, a type of financial institution fraud (FIF), is defined by the Federal Bureau of Investigation (FBI) as: “Some type of material misstatement, misrepresentation, or omission in relation to a mortgage loan that is then relied upon by a lender.” This deceptive practice of mortgage fraud then causes the bank to make a decision about the loan that could be in the favor of the offender even though he/she used deceptive means to influence such a decision.

These significant mortgage decisions include but are not limited to:

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Texas criminal defense attorneyWith regards to criminal law, a basic fact is that misdemeanors are not as serious as felonies. That is why a crime such as failure to stop and render aid (FSRA) can be considered a felony and has even been elevated to a more serious offense than it used to be within the last decade. If you were to review this charge by its wording alone, you might assume it is merely about being a good Samaritan. However, it is actually much more serious than that. Essentially, “failure to stop and render aid” means you did not follow the law in how you dealt with what seems to be a hit-and-run accident, be it one that involved people, damage to other cars, or damage to property. Here are further details about the definition of FSRA and its associated penalties when someone is injured or killed.

FSRA Defined

Regarding the most serious of the duties following an accident, the FSRA law, or those duties after a serious accident involving personal injury or death as noted in Sec. 550.021 of the Texas State Transportation Code, people must meet all of the following requirements if they are to be absolved of any FSRA allegations:

  1. First, the person driving a vehicle that is involved in an accident must immediately stop driving at the scene of the accident or as close to the scene as possible.
  2. If the driver does not stop right away, the driver must immediately return to the scene of the accident.
  3. Once at the scene, the driver must immediately discern if the other person was indeed involved in the accident.
  4. If that person was involved in the accident, the driver must evaluate the other person’s condition to determine if he/she needs aid.
  5. After that, the driver must stay at the scene of the accident until the proper authorities arrive and assess the situation (the police, the EMS, etc.), including taking statements and providing aid.

To be considered as someone who committed an offense with regards to this FSRA, the driver must have not stopped or complied with the aforementioned requirements.  

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Texas criminal defense attorneysWhen you are on probation for a crime, especially with time already served, you will want to do anything to avoid any additional penalties or jail time. Despite this fact, no matter your most valiant efforts, you might end up finding yourself on the other end of a motion to revoke probation (MTR) issued by your probation officer. This is part of the reason why you must always be on such good behavior if on probation. Yet, if you deviate even to the slightest degree and do something illegal, you could be faced with an MTR. 

A Brief Overview of Motions to Revoke Probations in Texas

A motion to revoke probation will generally be filed when you commit any crime under the supervision of a probation officer. In general, the probation supervisor makes the decision to file this motion based on behavior the officers observe themselves or note from others, be it police or other witnesses to the crime(s). It is easy to forget that even though you are on probation and in the real world, you are still not entirely a free individual as your behavior seems like it is held to a higher standard than most average civilians, especially since your behaviors and actions are being documented by a probation supervisor often. 

Possible Complications in the Texas Motion to Revoke Probation Process

As is the case with most legal situations, there is often something or a few things that make your case particularly complex or complicated, requiring the assistance of an especially knowledgeable, talented, and experienced lawyer. Possible complexities for your lawyer to deal with during your motion to revoke probation case are:

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Posted on in DWI / DUI

Child Passenger Makes DWI Offense a FelonyThere are several aggravating factors in driving while intoxicated cases that can lead to harsher penalties if convicted. Child endangerment is one of the most serious factors because it involves your responsibility to protect the children in your vehicle. A DWI charge that is normally a misdemeanor becomes a felony when children are involved. Beyond criminal ramifications, your fitness as a parent will come into question. DWI with a child passenger is a serious offense that can disrupt your family if not successfully contested.

Arrest Standards

A passenger qualifies as a child in a DWI case if he or she is younger than 15. A child only needs to be present in the vehicle during your suspected DWI incident in order for a DWI with child passenger charge to be filed. If the child was injured during the incident, that may result in a separate charge of intoxication assault with serious bodily injury. When a child is involved in a DWI incident, Texas law states that the officer must take a blood or breath test to determine your blood alcohol content. DWI lawyers advise that you refuse the test because of the incriminating evidence it can provide. However, refusing the test may result in additional charges. An officer can legally compel you to submit to a test only if he or she first produces a warrant. A warrantless test is unconstitutional in most cases, and the result from the test may be dismissed in court.

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Texas Considers Easing Up on Marijuana LawsAs several states have eased up on punishments for marijuana possession and expanded its legal use, Texas lawmakers are proposing changes to its marijuana laws that could decrease the number of criminal drug charges. Texas is known for having strict marijuana laws:

  • Possessing any amount of marijuana weighing 2 oz. or less is a Class B misdemeanor, which can result in up to 180 days in prison and a $2,000 fine.
  • Texas passed a 2015 law that gives medical patients access to use low-THC cannabis, but physicians can only prescribe it to patients diagnosed with intractable epilepsy.

Lawmakers have presented more than a dozen marijuana-related bills in the Texas legislature, but two are getting the most attention. They are a long way from being voted on and will face opposition from conservatives in the legislature. However, advocates for marijuana law reform hope the bills will at least continue the conversation towards eventual changes.

Texas House Bill 81

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Office

Bexar County

In the historic King William District

1011 S. Alamo,
San Antonio, Texas 78210
210-226-0965
888-726-5625 Toll Free
210-226-7540

Office

Guadalupe County

109 Court Street,
Seguin, Texas 78155
830-372-1522
888-726-5625 Toll Free