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Texas white collar crime defense attorney White-collar crimes refer to various criminal behaviors typically committed by business professionals. One widespread example of a white-collar crime is mortgage fraud, which is any misstatement of information used by a lender when funding a property. Mortgage fraud is becoming increasingly prevalent in Texas and across the United States. It is essential to understand how mortgage fraud is committed, its penalties, and how to prevent prosecution in the event that you are accused.

Ways Mortgage Fraud is Committed

Individuals can commit mortgage fraud in a variety of ways. A homebuyer, seller, real estate agent, or lender can misrepresent information at any stage of the process of obtaining a mortgage. In the most common type of mortgage fraud, an entity involved in the mortgage process may choose to omit financial information, misrepresent costs, or falsify a buyer's ability to apply for a mortgage. Prosecutors can find fraudulent statements in:

  • The application for a mortgage loan
  • The property title
  • Tax or credit forms 
  • Income confirmation 
  • Opinions on the value of the property

Individuals may hide information or misrepresent financial statements to obtain a property they otherwise could not have afforded. This is not uncommon for homebuyers who inflate their income statements to get a home loan, but this behavior can occur for many different reasons. 


b2ap3_thumbnail_shutterstock_227599924.jpgAfter being charged with a crime in Texas, some offenders will be released under a period of supervision called probation. Probation is used to ensure that a person previously sentenced for a crime is following the law. A probation officer is assigned to an individual to monitor his or her progress after incarceration or probation may be used as an alternative to incarceration for a crime. When that individual fails to maintain the probation order and breaks the law, the state of Texas can make a motion to revoke the probation. However, individuals who feel they had their probation revoked unjustly may have a case to defend themselves and maintain their probationary period. 

Reasons Probation May Be Revoked

If an individual violates their probation, the state of Texas will file to have the probation removed. The process is done by filing a formal document called the Motion to Revoke Probation, which includes the incident that led to the revocation. Typically, any law-breaking activity can result in a loss of probation. Some of the most common reasons probation is revoked include:

  • Failure to pass a drug test


b2ap3_thumbnail_shutterstock_1996925273.jpgIt is common knowledge that drinking and driving is illegal and can lead to a DUI. But what are the drinking laws related to boating? In the state of Texas, drinking and boating can lead to a BWI (boating while intoxicated). As the excitement of spring lingers and Texans prepare for warmer weather, it is important to understand the drinking laws while boating in Texas. 

What is a BWI?

Just like a DUI charge (driving while intoxicated), a boating while intoxicated, or BWI, charge has similar consequences including license suspension, fines and even jail time. However, there are important differences to remember between drinking laws in a motorized vehicle and a watercraft. 

In a car, it is illegal to have an open container of alcohol. A driver can be arrested in Texas for having open alcohol in his or her car. But this law does not apply to boating. You can have open alcohol on the boat as long as the boat driver is not over the legal limit of intoxication when driving. Texas law considers someone legally intoxicated when their blood alcohol level (BAC) reaches 0.08 percent or above. A breathalyzer test can be administered on the water by a policing boat to determine a boater’s BAC. 


b2ap3_thumbnail_shutterstock_110787524.jpgBeing charged with DWI/DUI is very serious, but an intoxication manslaughter charge in Texas is considered the most severe of toxication-related offenses. Intoxication manslaughter occurs when someone operating a motor vehicle is under the influence of drugs or alcohol and causes an accident, resulting in the death of another. This type of occurrence can be life-altering for all parties involved. Hiring an experienced attorney that can help you understand the circumstances stemming from such a severe charge is imperative because of the penalties and fines you would likely face.

What Does Intoxication Manslaughter Mean?

Even if there was no intent to harm anyone and the car wreck was purely accidental, you could still be charged with intoxication manslaughter. There are a variety of charges that can be filed when an impaired driver causes an accident involving a serious injury or death, including:

  • Intoxication Manslaughter - This offense, specific to the state of Texas, is when a vehicle accident involving a death is caused by a driver who is under the influence of drugs or alcohol


Beating a DWI Charge in Texas

Posted on in Criminal Law

texas defense lawyerBeing charged with a DWI or DUI is never an ideal situation to be in, but understanding your legal rights and hiring the right DWI/DUI defense attorney can help you build a strong defense. Your lawyer will make sure that the traffic stop was justified and may challenge the accuracy of any field sobriety tests and breathalyzer tests. Even though these tests are commonly used by police, there are instances where they are given under unreliable circumstances. Being placed under arrest and charged with DWI can turn into a battle that lasts for months or even years, but following the correct steps could help pave the way for proving your innocence.

Illegal Traffic Stops

A police officer cannot pull over a vehicle unless he or she has probable cause to do so. For example, police may witness a traffic violation or see possible evidence of intoxicated driving like weaving between lanes.  Police also need probable cause to arrest a suspect. If the police do have a valid reason to pull you over, they still cannot perform an illegal search of your vehicle. Police are prohibited from searching a suspect or their vehicle over a minor traffic offense probable cause. Any evidence collected without the driver’s consent or probable cause is not admissible in court.

Standardized Field Sobriety Tests

Officers have various methods they use when performing a field sobriety test, but the results of the tests do not always stand up in court. The most common standardized tests given to suspects include walking in a straight line, standing on one leg and counting, and the horizontal gaze nystagmus (HGN) test. The HGN test is when the officer observes the eyes of a suspect as they follow a pen or flashlight.



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San Antonio, Texas 78210
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