Law Offices of Frank Jackson

What Is An Affirmative Defense?

2023-05-18T13:22:09Z

When someone wants to defend against criminal charges, they need a strategy. Oftentimes, attorneys will help criminal defendants raise questions about the validity of the evidence gathered by the police or the accuracy of a witness's identification of the defendant. Expert testimony, intense questioning of witnesses and even alibis can play a role in such strategies. Usually, the goal is to raise questions about whether someone played a role in a criminal event at all. Such strategies can work well in some cases, but they aren't necessarily the best option. When there is strong evidence connecting an individual to a specific incident, they may need to pursue a different approach to their defense. Raising an affirmative defense might be an option for those who believe that there is “too much” evidence tying them to a specific criminal incident.

What is an affirmative defense?

An affirmative defense is a strategy that focuses on changing how the courts view or interpret the situation. Instead of proving someone didn't strike another person, for example, the intent is to instead show that the physical contact did not violate state law. Texas has numerous state statutes and previous court rulings that establish special exceptions for criminal laws. For example, behavior that would typically constitute assault may not be technically illegal if someone acts in self-defense. Explaining to the courts that what looked like assault was really an attempt to stop a crime in progress could be a viable defense strategy in some cases. There are numerous affirmative defenses that people can raise in a criminal trial. Temporary lack of capacity, duress and self-defense are among the most common affirmative defenses that people utilize. Instead of trying to prove they didn't break the law, they will try to show that the intent was not to commit a crime. An affirmative defense is only one of many options available to those who face criminal charges and want to avoid a conviction. Learning more about common criminal defense strategies with the assistance of a legal professional may help individuals to choose the strongest and most effective path forward.

Could You Be A Money Mule Involved In Money Laundering?

2023-05-18T13:23:09Z

The concept of a mule is a well-known one, especially in Border states. But some people who travel to other countries and up tricked by others with nefarious intentions into bringing illegal items across the border. What seems like an innocent item might actually contain drugs or other materials that someone cannot lawfully transport into the United States.

Law enforcement agencies have since expanded on the idea of a mule, as there are many ways in which organized criminals might seek to take advantage of those with good intentions. While money laundering often seems like a highly organized and intentional act, individuals and businesses implicated in a money laundering ring may have had no true criminal intentions.

Instead, the business or person implicated is merely a money mule utilized by those engaged in criminal activity.

How do people become money mules?

You run a small shop that depends on repeat business from people in the neighborhood. One of your regular customers starts asking for prepaid credit cards so that they can make purchases online because all they have are cash or they want to send cash to someone elsewhere without providing many details about themselves.

Offering such services seems like a great way for your store to make some money in a situation where otherwise you would have no part in the transaction. However, the individual in question and many others start buying multiple cards a week or sending hundreds of dollars at a time. It may become a major source of revenue for your business, which seems very positive.

That is, until investigators show up and accuse you of helping those reselling stolen merchandise or running a prostitution ring to hide the source of their money. Money mules often simply offer services to others while expecting that the other party will act in good faith. They end up falling victim to their own naivete and to the criminal intentions of other people.

Technical participation does not necessarily make you a criminal

While you may have transferred money for individuals who wanted to make ill-gotten funds look legitimate, you did not understand that that was their intention. You only wanted to offer a service to the community that would help your business continue generating profit and bringing people into your facilities.

The burden of proof will be on the prosecutor to establish that you intentionally profited off of criminal activity and helped others hide the origins of their resources. There are numerous other ways in which someone could end up implicated in a money laundering scheme without ever intending to break the law or realizing what the other people involved had done.

Discussing the situation that led to your white-collar criminal charges with someone familiar with the law can help you look into defense strategies for court.

3 Actions That Could Lead To Assault Charges In Texas

2023-05-18T13:31:00Z

Assault charges are some of the most common violent criminal offenses that the state prosecutes in Texas. Despite how common the offense is, many people have an over-simplified idea of what constitutes assault. Many people think that assault scenarios are black and white with one party obviously harming the other. The first and best-known definition of assault involves a person intentionally causing physical harm to another, possibly by striking them or shoving them down the stairs. However, there are two other scenarios beyond intentionally causing physical harm through direct contact with another person that could lead to assault charges under Texas law. What are the two other definitions of assault?

Putting someone in fear for their immediate safety

Assault is as much about the fear of harm as it is about the injury someone suffers. Whether you verbally threaten someone during an argument, type out a lengthy screed online or pull your fist back as though you intend to strike someone in the face, the implied threat could constitute assault. Even if you did not intend to follow through on the threat, it will be the perception of the other party that determines if the situation is assault or not. Texas can prosecute individuals for assault when their words or actions put someone else in fear for their immediate physical safety. In-person interactions as well as text messages and social media conversations could lead to assault allegations under Texas law.

Touching someone in an offensive or provocative manner

The third definition of assault under Texas state law applies to physical contact intended to offend another person. Touching someone on their genitals could be an example of a provocative or offensive touch. An unrelated man intentionally making contact with a Muslim woman could be another example. Depending on the legal basis for the assault charges against you, there could be multiple defense strategies that might work in your case. You could provide an alibi in a case of mistaken identity or possibly provide evidence that the other party struck you first and you merely acted in self-defense. Educating yourself about what can be an important step if you want to defend against allegations that you assaulted someone else.

3 Workplace Mistakes That Could Lead To Embezzlement Charges

2023-05-18T13:25:13Z

Employers often place a significant amount of trust in their white-collar employees. Executives, managers and even accounting professionals have access to financial accounts and other valuable company resources. Although you may not intend to do anything unethical or illegal, some of your behavior could lead to allegations of embezzlement. While people often think of embezzlement as someone writing themselves unwarranted checks from a company account or stealing money, there are multiple seemingly minor behaviors that can lead to embezzlement accusations in addition to outright theft.

Submitting personal receipts for reimbursement

Your employer may offer reimbursement for certain expenses, like educational materials or travel accommodations. There is nothing inherently wrong with making use of those benefits appropriately. However, if you submit receipts for personal expenses to the company as though they were incurred as part of your job, the company could eventually hold you accountable for all of those personal expenditures.

Misusing a company credit card

If you have to provide detailed store receipts to your employer for reimbursement, you know that someone will look over and scrutinize each claim that you make. When you have access to a company credit card, however, you might easily fall into a habit of using it for a combination of personal and business expenses without thinking much of that decision. Although the company will, in theory, only receive notice of the amount that you spent and the company where you spent that money, they can request detailed invoices that could help them uncover unscrupulous uses of your business expense card.

Using company property for personal purposes

Whether you keep your company fleet vehicle for a weekend when you intend to take your kids on an interstate road trip to avoid putting the wear and tear on your own vehicle or you bring home one of the older company laptops from the IT department for personal use, your possession or misappropriation of valuables physical property could also constitute embezzlement. Those who work in a retail setting could also face embezzlement accusations if they indicate that they transferred and destroyed old inventory but actually kept those assets for personal use or resale. Any of these behaviors might make your employer question your ethics or bring criminal charges against you. Understanding the various behaviors that put you at risk of embezzlement charges can lead to better decisions at work.

The Elements Of A Conspiracy Crime Under Federal Law

2023-05-18T13:25:36Z

For almost every crime on the books of the federal criminal code, there is a version of committing a crime without actually doing it. Conspiracy crimes are a way of putting people in prison when no actual crime has been committed. In the law, a criminal conspiracy involves two elements:

Two or more people agree to commit a crime
At least one of those people takes a step toward committing the crime (even if that step is not illegal in and of itself)

Proving federal drug trafficking charges requires proof that a defendant sold or distributed a controlled substance. But a drug trafficking conspiracy involves much less. All prosecutors must prove is that at least two people agreed to sell drugs and that one or both of them did something toward that plan. This could be as simple as making a phone call or asking someone to borrow their car. And whether you were the one who took action or not, you are equally on the hook for the conspiracy.

The sentence can be the same

It's important to note that federal law punishes drug conspiracies the same way it does actual drug crimes. A conspiracy crime carries the same sentence as the underlying offense. Even if your part in the alleged conspiracy was very minor, you could serve the same amount of time as if you actually committed the crime the conspiracy centered around. Clearly, you must take conspiracy charges very seriously. Finding the right defense attorney will go a long way to reaching the best possible conclusion and preserving your civil rights.

Charges You Could Face For Transporting Drugs Across State Lines

2023-05-18T13:27:37Z

If you are facing the prospect of criminal prosecution, you probably want to know exactly what your charges may be, and the consequences that you could face upon conviction. While state laws vary quite a bit in terms of criminal punishments, federal law also plays a role in crimes involving drugs that cross two states’ border.

Federal crimes

Transporting illegal substances from state to state falls under federal jurisdiction. This means that you could face charges for federal crimes independently from any state laws that you may have allegedly violated. This is because violations of federal law are always federal crimes, even if they occur entirely in one state. Crossing state lines with a large amount of drugs is a separate federal offense, in addition to a probable violation of both states’ laws.

Difference between drug possession and trafficking

Whether the prosecutor decides to charge you with drug possession or drug trafficking depends entirely upon the circumstances surrounding your arrest. If the police claim to have found you with a small amount of drugs on your person, enough for one person to use, then you’ll likely face possession charges. Prosecutors bring trafficking charges when they allege that there is evidence that supports their claim that the defendant intended to sell drugs. This type of evidence might include having a large quantity of the drug in the defendant’s possession or having unusual amounts of cash on hand. If the prosecutors successfully convict someone of drug trafficking charges, their jail time could vary wildly depending upon the type and quantity of drug they had in their possession. Different types of drugs carry different penalties, and the quantity of the drug can increase the jail time as well. When facing potential jail time and fines, it’s important to remember that the fight is not over yet. You are innocent until proven guilty, and you have the opportunity to prepare a defense to the charges with your attorney.

Methamphetamine Charges Are Serious, So Be Prepared To Fight

2023-06-28T16:53:54Z

Getting caught making methamphetamine in Texas may lead to serious penalties like heavy fines and time in prison. That’s why it’s so important for you to make sure you defend yourself against any allegations you face. The penalties that could be imposed will be based on the amount of the drug in your possession as well as if you intended to distribute or have distributed it. Manufacturing meth is going to lead to more serious charges than simply possessing it in many cases. In fiscal year 2018, there were 69,425 cases of methamphetamine trafficking in the United States. There were three parts of Texas, the Northern, Western and Southern Districts, that were among the top five districts for methamphetamine trafficking offenses in the country.

Methamphetamine possession isn’t always illegal, but manufacturing it is

If you don’t have the right licensing to be manufacturing methamphetamine in an approved laboratory, then you could find yourself facing serious allegations. While methamphetamine is used for some medical purposes, possessing a controlled substance without a prescription or being an authorized person is against the law. If you’re accused of manufacturing and trafficking methamphetamine, you need to have a strong defense. It is more difficult to defend against allegations of manufacturing meth if the tools used to make it are found in your home or a property that you frequent, but it is possible. If you had no knowledge that the drug was being manufactured in your home or you didn’t know that you had it in your possession in your vehicle, for example, you may have a good defense. Additionally, it’s possible to look into aspects of the case such as if the police entered a property legally and if the evidence is still in their possession. It’s important, and responsible, to make sure that the police have followed the law while searching your property. If not, then the evidence may not be admissible. These charges should be taken seriously. If you’re facing charges, it’s time to look into your legal options for a strong defense. The penalties could be severe upon conviction, so it’s worth fighting to have the charges reduced or dropped.

What Counts As Credit Card Fraud And What Are Its Penalties?

2023-05-18T13:28:32Z

In Texas, credit card fraud has serious consequences. The punishments for this crime include imprisonment and fines, which can be harsher for those who steal a credit card from an elderly person. However, stealing a credit card is not the only way in which a person can commit credit card fraud.

Credit card fraud in Texas

Credit card fraud is the most prevalent type of identity fraud. A person commits this crime when they use someone else’s credit or debit card to obtain property or money without their consent. A person is also guilty of credit card fraud if:

They bought a credit card from a person that is not the issuer of the card
They stole and then sold the credit card of another person to a third party
They forced the credit card owner to buy them things or property they cannot afford
They possessed the credit card of another person with the intent to use it
They used a fictitious credit card
They used a credit card with the issuer’s consent but did not buy what they promised they would with their credit card
They used a credit card that they knew was revoked, canceled or expired.

The courts consider this crime a state felony or a felony of the third degree, depending on who the victim is. If the card's issuer is an elderly person, the crime is a felony of the third degree. The same applies if a person uses a weapon or force to commit the crime or has a previous conviction of a felony.

Penalties

The law in Texas considers credit card fraud as a state jail felony unless the victim is an elderly person. The punishments for a state jail felony include a term of imprisonment of up to 2 years and a maximum fine of $10,000. Third-degree felonies are more serious, and so are their penalties. Those convicted of a third-degree felony may spend up to 10 years in the Texas Department of Criminal Justice and pay a fine of up to $10,000.

The right to defense

Anyone who has a criminal charge for credit card fraud can defend themselves in court. One must know that a charge does not necessarily lead to a conviction, and those with a criminal charge have the right to prove their innocence to the court. A person may not be guilty of this crime if, for example, they keep someone else’s credit card with their consent and without the intent of using it for fraudulent purposes. If someone is innocent of this crime, they have the right to fight for their freedom and avoid the harsh penalties that come with the conviction of credit card fraud.

Police Searches And Your Expectation Of Privacy

2023-05-18T13:28:50Z

The United States Constitution grants you certain rights when it comes to your interactions with the police, and it gives you certain recourses if they violate those rights. One of the most important rights you have is the right to be free of unreasonable searches and seizures. It’s important to know when that right applies, and how your expectation of privacy ties into those rights.

The Fourth Amendment

The Fourth Amendment to the Constitution grants you protection against the police searching your person or personal items for no reason. Before they conduct a search, the police must have reasonable suspicion that the search will reveal evidence of a crime – and they must be able to back up that suspicion with facts and observations, not just with a hunch. The important part about this Constitutional protection against illegal searches and seizures is that it only applies when you have a reasonable expectation of privacy. This expectation can be somewhat subjective, but the Supreme Court has offered guidance on some places where people typically expect to have more privacy than other places.

Expectation of privacy

The Court has recognized that your home is the most private environment that you have. Thus, the police need a court to duly issue a valid search warrant, based on probable cause, before they can search your home without your permission. You also might have a more limited right to privacy in your workplace, depending on the type of industry you work in. When it comes to your car, the situation becomes a bit more complicated. On one hand, cars have transparent windows and travel on public roads. Thus, you can’t expect your activities and the contents of your car to remain private, since everyone can see it without even opening your door. However, you do have a limited expectation of privacy in objects in your glovebox, trunk and any closed containers in your car. This means that the police cannot search your car without your permission, unless they have probable cause. However, if there is evidence of a crime clearly visible on your car seat or dashboard, that will be enough to give the police the probable cause necessary to search the rest of your car and seize any evidence they find. The Constitution’s protection of your right to privacy is essential to your ability to protect yourself against police overreach. That’s why it’s essential to know when and where these rights apply.

3 Ways To Respond To Allegations Of Murder In Texas

2023-05-18T13:29:18Z

For many people, there is no criminal charge more serious than murder. Murder is a form of criminal homicide, which involves someone ending the life of another person. Prosecuting someone for murder is a way for the state to create accountability for personal behavior and to seek justice on the part of the deceased and their surviving family members. Unfortunately, in the eager pursuit of justice, innocent people sometimes wind up wrongfully implicated in the death of another person. Those accused of murder are often afraid of the consequences, given that Texas is a capital punishment state. Defendants might consider pleading guilty to a crime they didn't commit out of fear of the possible sentence. Knowing some of the different defense strategies available can help people make a more rational decision when responding to pending charges.

Find ways to challenge the evidence or the arrest

The evidence presented by a prosecutor has to be strong enough to convince a jury of someone's guilt beyond a reasonable doubt. That means that a defense strategy only has to generate a reasonable doubt about the accuracy of the prosecutor's case to be successful. You may be able to challenge evidence because of improper handling, contamination or even questions about the validity of the state's interpretation of the evidence. You could also challenge the arrest if police officers did something inappropriate before or during the arrest. Even a confession might not be admissible in court in some cases, like if an officer did not Mirandize someone under arrest before interrogating them.

Assert an affirmative defense

Perhaps you did what the state alleges but were not acting with criminal intent. Perhaps your actions were actually self-defense. An affirmative defense involves conceding that you did what the prosecutor alleges but creating a different narrative that makes your actions no longer criminal.

Undermine the state's theory of the crime

Prosecuting a murder means creating a story with a specific timeline of events. If you can pull apart pieces of that story, you can potentially demonstrate your innocence. For example, if you can prove you were meeting up with an old friend for lunch at the time of the alleged offense, demonstrating that you weren't present could be enough to prove you didn't commit the crime. You could also try to go through medical records or other personal documents that you are not capable of committing the crime in question. Showing that your background or relationship with the deceased person is different than what the prosecutor claims could also help.