Sunday, January 12, 2014

Houston - Pyramid Schemes for white collar crime

Committed by high-ranking officials like government professionals and entrepreneurs, white collar crimes, in general refers to financially motivated non-violent crime. Following are some of the white-collar crimes and it includes:
·         Fraud
·         Bribery
·         Ponzi schemes
·         Insider trading
·         Embezzlement
·         Cybercrime
·         Copyright infringement
·         Money laundering
·         Identity theft and
·         Forgery
To form a pyramid scheme in Texas, Houston is against the law.  Classified under the category of investment fraud, carried out over a digital medium such as an e-mail, there are many people who will create forged schemes in order to make money. The process is to send emails declaring that the recipient will get massive returns on small investments if they can make a payment to a business venture. As a result, many people will invest into the proposed business plan thereby making others invest as well. Based on the number of people recruited, investment scheme’s amount of money will cultivate. Ultimately, on the other hand, the entire scheme subsides as the money was not being invested in any firm plan; thereby leaving all victims with no money.

To create, prepare, sell, operate, advertise, or promote a pyramid scheme in Texas is against the law. People who are convicted in association with a pyramid scheme will have a state jail felony on their trace which means 180 days and two years in a state prison and a fine of up to $10,000.   


If you are accused of this deceptive practice then you need a professional Houston based criminal attorney who will help you prove innocent of the crime. 

Monday, October 21, 2013

“Procedure for criminal cases in Texas”

In our day to day lives laws pervade through each facets. In support of every movement undertaken there is a law flanked by a defendant and a claimant. Legal procedures apply to all! Applicable to every single action, even criminal cases has some set of procedures.  

Legal procedures associated with criminal cases have developed over centuries. A separate set of procedures are followed from arrest to trial. In view of the fact that, a majority of the states have similar procedures there are certain differences that comes within the circle. Criminal defendants are provided with certain procedural rights, complying with laws, following are some of them explained.  

For an arrest, a warrant is necessary. When the law enforcement has likely cause to believe that a crime has been committed then the person can be arrested. On the other hand, misdemeanor arrests can only be made if the official observes the commission of the crime.

An arrested person has all rights to be informed about Miranda rights, following are some of them:

  • Right to remain silent
  • Statement from the accused will be used against them
  • Throughout questioning an attorney may represent them, and
  • If destitute, a lawyer may be appointed for them.

Sunday, October 6, 2013

Crime and punishment in texas

Texas laws currently recognize five types of felonies and three types of misdemeanors. Every crime in the TPC is classified as one of these eight types.

Felonies

The different types of felonies are capital, first degree, second degree, third degree and state jail. The most serious offense is capital felonies.

Misdemeanors                                           

The three types of misdemeanors are class A, B, and C. Misdemeanor sentences are serve in county jails.



Offense


Punishment
Capital Felony
Execution

5 to 99 years, $10,000 fine

2 to 20 years, $10,000 fine

2 to 10 years, $10,000 fine

180 days to 2 years, $10,000 fine

Up to one year, $4000 fine


Up to 180 days, $2000 fine


$500 fine

Wednesday, September 18, 2013

Criminal Investigations Division in Texas

It was during 2009, the department of public safety created (CID) criminal investigation division as part of a major streamlining of the department.          Categorized into four sections, the criminal investigation division formerly consisted of 800 members, together with 654 commissioned officers and 146 civilian support personnel. Its specialized sections include:
·         Gang program
·         Drug program
·         Special investigation program
·         Investigative support section
The aforementioned sections toil together to prevent, curb and get prosecution for crimes committed in Texas cooperation.

Multi-jurisdictional violations
·         Fraud
·         Theft
·         Public corruption
·         Gambling
·         Terrorism
·         Narcotics
·         Motor vehicle theft
·         Counterfeit documents    
Gang program- they work to interrupt criminal organizations that stand for a significant criminal warning to the state. In addition, they monitor sex offenders and take into custody the fugitives who are a threat to citizens.
Coming to drug program, they are charged with general direction of the state’s enforcement efforts in opposition to unlawful drug trafficking in Texas. With that said, they also manage the DME program i.e. the Department’s Domestic Marijuana Eradication.

Special Investigations Program (SIS) inspects
·         vehicle theft
·         cargo theft
·         large-scale identity theft
·         Document fraud and other crimes involving organized criminal enterprises. 
Conjointly, they also work to send back stolen vehicles.
Finally the investigative support section, performing varied functions that are highly specialized it can enhance investigative efforts to the highest degree.

Wednesday, July 10, 2013

Types and withdrawal of bench warrant

Bench warrant:

It is a legal document issued by a judge authorizing a person’s arrest.  A judge may issue this type of warrant when a person falls short to act in accordance with a court order or requirement. Law enforcement officers have the authority to pick up the subject of warrant and bring the concerned person to court to address the charges of a bench warrant. Typically, it is used as a tool for fighting contempt of court; a determined disregard of a court order. As a general rule, it is always good to avoid contempt of court anyway, as the penalties can be stern.

To cut it short, bench warrant is a written order issued by judge consent to the arrest of a person charged with some crime, or misdemeanor. 





Bench warrant types:       
                                          
In general these types of warrant orders are either civil bench warrants or criminal bench warrants.  However the warrant is issued when a defendant received a notice to appear in court and failed to do so (it includes civil and criminal). Following are some of the instance when this type of warrant may be issued:
  • A person called to testify before the court and fails to appear.
  • A parent has received a subpoena (A writ ordering a person to attend a court) to appear before a custody trial and does not turn up.
  • A lawbreaker been charged with a brutal traffic violation like a DUI and fails to appear at the listed court date.
  • A condemnation has been unconfined for a person charged with an illicit violation and that person fails to be present at the scheduled court hearing.
Withdrawal of bench warrant:
              
When it comes to warrants, they must never be withdrawn on the grounds of expediency alone. In order to withdraw a warrant the case reviewer must be able to justify a result appropriate to the victim.
The most important accountability for evaluating outstanding warrants lies with the police. If the police request that the CPS (crown prosecution service) pull out a warrant, then one ought to re-review the case to find out whether we withdraw the warrant, the substantive offence or both, it should be reviewed separately.

Friday, June 21, 2013

Crime and punishment in texas

Texas laws currently recognize five types of felonies and three types of misdemeanors. Every crime in the TPC is classified as one of these eight types.

Felonies

The different types of felonies are capital, first degree, second degree, third degree and state jail. The most serious offense is capital felonies.

Misdemeanors                                           

The three types of misdemeanors are class A, B, and C. Misdemeanor sentences are serve in county jails.


Offense
Punishment
Capital Felony
Execution
First Degree Felonies
5 to 99 years, $10,000 Fine
Second Degree Felonies
2 to 20 years, $10,000 Fine
Third Degree Felonies
2 to 10 years, $10,000 Fine
State Jail Felonies
180 days to 2 years, $10,000 Fine
Class A Misdemeanors
Up to one year, $4000 Fine
Class B Misdemeanors
Up to 180 days, $2000Fine
Class C Misdemeanors
$500  Fine

Friday, May 31, 2013

Penalty for Minor Gets Caught Driving Without License

A number of teenagers under 18 drive without getting the necessary practice to get a driver license. These underage youngsters believe that their action is fascinating and exciting; however, the choice to drive without getting the ability and necessary experience can lead to life-changing consequences.

If a minor is being caught driving without license it would result in a fine, payment of court fees and payment of towing and impound fees. If the teen is not the owner of the car and if the car belongs to the teens parent’s then the car will still be impounded. This problem will be inserted in the minor record and they will be delayed from obtaining a license once they reach the eligible age to do so.

The Penalty may range form state to state and hence I will share you the average penalty for this offense

- Fine may range from $100 to $2000
- Towing and impounding may range from $100 and $250
- 6 months to one year imprisonment in a juvenile corrections facility for driving without a license.
- Charges will be imposed on the owner/parents of the vehicle for allowing the teenage to drive the vehicle.
- The insurance rate may be affected permanently
- When the minor finally gets his driver license and buys insurance coverage on a vehicle, the event that happened as an unlicensed minor will definitely affect the premium paid. This could result in prolonged higher insurance expenses.

It doesn’t matter if you are caught without driving license our Houston criminal defense lawyers Stradley, Davis & Reynal LLP law firm is there to help you and to solve your queries. Hence don’t hesitate to call our law firms.