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.

Tuesday, April 16, 2013

Grand theft and it penalties

A grand theft is a type of theft accusations that comes under the theft crime. The grand theft occurs when an individual takes another property without the prior permission and if the value of the stolen goods exceeds $500. Grand theft is usually considered a felony in Texas, especially if a weapon was used to commit the theft.

The term "property" in the grand theft definition can include money, labor, real, or personal property that lawfully belongs to another individual or group of individuals.

Credit card fraud, internet fraud, identity theft etc are the few types of grand theft which is rising in the US. It is estimated that 25 million Americans become the victims of consumer fraud, often considered a grand theft offense, each year.

Penalties
  • First Degree – Grand Theft
  • Second Degree – Grand Theft
  • Third Degree – Grand Theft
First degree grand theft


If the value of the property is greater than $10,000 or more then the individual may face the following penalties
  • Minimum sentence – 21 months in jail
  • Maximum sentence – 30 years in prison
  • Thirty years of probation
  • Fine upto $10,000
Second degree grand theft


If the value of the property is less than $100,000 but more than $20,000 then the individual may face the following penalties
  • Maximum sentence – 15 years in prison
  • 15 years of probation
  • Fine upto $10,000
Third degree theft


If the value of the property is less than $20,000 but more than $300 then the individual may face the following penalties
  • Maximum sentence – 5 years in prison
  • 5 years of probation
  • Fine upto $5,000
The common punishments include over a year of prison time, restitution, expenses, and probation. Based on the product thieved, the value of the product, and the prior record of the individual charged of huge robbery, the penalties may be improved. Additionally, a huge robbery indictment can seriously impact your popularity, family connections, and job possibilities. Because of the particulars involved with huge robbery expenses, it is vital to have a Houston criminal attorney by your side. 

Tuesday, March 19, 2013

Steps in booking process after the person has been arrested

After the individual has been arrested they are usually taken to the cop office where they may be interviewed, and the necessary reports and forms are prepared. The person who is charged with a criminal offence should hire a Houston criminal lawyer with experience in criminal defense to represent them because they are the only person who can help the people to get rid of the false accusations. Hence check out the below steps in the booking process.

booking process in jail


Recording the information’s

The first step in the booking process will be the recording of all your personal information’s the personal information may includes your name, date of birth, contact number, address, emergency and security number. After the details has been collected it will saved on the computer for the further use.

Mug shot

The photo will be taken within a minute and it will be worst than the drivers license photo, but the purpose of the mug shots are used to distinguish individuals with the same name and to provide an accurate portrayal of the suspect at the time of arrest.

Collection of personal belongings

Prisoners are not allowed to carry jewels, wallets, money, cell phones into the jail hence they are collected and sealed in the plastic bags to secure belongings. Prisoners are requested to sign off on the list of items detailed after the belongings have been sealed.

Fingerprints

The fingerprints are taken for two reasons
  • To compare the fingerprints left at the crime scene
  • It must be entered in to the FBI database where it can be accessible to local, state and federal police agencies.

Body Search

A full body check up will be done on the arrestees to prevent the weapons and drugs entering in to the jail. The “strip search” can be an embarrassing experience to undergo

Warrants checking

The booking officer checks to see if an arrestee has any other charges pending, ranging from unpaid parking tickets to murder charges in other states. Suspects with warrants pending are normally not released on bail.

Health checkup

To prevent the other arrestees from infections and diseases the particular person will undergo x-ray and blood test

The booking process can take anywhere from an hour to several hours depending on the cooperation of the individual being booked into jail. If you want to get rid of the cases after the booking process has been done then do not wait to hire a lawyer with topnotch experience and proven results. Contact experienced criminal defense attorney to solve your problems and queries

Wednesday, February 20, 2013

White Collar Crime

It is a nonviolent crime committed for financial gain. White collar crime was defined in 1939 by Edwin Sutherland as one “committed by the person of respectability and high social status in the course of his occupation”. Because of the complexity and the seductively of white collar accusations, prosecutors often make mistakes. But it takes an experienced Houston criminal defense attorney, with expertise in white collar cases, to uncover these problems.

white collar crime


Examples of white collar crime
  • Fraud
  • Bribery
  • Identity Theft
  • Black Mail
  • Embezzlement
  • Counterfeiting
  • Money Laundring
  • Computer Crimes
  • Perjury
  • Forgery

One of the common crimes committed by the white collar workers is embezzlement. This type of offense happens when the particular person dishonestly handles the company money for his or her use. For example: A particular employee takes the money from the bank for his or her personal use.

Causes of white collar crime

Greed and bad economy is one of the main causes of white collar crime because many criminals make good money and that does not stop them from making more. These peoples do not use weapons to pull off their crime. They use their wit. Some get away with it for years without getting caught and some may never get caught. People become much afraid of the future because of the poor economy people decide to take measures to financially protect themselves in illegal ways.

Effects

Financial cost: According to the Cornell Legal Information Institute, it was estimated in 2010 that white collar crime cost the U.S. $300 billion.

Jobs: When the dishonest person gains huge profits from the sales of shares the company will be pushed in to the job loses, where many of these employees will lose the savings from the company

If you found that you are under the investigation of a white collar crime, then it is necessary to hire a Houston criminal lawyer. Keep in mind that you should not talk about the offenses before consulting with the white collar attorney in Houston TX.

Friday, January 25, 2013

Types of Arrest Warrant


It is a warrant issued by the judge in the court granting that the law enforcement officials has the right to arrest the person regarding the crime committed. Arrest warrants are most commonly required when a crime is committed out of view of a police officer. If a felony is committed in view of a police officer then an arrest can be made without a warrant.
The different types of arrest warrant are
  • Bench warrant
  • Felony warrant
  • Civil warrant
  • Alias warrant


Bench Warrant

It is a type of arrest warrant issued by the court when someone fails to comply with the requirement. In order to file a bench warrant, a judge must generally demonstrate a personal knowledge of the contempt which instigated the warrant. Generally the bench warrant is used in very least matters to encourage the party to appear in the court. A bench warrant may also be ordered when a defendant fails to pay fines, or comply with bail conditions, educational programs, or when the defendant commits a crime while on release pending the original trial.

Felony Warrant


The felony warrant is issued by the court where this arrest will be done when the individual is suspected of committing a felony crime. This warrant is issued in the most of the cases by the judge after the consideration of the evidence provided by the law enforcement. Felony warrant is a legal document so an necessary signed affidavit of a crime committed and the name of the accused must be present in that legal document. This warrant does not have any target date rather than it will remain in effect until the arrest is made. This warrant is legally and freely viewed by the public. It is a serious warrant and it should not be ignored in any situation.

Civil Warrant


The civil warrant is issued in the civil court where the civil warrant is commonly issued in the small claims court when filling suit. It is issued on the behalf of individuals who submit a civil summons. This is not an arrest warrant and is brought by one party against another in matters of monetary judgment. The warrant in debt is summoned filled by one individual against another person, usually for the purpose of establishing a court date to plead a case involving monetary issues. This is the first procedure in the wage garnishment cases. Addressing the issues of claims for money is done for the warrant in debt.Address claims for the property is done for the warrant in detinue.

Alias warrant


This type of warrant is issued in the court when the particular person failed to appear in the court or on the initial appearance on the citation or on the scheduled court date. Remember that if you receive or sign a citation you are assuring that you will appear in the court without fail and if you fail to appear in the court this warrant has been changed to the arrest warrant and you can bond out of jail by cash bond, bail bond, attorney bond, or PR bond.

Just because you have received the arrest warrant issued against the judge you don’t mean that you done have any rights as the accused, hence contact Houston criminal attorney for your problems and a free initial consultation.

Monday, December 17, 2012

Types of identity theft


identity theft


The identity theft is a crime which is the major crime happening in today’s world. Identity fraud are used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain. It is important to act quickly when you are caught under the identity theft; hence it is necessary to hire criminal defense attorneys in Houston when you are in trouble.

Dumpster trash
This is one of the oldest and effective methods. Your bank statements, pre-approved loans statements everything contains personal information’s and hence everything will be dumped in to trash box the thieves root through your trash because they know the documents you discard as garbage contain personal identity information that can be spun into gold when used in a variety of illegal manners. It is found that nearly 88% of the identity theft is done through dumpster driving.

Wallet
The obvious benefit of finding the immediate cash will be when the thief steals the purse or wallet. This is a low tech method for obtaining your information but it is also one of the best method in the identity theft where the thieves get not only money but they can get the address, debit card, driving license, credit and bank account information’s.

Change of address
This is was the number one identity theft that was happened in the year 2010.The thieves steals your personal information by literally changing your address to an address used by them. The result is all the letters will be rerouted to the thief hands.


PC threat
Pc to pc (peer to peer) allows peoples to share all the information’s through the Internet and specialized software or sites. Connected systems are able to search for files on other people’s computers, and others can search for files on your computer. If the particular set up is not made in your computer all your personal information’s will be in the theft hands.

Mail fraud
This is one of the traditional methods used to steal your personal information. Whether it’s taken from unlocked mailboxes, postal trucks, drop boxes, or mailbox panels, mail theft occurs whenever someone physically takes your mail without your permission.

Phishing
This is just like an electronic communication where the thieves direct you to a fake website that resembles and feels like the true, legitimate website. Their website and email will encourage you to enter the personal information, which they in turn can collect and use.

ATM overlays
It s just like an device that is placed over an keypad of the ATM but it will just look like an original keypad when the particular person enter the pin number in the atm machine for the cash withdrawal the pin number will be captured and the thief can easily use your atm card after that.

Voice phishing
When the thieves enter in to the process of phishing they will the person using an automated system and leave messages conveying that there’s a problem with your bank account or card. The call will then be directed you to a phone number or website that will ask for personal account information to verify your identity, but again, they’re not verifying anything; they’re stealing your account information. Then they’re going to steal your money.

Handhelds skimmers
The skimmers are the small electronic device placed over the atm or debit cards this theft will be usually done by the waiters, because as soon as you hand over the card to the waiter the waiter will do the process and swipe the cards. Everything will appear normal, but your personal information has just been stolen.

Shoulder surfing
This is one of the complicated thefts because when you’re are filling out any application form or showing any details to the concern person the shoulder surfer may steals your information by capturing while you are filling out or else they an even record your voice while you are conveying.

A qualified identity theft Houston criminal defense lawyer may also be a valuable resource in the process of restoring your stolen identity. If you think that you are the victims of the stolen identity theft then connect with our lawyer for a free initial consultation

Monday, November 26, 2012

Expunging of criminal records


Expunging of criminal records is easy for those people who are being incarcerated for minor crimes. To ensure that the criminal records have not been shared among many peoples; Texas allows you to clear the criminal records under the certain circumstances. It is important to note that you can delete or destroy the records under the limited circumstances.


Eligibility to clear the criminal records
  • How many and what kind of crimes committed
  • The results of each charge convicted
  • How long it been since the last time of the charges
If you are not eligible for the expungement then another and the only way to clear the record in Texas is applying for non-disclosure. The order of non-disclosure is only available to those who have completed deferred adjudication probation. A person who completes deferred adjudication probation and wins a petition for non-disclosure can have the offense record sealed. In Texas if you were expunged a record or won your non-disclosure petition then you may deny that you were arrested or prosecuted on employment, mortgage, or college applications.

If you are ineligible for expunction and non-disclosure, then there are only 2 ways to clear your record. First, you can try to win a pardon from the governor or president. Pardons are rare and difficult to get. Second, you can file a writ of Habeas Corpus.

Expunctions and non-disclosures differ from each other. Expunctions destroy any criminal records so that not even law enforcement can see the record. Non-disclosures essentially seal the record from public view, but law enforcement can view it.

Reasons to get your record expunged
  • You ay lose your job or employment based on your criminal history
  • Housing application may be denied by landlords and tenants
  • Loan eligibility will be ignored
  • You cannot get the professional or occupational license
  • Non-U.S. citizens may face deportation or other immigration issues based on the existence of a criminal record.
Don’t let a criminal record prevent you from rights that you’re entitled to such as a new job, immigration, an application for a fire-arm licence, your integrity and your name, hence don’t be ashamed or feel guilty conscious to hire an Houston criminal lawyers to clear up the records.

If your qualified for the expungement then don’t delay, contact Houston criminal defense attorneys to get started with expungement application. Even if you do not qualified for the expungement, here there are many options to help you. So feel free to contact houstoncriminalattorney.com.