Despite the crime you've been accused of, I can successfully defend your rights…
We handle any type of offense charged by the State of Texas (STATE COURT CASES) or the United States government (FEDERAL COURT CASES) either in the trial stages or post conviction (APPEALS). For a listing of some the cases I've handled successfully, look at my "record of accomplishments"
I began my career learning the law by researching and writing appeals, both state court and federal court, direct appeals, collateral appeals, and writs of habeas corpus.
Appeals are challenges to the trial court proceedings. If the sufficiency of the evidence is successfully challenged, the appeal court can remand the case to the trial court and order a verdict of not guilty. If the trial court errs in its legal findings, the court of appeals can render a new trial. In either instance, an appeal allows you to challenge the outcome and the proceeding of the trial court in an entirely new court.
A writ of habeas corpus is a collateral attack that involves an investigation into the original case and is an opportunity to explore new evidence, the performance of trial counsel, and the conduct of the district attorneys's office that prosecutes on behalf of the government. A case is not over at the trial stage unless the accused and subsequently convicted decides not to fight it any longer.
State cases include cases involving juveniles accused of breaking the law. Under our Texas Juvenile Code, children under the age 17 can be prosecuted for the same offenses as those in the Texas Penal Code. Most juvenile prosecution are handles however in the Juvenile courts, that have a different set of punishment levels. However, the government may chose to certify the juvenile to proceed as an adult in court. Certification is reserved for the most serious of offenders.
The following is a list of crimes from the Texas Penal Code that the State of Texas can charge you with:
Alcohol Beverage Code Violations
Assembling or Operating an Amusement Ride While Intoxicated
Boating While Intoxicated
Driving While Intoxicated
Flying While Intoxicated
Intoxication
Assault Intoxication
Manslaughter
Possession of Alcoholic Beverage in Motor Vehicle
Prohibition of the Purchase and Sale of Human Organs
Public Intoxication Smoking Tobacco
Cruelty to Animals
Dog Fighting
Interference With Police Service Animals
Abandoning or Endangering Child
Aggravated Assault
Aggravated Robbery
Assault
Deadly Conduct
Injury to a Child, Elderly Individual, or Disabled Individual
Leaving a Child in a Vehicle
Robbery
CONSPIRACY AND ENGAGING IN CRIMINAL ACTIVITIES
Criminal Conspiracy
Engaging in Organized Criminal Activity
Arson
Criminal Mischief
Graffiti
Interference With Railroad Property
Reckless Damage or Destruction
Disturbing The Peace
Criminal Trespassing
Destruction of Flag
Disorderly Conduct
Disrupting Meeting or Procession
Obstructing Highway or Other Passageway
Riot Violation of Protective Order
Acceptance of Honorarium Breach of Computer Security
Bribery
Coercion of Public Servant or Voter
Commercial Bribery Credit Card or Debit Card Abuse Criminal Simulation Deceptive Business Practices
False Statement to Obtain Property or Credit Forgery
Fraudulent Destruction, Removal, or Concealment of Writing Fraudulent Transfer of a Motor Vehicle Fraudulent Use or Possession of Identifying Information
Improper Influence
Insurance Fraud
Issuance of Bad Check Manufacture, Possession, or Delivery of Unlawful Telecommunications Device Misapplication of Fiduciary Property or Property of Financial Institution
Money Laundering
Obstruction or Retaliation Offering Gift to Public Servant Publication of Telecommunications Access
Device Refusal to Execute Release of Fraudulent Lien or Claim Rigging
Publicly Exhibited Contest Securing Execution of Document by Deception
Simulating Legal Process
Stealing or Receiving Stolen Check or Similar Sight
Order Tampering With Witness
Theft of Telecommunications Service
Trademark Counterfeiting
Unauthorized Use of Telecommunications Service
Gambling
Gambling Promotion
Keeping a Gambling Place
Possession of Gambling Device, Equipment, or Paraphernalia
Coercing, Soliciting, or Inducing Gang Membership
Soliciting Membership in a Criminal Street Gang
Violation of Court Order
Enjoining Organized Criminal Activity
Bail Jumping and Failure to Appear
Escape Evading Arrest or Detention
Failure to Identify
False Alarm or Report Hindering
Apprehension or Prosecution Interference With Emergency Telephone Call
Permitting or Facilitating Escape
Resisting Arrest, Search, or Transportation
Silent or Abusive Calls to 9-1-1 Service
Unauthorized Absence From Community Corrections Facility
Divulgence of Public
Communications Unlawful Interception of Communications
Aggravated Kidnapping
Agreement to Abduct From Custody
Enticing a Child
Harboring Runaway Child
Interference With Child Custody
Kidnapping Unlawful Restraint
Unlawful Transport
Abuse of Corpse
Aiding Suicide
Capital Murder
Criminally Negligent
Homicide
Manslaughter
Murder
Abuse of Official Capacity
Aggravated Perjury
False Identification as Peace Officer;
Misrepresentation of Property
False Report Regarding Missing Child or Missing Person
False Report to Peace Officer or Law Enforcement
Employee Fraudulent Filing of Financing Statement
Hindering Proceedings by Disorderly Conduct
Impersonating Public Servant
Improper Contact With Victim
Interference With Public Duties
Misuse of Official Information
Official Oppression
Perjury Preventing Execution of Civil Process
Tampering With Governmental Record
Tampering With or Fabricating Physical Evidence
Use of Accident Report Information and Other Information for Pecuniary Gain
Violations of the Civil Rights of Person in Custody
Prostitution
Promotion of Prostitution
Aggravated Promotion of Prostitution
Compelling Prostitution
Obscene Display or Distribution Sale, Distribution, or Display of Harmful Material to Minor
Sexual Performance by a Child
Employment Harmful to Children
Possession or Promotion of Child Pornography
POSSESSION OR DELIVERY OF CONTROLLED SUBSTANCES
Cocaine
Drug Paraphernalia
Heroin
LSD
Marijuana
Methamphetamine Prescription Drugs
Prohibited Substances in Correctional Facility
Valium
Aggravated Sexual Assault
Bigamy
Failure to Stop or Report
Aggravated Sexual Assault of Child
Homosexual Conduct
Improper Photography or Visual Recording
Improper Sexual Activity With Person in Custody
Indecency With a Child
Indecent Exposure
Prohibited Sexual Conduct
Public Lewdness
Sexual Assault
Harassment
Stalking
Terrorist Threat
Burglary
Burglary of Coin-Operated or Coin Collection Machines
Burglary of Vehicles
Criminal Nonsupport (Child Support)
Tampering With Consumer Product
Tampering With Identification Numbers Theft Theft of Service
Theft of Trade Secrets
Unauthorized Use of a Vehicle
Components of Explosives
Deadly Weapon in Penal Institution
Discharge of Firearm in Certain Municipalities
Hoax Bombs
Interstate Purchase
Making a Firearm Accessible to a Child
Maps as Evidence of Location or Area
Penalty if Offense Committed Within Weapon-Free School Zone
Places Weapons Prohibited
Prohibited Weapons Taking or Attempting to Take Weapon From Peace Officer
Unlawful Carrying of Handgun by License Holder
Unlawful Carrying Weapons
Unlawful Possession of Firearm
Unlawful Possession of Metal or Body Armor by Felon
Unlawful Transfer of Certain Weapons
A “federal crime” is any offense that violates the laws contained in the United States Criminal Code. The offenses are primarily white collar crimes dealing with various frauds. Mail Fraud, Wire Fraud, Bank Fraud, Health Care Fraud, Investment Fraud, Telemarketing Fraud, Loan Fraud, Crimes against government agencies, etc. These are often accompanied by charges of money laundering and tax evasion. All federal laws passed by the United States Congress come under the jurisdiction of the judicial branch of the federal government. The judicial branch (article III, U.S. Constitution) has the responsibility of interpreting and administering the articles contained in the U.S. criminal code.
There are over 100 categories of offenses that are considered to be federal crimes, and even though some offenses may also be covered under the California criminal code, the methods by which federal crimes are handled are unique. Some examples of federal crimes are:
Accounting Fraud
Antitrust
Bank Fraud
Bankruptcy Fraud
Child Pornography
Computer Crimes
Computer Hacking
Controlled Substance Violations
Conspiracy
Corporate Crimes
Counterfeiting
Customs Violations
Drug Manufacturing
Drug Possession/Sales
Drug Trafficking
Espionage Export/Import Crimes
Gun Law Violations
Health Care Fraud
Immigration Law Violations Internet Fraud
Kidnapping
Mail Fraud
Money Laundering
Multi-Level Marketing
RICO Crimes
Securities Fraud
Social Security Fraud
Tax Crimes
Terrorism
Weapons Charges
Wire fraud
To view a detailed version of the U.S. criminal code, please refer to http://www4.law.cornell.edu/uscode/18/
In addition to the above list of federal offenses, ANY crime that is committed on federal property (government buildings, airports, National parks, etc) is subject to federal prosecution and comes under the jurisdiction of the federal court system.
Every crime under the U.S. criminal code is assessed a base offense value, the more serious the offense, the higher the base value.
For example: Points are then added or subtracted depending on the circumstances such as the age of the victim, the amount of money involved, the type of weapon used, etc.
That’s just the beginning. A complicated grid pattern is then used to combine other variables such as previous criminal history, social and economic stability of the offender, and so on. A federal district judge must then impose a mandatory minimum and/or maximum sentence based on the final “point value” given to the case. To view the Federal Sentencing Table, click on http://www.ussc.gov/1998guid/Sentable.htm.
The federal court system was established to ensure that there was equal justice for all citizens and also equal punishment for anyone who committed a federal offense
The federal courts are considered to be the guardians of the constitution. Their function is to protect our guaranteed constitutional rights. Those accused of committing federal crimes are generally tried in federal District Courts (each state has at least one district court). The judges who preside over the District courts are appointed by the U.S. Congress and must strictly adhere to federal sentencing guidelines. The U.S. Sentencing Commission (formed in 1980) established sentencing guidelines to ensure that there is uniform justice throughout the nation.
A Federal criminal matter proceeds as follows:
- investigation of potential criminal conduct
- review by United States Attorney
- complaint filed
- grand jury returns indictment
- defendant arrested
- preliminary hearing
- discovery pleadings
- motions filed
- trial
- opening statements
- government prosecutor’s case
- defendant’s case
- prosecutor’s rebuttal case
- closing arguments
- deliberations
- verdict
The U.S. attorney presents evidence to a grand jury whose function it is to determine whether there is sufficient evidence to bring charges against a person.
If an arrest is made, an initial appearance is scheduled and the judge advises the defendant of the charges. Based on reports from pre-trial services, the judge will then decide whether to release the defendant back into the community until the trial, to place certain restrictions on the defendant, to place bail if any is required, or to keep the defendant in jail.
A “pre-trial” is conducted to give the U.S. attorney and the defendant’s attorney the opportunity to present evidence to the judge that would either support or refute the charges. Criminal cases include a limited amount of pretrial discovery proceedings, with substantial restrictions to protect the identity of government informants and to prevent intimidation of witnesses. The attorneys also may file motions, which are requests for rulings by the court before the trial. For example, defense attorneys often file a motion to suppress evidence, which asks the court to exclude from the trial evidence that the defendant believes was obtained by the government in violation of the defendant's constitutional rights.
In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt. The standard of proof in a criminal trial is proof "beyond a reasonable doubt," which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. If a defendant is found not guilty, the defendant is released and the government may not appeal. Nor can the person be charged again with the same crime in a federal court. The Constitution prohibits "double jeopardy," or being tried twice for the same offense.
If the verdict is guilty, the judge determines the defendant's sentence according to special federal sentencing guidelines issued by the United States Sentencing Commission. The court's probation office prepares a report for the court that applies the sentencing guidelines to the individual defendant and the crimes for which he or she has been found guilty. During sentencing, the court may consider not only the evidence produced at trial, but all relevant information that may be provided by the pretrial services officer, the U.S. attorney, and the defense attorney. In unusual circumstances, the court may depart from the sentence calculated according to the sentencing guidelines.
A sentence may include time in prison, a fine to be paid to the government, and restitution to be paid to crime victims. The court's probation officers assist the court in enforcing any conditions that are imposed as part of a criminal sentence. The supervision of offenders also may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options.
All of this boils down to one important fact. Do not attempt to defend yourself in federal court without the assistance of an experienced FEDERAL criminal defense attorney.
Remember that, even though you have been accused of a federal crime, your rights are still protected under the U.S. Constitution. Your constitutional rights include:
- Protection from unreasonable search and seizure
- The right to be informed of the exact charges and related sentence
- The right to an attorney
- Protection from self-incrimination
- The right to a speedy and public trial
- The right to examine all witnesses, either for or against you
If any of your constitutional rights have been violated, there is a good possibility that your case will be thrown out of court.
As mentioned previously, federal judges are obligated by the U.S. congress to adhere to the mandatory sentencing guidelines that are based on a point system. This system of justice is controversial and disliked by many district judges because they must impose a pre-determined, in some cases, unfair sentence. Since some judges feel that they no longer have the discretionary power to consider the “human” element that may have contributed to the crime, they may lean toward a favorable ruling on any legal arguments that could change the “score” in your favor.
IMPORTANT LINKS
Federal Sentencing Guidelines
http://www.ussc.gov/1998guid/tabcon98.htm
Federal Sentencing Table
http://www.ussc.gov/1998guid/Sentable.htm
U.S. Code
http://www.access.gpo.gov/congress/cong013.html
U.S. Constitution
http://www.usconstitution.net/
Federal Courts
http://www.uscourts.gov/
United States Sentencing Commission
http://www.ussc.gov/guidelin.htm
U.S. Department of Justice
http://www.usdoj.gov/
Federal Judicial Center
http://www.fjc.gov/
U.S. Courts – Texas Southernl District
http://www.txsd.uscourts.gov/
United States Criminal Code
http://www4.law.cornell.edu/uscode/18/
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