Arlington Mail Fraud Lawyer

June 25th, 2011 by

If You are Charged with Mail Fraud, You Need an Arlington Mail Fraud Lawyer

Mail fraud is a federal offense that carries serious penalties. If you are charged with this offense, you need to find the best Arlington mail fraud lawyer. You need to find a lawyer who is experienced in defending these types of cases. The charge of using the mail to defraud others for the sake of obtaining valuables or money is a common charge in today’s society.

There are several cases in which people have established a charity to raise money for a particular cause. Unfortunately, many people may have used funds for items or purposes not related to the charity. This can be deemed as a misrepresentation. In addition, if the charity used the U.S. Postal Service to solicit funds, it is possible the people involved could face serious federal charges.

Many people have become involved with at-home businesses or at-home job opportunities. Some fail to realize these opportunities may get them into legal trouble. Although, these people may not have been aware they participated in a mail fraud scheme, they may still face charges. However, a skilled and experience attorney will prove their innocence. Regardless, facing such a charge is a frightening experience.

Mail fraud used to be considered a common white-collar crime. However, times have changed and since the inception of the Internet, it is quickly becoming a common crime. Some crimes swindle millions of dollars and some crimes reap a few thousand dollars. Regardless of the monetary value, these types of crimes are a federal offense.

A good example of a common mail fraud scheme is a case in Arizona where a man advertised an envelope stuffing business and promised to send the supplies to consumers to start their own business. He charged consumers $18 to $36 for the supplies. Unfortunately, the consumers only received instructions on how to establish an envelope stuffing business. 

Another example is a Texas man sold approximately $6.5 worth of fraudulent certificates of deposit through the U.S. mail. The man received the funds for the certificates; however, he used the money for personal expenses and to pay of previous investors.

Sadly, the economy has many people seeking methods of making extra money. A Florida mom thought she found the perfect part time job to earn extra cash. She simply needed to attend to her employers personal shopping. Since her employer travelled extensively, she had to mail the items to his location. Unfortunately, she was charged with mail fraud and a few other charges.

If you are facing this serious offense, you want to hire the best Arlington mail fraud lawyer available. That lawyer happens to be John R. Teakell. He has the necessary experience and has worked as a federal prosecutor. John R. Teakell is one of the best litigators you can find. His confidence and experience in the courtroom is exceptional. He is a reputable criminal defense attorney with a proven record in defending the toughest cases. Your first step will be to contact his office to set up a consultation. For such a serious legal matter, you want the best defense lawyer.

Need A Case Won In Fort Worth? Call A Defense Attorney

May 25th, 2011 by

People run into problems all the time in life, and sometimes those problems can not be solved by working through them.This is when you make a decision to take action. One of those actions can be to call a Fort Worth criminal defense attorney to help solve your problem. Whether caught in a bad spot at the wrong time, or unwittingly becoming a part of the plan sometimes bad things happen to good people. A defense attorney can help to make sure you do not have to pay for someone else’s mistake.

Defense attorneys will often specialize in a broad category of law they prefer to defend. Examples of these categories are drug charges, violent crimes, and white-collar crimes. The first thing that many prepare for is what kind of defense they should take on the stand, and that is where choosing a good lawyer makes all the difference. For one to make an educated choice of lawyers, one should know what each category of lawyers specializes in. White-collar crimes deal with money laundering, fraud of all kinds, tax evasion or failure to pay, embezzlement, and identity theft. Violent crimes are some of the hardest crimes to defend as they deal with more high-profile and often shocking crimes. Things like murder, aggravated assault, prostitution, and robbery are what these lawyers will be defending. Government cases are specifically found in counterfeiting, passport fraud, import and customs violations, and immigration cases. These are typically only done by a select few lawyers that are looking to make a big name for themselves. Firearm charges deal with unregistered sales of firearms, possession of body armor and explosives, use of a firearm in drug trafficking, or a felon possessing a firearm. Drug charges can range anywhere from growing marijuana plants, to selling HGH or steroids, and distribution charges. With knowledge of what crimes are being brought comes a better choice of a lawyer.

Some of the things that should be considered other than what type of specialization that a lawyer chooses to work in is what kind of experience they have had. Not just anyone in a suit can be a lawyer, it takes a person that knows their way around the courtroom lingo. Someone that can also bring people to their side just by talking about what they believe. Not everyone that passes the bar exam makes a great lawyer simply because they do not possess the gift of gab. The things someone one should look for would be if they have any experience working around the court systems, and if they are a veteran lawyer, what their track record is like. It should be noted, that while these may all be great to look at if the lawyer you choose does not take you seriously, then you should choose a different lawyer.

In the end, if finding yourself in a sea of trouble a great defense attorney can be the best thing in the world. Nobody wants to have a tarnished record, and so, with a little research and a lot of hard work you may find yourself keeping that record intact. Remember to choose the right lawyer for the right case. One who has a proven record and knows how to properly navigate themselves in the courtroom.

The Challenges Of Being A Criminal Defense Lawyer In Fort Worth

May 25th, 2011 by

Criminal law is one of the areas in the practice of law that is quite challenging and tasking but at the same time most fulfilling to a criminal defense lawyer Fort Worth. It is very important to have a passion in criminal law if you are to succeed in the field because just like in any other field criminal law also has its own challenges.

Criminal law is very detailed complicated and requires that you be in constant reading to get yourself acquainted with new cases and what they entail. No two criminal cases are alike. The concepts may be the same but never similar. For this reason a criminal defense attorney has to spend his time studying cases and books to find strategies he can use to build his case.

A typical day of a criminal defense attorney is spent between meetings with clients and mostly in the court. Many criminal cases never go to trial they are settled by a plea arrangement. For this to happen a lot of time has been spent before a judge taking depositions and arguing motions. A criminal lawyer is therefore quite busy and rarely gets free time in a day.

Criminal law is that part of law that deals with crimes related to rape, drugs, robbery, murder, and so on. In reality unless you are dealing with an innocent person you may have to deal with criminals on a daily basis. This can be challenging to a beginner but with time it can be the most exiting experience. There is always something new for criminal lawyers to do; chances of monotony are very low.

The biggest challenge in practicing criminal law is to have to defend a client who knows that he committed a crime but requires you as his advocate to prove him innocent. In most cases such clients will not be completely honest about the facts of the case making it even harder for the defense attorney to help them. 

A criminal lawyer is under a lot of pressure on his part to find facts and investigate so that he can win the case for his client. The prosecution will table their own evidence against your client and it is your duty to table your own evidence in favor of your client. A criminal defense lawyer needs to visit the crime scene, contact the witnesses listed by the police, interview friends and family in a bid to help his client.

Regardless of the many challenges that a criminal defense lawyer Fort Worth faces they are by far the best paid lawyers in the United States. Winning a criminal case is not as hard as many perceive it to be. It comes down to who told the story better in court between the prosecution and the defense. A criminal trial is akin to telling a story to a group of people (the jury) with the intention of winning them over. Whichever side tells the story in a way that convinces the jury  takes the day!

How Can A Fort Worth Drug Defense Attorney Help?

May 25th, 2011 by

Possession, manufacture and distribution of drugs are serious offenses in all the states of America including Texas. In addition to that, there are strict laws against the abuse of a controlled substance such as marijuana, narcotics and other prohibited drugs including prescription medicines. A Fort Worth resident found guilty of any of the above will face drug crime charges that are covered by both federal and state laws in Texas. While the guilty will be prosecuted under the Comprehensive Drug Abuse Prevention and Control Act of 1970 by the federal court, the state court can initiate legal proceedings against the accused in accordance with the statutes listed under Chapters 481 through 486 of the Texas Health and Safety Code. Being an international border state, the drug laws in Texas are much more stringent than other states of the country and thus call for better defense if you or a member of your family has been charged with it. In such a case, you should contact the best Fort Worth drug defense attorney and get him or her to fight your case in the court of law.

Hiring the services of a competent Fort Worth drug defense attorney becomes even more important if the accused is a repeat offender or has had multiple infractions with law. Once charged with a drug crime, you can face serious consequences for the same including paying a hefty penalty that can run into thousands of dollars, forfeiture of property and a lengthy jail sentence or incarceration. If you want to prevent this from happening, you need to have a good Fort Worth drug defense attorney on your retainer, who can help you navigate through various concerns pertaining to this complex area of law and fight vigorously for your legal and personal rights.

When charged with a drug crime in Fort Worth, Texas, your attorney will need to prepare a solid defense strategy for your case on the basis on several factors such as the type of drug that was found in your possession, the amount of the drug and the purpose for which you were holding the same. While a Penalty Group 1 drug such as cocaine carries most severe punishment, a Penalty Group 5 drug comes with the least amount of penalty. This classification is dictated by the Controlled Substances Act that lists prescription drugs such as Valium, Xanax and Ritalin under Penalty Group 3 while Penalty Group 4 drugs include compounds that contain Dionine, Buprenorphine and Motofen.Needless to say, the more the amount of drug found in your possession, the greater penalty it will attract. The intention of holding the drug also plays a vital role in dictating the severity of punishment in a drug defense case. The severity of a drug possession charge also depends on the location of the violation. Thus, if a person is busted with drugs near a school or day care centre, he or she must hire an experienced Fort Worth drug defense attorney to defend him or her in the court.

A Drug Defense Lawyer For You To Trust

May 25th, 2011 by

Many times someone makes a mistake and ends up in court needing an attorney that they can trust. In times of need, you need to know that you have someone you can turn to. A drug defense lawyer Fort Worth, is such an attorney. This representation can mean the difference in you spending years to months in prison.

When you find yourself being caught with things that can bring you trouble, pick up the phone and call an attorney that is knowledgeable in many  drug related items. No matter the charge, a lawyer has education and experience to know where to go from charge to jury. They also know how to choose the best jury; who to accept and dismiss that will become your peer group judges.

No matter if you get busted for having a simple marijuana cigarette to having all of the paraphernalia, you can confide in your attorney to handle your case appropriately. Is it your first time for getting caught or your second or third, a legal aid representative has extensive education to lead you down the right path.

Charges could entail more than just a small amount of illegal drug. Being arrested for possible possession, manufacturing, or distribution may help to make your list of warrants a little longer. Legal educators know the law, what is allowed, and in some cases how to get charges lowered to a lesser degree.

The one thing to always keep in mind is that you do not under any circumstances keep any information from your legal representative. Everything has a way of surfacing or do not allow any tricks or new material to surprise your attorney. Your legal aid person is the best friend you will have for the entire duration of your court proceedings.

There is a new way of defining drug use or abuse and that is with Internet pharmacies. People try to take their prescription medicines, which are not illegal for their own personal use, and sell it to others. Prescriptions taken by anyone other than the one they are prescribed is an illegal activity and you can be caught and charged with drug charges. If this happens, have your defense attorney’s name and number on hand to help bail you out.

With so many people wanting to succeed in sports, steroid use has multiplied a hundred fold. When a person uses these drugs to increase their body size and then compete in a sporting event, they are breaking the rules. Suspensions can occur and the need for a lawyer has just become apparent.

A well-educated and knowledgeable drug defense lawyer Fort Worth knows all kinds of drugs, paraphernalia, trafficking, Internet pharmacies, and other drug related topics. This attorney is one that you must trust and be honest with to receive the best representation that you deserve. Make sure to include all the facts, no matter how harsh they may seem, and let your lawyer know everything he/she needs to be able to provide the best defense that money can buy.

POSSESSION OF CHILD PORNOGRAPHY AND TRAFFICKING IN CHILD PORNOGRAPHY

April 14th, 2010 by

Definition, Laws, & Defense

Possessions of child pornography, and the distribution of it, are some of the most targeted activities for investigation by both federal and state law enforcement agencies. Of course, a person has to knowingly possess pornographic images of children to be guilty of possession, and the images have to be real (non-computer generated) images of underage persons (children) for a legitimate prosecution.

Practical problems some people encounter are learning of pornographic images that were loaded onto their sites without their knowledge, or certain images that were transferred without intent to distribute. These situations, in both pre-Indictment and post-Indictment stages, require the use of expert computer forensic services to establish facts that may not be known to investigators.

Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against possession of child pornography and distributing the same. Prosecutions under federal criminal laws can result in harsh sentences due to the existence of the United States Sentencing Guidelines (“U.S.S.G.”). The U.S.S.G. is a point system that is driven by the number of images that are the subject of the prosecution, as well as other related enhancements. Such enhancements could include the nature of the images and whether these were shared or distributed.

Title 18, United States Code, Section 2252 and 2252A, set forth the federal crimes regarding possession and/or trafficking of child pornography. Title 18, U.S.C. § 2252A reads as follows:
(Federal Statutes in the United States Code:)
(a) Any person who—
(1) knowingly mails, or transports or ships in interstate or foreign commerce by any means, including by computer, any child pornography;
(2) knowingly receives or distributes—
(A) any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or
(B) any material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;
(3) knowingly—
(A) reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer; or
(B) advertises, promotes, presents, distributes, or solicits through the mails, or in interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains—
(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or
(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;
(4) either—
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly sells or possesses with the intent to sell any child pornography; or
(B) knowingly sells or possesses with the intent to sell any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;
(5) either—
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or
(B) knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or
(6) knowingly distributes, offers, sends, or provides to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct—
(A) that has been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer;
(B) that was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer; or
(C) which distribution, offer, sending, or provision is accomplished using the mails or by transmitting or causing to be transmitted any wire communication in interstate or foreign commerce, including by computer,
for purposes of inducing or persuading a minor to participate in any activity that is illegal.[1]
shall be punished as provided in subsection (b).
(b)
(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), (3), (4), or (6) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but, if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.
(2) Whoever violates, or attempts or conspires to violate, subsection (a)(5) shall be fined under this title or imprisoned not more than 10 years, or both, but, if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.
(c) It shall be an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that—
(1)
(A) the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and
(B) each such person was an adult at the time the material was produced; or
(2) the alleged child pornography was not produced using any actual minor or minors.
No affirmative defense under subsection (c)(2) shall be available in any prosecution that involves child pornography as described in section 2256 (8)(C). A defendant may not assert an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) unless, within the time provided for filing pretrial motions or at such time prior to trial as the judge may direct, but in no event later than 10 days before the commencement of the trial, the defendant provides the court and the United States with notice of the intent to assert such defense and the substance of any expert or other specialized testimony or evidence upon which the defendant intends to rely. If the defendant fails to comply with this subsection, the court shall, absent a finding of extraordinary circumstances that prevented timely compliance, prohibit the defendant from asserting such defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) or presenting any evidence for which the defendant has failed to provide proper and timely notice.
(d) Affirmative Defense.— It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant—
(1) possessed less than three images of child pornography; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof—
(A) took reasonable steps to destroy each such image; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such image.
(e) Admissibility of Evidence.— On motion of the government, in any prosecution under this chapter or section 1466A, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of the United States, that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual minor.

(f) Civil Remedies.—
(1) In general.— Any person aggrieved by reason of the conduct prohibited under subsection (a) or (b) or section 1466A may commence a civil action for the relief set forth in paragraph (2).
(2) Relief.— In any action commenced in accordance with paragraph (1), the court may award appropriate relief, including—
(A) temporary, preliminary, or permanent injunctive relief;
(B) compensatory and punitive damages; and
(C) the costs of the civil action and reasonable fees for attorneys and expert witnesses.

TEXAS STATUTES – CHILD PORNOGRAPHY

The following are the state criminal laws against possession or distribution of child pornography, as stated in the Texas Penal Code. Note that under state law in Texas, the prohibitions include images of a child younger than eighteen (18) years of age. The following statutes are from Chapter 43, Texas Penal Code, specifically Section 43.26, Possession or Promotion of Child Pornography:

§ 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.

(a) A person commits an offense if:
(1) the person knowingly or intentionally possesses
visual material that visually depicts a child younger than 18 years
of age at the time the image of the child was made who is engaging in
sexual conduct; and
(2) the person knows that the material depicts the
child as described by Subdivision (1).

(b) In this section:
(1) “Promote” has the meaning assigned by Section
43.25.
(2) “Sexual conduct” has the meaning assigned by
Section 43.25.
(3) “Visual material” means:
(A) any film, photograph, videotape, negative,
or slide or any photographic reproduction that contains or
incorporates in any manner any film, photograph, videotape,
negative, or slide; or
(B) any disk, diskette, or other physical medium
that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.

(c) The affirmative defenses provided by Section 43.25(f)
also apply to a prosecution under this section.

(d) An offense under Subsection (a) is a felony of the third
degree.

(e) A person commits an offense if:
(1) the person knowingly or intentionally promotes or
possesses with intent to promote material described by Subsection
(a)(1); and
(2) the person knows that the material depicts the
child as described by Subsection (a)(1).

(f) A person who possesses visual material that contains six
or more identical visual depictions of a child as described by
Subsection (a)(1) is presumed to possess the material with the
intent to promote the material.

(g) An offense under Subsection (e) is a felony of the second degree.