While it may seem difficult to believe, the police can—and will—lie to you during a criminal investigation. In fact, police officers are trained in these tactics to lead you into making an incriminating statement. From attempting to persuade you that confessing is in your best interests to working hard to convince you that your behavior is unlikely to result in charges, blatant untruths are extremely common during an investigation.
Understanding this is critical so you do not inadvertently say something that will make charges more likely or more serious. Before you meet with a police officer, a police investigator, or a state prosecutor, it is extremely important that you speak to an experienced Cooke County, TX criminal defense lawyer.
Is Police Deception Allowed Under the Law?
Court rulings, including Frazier v. Cupp (1969), have upheld the practice of allowing police to lie to suspects during investigations and interrogations. In this particular case, the court ruled that no constitutional provisions are violated when police officers use deception to elicit a confession (Code of Criminal Procedure 38.22) or trick a suspect into giving the police details about a specific crime. There are very few rules regarding the ability of the police to lie to suspects.
Police are not supposed to coerce an innocent person to confess to a crime he or she did not commit – although there are plenty of instances where that very thing happens. The police cannot psychologically bully a suspect into making a statement by using outright threats or false assurances and are not allowed to blatantly misrepresent a suspect’s legal rights. All of that being said, police can and do “walk the line” when investigating crimes.
How Do Police Typically Lie to Suspects?
There are many different ways a police officer can either tell an outright lie or simply hint that something is true that is not. A police officer could tell a suspect that a witness at the scene of the crime identified the suspect or that his or her fingerprints were found at the scene of the crime. Implying leniency is a way many police officers lie to suspects by “suggesting” that a confession will result in a more lenient sentence – or will allow the suspect to go home.
Only prosecutors can make deals, so any deal offered by a police officer is nothing more than a ploy to obtain a confession. A police officer may downplay the seriousness of the situation, telling a suspect that he or she is simply “a person of interest” or a witness while gathering evidence against the suspect. False confessions are relatively common simply because a person unused to the criminal justice system might believe it when an officer says if he or she will just confess, the ordeal will be over.
In particular, younger suspects, those unfamiliar with their rights, and those with cognitive impairments are especially prone to making false confessions under pressure. Tricking a suspect into a confession may take the form of overstating the penalties of a conviction for the criminal offense being investigated. Police officers may also present the suspect with several possible scenarios of the crime to get him or her to confess to one of those scenarios.
While police officers are no longer allowed to physically assault suspects, they do use interrogation tactics that are meant to create a sense of isolation and fear. Being deceived by the police can leave lasting scars, including a sense of betrayal, anxiety, fear, and anger. When police deception crosses the line into violating the suspect’s rights, a knowledgeable criminal defense attorney can use that to potentially have the charges dropped or lowered.
Contact a Denton County, TX Criminal Defense Attorney
If you have been asked to come in to speak to the police or you have been arrested and placed in an interrogation room, you need to immediately ask for a Cooke County, TX criminal defense lawyer. After doing so, refuse to answer any questions until your attorney arrives. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.
Although criminal charges can occasionally come out of left field, in many cases, an individual is aware that he or she could be under investigation by law enforcement. If you suspect you could be under investigation, it is extremely important to be proactive.
Rather than waiting in dread until you are arrested, getting ahead of the situation can ensure your rights are protected while positively influencing the outcome of the potential charges. It can be very beneficial to speak to a knowledgeable Cooke County, TX criminal defense lawyer who can guide you through a pre-file investigation.
What is a Pre-File Investigation?
If police think you may have committed a crime, but no formal charges have been made, this is known as a pre-file investigation. During a pre-file investigation, evidence is gathered, and interviews are conducted to determine whether there is sufficient evidence to charge you with a crime. At this stage, law enforcement could also be conducting surveillance (including video and audio recordings) and observing your behavior.
Every interaction you have with law enforcement can impact the outcome of the criminal charges. When an experienced criminal defense attorney intervenes early on, it can prevent you from saying something that might inadvertently strengthen the case against you. A skilled attorney may also be able to present exculpatory evidence that will convince the prosecutor not to file charges.
What Should I Do if I Think I Am Being Investigated?
The first thing you must do if you believe you are being investigated for a crime is speak to an attorney. You should also take note of the following tips if you believe you are under investigation for a criminal offense:
- Never make a statement to anyone in law enforcement – including investigators for the police or prosecutor – without first speaking to an attorney.
- Do not talk about the potential charges (or the criminal act that triggered an investigation) to anyone, including family members or friends.
- Be careful what you say on the phone or even in your home in the event you are being listened to by law enforcement.
- Never voluntarily consent to a search of your property, belongings, or person unless the police have a valid search warrant signed by a judge.
- If you have any evidence that supports your innocence or otherwise supports your case against criminal charges, make sure that evidence is properly secured. This might include witness contact information, text messages or emails, and your own account of the alleged criminal offense.
- If law enforcement has a warrant, do not attempt to obstruct them, but do read the warrant carefully and contact your attorney immediately. The warrant should have a “scope,” meaning it will detail what areas can be searched.
- If law enforcement asks you to make a “voluntary” statement, do not say anything until you have spoken to your lawyer.
Ways Your Attorney Can Help You During the Pre-File Investigation
As noted, the outcome of your potential criminal charges can benefit from strategic legal intervention, including negotiating with the prosecutor to reduce the anticipated charges or ensure that charges are not filed at all. Your attorney can gather evidence that supports your version of events regarding the alleged crime and secure expert testimony from those who can challenge the prosecutor’s version of events. Finally, your attorney will be prepared for a variety of scenarios, ensuring you are in the best possible position regardless of what police or prosecutors do.
Contact a Denton County, TX Criminal Defense Lawyer
Every case and every defendant are unique in some way, requiring a comprehensively tailored approach. When you choose a highly qualified, experienced Cooke County, TX criminal defense attorney from Magaña & Van Dyke, you have taken an important step toward safeguarding your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.
Have You Been Charged with Capital Murder in Texas?
A recent call to law enforcement in Palo Pinto led to two men and one woman being charged with capital murder. An elderly resident of Dallas County was found dead beside I-20. His vehicle was later found near Gainesville, and a subsequent investigation linked three people to the murder. All three suspects in the case remain in the Cooke County Jail, charged with capital murder and auto theft, under bonds of $1,010,000 each.
In the state of Texas, the biggest difference between murder and capital murder is distinguished by the potential for the death penalty for those convicted of capital murder. Murder is punishable by life in prison with the possibility of parole, while capital murder – when not punished by death – is punishable by life in prison with no parole. If you have been charged with capital murder in the state of Texas, it is extremely important that you speak to a knowledgeable Denton County, TX criminal defense attorney.
What Defines Capital Murder in Texas?
Capital murder is defined under Section 19.02(b)(1) as a murder with additional aggravating circumstances. As the most severe crime in the state, capital murder also brings the most severe punishment – the death penalty. Capital murder is defined as intentionally or knowingly killing a person under specific circumstances, such as murder for hire, the murder of a peace officer or firefighter, or murder during the commission of a serious crime. Capital murder – like murder – requires intent, premeditation, or indifference to human life.
What Are the Other Types of Murder in Texas?
What most states refer to as “first-degree” murder, Texas calls capital murder. Murder in the state can be charged when a person intentionally or knowingly causes the death of another person or intends to cause serious bodily injury and commits an act that results in the death of another person.
While often a first-degree felony, murder can be charged as a second-degree felony if the act was committed in the heat of passion. A first-degree felony for murder can result in from five to 99 years in prison, with the possibility of parole and fines as large as $10,000. A second-degree felony murder charge is punishable by two to 20 years in prison and fines as large as $10,000.
Manslaughter occurs when a person’s death is caused by a reckless disregard for human life and can be separated into involuntary manslaughter and voluntary manslaughter. Both are considered second-degree felonies with punishments of two to 20 years in prison and fines up to $10,000.
Criminally negligent homicide involves causing the death of another person through criminal negligence like reckless driving. Criminally negligent homicide is a state jail felony; a conviction for this offense carries between 180 days and two years in a state jail facility and a fine as large as $10,000.
What Are the Potential Defenses Against Murder?
While your specific defense will depend on the circumstances and facts surrounding your charges, some of the more common defenses for murder charges include:
- Mistaken identity occurs when a witness misidentifies a person charged with murder. Even though eyewitnesses may not mean to identify the wrong person, human memory is fallible.
- Self-defense can be a defense when equal force is used to protect the individual or their loved ones. An attorney will show the person charged with murder did not instigate the threatening situation and had a reasonable fear of death or bodily harm.
- Insanity can be used as a defense to murder in some instances if the person suffers from temporary or permanent diminished mental capacity to the extent that he or she does not realize the act is wrong.
- An attorney may be able to prove that there was no criminal intent to harm the other person (an element of murder) and that the death of the person was an accident rather than murder.
Contact a Cooke County, TX Murder Lawyer
There is no crime with harsher penalties than murder – particularly capital murder. When your life is on the line, you need a Denton County, TX murder attorney from Magaña & Van Dyke to strongly defend your rights and your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.
Following a sex scandal involving the senior pastor and founder of the Gateway Church in Dallas a few months ago, many state lawmakers are considering asking for harsher penalties for sex crimes against children. The upcoming legislative session in January 2025 may see some proposals meant to do just that. While every adult in the state of Texas who knows or suspects child sexual abuse is considered a mandatory reporter, few District Attorneys prosecute those who do not report.
Some would like to see this changed, along with the removal of statutes of limitations for Texas child sex abusers. While sexual abuse of a child is something few adults would champion, there are instances when children could be “coached” by another adult to claim something that did not happen. Regardless of the circumstances, if you are charged with sexual abuse of a child, it is extremely important that you speak to a knowledgeable Cooke County, TX criminal defense attorney.
What Are Sex Crimes Against Children?
The most commonly charged sex crimes against children in the state of Texas include:
- Criminal Solicitation of a Minor
- Indecency with a Child Under 17
- Improper Relationship Between Educator and Student
- Sexual Performance by a Child
- Possession or Promotion of Child Pornography
- Child Molestation
- Continuous child molestation
Penalties for Sex Crimes Against Children
Indecency with a child may be charged as a first-, second-, or third-degree felony. A third-degree felony for indecency with a child carries a penalty of no more than 10 years and no less than two years in prison. An improper relationship between an educator and a student is a second-degree felony, punishable by no more than 20 years or no less than two years in prison.
The sale, distribution, or display of harmful material to a minor under 18 is either a Class A misdemeanor (up to one year in jail and a fine of $1,000) or a third-degree felony (up to 10 years in jail, but no less than two years). Sexual performance by a child involves any performance (play, video, motion picture) is a second-degree felony with penalties of no more than 20 years in prison and no less than two years.
Employment harmful to children is a Class A misdemeanor, punishable by up to $4,000 in fines, up to one year in jail, or both. Possession or promotion of child pornography is either a third-degree felony punishable by no more than 10 years in prison and no less than two years or a second-degree felony punishable by no more than 20 years in prison and no less than two years. Child molestation is also a second-degree felony with the same penalties as those listed above
Potential Defenses for Child Sex Crimes in Texas
Child sex crimes are among the most difficult to defend. While each case is unique and will require a highly tailored defense, below are some of the most commonly used defenses to sex crimes against children.
- Examining a child’s testimony to determine whether the child has been coached by an adult with an ulterior motive.
- Determining whether statements from the accused were improperly obtained.
- Determining whether other civil liberties of the accused were violated, such as no Miranda reading or refusing the defendant’s request for an attorney.
- Police errors, including improper collection and handling of physical evidence.
Contact a Denton County, TX Sexual Abuse of a Child Lawyer
If you are facing charges involving a sex crime against a child, it is extremely important that you speak to a knowledgeable criminal defense attorney as quickly as possible. When you have a Cooke County, TX sexual abuse of a child attorney from Magaña & Van Dyke, you can expect the best outcome possible for your charges. Call 940-382-1976 today to schedule your free consultation. Se Habla Espanol.
Do You Have to Open the Door to Police in Texas?
If you have ever had a party at your home or been to a rowdy college party at a friend’s home, you may know that feeling of panic and fear when the police knock on the door and demand that the owner let them in. Even when there is nothing illegal going on in the home, it can be a gut-wrenching experience.
Are you sure there is nothing illegal going on? What if someone at the party has a joint in his or her pocket? What if one of the guests is not old enough to drink alcohol? What if the police know about that speeding ticket you forgot to pay? If you do not open the door, will they break it down like they do in the movies?
Since most people do not have a criminal defense attorney on speed dial, you may be uncertain of your rights and whether you legally have to open the door and let the police in. If you did let the police in without a warrant, or if you refused and they promised to come back with a warrant, you need to speak to an experienced Cooke County, IL criminal defense attorney as quickly as possible.
Can the Police Come In If the Owner Refuses?
The United States and Texas Constitutions protect the right of people to be secure in their “persons, houses, papers, and effects” against unreasonable searches. By definition, then, a search must be reasonable. If a search is later deemed to be unreasonable, all the evidence gathered from that search will be considered inadmissible.
The police almost always need a warrant to enter a person’s home without permission. To get that warrant, they must convince a judge, based on probable cause. A search is virtually always unreasonable without a warrant – or permission from the homeowner – with a couple of exceptions. If the police are knocking on the front door, the owner does not have to open the door.
If the owner does open the door and the police ask to come in, the owner should ask whether they have a warrant. If they say they do have a warrant, the owner should ask that they hold it up to a window or slide it under the door. Chatting with the police, even through a screen door, is virtually never a good idea.
The minute a person talks to the police, evidence begins to accumulate that can be used against him or her. The only thing anybody should ever say to the police (other than providing his or her name and address if asked) is, “I will not answer questions without a lawyer present.” But what about those “exceptions”? Police without a warrant can enter a home when there are “exigent circumstances.”
What Are Exigent Circumstances?
Texas courts detail three situations that can be considered under exigent circumstances:
- To prevent the destruction of evidence or contraband
- To render assistance to a person believed to be in danger
- To protect the officers from a person inside the home believed to be armed and dangerous
So, there are three situations in which an officer can enter a home: the owner gives the police permission to enter, the police have a warrant, or the police believe there are exigent circumstances. Even those who have absolutely nothing to hide should never invite the police into their home unless they have a warrant. If the police try to muscle their way in, never resist or run; people who do often end up injured or dead.
Contact a Denton County, TX Criminal Defense Attorney
If you are the victim of an illegal search and seizure, you need a Cooke County, TX criminal defense attorney who will advocate strongly for your rights. An attorney from Magaña & Van Dyke can ensure you receive a vigorous, thorough defense for any criminal charges you are facing. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol
A Kentucky man was recently arrested after allegedly sexually assaulting a mentally incapacitated resident at a Texas assisted living facility in Wylie. The 58-year-old man is facing charges of aggravated sexual assault and indecent assault. The alleged sexual assault was captured on a security camera installed in the victim’s room by her roommate’s family.
When reviewing the video, the roommate’s family member observed a male engaging in a sexual act with the other resident. Staff members from the facility were immediately contacted; they, in turn, contacted Wylie police. While the facility is fully cooperating with the investigation, the family of the victim removed her from the home. At this point in the investigation, it is not believed there are other victims.
Sexual assault, aggravated sexual assault, and indecent assault are all very serious sex crimes, with harsh penalties and the potential of being placed on the sexual offender registry. If you are facing sexual assault charges of any type, the outcome of your charges could hinge on whether you have a highly experienced Cooke County, TX sexual assault lawyer from Magaña & Van Dyke.
What Are the Differences Between Sexual Assault, Aggravated Sexual Assault, and Indecent Assault in Texas?
Sexual assault is one of the most serious crimes under Texas law. Non-consensual, unwanted sexual contact against another person that involves penetration constitutes sexual assault. Non-consensual means there was a lack of consent on the part of one party. Lack of consent can include physical force, manipulation, coercion, and threats of violence.
Sexual assault is usually charged as a second-degree felony. In many cases, there is little or no physical evidence to support sexual assault allegations, making the case hinge on the word of the alleged victim. Aggravated sexual assault is sexual assault that involves additional circumstances. These circumstances include:
- Serious bodily injury resulted from the sexual assault.
- A deadly weapon was used during the sexual assault.
- The sexual assault was committed against a child or an elderly or disabled individual.
Aggravated sexual assault is usually charged as a first-degree felony. Indecent assault is the lesser of the three crimes. It is a criminal offense under the Texas indecent assault law to touch or expose certain body parts (of the defendant or the alleged victim) without explicit permission to do so. This law also makes it illegal to share bodily fluids with another person without that person’s consent.
The crime of indecent assault lands somewhere between assault and sexual assault. No penetration is required as it is under sexual assault laws, but it is a more serious offense than the “offensive touching” required under assault laws. Indecent assault can be charged as a Class A misdemeanor or a state jail felony.
What Are the Penalties for Sexual Assault, Aggravated Sexual Assault, and Indecent Assault?
Sexual assault is a second-degree felony, with potential prison time from two to 20 years. If the sentence is 10 years or more, there is no probation. Deferred adjudication is possible, depending on the circumstances. A conviction for sexual assault requires lifetime registration as a sex offender.
Aggravated sexual assault is a first-degree felony, with potential prison time from five to 99 years. If the victim is younger than 14 or the sentence is 10 years or more, no probation is allowed for this offense. Deferred adjudication is not allowed, and a conviction for aggravated sexual assault requires lifetime registration as a sex offender.
Penalties for indecent assault depend on whether it is charged as a Class A misdemeanor or a state jail felony. A Class A misdemeanor conviction can result in up to a year in jail and/or a fine as large as $4,000. A state jail felony conviction results in 180 days to two years in jail and a fine as large as $10,000.
Contact a Denton County, TX Sexual Assault Lawyer
If you have been charged with sexual assault, aggravated sexual assault, or indecent assault, it is extremely important that you seek knowledgeable legal representation from a Cooke County, TX sexual assault attorney. When you choose Magaña & Van Dyke, you are not just another criminal defendant. We will use every tool in our considerable arsenal to protect your rights, your freedom, and your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.
When people think of assault, they usually picture a bar fight or some other kind of physical altercation. However, a person can be charged with assault even if he or she did not cause physical harm or make physical contact. There are several forms of assault under Texas law, all of which are treated harshly with severe penalties such as prison time and hefty fines. If you or someone you know is facing an assault charge, reach out to a qualified Texas criminal defense attorney.
What Is Assault?
Texas Penal Code § 22.01 defines assault as:
- Causing bodily injury to someone else
- Causing physical contact with someone when you know or should know that the person will find it offensive or provocative
- Threatening someone else with imminent bodily injury
The last category makes it clear that physical contact is not necessary for an assault charge. Even threatening someone can be considered assault, as long as that threat makes the person fear immediate bodily harm.
Furthermore, the law states that the physical contact does not need to cause injury or even be violent. Even if you do not hit or shove someone, you can still be charged with assault if you know that your physical contact will provoke or offend the person.
An important element of assault is intent. Someone who engages in any of the behaviors above must do so knowingly or recklessly for it to be considered assault.
What Are Examples of Assault Without Causing Physical Harm?
Based on the law’s definition, here are some common examples of assault that do not cause physical harm:
- Verbal threats: An argument that gets heated to the point of threats of violence can lead to an assault charge. Saying something like, “I’m going to kill you” while approaching the person could be considered assault in Texas.
- Brandishing a weapon: Showing a weapon to someone in a threatening way can qualify as assault, even if you do not touch it.
- Threatening movements: Movement alone can be considered assault if it causes the other person to fear imminent bodily harm. Cocking back your arm or lunging at someone, for instance, can lead to an assault charge even if you did not mean to follow through.
- Unwanted physical contact: Touching someone in a way that you know or should know will offend or provoke them can be considered assault. Even giving someone a hug after he or she has expressly asked not to be touched can result in charges.
What Are the Penalties for Assault?
The penalties for assault range from a Class C misdemeanor — the lightest punishment — to a felony:
- If there was no physical harm, the defendant might be charged with a Class C misdemeanor, which carries up to $500 in fines.
- If there was any form of physical injury, the defendant could be charged with a Class A misdemeanor, which carries up to a year in jail and up to $4,000 in fines.
- If the assault was committed against a family member, public servant, active security officer, emergency respondent, or pregnant woman, or if it involved choking, the charge could be enhanced to a second-degree felony. This is punishable by two to ten years in prison and fines of up to $10,000.
Assault charges can go as high as a first-degree felony in special circumstances, like if serious bodily injury was inflicted on a public officer in the line of duty.
Contact a Denton County, TX Assault Defense Attorney
The definition of assault is broad enough that some people may not be aware they are committing it. Protect your rights and future by contacting Magaña & Van Dyke. We are highly experienced attorneys and will devote our attention and resources to your defense. Call 940-382-1976 now to get a free consultation with a Cooke County, TX criminal defense lawyer today.
Texas law makes it a crime to possess drug paraphernalia with intent to use it. This means that even if you have not been found in possession of an illegal drug but possess utensils used for illegal drugs, you may be charged with a crime. But what objects are considered “drug paraphernalia”? Could everyday household items be included in that category?
Controlled substances are relatively easy to spot, but confirming whether an object is used for such substances is not so clear-cut. If you have been charged with possession of drug paraphernalia, reach out to a Texas criminal defense lawyer who will investigate your case and build a defense.
What Is Drug Paraphernalia in Texas Law?
According to the Texas Controlled Substances Act, drug paraphernalia is anything that is used for planting, growing, cultivating, processing, testing, making, storing, using, or hiding a controlled substance. This is a fairly broad definition that can include many objects, but the law also lists certain items that are considered drug paraphernalia:
- Kits used for planting or growing plants like marijuana
- A scale used for measuring a drug
- A sifter used to refine marijuana
- A pipe or inhalation mask used for consuming drugs
- A syringe used for injecting controlled substances
- A balloon or envelope used to store illegal drugs
- A bowl, container, spoon, or similar item used for mixing a drug
The above list is not exhaustive, and many other objects can be considered drug paraphernalia under the law.
Can Common Household Items Be Considered Drug Paraphernalia in Texas?
The law suggests that everyday household items may be considered drug paraphernalia if they are used for drugs in some capacity. Plastic bags, balloons, spoons, bowls, Tupperware, utensils, and many other things can result in criminal charges if law enforcement believes they are being used for controlled substances.
That poses the obvious risk of some people being wrongfully charged with possessing drug paraphernalia. Law enforcement usually uses certain clues to determine whether an item is an ordinary object or drug paraphernalia, such as:
- If the item is in close proximity to a controlled substance
- If the item shows signs of being used for drugs, like a spoon that has a burn mark
- If the item contains traces of an illegal drug
Police and the prosecution may use such circumstantial clues to accuse someone of possessing drug paraphernalia, but that may still not be conclusive proof. Hiring a qualified attorney is the best way to fight such accusations.
Contact a Cooke County, TX Drug Paraphernalia Possession Defense Attorney
The fact that ordinary household items can lead to charges of drug paraphernalia possession opens the door to possible rights violations. Make sure you have aggressive legal representation like Magaña & Van Dyke at your side. We are committed to protecting your rights and will fight rigorously for the best outcome. Schedule a free consultation with a Denton County, TX criminal defense lawyer today by calling 940-382-1976 now.
Romantic relationships between teachers and students are frowned upon by many educational institutions and states. Texas law is strongly opposed to sexual relationships between certain teachers and students, making them a criminal offense. Still, surveys report that as many as 10 percent of students report having sexual relationships with teachers, and 13 percent of educators report having them with students. If you are an educator accused of an improper relationship with a student, contact a Texas criminal defense attorney to begin building your defense right away.
What Is the Law About Relationships Between Teachers and Students?
Section 21.12 of the Texas Penal Code forbids sexual relationships between students and employees of primary or secondary schools. This means that any teacher, assistant, secretary, coach, janitor, or administrator in a primary or secondary school who has sexual contact or intercourse with a student is guilty of a crime. The law even covers students who are enrolled in the same school district where the employee works. It makes no difference if the student consents to the relationship or is at least 17 years old, which is the age of consent in Texas — it is still a criminal offense.
What Are the Legal Consequences of Having a Sexual Relationship With a Student?
A primary or secondary school employee who has a sexual relationship with a student can face both criminal and civil consequences, including:
- Criminal penalties: Violating the law on improper employee-student relationships is a second-degree felony, which carries between two and 20 years in prison and a fine of up to $10,000. If the student is a minor, the employee can also be charged with statutory rape and other related crimes.
- Professional discipline: If a teacher is caught having a sexual relationship with a student and is reported to the Texas Board of Education, his or her teaching license may be suspended or revoked.
- Impact on career opportunities: A school employee who has been accused of having a sexual relationship with a student will likely find it difficult to obtain future employment in schools.
How Can I Defend Against an Improper Relationship Charge?
Texas law lists two possible defenses against a charge of having an improper relationship with a student:
- The student was the teacher’s spouse at the time.
- The employee is no more than three years older than the student, and at the time of the incident, was in a relationship with the student that predated his or her employment.
It may also be a defense that the employee did not know the other party was a student.
Contact a Denton County, TX Criminal Defense Attorney
Having an improper relationship with a student is a serious offense that can result in many years in prison. Protect your rights and your future by contacting Magaña & Van Dyke. Our attorneys are highly experienced in criminal defense law and are committed to giving you the best legal defense possible. Schedule a free consultation with a Cooke County, TX improper relationship defense lawyer today by calling 940-382-1976 now. Spanish-speaking attorneys are available.
Executives are responsible for the management of a company. Some are in charge of the company’s operations, while others are tasked with bringing in revenue, overseeing personnel, or establishing strategic partnerships.
So when corporate fraud is committed, who is responsible? A corporation is considered a person in the eyes of the law and can be indicted. Does that mean that if the company is charged, its officers and managers are not liable?
Corporate fraud encompasses a wide range of state and federal misdemeanors and felonies that are generally referred to as white-collar crimes. This article will discuss what corporate fraud is, when executives are liable for corporate fraud, and how to consult a Texas criminal defense attorney to protect you against corporate fraud charges.
What Is Corporate Fraud?
Corporate fraud is an umbrella term for different types of fraud that can be carried out through a corporation. These include:
- Bribery: Offering money to a public official to influence his or her judgment is called bribery and is a federal crime.
- Corruption: Corruption is the willful abuse of authority and includes bribery, embezzlement, nepotism, and more.
- Money laundering: Some companies are used to launder money from an illicit source to make it legally “clean” in the eyes of authorities.
- Insider trading: Insider trading is when someone uses non-public information to profit from public trading, which is exploiting an unfair advantage.
- Corporate espionage: Corporate spying means illegally stealing trade secrets or intellectual property from a competitor to gain a financial advantage.
- Anti-trust violations: The US government has enacted anti-trust laws to ensure fair competition and prevent monopolies. Violating these laws is a serious federal crime.
These actions and others can fall under the category of corporate fraud and carry heavy penalties.
Are Corporate Officers Personally Liable for Corporate Fraud?
Many corporations are set up as entities that are separate from their managers. The president of an LLC, for instance, is usually not held personally liable for debts incurred by the company. When it comes to corporate fraud, however, an executive may be held accountable depending on his or her involvement in the fraud. For example:
- A corporate officer may be personally charged for company fraud if he or she was directly involved in the act.
- An executive may be held personally liable if he or she was aware of corporate fraud and knowingly did nothing.
- A corporate officer may be held personally liable for corporate fraud if he or she is found to have breached a fiduciary duty, which is a responsibility to act in the best interests of the company’s shareholders.
Contact a Cooke County, TX Corporate Fraud Defense Attorney
Corporate fraud can not only lead to a company’s destruction but can also result in heavy fines and lengthy jail sentences for its executives. At Magaña & Van Dyke, we are committed to giving our clients the best possible legal defense against corporate fraud or other criminal charges. With their extensive experience working within the criminal justice system, our attorneys understand how to create an effective legal strategy to protect your rights. Schedule a free consultation with a Denton County, TX criminal defense lawyer by calling 940-382-1976 today. Se habla Español.
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