Types of Online Fraud Charges

In Texas, several statutes can be used to prosecute online fraud cases. Common charges include:

• Fraud/Deceptive Trade Practices: This covers a wide range of deceptive online activities intended to unlawfully deprive others of money, property, or services.
• Identity Theft: Illegally obtaining and using another person’s identifying information, like name, date of birth, social security number, etc., for fraudulent purposes.
• Computer Crimes: Hacking, virus deployment, data theft, and other crimes targeting computer systems and data.

The Consequences Are Severe

Online fraud is treated very seriously under Texas law. Penalties can include hefty fines and potential prison sentences, even for first-time offenders. The exact punishments depend on factors like the monetary value involved and whether aggravating circumstances apply.

For example, the fraud/deceptive trade practices charge alone can lead to a state jail felony conviction within time in a state jail and a fine that can vary. Large-scale fraud over $300,000 is prosecuted as a first-degree felony.

Defending Your Case

If you or someone you know is facing accusations of online fraud in Texas, it is essential to secure legal representation promptly. An aggressive defense strategy will be key to protecting your rights, freedom, and future.

Some potential defense strategies, which depend on the circumstances:

• Lack of intent: Many fraud charges require proving intentional deception. Your lawyer may argue you lacked the requisite criminal intent.
• Entrapment: If law enforcement used overly persuasive tactics to induce the alleged crime, an entrapment defense may apply.
• Fourth Amendment violations: Challenges to illegally obtained evidence or unconstitutional searches or seizures.
• Overcharging: Prosecutors sometimes “overcharge” in an attempt to gain a plea bargain advantage. Your defense may negotiate for reduced charges.
• Denial of allegations: If you maintain lawful online activities, your lawyer will aim to create reasonable doubt by poking holes in the prosecution’s case.

Contact a Cooke County, TX Criminal Defense Attorney

Regardless of the situation, you are entitled to a defense against allegations of online fraud. A Denton County, TX criminal defense lawyer is ideal to have on your side to determine which step you should take next. Call Magaña & Van Dyke at 940-382-1976 to start with a free consultation.

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What to Know About Texas Domestic Violence Laws

According to the Family Code in Texas, domestic violence is defined as any action taken by a family or household member to cause physical injury, bodily harm, assault, or issuing a threat that reasonably instills fear of immediate physical harm in the victim. The severity of these offenses can vary widely, from relatively minor Class C misdemeanors to serious first-degree felonies, depending on the seriousness of the act and whether a deadly weapon was involved.

Gathering Evidence

Your first step should be to collect and preserve any evidence that can support your innocence. This may include text messages, emails, voice recordings, photographs, or videos contradicting the accuser’s claims or demonstrating their motivation for making false allegations. Eyewitness accounts from friends, neighbors, or family members who can attest to the accuser’s behavior or the falsity of the claims can also be powerful evidence.

Filing for a Protective Order

In some circumstances, you may need to proactively seek a protective order against the accuser to prevent further false allegations, harassment, or the possibility of retaliatory accusations. A protective order can legally prohibit the accuser from contacting you, coming within a certain distance of your residence or workplace, or engaging in any form of harassment, intimidation, or other threatening behavior.

Building a Defense Strategy

Your attorney will work closely with you to develop a strong, tailored defense strategy based on the specifics of your case. This may involve challenging the accuser’s credibility and motivations, presenting evidence that contradicts their claims, or demonstrating that the alleged violence could not have occurred as described. An effective defense may also show that injuries were accidental or that you acted in self-defense.

Potential Alternatives to Trial

In some false allegation cases, your attorney may explore alternative dispute resolution methods, such as mediation or negotiation, as a potential path to resolving the matter without going to trial. These alternatives have pros and cons but can sometimes help avoid the stress, expense, and uncertainty of a trial while still potentially achieving a more favorable outcome than a conviction at trial.

Contact a Cooke County, TX Criminal Defense Lawyer

False allegations of domestic violence are unlawful and a terrible abuse of the justice system. By taking prompt action and seeking a Denton County, TX criminal defense attorney, you can learn the best potential steps forward for your specific situation with our firm, which has been around for nearly two decades. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

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What Constitutes Public Intoxication?

Under Section 49.02 of the Texas Penal Code, a person commits an offense of public intoxication if they appear in a public place while intoxicated to the degree that they may endanger someone else or themselves. It is vital to know that Texas law does not state a blood alcohol concentration (BAC) level that definitively proves intoxication. Officers rely on common signs of intoxication to determine if someone is publicly intoxicated, including:

• Slurred speech
• Unsteady balance
• A strong odor of alcohol
• Red or glassy eyes
• Difficulty completing sobriety tests

Just having consumed alcohol prior to appearing in public does not necessarily mean you will meet the standards for public intoxication. Instead, it depends on your outward displays and the officer’s judgment.

Where Public Intoxication May Occur

Many people assume public intoxication can only happen outdoors on streets, sidewalks, or in parks. However, under Texas law, indoor spaces like stores, bars, restaurants, lobbies, parking garages, and stadiums constitute public places. You do not necessarily have to be wandering the streets to face public intoxication charges. Any business or space considered open to the public applies. Even common areas of apartment buildings may fall under public intoxication laws.

Penalties and Punishment in Texas

In Texas, public intoxication is classified as a Class C misdemeanor. If convicted, you face up to $500 in fines. There is no jail time for first-time offenders. Depending on the type of charge, there may not be jail time either, even if it is a repeated offense. Your specific penalty depends heavily on mitigating factors of your public intoxication offense:

• Criminal history
• Cooperation with law enforcement
• Disruption caused at the time of the offense
• Available defense arguments

It is also possible to have public intoxication charges dismissed through a plea bargain or upon further review of the circumstances. A lawyer can advise you on the best options based on your circumstances.

Contact a Cooke County, TX Criminal Defense Lawyer

Public intoxication allegations can carry steep consequences in Texas, both legally and personally. Never assume you cannot face charges based on location or blood alcohol level. You should be aware of your rights when you face these charges. A Denton County, TX criminal defense attorney can help explain your options. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

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Were You Unaware You Were Resisting?

Another defense your lawyer might use is that you were unaware you were resisting in the first place. Perhaps you reflexively pulled your arm back when cuffed or did not hear instructions over ambient noise.

Texas law requires suspects to resist for it to be a knowingly committed crime. Your charge could get dismissed with evidence you did not intend to oppose officers.

Questioning the Legality of the Initial Detention or Arrest

The very first step is determining whether the original detention or arrest by law enforcement was legal in the first place. Sometimes, you can still face charges even if the arrest was unlawful. However, you can work to fight the charges.

So, for example, if police officers put their hands on you, restrained you, or took you into custody without proper probable cause or a valid warrant, then any reasonable resistance or failure to comply on your part would likely not qualify as a crime under Texas law. An experienced local criminal defense lawyer can thoroughly review your arrest’s specifics to assess whether law enforcement overreached its authority or blatantly violated your civil rights and liberties.

Were Mistakes Made In Reporting the Arrest?

Carefully scrutinize the police report for any misleading or false statements about how the arrest went down. Common mistakes include:

• Exaggerating the level of resistance shown
• Failing to note communication problems impacting compliance
• Lying about orders given or conduct during the arrest

Spotting material inaccuracies can help undermine the state’s case and have charges reduced or thrown out.

Contact a Denton County, TX Criminal Defense Lawyer

With an attentive Cooke County, TX criminal defense attorney fighting by your side, you have a strong chance of beating the charge and clearing your name. Do not be afraid to push back against police misconduct. Call Magaña & Van Dyke at 940-382-1976 to get started with a free consultation and to see if and how we can help you with your specific situation.

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File a Motion to Suppress Evidence

One of the most effective ways to get felony charges dropped is by filing a motion to suppress evidence. If there are issues with how evidence against you was obtained by police and prosecutors, your defense attorney can argue that it violates your Constitutional rights and should be inadmissible.

For example, if evidence was seized without probable cause or reasonable suspicion of a crime, your attorney can file a motion to suppress. If the judge agrees that prosecutors or police acted improperly in collecting evidence, the judge may suppress that evidence, which can result in dropped or reduced charges due to lack of evidence.

Negotiate a Plea Deal

Prosecutors know that felony trials require significant resources and prosecutors are often open to negotiating plea deals that reduce charges. Your attorney will thoroughly review your case and identify weaknesses, lack of evidence, or extenuating circumstances that could convince prosecutors to offer a plea deal to a lesser misdemeanor charge. This strategy avoids the risk of losing at trial and results in greatly reduced penalties compared to a felony conviction.

Use an Affirmative Defense Strategy

Texas law provides certain affirmative defenses that may justify otherwise illegal behavior. For example, self-defense, insanity, duress, or necessity. By building an argument supported by evidence that your actions were protected under the law, your attorney may get charges dismissed by a judge in pre-trial proceedings or win an acquittal at trial.

Contact a Denton County, TX Criminal Defense Attorney

The consequences of a felony conviction can last for years or even the rest of your life. The potential of jail time, fines, and barriers to jobs and housing justify an aggressive defense strategy to get charges dropped whenever possible. A Cooke County, TX criminal defense lawyer can potentially review the facts of your unique case and apply negotiation tactics. Call Magaña & Van Dyke at 940-382-1976 for a free consultation to get started and see what the potential may be for your specific case.

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What Constitutes a Probation Violation

There are two main categories of probation violations in Texas: technical violations and substantive violations. Technical violations cover failures to follow administrative probation terms properly, like missing meetings with your probation officer, failing drug or alcohol tests, not keeping probation informed of your current address, traveling outside permitted jurisdictions without permission, or failing to pay fines or fees. More serious violations for things like committing a new crime, possession of contraband, or positive drug tests are considered substantive violations.

The penalties imposed depend greatly on whether the violation is technical or substantive in nature. Technical violations typically lead to extensions of probation terms or modifications of conditions. However, substantive violations are more likely to end in actual jail time or full revocation of probation.

Violations Can Often Be Fought

Many people assume that any probation violation means they are heading straight to jail or prison. However, that is often not the case. There is usually room for defense arguments to be made. For example, violations can sometimes be shown to be false or mistaken allegations. Other times, mitigating circumstances may explain why a probationer was not able to fully comply with all terms. Faulty drug tests or minor violations may also convince prosecutors not to seek revocation.

Get a Lawyer Involved Immediately

As soon as you learn that a Motion to Revoke Probation has been filed, getting an attorney involved is critical. The lawyer can obtain evidence and documents related to the allegations, work to get you released quickly if you are arrested, negotiate with the probation department or District Attorney’s office, and challenge violations in probation revocation hearings.

Do Not Wait Until it is Too Late

Timing is critical for fighting probation violations. Once a judge formally revokes probation and imposes a sentence, options become very limited. If there is an outstanding warrant related to an alleged violation, contacting a lawyer quickly is wise. Turning yourself in with legal representation ready allows you to immediately work towards release rather than sitting in jail for weeks while the case gets resolved.

Contact a Denton County, TX Criminal Defense Lawyer

Any claimed violation should be taken seriously, as penalties for revocation can be harsh like years in prison. However, violation allegations can often be contested successfully if fought in a timely and strategic manner. An experienced Cooke County, TX criminal defense lawyer can review your case and provide honest assessments and advice about options. In many cases, working quickly to challenge allegations prevents full probation revocation. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

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Defining Disorderly Behavior

Texas statute states that disorderly conduct is when an individual intentionally or knowingly uses “indecent, vulgar, abusive, or profane language in a public place” that incites breach of the peace. Also included is making “offensive gestures or displays” inciting lawless action. So vulgarity and offensive visible expressions causing public unrest meet disorderly conduct criteria.

What Types of Language Qualify?

While the legal definition appears rather broad, disorderly conduct ultimately hinges on speech sparking potential violence from others. Simple profanity like cursing typically falls under free speech protections. However, stringing together fighting words and aggressive phrases threateningly earns disorderly conduct charges. Context matters most for these types of cases.

When Do Gestures Become Criminal?

Likewise, not all distasteful public gestures break Texas disorderly conduct laws. For example, raising middle fingers, though crude, often fails on court challenges. However, coupled with aggressive verbiage and environmental context, hand gestures and signals perceived as wanting to fight prompt disorderly conduct.

Can My Free Speech Rights Get Violated?

Technically, dialects and motions expressing anger or frustration remain lawful until language and actions cross over into threats of harm or lawlessness against people or property. By then, free speech bounds no longer apply. When charges happen regardless, experienced criminal defense lawyers can invoke First Amendment infringements via court petitions dismissing unfounded disorderly conduct accusations.

Avoiding Trouble Situations

Because disorderly conduct in Texas centers on reactions by others, avoiding confrontations presents the simplest path to prevent allegations. Refrain from responding to insults or perceived slights. Report public harassment to property owners or call law enforcement. Video record disorderly people rather than engaging if feeling unsafe as it can get turned around on you for causing the situation.

Contact a Cooke County, TX Criminal Defense Lawyer

Facing false or exaggerated disorderly conduct allegations still happens too frequently when emotions escalate. Working alongside a Denton County, TX criminal defense attorney to examine questionable accusations against free speech protections can provide assurance to defeat unfounded disorderly conduct claims. Call Magaña & Van Dyke at 940-382-1976 for a free consultation to know what the next step you should take is.

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Theft Means Taking Property Unlawfully (Without Force)

The basic definition of theft under Texas law states that it involves illegally taking property belonging to someone else, without their consent. Theft can involve anything—money, items, data, services—having tangible monetary value. Charges vary based on what gets stolen and its worth, ranging from misdemeanors up to felony counts carrying years in prison depending on specific case circumstances and the accused party’s criminal record.

Robbery Requires Violence or Threats (Actual or Perceived)

The difference with robbery is that it involves taking property by force or violence. For example, armed bank heists clearly constitute robbery. Even verbal threats implying harm to induce giving up valuables can qualify under statutes. Perceived danger matters more than actual ability to apply force. So even unloaded guns meet the standard if victims feel under real threat.

Sometimes Force or Arms Get Used in Thefts

It is important to know that there is a gray area dividing basic theft from robbery. Shoplifters simply slipping merchandise into pockets commit misdemeanor theft. Thieves who pull knives when caught by staff exhibit willingness to apply force, bumping crimes into aggravated robbery. Prosecutors typically upgrade disputed charges to seek lengthier incarcerations using “deference to force” arguments.

Do Not Guess About Potential Penalties


With something as pivotal as personal freedom at stake, the precise labeling of taking or stealing-related crimes against you demands careful investigation. Compare details against Texas statutes or consult an experienced criminal defense attorney to determine proper classification. Once the specific offenses get correctly identified, appropriate defense strategies become clearer to seek charge reduction or dismissal and mitigate sentencing risks if convicted by restricting actual prison exposure. Do not leave the proper interpretation of theft vs robbery charges in your case to chance and guesswork. The stakes remain too high for anything less than certainty.

Contact a Denton County, TX Criminal Defense Attorney

When you are facing a serious charge like robbery or theft, it is beneficial to work with a Cooke County, TX criminal defense lawyer. Without legal representation, you could potentially get more charges against you than if you had an attorney on your side. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

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Seek Legal Representation Promptly

If a failed, positive drug screening comes back from the lab against the terms of your probation, immediately inform your probation officer transparently. You should first discuss the next best steps and strategy in confidentiality with a criminal lawyer, specifically in these matters. In Texas, any admission of guilt to authorities without an attorney present can critically backfire in court.

Assess Any Contraband Defense Excuses in Your Favor

Work with your attorney to determine whether any viable defenses apply to potentially excuse, justify, or cast strong doubt about substance usage on the preliminary findings. Time-sensitive possibilities include procedural flaws or deviations in the handling or testing process, which could compromise validity, false positive substance test results, legitimate passive inhalation issues, or credibly lacking knowledge of or intent for contraband exposure before the collected drug test sample.

Upon request, your attorney can also obtain confirmation testing of held samples by independent medical review. They can scrutinize all protocols, forms, chain of custody documents, and handling steps involved in the original drug screening collection process. Certain prescription drugs are also widely known to prompt false positives on common low-cost screening tests.

Create Sentence Mitigation Factors in Your Favor

If probation violation allegations ultimately still stand firm enough to proceed, your responsive attorney also begins preparing written sentencing mitigating arguments. This is to put you in the best possible light when facing the judge. It can intentionally highlight examples of rehabilitation progress made and milestones genuinely achieved during your period of community supervision probation up until this isolated setback. Judges legally have limited but useful discretion in accounting for the balance of achievements versus violations.

To further mitigate, the additional connection is made by citing the difficulty of life circumstances that disrupted stabilities and may have influenced or enabled unfortunate one-time access to substance use temptation. This could be scenarios like job loss, relationship breakup, family illness trauma, or unmanaged mental health issues. The compassionate goal becomes further humanizes the context of mistakes. It helps the court see how much motivation exists inside you to get back on track regarding compliance from here forward.

Contact a Denton County, TX Criminal Defense Attorney

If you are facing a probation violation, you deserve a fair chance at seeing how you may potentially be able to lessen the charge. A Cooke County, TX criminal defense lawyer can help you. Call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation.

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Enhanced Penalties

Texas has extra penalties for CDL holders convicted of DWI while operating any vehicle, even a personal one. These include automatic CDL suspension for one year for first offense and lifetime revocation for two or more DWIs. Jail time also increases compared to non-CDL drivers.

Additional Charges

Prosecutors often pursue additional charges against commercial drivers like reckless driving, failure to maintain control, hazardously transporting cargo, or endangerment if an accident occurred. These charges can increase fines and sentences if convicted.

Administrative Hearings

After a DWI arrest, CDL holders face their criminal case as well as Department of Public Safety (DPS) administrative license hearings. Even if criminal charges are reduced or dismissed, DPS can still suspend or revoke your CDL. Separate legal representation is needed.

Immediate Impact

A DWI arrest means an immediate loss of driving privileges and grounding from commercial driving. Getting an occupational license is complex. Working quickly to reduce bond conditions and get privileges restored is critical to resuming work.

Plea Strategy

Experienced lawyers know prosecutors resist reducing CDL DWI charges to avoid license impacts. Limited plea bargain options exist, but creative lawyering can sometimes find a resolution protecting your CDL. Thoroughly weighing the risks of going to trial is critical.

Do Not Put Off Getting a Lawyer

The time begins after a CDL DWI arrest in Texas. Acting quickly to get legal representation maximizes keeping your license and job options. Last-minute legal scrambling will end up limiting your strategies.

Know Your Rights

Many commercial drivers are unclear on rights regarding DPS hearings, blood draws, refusal of field sobriety tests, and providing documentation at the scene. An attorney ensures you avoid misunderstandings leading to further charges.

Contact a Denton County, TX Criminal Defense Lawyer

Having legal representation in commercial DWI defense is vital for CDL holders facing DWI charges. A Cooke County, TX criminal defense attorney can help you make sure you are on the right path. Unique defense strategies can be employed to keep your record clean because your career depends on it. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

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