Juan L Guerra Jr & AssocJuan L Guerra Jr & Assoc2024-03-18T18:11:43Zhttps://www.jlglawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1103610/2024/03/cropped-site-identity-32x32.pngOn Behalf of Juan L Guerra Jr & Assochttps://www.jlglawoffice.com/?p=495752024-01-14T18:21:05Z2024-01-14T18:21:05Zintangible right of honest services," according to a federal statute.
The college admissions scandal
Consider an example. You probably remember the college admissions scandal a few years back that landed some famous and other wealthy parents in serious legal hot water and even behind bars in federal prison. One of the things some of these parents were accused of – and many admitted to – was paying university coaches to help get their kids into schools based on athletic ability and experience they didn’t actually have. These transactions were handled through a third party, who also faced serious federal charges.
These transactions harmed student athletes who were genuinely qualified to go to these schools and compete in sports there. Universities were also harmed with regard to their coaches’ “honest services,” when they chose money over their responsibilities to recruit the best student athletes.
Other examples
Honest services fraud can occur in just about any industry and profession. Doctors who refer patients to a particular specialist in exchange for a “kickback” from that specialist, for example, can be charged with honest services fraud because they’re placing monetary interests over connecting a patient with the best doctor for them. It occurs in private companies of all sizes and in the public sector as well.
This type of fraud often involves wire or mail fraud. Wire fraud is more common these days because most transactions are carried out, at least in part, via text, email, online or over the phone. Mail fraud involves some use of either the U.S. Mail or delivery or courier services. Criminal consequences can involve prison sentences of up to 20 years in addition to significant fines.
If you’re under investigation for any kind of federal fraud or have already been charged, it’s crucial that you get experienced legal guidance right away. There are ways to defend against these charges or at least minimize the consequences. This effort can help you protect your freedom and your reputation.]]>On Behalf of Juan L Guerra Jr & Associateshttps://www.jlglawoffice.com/?p=485042024-01-04T14:54:29Z2024-01-04T14:54:29ZDefendants have the right of discovery
Texas state prosecutors must provide information about the state's evidence to defense attorneys before the case goes to trial. The right of discovery is the right to review the state's evidence at length. Information about witnesses, reports about forensic evidence and any other evidence, like video camera footage, should be available to the defense team before a criminal trial occurs.
The defense team can then potentially plan a strategy that challenges the validity of the evidence or the way that the state interpreted it. While prosecutors do not have to divulge their strategy, they do have to provide an exhaustive list of all evidence that they might present in court. The defense team can then find ways to counter or undermine each different piece of evidence.
In some cases, it may be possible to exclude certain evidence from trial because police officers violated someone's rights. Other times, it may be possible to raise questions about the accuracy of the evidence. Bringing in expert witnesses and forensic specialists could raise questions about whether the state properly handled the evidence or reached the right conclusion when evaluating it.
The best defense strategies often stem from a careful review of the state's case against a particular defendant. Learning about the rights of those accused of crimes in Texas, and seeking legal guidance accordingly, may benefit those hoping to avoid a criminal conviction.
]]>On Behalf of Juan L Guerra Jr & Associateshttps://www.jlglawoffice.com/?p=485022024-01-02T11:58:23Z2024-01-02T11:58:23ZDriving While Intoxicated (DWI) charges are serious and can have long-lasting consequences. If you're suspected of DWI, knowing what not to say during the encounter with law enforcement is crucial.
What you say can significantly impact the outcome of your case.
Avoid admitting you were drinking
One of the first questions an officer might ask is if you have been drinking. Admitting to any alcohol consumption can be used against you in court. It's better to politely decline to answer the question. Remember, you have the right to remain silent.
Avoid speculating about your intoxication level
Don’t make statements about how much you think you've had to drink or how it might affect you. Any speculation can be interpreted as an admission of guilt.
Refusing field sobriety tests
In Texas, you are not legally required to perform field sobriety tests. Politely declining these tests can be a strategic choice. However, be aware that refusal can have its own consequences, such as license suspension in some situations.
Avoid self-incrimination
Avoid sharing details that might incriminate you, such as where you were, who you were with or what you did before driving. Stick to short, direct answers if you choose to respond. You have the right to remain silent, so exercising this right is best in many situations. Navigating a DWI accusation requires careful consideration of your words and actions. Understanding what not to say is just as important as knowing your rights. Knowing your legal rights and options is crucial if you are in this situation. Remember, your responses during a DWI stop can significantly impact the legal proceedings.]]>On Behalf of Juan L Guerra Jr & Associateshttps://www.jlglawoffice.com/?p=484932023-12-14T01:27:22Z2023-12-14T01:27:22ZTexas state law that people overlook or misunderstand. Those who are unfamiliar with how Texas defines assault could end up accused of criminal activity because of a flirting scenario gone wrong.
Offensive or provocative touch is a form of assault
Flirting can be fun for everyone involved or even a way for service professionals to maximize the tips they receive. Most flirting involves playful banter or non-verbal communication. Simply flirting with a server or another person at a party won't lead to assault charges. Touching someone in a sexual manner without their consent could.
Some people simply take things too far when flirting, possibly because they perceive the other party as being receptive. Others lash out to retaliate when they sense rejection. Someone might grab another person or even give them what they consider a playful swat on their behind. The perception of the person touched without their permission usually determines if that act is offensive or not.
Especially if the other party is someone doing a job, like a waitress, that unwanted physical contact could very well cross a line. Physical touch intended to provoke or offend someone, including sexual touching, is a form of assault under Texas law.
People who take things too far when meeting someone new or trying to change the dynamic of an existing relationship could end up accused of a criminal offense. Learning about the different definitions of assault in Texas could help people avoid mistakes that might lead to charges.]]>On Behalf of Juan L Guerra Jr & Associateshttps://www.jlglawoffice.com/?p=484912023-12-03T16:57:37Z2023-12-03T16:57:37ZRepeat offenders could face a felony charge
A technical or per se DWI offense is usually a misdemeanor in Texas. However, prosecutors can and sometimes will bring felony DWI charges against those accused of intoxication at the wheel. Repeat offenses can lead to felony charges without any other aggravating factors.
If someone has already had two DWI convictions, then their third DWI will likely lead to felony charges. Third and subsequent DWI offenses will carry harsher penalties and result in a felony criminal record that can significantly reduce someone's opportunities in life. The only sure way to avoid felony DWI charges is to prevent a third or subsequent DWI conviction.
Successfully defending against DWI charges can both eliminate the risk of criminal penalties and reduce the possibility of felony prosecution in the future.]]>On Behalf of Juan L Guerra Jr & Associateshttps://www.jlglawoffice.com/?p=484892023-11-24T03:17:06Z2023-11-24T03:17:06ZThe police have several tools and methods to investigate drivers who are suspected of drunkenness. While the police can use chemical breath tests to evaluate the amount of alcohol in a driver’s body, a Breathalyzer may not be their first choice.
Instead, the police may ask a driver to take a standardized field sobriety test. Here is some information about each test drivers may encounter:
Horizontal gaze nystagmus test
The police could evaluate a driver's focus by using a horizontal gaze nystagmus test. A horizontal gaze nystagmus test begins by having the driver stare at a pen, the officer's finger or a light. The driver will then keep their head still as the police move the object from left to right. As the driver focuses on the object with their eyes, the police are looking for eye flickers that might indicate inebriation.
One-legged stand test
A driver may be asked to stand on one leg for several seconds; this is called a one-legged stand test. The police will watch the driver as they hold their balance. The driver could fail the test if they fall over, put their foot down or put their arms out to keep balance.
Walk-and-turn test
The police may ask the driver to do a walk-and-turn test. This test involves the driver taking several paces toe-to-heel on a straight line. The driver may then have to walk back the same way to where they started. If the driver stumbles or walks off the line, they could fail the test.
Non-standardized field sobriety tests
Drivers may be asked to take other kinds of tests. If these tests are not sanctioned by the National Highway Traffic Safety Administration, then they are non-standardized. A non-standardized test may involve a driver listing the alphabet backward, for example.
Drivers are under no obligation to submit to these tests, but many do so because they're intimidated. If a traffic stop eventually leads to a drunk driving charge, it's always wisest to seek experienced legal guidance.]]>On Behalf of Juan L Guerra Jr & Associateshttps://www.jlglawoffice.com/?p=484842023-11-05T23:35:21Z2023-11-05T23:35:21ZIdentity theft requires intent
Identity theft as a crime requires the intent to use someone’s personal information to commit fraud. Or, if you were merely passing the information on, to know that the person you gave it to intended to commit fraud with it.
If you’re under suspicion of wrongdoing
Let’s say you work in a store, and a customer handed you their card momentarily. Or that you have legitimate access to a company’s database of client information. If someone later discovers that fraudulent transactions or applications have been made from their accounts, the authorities may think you had something to do with it. They may reason that you had that information in your hands at one point, so you may have either carried out the fraud or knowingly passed on the information for someone else to commit fraud with it.
However, the state will need to prove that you had intent to commit this offense before you can be justifiably convicted of it. Even if you obtained personal information illegally, such as through hacking a system just to show you could, it does not necessarily mean that you committed identity theft, although you could face other serious charges.
Investigators often try to link up the dots to create lines between two things that have no connection. If they have wrongly linked you to identity theft, it’s crucial to learn more about your options to prove them wrong. Contacting an attorney right away is, therefore, very important.]]>On Behalf of Juan L Guerra Jr & Associateshttps://www.jlglawoffice.com/?p=484822023-11-02T00:46:11Z2023-11-02T00:46:11ZOtherwise innocent people may unknowingly support theft
Resale facilities, like pawn shops, used to be an ideal means of converting ill-gotten goods into capital. Texas laws have made it much more difficult for thieves to sell high-value assets to pawn shops and other established businesses by requiring anti-theft record-keeping measures from those companies. Therefore, thieves have adapted to directly reach possible markets. They sell the items that they have found online or even put up a stall at a flea market offering electronics, designer handbags and other property stolen from others that consumers want to buy.
The unfortunate truth is that if the price of a second-hand consumer good seems appropriately low, there's a possibility that the item doesn't belong to the seller but rather just someone else. Those found in possession of stolen property can face the same types of penalties as those accused of stealing the property in the first place. The overall value of the items and the nature of the property will determine the charges and penalties someone faces. If the value of the items is $2,500 or more, Texas prosecutors can pursue felony charges. Not only will someone end up deprived of the item they purchased, but they could also face prosecution.
Developing a better understanding of Texas state law can help people more effectively respond to allegations that they have violated the law by purchasing second-hand property. Seeking legal guidance is a good way to get started building a solid defense strategy under such circumstances.]]>On Behalf of Juan L Guerra Jr & Associateshttps://www.jlglawoffice.com/?p=484802023-10-18T13:31:02Z2023-10-18T13:31:02ZState law on graffiti
According to Texas law, a person commits a graffiti offense if they intentionally write, paint or draw on the tangible property of another person without the other’s consent. The law also clearly states that the offense must involve using some permanent marking or difficult-to-erase medium, such as paint, an indelible marker or an etching device.
The penalties
Those who violate Texas’ law against graffiti potentially face criminal charges. The criminal grade and penalties the convicted face depend on how much loss the owner of the defaced property suffered because of the graffiti:
Property owner suffered a loss of less than $100: This is a Class C misdemeanor, which carries as much as $500 in fines.
Property owner suffered a loss of $100 or more but less than $750: This is a Class B misdemeanor, which leads to up to 180 days in jail and as much as $2,000 in fines on conviction.
Property owner suffered a loss of $750 or more but less than $2,500: This is a Class A misdemeanor, which leads to up to a year in prison and as much as $4,000 in fines on conviction.
Property owner suffered a loss of $2,500 or more but less than $30,000: This is a state jail felony. A convicted person faces up to two years in prison.
Property owner suffered a loss of $30,000 or more but less than $150,000: This crime is a felony of the third degree. A convicted person faces up to 10 years in prison.
Property owner suffered a loss of $150,000 or more but less than $300,000: This crime is a felony of the second degree. A convicted person faces up to 20 years in prison.
Property owner suffered a loss of $300,000 or more: This crime is a felony of the first degree. The highest possible criminal grade for graffiti offenses, a convicted person faces life imprisonment or a maximum 99-year sentence.
A graffiti offense also immediately becomes a state jail felony if the marking was made on a school, an institute of higher education, a place of worship, a public monument, or a community center.
Graffiti might also count as criminal mischief
In addition to graffiti charges, a person accused of drawing graffiti may also face separate charges for criminal mischief. Charges for criminal mischief may lead to penalties as low as those for Class C misdemeanors but can also reach felony levels if the act of graffiti disrupts the operations of a public utility.
Graffiti might look like a harmless way to create urban art, but it’s a punishable offense in Texas that can lead to prison time. Those accused should consider their defense options, especially if their art caused thousands of dollars in damages.]]>On Behalf of Juan L Guerra Jr & Associateshttps://www.jlglawoffice.com/?p=484772023-10-04T15:46:37Z2023-10-04T15:46:37ZTexas law on trade secret theft
Per state law, stealing, making a copy of, or communicating a trade secret without the owner’s consent is illegal. The offense is a felony of the third degree, and anyone convicted of the crime must pay as much as $10,000 in fines and serve up to 10 years in prison.
Federal law on trade secret theft
Meanwhile, the U.S. Code states that anyone who steals, misappropriates, duplicates, photographs, alters, destroys, receives or buys trade secrets knowing that the information is stolen, is committing a federal criminal offense. It’s also a crime to conspire with others to commit such offenses.
Those who are convicted of this offense will be heavily fined and ordered to serve a maximum 10-year prison sentence. Organizations that commit trade secret theft offenses must pay as much as $5,000,000 in fines, or three times the value of the stolen information.
While trade secrets invite speculation and can be fun mysteries to ponder, trying to divulge them without the owner’s consent is a crime. Those charged with this type of offense shouldn’t underestimate the strict penalties that await them.]]>