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- Continuous Smuggling of Persons Under Texas Penal Code Ann. §20.06(f)
- Continuous Smuggling of Persons Under Texas Penal Code Ann. §20.06(g)
- Continuous Trafficking of Persons in Texas Penal Code Ann. §20A.03(a)-(e)
- Murder in Texas Penal Code Ann. §19.02(b), (c)
- Sexual Assault Under Texas Penal Code Ann. §22.011(f)
- Tampering with Consumer Product Under Texas Penal Code Ann. §22.09(b), (d)
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- Improper Relationship between Educator and Student under Texas Penal Code Ann. §21.12(a), (b)
- Manslaughter under Texas Penal Code Ann. §19.04
- Murder Under The Immediate Influence Of Sudden Passion In Texas Penal Code Ann. §19.02(B), (D)
- Smuggling of Persons under Texas Penal Code Ann. §20.05(b)(1)
- Tampering with Consumer Product Under Texas Penal Code Ann. §22.09(b), (d)
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- Unlawful Use of Criminal Instrument or Mechanical Security Device in Texas Penal Code Ann. §16.01(a)(1), (c)
- Preparatory Offenses
- Criminal Solicitation of a Minor in Texas Penal Code Ann. §15.031
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Recent Blog Posts
Take Action if You Are Facing an Investigation for Fraud
Auditors employed in a large corporation have more access to financial information than most employees and are perfectly positioned to engage in some form of white-collar crime.If you find that you and other members of the accounting department are under investigation for fraud, what are your next steps?
Understanding White-Collar Crime
White-collar crime is a non-violent crime based on deception, one that often involves abusing a position of trust. In a corporate environment, it might be a crime such as embezzlement, accounting fraud, wire fraud or forgery. The company might not have the internal controls in place to identify issues such as these and the crime could continue undetected for months or even years. Fraud is often the result of pressure, such as personal financial problems, opportunity and rationalization.
Following Up On A Tip
It only takes a tip from a whistleblower for an investigation to begin. However, because white-collar crimes are complex, they are usually of long duration. Some take years to complete. While investigations can begin at the state level, teamwork often develops through the addition of federal resources such as agents from the FBI and IRS.
Understanding Criminal Allegations of Fraud
Financial crimes are considered rather serious, as they can cause significant harm to individuals and companies when committed against them. In many cases, an act of fraud involves intentional acts of deception in order to obtain significant monetary gain. However, a charge of fraud could result even if the amount in question is not large. Thus, considering one's criminal defense options when accused of the criminal act of fraud in Texas and elsewhere is imperative.When a person is facing allegations of fraud, this crime must be proved beyond a reasonable doubt. Thus, the elements of this crime must be proven. Generally, this means that the accused purposefully misrepresented a material fact, they had knowledge that it was false, the victim of the crime justifiably relies on the misrepresentation made by the accused and the victim suffers actual loss as a result.
Fraud is a broad crime and could include criminal acts such as identity theft, insurance fraud, mail fraud, credit card fraud, securities fraud, telemarketing fraud, wire fraud, bankruptcy fraud and tax evasion. No matter the type of fraud one is accused of, it is important to understand not only the elements of the crime but also the evidence used against him or her. This could help with the development of a strong criminal defense.
Helping You Initiate a Defense Against Prescription Drug Charges
When individuals in Texas and elsewhere think of drug crimes, they likely think of street drugs such as marijuana, cocaine, heroin and methamphetamines. Nonetheless, an individual could face drug charges for simply having a drug in his or her possession that they shouldn't. Prescription drugs, although legally possessed by those prescribed them, could result in drug charges if a person is in possession of prescription medications without a prescription.Being accused of a prescription drug crime is a serious situation and should be treated like any other criminal allegation. The accused has the right to assert a defense. However, it is imperative that they fully understand the accusations that they face and the potential penalties that could result. The attorneys at Barbieri Law Firm, understand how to navigate these matters and are prepared to guide our clients through the defense process.
Whether one is facing charges relating to fentanyl, OxyCotin, morphine, Adderall, vicodin, Demerol, codeine or other prescription drug charges, our law firm will consider the situation as a whole, helping our clients understand any defenses available to them. Because drug possession charges could damage one's personal and professional reputation if a conviction results, we work thoroughly and diligently to provide our clients with timely and detailed advice when it comes to asserting a defense.
Legal Protections for White Collar Criminal Charges
It is a mistake to think that white collar criminal charges are not serious criminal charges. White collar criminal charges can result in serious penalties and consequences for accused individuals which is why they must be met with a strong criminal defense.Many white collar crimes are based on fraud and allegations of fraud. White collar criminal charges can include theft charges; money laundering charges; embezzlement charges; identity theft charges; forgery charges; internet crimes; and various different types of fraud charges. White collar criminal charges can be complex and involve business, finances and cyber activity which is why the charges the accused individual is facing should be thoroughly understood.
A strong criminal defense strategy can help accused individuals with the white collar criminal charges they are facing. It may be possible to challenge the charges in a variety of ways including if any violations of the accused individual's rights have been violated, such as an improper search, or if the alleged facts or evidence needs to be challenged for a variety of different reasons. Criminal defense protections are essential to be familiar with when facing white collar criminal charges.
Legal Options When Faced with Prescription Drug Charges
Prescription drug charges are serious criminal charges and it is important for accused individuals to recognize that prescription drug charges can be as serious as any other type of drug charges. Just like other drug charges, there are different types of prescription drug charges accused individuals can face.Prescription drug crimes accused individuals can find themselves facing may include possession, distribution and use crimes. If the accused individual does not have a valid prescription for a particular drug and possesses, distributes or uses a prescription drug they allegedly possess illegally, it may result in prescription drug charges which can lead to serious penalties and consequences for accused individuals. Penalties accused individuals may face can include jail time and fines, as well as others.
Everyday people, as well as doctors and others, can be faced with prescription drug fraud charges. Accused individuals should be on the lookout for these charges and understand what to do if they are facing prescription drug charges. As is also true of both drug charges and prescription drug charges, and any criminal charges accused individuals may face, they have a right to a criminal defense.
Do Authorities Suspect That You Committed Credit Card Fraud?
Using credit cards and debit cards is most people's preferred method of making payments. They may enter their information online or over the phone, give their cards to servers at restaurants when it is time to pay, or swipe them at the checkout of their favorite retail locations. In fact, using plastic to pay is more common than paying with cash.Of course, because credit and debit cards are such a popular way to pay, the chance exists for credit card fraud to occur. Unfortunately for you, rather than being a victim, authorities believe that you have committed this type of crime yourself.
Fraudulent Actions
Facing accusations of fraud is a serious ordeal, and you may wonder how you even became a suspect in the first place. Your mind may be reeling with any number of similar questions as well, and finding the right answers may seem impossible. However, you can go over your actions, the circumstances of your arrest and the evidence against you in efforts to find the best way to handle your case.
What are Search and Seizure Protections for Accused Individuals?
Anyone who has been accused of committing a crime should keep in mind that they have important criminal defense protections that authorities must follow when arresting an accused individual for an alleged crime. The Fourth Amendment of the United States Constitution protects accused individuals from unreasonable searches and seizures so it is helpful to know what that includes.Fourth Amendment protections against unreasonable searches and seizures include the person of the accused individual, as well as their home, business or property. If police have violated the accused individual's search and seizure rights and protections, it may call into question the evidence they obtained and the charges against the accused individual. Because of the overwhelming importance of criminal defense protections, such as those against unreasonable searches and seizures, it is essential for accused individuals to know when they apply.
Search and seizure protections apply in circumstances when an individual is stopped and questioned by police while walking down the street; when an individual is pulled over for a minor traffic infraction and the trunk of their vehicle is searched; when an individual is arrested; when authorities enter the home of an individual and arrest that individual; when authorities enter the home of an individual to search it for evidence of a crime; when authorities enter the business place of an individual to search it for evidence of a crime; and when authorities confiscate an accused individual's vehicle or other personal property and place it under police control.
What are Examples of Everyday White Collar Crimes?
Just because white collar crime may occur every day does not mean that it is not serious and cannot result in serious penalties and consequences for accused individuals.For anyone facing white collar criminal charges, accusations and allegations, it is important to be familiar with some common types of white collar crimes that can lead to potential trouble.
Examples Of White Collar Crimes
One example of white collar crime that may not be uncommon is tax evasion which is a form of tax fraud. Most white collar crimes involve an element of fraud which is considered the use of deceptive practices to obtain something of value for personal gain. Another example of white collar crime can include stealing trade secrets which an everyday employee may be able to do. In addition, money laundering and embezzlement may also be forms of white collar crime that can result in criminal charges.
Potential Consequences Of White Collar Crimes
White collar criminal charges can result in fines, potential jail time and a criminal record for the accused individual which can make their professional and personal lives difficult. As a result, it is helpful for accused individuals to be familiar with how to defend themselves against white collar criminal charges and how to utilize important criminal defense protections when facing them. Any criminal defense strategy may focus on any police misconduct, if proper procedures were not followed by authorities or problems with the facts and evidence as alleged by authorities or in witness statements.
Heather Barbieri Discusses Guyger Case Developments on WBAP Radio
On October 1, former Dallas police officer Amber Guyger was convicted of the "mistaken apartment murder" that took the life of neighbor Botham Jean. This verdict came as something of a surprise to some who followed the trial, including our own Heather Barbieri of Barbieri Law Firm.Barbieri's Viewpoint
In a discussion on WBAP Radio's "Chris Salcedo Show," Barbieri and host Chris Salcedo stated that the prosecution "missed the mark" with not only their own witnesses but also in the cross-examination of the defense's first witness, Guyger. Failing to counter the defense's gains at every turn, Salcedo described the prosecutor himself as "cocky" and "dismissive" in his questioning of Guyger. Barbieri felt that the "snide comments" made by the prosecution actually made Guyger more sympathetic as a witness.
Barbieri's main concern with the prosecution's case was that they failed to bring up recklessness and that, in her opinion, this was necessary to make the case for first-degree murder. Given the considerations of "mistake of fact" and self-defense, she felt that defense came out ahead as of Guyger's testimony.
What Are The Rules Regarding Check Forgery?
Texas has strict rules when it comes to writing bad checks. Whether you willfully or accidentally write a check on a bank account with insufficient funds, write a check from a bank where you have no account or sign another person's name on a check, the penalties are severe.Writing a bad check is a state jail felony punishable by between 18 and 24 months in jail and a fine of up to $10,000. The conviction stays on your record for five years and affects your ability to get jobs, take out loans and, obviously, open a bank account.There is no shortage of allegedly fraudulent check writers throughout Texas. Among the most recent examples:- One Jourdanton couple faces multiple counts of forgery after police found goods allegedly purchased with fraudulent checks, along with items reportedly stolen from area businesses and alleged drug paraphernalia.
- Police in Amarillo are looking for a woman wanted in three counties for fraud, forgery and credit card abuse.
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