The U.S Sentencing Commission will soon release their report, which likely will recommend changes to the current federal sentencing guidelines. The issue is highly polarized and sensitive for both sides of the fence. Public defenders and federal judges place the blame on Congress. They believe that Congress' attempts to be tough on child porn have resulted in lopsided, and perhaps unnecessarily harsh, penalties. Speaking to this notion is the fact that judges issue sentences that fall below the federal guidelines in nearly half of all cases.
]]> Those on the other side of the debate are not interested in any sort of leniency for those convicted on child porn-related charges. They say short prison terms do not match the severity of the crime.Currently, many child pornography offenses carry mandatory prison sentences of at least five years. The law also allows for "enhancements" to a base sentence. The age of the child in the images as well as how the images were obtained can both lead to increased penalties. In 2011, the average sentence for people convicted of child pornography charges was seven years.
While Texas sex crimes are undoubtedly serious, this issue bears another look, and with the Sentencing Commission scheduled to release its report soon, we could see changes in the near future.
Source: Houston Chronicle, "Debate rages over severity of child-porn sentences," David Crary, April 29, 2012
]]>The man was arrested on April 9, the same day he allegedly ordered the murder of the Arlington Mayor. An FBI agent has testified that there are audio and video recordings between the man and an informant, beginning with code words and eventually ending in face-to-face meetings where the accused purportedly handed pictures of the two men he wanted murdered to the informant.
]]> FBI agents say that the man, a strip club owner, was offering $10,000 per individual and requested to be informed of when the murders would occur so he could have his alibi in place. The attorney and the mayor were both involved in a nuisance complaint against the man's club.Facing allegations of murder in a federal courtroom is a daunting task, and the accused man will certainly face challenges. However, one interesting aspect of this case is that FBI agents used an informant, who is a convicted felon, to gather much of their information against the Texas man. Thus far, the defense has argued that the club owner was merely exercising his right to free speech. It will be interesting to see how this case unfolds.
Source: NBC DFW, "Strip Club Murder For Hire Suspect to Remain in Federal Custody," Ben Russell, April 20, 2012
]]>In the early morning hours of Friday, April 20, authorities received reports of an SUV headed the wrong way in the southbound lanes of the Tollway near Royal Lane. Shortly after troopers were dispatched, the woman's SUV clipped an 18-wheeler that was headed toward her, causing her vehicle to flip. The SUV landed on its side after catapulting onto the median.
]]> Neither the SUV driver nor the truck driver was injured as a result of the crash. The woman was transported to the Dallas County Jail and may now be facing charges of DWI. The Tollway was briefly shut down to allow time for an investigation and cleanup but was reopened before the morning rush hour.While many people assume that those who are accused of drunk driving were severely intoxicated, with blood alcohol levels way over the limit. However, that is often not the case. Sometimes, just one extra drink can put people over the limit, whether they feel it or not.
However, regardless of how intoxicated a person actually is, drunk driving charges are taken very seriously in the Dallas area. Fortunately, people accused of crimes in this country are innocent until proven guilty, giving anyone accused of drunk driving the opportunity to answer to the charges in a court of law.
Source: WFAA, "Wrong-way driver on Dallas North Tollway collides SUV into semi," Marjorie Owens, April 20, 2012
]]>On Sunday, April 8, a call was made to the local Dallas police in regards to alleged violent crimes around 5:45 p.m. When the police responded to this emergency call, which was purportedly made by a 24-year-old man from a home on Southland Street, they found the young man dead on the living room floor.
]]> Dallas police also found a second victim that had been shot in both the head and the arm, though an early news report did not disclose where the 37-year-old man was found in the home. He was rushed to Dallas' Baylor Medical Center where he was listed in critical condition as of the day following the shooting. Police issued a warrant for the arrest of a 26-year-old man from Terrell that was allegedly the shooter, though it was not explained why authorities believed the man was responsible for the violent crimes.The man was placed under arrest a short time later by the Terrell Police Department. Investigators did not indicate a potential motive for the slayings and did not release any other information relevant to the man's apprehension.
When charged with a crime, any individual in Dallas, Plano and throughout Texas has the right to a fair trial. Further, unless and until proven guilty in court beyond a reasonable doubt, he or she is innocent in the eyes of the law. Indeed, there are a number of important legal rights that are granted to anyone accused of a crime, even violent crimes such as murder.
Source: NBC 5 DFW News, "Arrest Made After Dallas Double Shooting," Kendra Lyn, April 9, 2012
]]>The Innocence Project of Texas, which works to free wrongly convicted people, played a large role in securing the exonerations. The Dallas County district attorney was also credited for recognizing the serious issue of wrongful convictions. Since 2001, 30 convictions have been overturned in Dallas County.
]]> While the damaging effects of a wrongful conviction in which jail time is ordered are very apparent, two of the three men were able to avoid prison time, but one described the negative effects a conviction without prison time can have. He said finding a job with a criminal record was not easy, and he struggled to provide for his wife and six children.The district attorney followed up the news by stressing the need for serious discussions about the problems that plague the criminal justice system, sometimes leading to wrongful convictions. Hopefully honest talks about how to prevent tragic incidents like this one will lead to changes that will make the criminal justice system increasingly fair with no room for such severe errors.
Source: Associated Press, "3 men declared innocent of 1994 Dallas robbery; 2 to remain in jail on other charges," Nomaan Merchant, April 6, 2012
]]>In a jailhouse interview, the man seemed to ramble on about the incident, which may become a relevant factor as a criminal defense is prepared against any outstanding allegations. He says that his reasons for going to the senator's office were innocent, claiming that he was assaulted by a police officer in 2008 and shocked with a Taser. He claims that he only wanted to have that out-of-state allegation addressed, but was unable to receive help from anyone else he approached.
]]> At the same time, the man also claims to have brought the senator a piece of an alien's body, which police purportedly identified as the remains of an animal. During the interview, the man also claimed to work for the government, to have been responsible for capturing Osama Bin Laden and to have previously been raised from the dead.He is also wanted on an Oklahoma warrant stemming from an incident where he allegedly violently assaulted his mother. Authorities say he kicked and punched her shortly after she underwent a major surgery. He also proclaims his innocence in that case and says he anticipates the time when he will be able to prove his innocence.
This man is no doubt facing serious charges in a Texas court and will need a criminal defense to help him as he prepares for trial. While some of his statements appear to be outrageous, perhaps even suggesting the possibility of mental illness, they do not automatically mean he is guilty of the crimes alleged. This case demonstrates the importance of employing a criminal defense professional that the unique circumstances and sensitivity of each criminal case. Oftentimes, criminal cases are far more complicated than they appear on the surface. As such, this man and his defense team will have the opportunity to put a defense forward that sufficiently addresses all aspects of the case.
Source: NBC DFW, "Firebomb Suspect Says He Is Innocent," Randy McIlwain, March 22, 2012
]]>The little girl was transported to Children's Medical Center and, though it is reported that she is expected to survive, her current condition is unknown. Police reported that the child's larynx may have been cut, but her carotid artery did not sustain any damage. Authorities apparently have visited this home several times in the past, most recently on March 19. The undisclosed matter was referred to Child Protective Services, but police say they believed that nothing in the home at the time presented a problem.
]]> Some of the calls to the home indicated that the woman may be experiencing mental problems. The woman was apparently arrested in June of 2011 for being outside partially unclothed and spent three days under a psychiatric hold at a local hospital. In 2003, authorities were again called to the home for another unspecified matter.The woman is being held at the Lew Sterrett Jail and has been charged with felony injury to a child. In Dallas, violent crimes against children are taken very seriously. However, in this case, it seems possible that the mother suffers from a mental illness. If that is determined to be true, it could play a significant role in the trial and possible sentencing. While this is certainly an unsettling allegation, those with serious mental conditions do not always have control over their actions. In this country, the mother is innocent until proven guilty, and there may be relevant facts to bring forth that may be helpful in the woman's defense.
Source: My Fox DFW, "Dallas Mom Allegedly Slashed 1-Year-Old's Throat," Kevin Boie, March 26, 2012
]]>The football player is accused of selling marijuana and has been charged with three counts of delivery of marijuana between one-quarter ounce and five pounds of marijuana, though the specific amount said to be involved was not disclosed in a recent news article. He and the other accused players involved are also suspected of arranging their drug deals around their practice time and selling marijuana to undercover officers. He is facing up to two years in jail the potential of a $10,000 fine. It remains to be seen how this incident will affect his football career at TCU.
]]> This Texas football player is facing serious ramifications due to the charges brought against him, and as a representative for college athletics, his reputation could take a serious hit. However, even though the charges against him are serious, he is still presumed innocent until proven guilty. He will have the opportunity to defend himself in a court of law and, in view of the serious consequences if convicted of drug crimes, will need to focus his attention on the allegations made. But there are important legal rights that are afforded to all individuals accused of a crime in our state, and anyone facing criminal accusations would do well to understand those rights and take action to ensure they are not violated.Source: WFAA, "TCU player formally charged in drug investigation," March 12, 2012
]]>Investigators claim that the doctor paid people to recruit homeless people living in local shelters as phony patients. For each name that was gathered, the doctor allegedly paid $50. Using the names provided, the doctor then was said to have billed the government for bogus medical treatments.
]]> However, the alleged conspiracy ran much deeper than just fraudulent billing. The doctor is also facing nine counts of substantive health care fraud. In addition, Medicare and Medicaid payments have been suspended to more than 70 home health care organizations that had some sort of connection to the doctor, until such time as they are confirmed to be legitimate.Several others, all Texas residents, were charged in conjunction with the purported scheme, including the office manager. They are accused of a variety of charges that include health care fraud, conspiracy to commit health care fraud and making false statements relating to a Medicare claim. Investigators say the health care scam ran for almost five years, covering the time period from January 2006 until November 2011.
The total amount of the claimed health care fraud is estimated to be close to $375 million. The individuals accused, if convicted of the white collar crimes, may be facing long prison terms, fines and related penalties. As such, all those facing charges will clearly need to understand their rights and options as they fight for their continued liberty. Nevertheless, they are all entitled to the same legal protections that are afforded to all persons accused of a crime, including the presumption of innocence and the right to an attorney.
Source: My Fox DFW, "DeSoto Doctor Named Largest Healthcare Fraudster in U.S.," Alice Wolke, Feb. 28, 2012
]]>The man apparently admitted the thumb drives belonged to him, and authorities thereafter searched his home. The desktop computer purportedly used to download the images was confiscated as evidence. The man has pleaded guilty to a single count of possessing visual depictions of a minor engaged in sexually explicit conduct.
]]> Federal penalties for sex crimes convictions, in Texas and elsewhere, are very severe. For the single count to which the individual pleaded guilty, he faces up to 20 years in prison. The court scheduled June 15 for sentencing, and the man will now need to focus all his attention on presenting a meaningful argument to the court to convince it that mitigating circumstances exist to lessen the potential penalties. The sentencing portion of any criminal proceeding offers an opportunity to plead for leniency. It may be possible to secure a shorter prison sentence.Source: My Fox DFW, "Man Pleads Guilty in Child Porn Case," March 2, 2012
]]>The teenager stated that she had met the man online. The man had recently moved to McKinney, and police say they suspect that the man has been involved with other young females within the local area. The man was taken into custody and charged with a probation violation for sexual assault of a child.
]]> Authorities indicated that the formal allegations of sexual assault of a child and online solicitation of a minor may be added to the criminal charges.This case is unusual because the teenager invited this man into her home. However, the charges should not be taken lightly because sex crimes in Texas are serious and can bring significant jail time if a person is found guilty. Not only that, but prosecutors in Dallas are under significant pressure from the public to get convictions in sex crimes cases.
While the man in this case faces a difficult legal battle, it is important to remember that anyone accused of a crime has the legal right to defend him or herself in a court of law. Everyone is considered innocent unless and until found guilty in a court of law.
Source: My Fox DFW, "Sex Offender Caught with Garland Teen," Fil Alvarado, Feb. 16, 2012
]]>He was later convicted of two counts of intoxication manslaughter, sentenced to 40 years' incarceration and fined $20,000. The man appealed the drunk driving conviction, claiming that the blood test was improperly administered by an unqualified technician, his attorney was not allowed to question the jurors about sentencing, and that the accident was not caused by his driving under the influence. Though his attorneys have kept fighting on behalf of their client, the 5th District Court of Appeals in Dallas upheld his conviction on Feb. 10, affirming the trial court's judgment concerning the issues that were appealed.
]]> Although he has been found guilty and will be serving a lengthy prison sentence, each criminal proceeding is different and must be judged on its own facts and circumstances. Anyone facing these types of charges is entitled to a presumption of innocence that protects all person accused of a crime in Texas.Anyone in Dallas who may be facing drunk driving charges would do well to focus their attention on each allegation. Police reports and procedures can be reviewed to ensure that officers followed proper procedures when stopping or arresting those involved. Once all of the elements of a case are reviewed, a defense strategy can be aimed at achieving a fair resolution.
Source: Examiner, "Intoxication manslaughter charges upheld in Terrell drunk driving case," Sherri Thornhill, Feb. 13, 2012
]]>The phone contained a pass code, preventing the woman from accessing the phone. After the man contacted her, he gave the woman the code so she could call him to set up a meeting to return it. Suspicious about the reward offer, the woman looked through the phone contents and discovered explicit images. She then turned the phone over to Lancaster police, who called federal authorities.
]]> Federal agents claim to have discovered that the man exchanged the pornographic images of children with people all over the country. When approached by agents at his home in Red Oak, the man allegedly stated that he had been trading the child pornography over his phone for a period of six months. He was then taken into custody.When he was 16, the man was apparently placed on probation, accused of the sexual assault of a 13-year-old girl. Because of that, he was forced to register as a sex offender for 10 years. Nine years later he was convicted of a felony count of failing to register and sentenced to two years in prison. He served less than five months before being paroled.
While the pending charges are understandably serious, it is important to remember that the man is innocent unless and until proven guilty beyond a reasonable doubt. Penalties for sex-related offenses in Texas can be significant so it is important to know one's legal rights when faced with these types of charges. Speaking with someone knowledgeable in the area of criminal defense may help determine the proper course of action to respond to the charges.
Source: Beaumont Enterprise, "Lost cell phone leads to child porn arrest for Dallas man," Jason Trahan, Feb. 7, 2012
]]>The Dallas man has acknowledged sharing images of child pornography via the Internet and through file-sharing software. The man pleaded guilty to one count of transporting and shipping child pornography. He is confronting significant prison time, ranging from five to 20 years, and also the possibility of fines of up to $250,000. He also faces the possibility of parole for the rest of his life. Sentencing is scheduled for May 4.
]]> In Texas, child pornography charges are taken very seriously and are normally dealt with vigorously. Not only is this man facing years of prison time and civil penalties, but he also may have to register as a sex offender. Anyone facing these types of allegations can expect an uphill legal battle, as prosecutors are under significant public pressure to get convictions in sex crimes cases.However, each accused individual is entitled to defend themselves in court, and they are guaranteed the same legal protections that apply to all individuals accused of a crime. Strong defenses can be built to challenge sex crimes charges, and speaking to an experienced legal professional may be a good first step toward protecting your freedom.
Source: MyFoxDFW.com, "Man Pleads Guilty to Computer Child Porn," Alice Wolke, Jan. 27, 2012
]]>Neighbors said the family's daughter had moved into the ranch home to take care of her elderly parents a few years ago. Although only limited information about the victims was released, local news reports said the father is a diabetic and double amputee. How the accused is related to the alleged victims has not as yet been disclosed by authorities.
]]> The couple had lived in the Dallas area for approximately seven years and was apparently last been seen by neighbors on Sunday, Jan. 15. Fannin County authorities reported that they suspected foul play immediately after entering the home in search of the family, though they did not say why. The detained man now stands accused of serious violent crimes against his own family.The state of Texas takes a harsh stance against violent crimes like murder. Those convicted of such a crime can face lengthy prison sentences. While this man may face challenges ahead when he answers to these allegations, ensuring that he is familiar with his rights concerning the legal system may help him as he fights the accusations against him.
Source: The Dallas Morning News, "Man suspected of killing 3 relatives in Fannin County," Marjorie Owens, Jan. 20, 2012
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