Ask a Lawyer, David L. Leon, Attorney, Dallas, Texas (214) 696-0021 » criminal law http://leonlaw.com/askalawyer Frequently asked questions about Texas law from David Leon, Attorney, Dallas, Texas, (214) 696-0021 Sat, 02 Jan 2010 03:37:30 +0000 http://wordpress.org/?v=2.9.2 en hourly 1 I’ve been charged with hindering a secured creditor? What is the punishment for hindering a secured creditor? http://leonlaw.com/askalawyer/2009/12/25/ive-been-charged-with-hindering-a-secured-creditor-what-is-the-punishment-for-hindering-a-secured-creditor/ http://leonlaw.com/askalawyer/2009/12/25/ive-been-charged-with-hindering-a-secured-creditor-what-is-the-punishment-for-hindering-a-secured-creditor/#comments Sat, 26 Dec 2009 04:59:27 +0000 David Leon http://leonlaw.com/askalawyer/?p=1061 This is governed by Texas Penal Code Sec. 32.33(e):

(1) a Class C misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of less than $20;
(2) a Class B misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of $20 or more but less than $500;
(3) a Class A misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of $500 or more but less than $1,500;
(4) a state jail felony if the proceeds obtained from
the sale or other disposition are money or goods having a value of
$1,500 or more but less than $20,000;
(5) a felony of the third degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $20,000 or more but less than $100,000;
(6) a felony of the second degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $200,000 or more.


]]> http://leonlaw.com/askalawyer/2009/12/25/ive-been-charged-with-hindering-a-secured-creditor-what-is-the-punishment-for-hindering-a-secured-creditor/feed/ 0 What is hindering a secured creditor? http://leonlaw.com/askalawyer/2009/12/25/what-is-hindering-a-secured-creditor-2/ http://leonlaw.com/askalawyer/2009/12/25/what-is-hindering-a-secured-creditor-2/#comments Sat, 26 Dec 2009 04:51:48 +0000 David Leon http://leonlaw.com/askalawyer/?p=1057 Hindering a secured creditor is a criminal offense per Texas Penal Code 32.33. The statute says:

(b) A person who has signed a security agreement creating a
security interest in property or a mortgage or deed of trust
creating a lien on property commits an offense if, with intent to
hinder enforcement of that interest or lien, he destroys, removes,
conceals, encumbers, or otherwise harms or reduces the value of the
property.
(c) For purposes of this section, a person is presumed to
have intended to hinder enforcement of the security interest or
lien if, when any part of the debt secured by the security interest
or lien was due, he failed:
(1) to pay the part then due; and
(2) if the secured party had made demand, to deliver
possession of the secured property to the secured party.
[...]

(e) A person who is a debtor under a security agreement, and
who does not have a right to sell or dispose of the secured property
or is required to account to the secured party for the proceeds of a
permitted sale or disposition, commits an offense if the person
sells or otherwise disposes of the secured property, or does not
account to the secured party for the proceeds of a sale or other
disposition as required, with intent to appropriate (as defined in
Chapter 31) the proceeds or value of the secured property. A person
is presumed to have intended to appropriate proceeds if the person
does not deliver the proceeds to the secured party or account to the
secured party for the proceeds before the 11th day after the day
that the secured party makes a lawful demand for the proceeds or
account.

Common examples include, hiding a vehicle in order to prevent it from being repossessed and vandalizing a house that is about to be foreclosed.


]]> http://leonlaw.com/askalawyer/2009/12/25/what-is-hindering-a-secured-creditor-2/feed/ 0 I’ve been charged with providing a false statement to obtain credit. What exactly is this and what can they do? http://leonlaw.com/askalawyer/2009/12/25/ive-been-charged-with-providing-a-false-statement-to-obtain-credit-what-exactly-is-this-and-what-can-they-do/ http://leonlaw.com/askalawyer/2009/12/25/ive-been-charged-with-providing-a-false-statement-to-obtain-credit-what-exactly-is-this-and-what-can-they-do/#comments Sat, 26 Dec 2009 04:04:51 +0000 David Leon http://leonlaw.com/askalawyer/?p=1044 This is a very serious offense. This is governed by Texas Penal Code Sec. 32.32. The more common activities include falsely stating an inflated income on a mortgage application, or falsely increasing your income to obtain a loan. Either way, if the amount of credit granted as a result of a false statement is greater than $1,500, then the actor may be charged with a felony. Also, there may be federal charges in many cases.


]]> http://leonlaw.com/askalawyer/2009/12/25/ive-been-charged-with-providing-a-false-statement-to-obtain-credit-what-exactly-is-this-and-what-can-they-do/feed/ 0 What is Online Harassment? http://leonlaw.com/askalawyer/2009/09/20/what-is-online-harassment/ http://leonlaw.com/askalawyer/2009/09/20/what-is-online-harassment/#comments Sun, 20 Sep 2009 22:46:24 +0000 David Leon http://leonlaw.com/askalawyer/?p=1021 Sec. 33.07 of the Texas Penal Code makes it a third degree felony if a person uses the name or persona of another to create a web page or post on a commercial networking site without permission and with the intent to harm, defraud, intimidate, or threaten another person.

The code section makes it a Class A misdemeanor to send an email, IM, text or similar communication that references any identifying information belonging to any person without obtaining the person’s consent, with the intent to cause the recipient to believe that the other person authorized the communication, and with the intent to harm or defraud any person. If the intent is to solicit responses by emergency services, then the act is a third degree felony.

(Full text of this statute was not available at press time.)


]]> http://leonlaw.com/askalawyer/2009/09/20/what-is-online-harassment/feed/ 0 What are the different types of felonies and punishments in Texas? http://leonlaw.com/askalawyer/2009/09/20/what-are-the-different-types-of-felonies-and-punishments-in-texas/ http://leonlaw.com/askalawyer/2009/09/20/what-are-the-different-types-of-felonies-and-punishments-in-texas/#comments Sun, 20 Sep 2009 22:41:28 +0000 David Leon http://leonlaw.com/askalawyer/?p=1019 Absent extenuating circumstances, the “ordinary” felony punishments are listed below, as set forth in the Texas Penal Code. Felonies are broken down from capital felonies (most severe, to degrees (1st, 2nd, 3rd) and then state jail felonies (least severe.) There are enhancements to the punishments available in many circumstances.

Sec. 12.31. CAPITAL FELONY.

(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the institutional division for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the institutional division for life without parole.

(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that a sentence of life imprisonment without parole is mandatory on conviction of the capital felony.

Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT.

(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT.

(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT.

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

Sec. 12.35. STATE JAIL FELONY PUNISHMENT.

(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.

(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:

(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or

(2) the individual has previously been finally convicted of any felony:

(A) under Section 21.02 (Continuous Sexual Abuse of a Child) or listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure**; or

(B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.

**Article 42.12, Code of Criminal Procedure, Limitation on Judge Ordered Community Supervision, Sec. 3g(a)(1) states that it shall not apply to a defendant adjudged guilty of an offense under:
(A) Section 19.02, Penal Code (Murder);
(B) Section 19.03, Penal Code (Capital murder);
(C) Section 21.11(a)(1), Penal Code (Indecency with a
child);
(D) Section 20.04, Penal Code (Aggravated kidnapping);
(E) Section 22.021, Penal Code (Aggravated sexual assault);
(F) Section 29.03, Penal Code (Aggravated robbery);
(G) Chapter 481, Health and Safety Code, for which
punishment is increased under:
(i) Section 481.140, Health and Safety Code; or
(ii) Section 481.134(c), (d), (e), or (f), Health and Safety
Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections; or
(H) Section 22.011, Penal Code (Sexual assault); or
(2) to a defendant when it is shown that a deadly weapon as
defined in Section 1.07, Penal Code, was used or exhibited during
the commission of a felony offense or during immediate flight
therefrom, and that the defendant used or exhibited the deadly
weapon or was a party to the offense and knew that a deadly weapon
would be used or exhibited. On an affirmative finding under this
subdivision, the trial court shall enter the finding in the
judgment of the court. On an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in its
judgment.
(b) If there is an affirmative finding under Subsection
(a)(2) in the trial of a felony of the second degree or higher that
the deadly weapon used or exhibited was a firearm and the defendant
is granted community supervision, the court may order the defendant
confined in the institutional division of the Texas Department of
Criminal Justice for not less than 60 and not more than 120 days. At
any time after the defendant has served 60 days in the custody of
the institutional division, the sentencing judge, on his own motion
or on motion of the defendant, may order the defendant released to
community supervision. The institutional division shall release
the defendant to community supervision after he has served 120
days.


]]> http://leonlaw.com/askalawyer/2009/09/20/what-are-the-different-types-of-felonies-and-punishments-in-texas/feed/ 0 What are misdemeanor punishments? http://leonlaw.com/askalawyer/2009/09/20/what-are-misdemeanor-punishments/ http://leonlaw.com/askalawyer/2009/09/20/what-are-misdemeanor-punishments/#comments Sun, 20 Sep 2009 22:28:08 +0000 David Leon http://leonlaw.com/askalawyer/?p=1017 Crimes in Texas are divided into two categories: felonies (serious crimes) and misdemeanors (less serious.) Misdemeanors are further broken down into classes A (most severe) through C (least severe.)

Punishments for misdemeanors are set forth in the Texas Penal Code as follows:

SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS

Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.

Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement.

Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.


]]> http://leonlaw.com/askalawyer/2009/09/20/what-are-misdemeanor-punishments/feed/ 0 Legislative update: DWI warrantless blood tests http://leonlaw.com/askalawyer/2009/09/20/legislative-update-dwi-warrantless-blood-tests/ http://leonlaw.com/askalawyer/2009/09/20/legislative-update-dwi-warrantless-blood-tests/#comments Sun, 20 Sep 2009 21:43:57 +0000 David Leon http://leonlaw.com/askalawyer/?p=1015 Transportation Code Sec. 724.017 now allows law enforcement to extract a blood sample from a DWI suspect who is arrested (as defined in Ch. 49 of the Texas Penal Code) without a warrant. (See: SB 238). The blood test may be taken if the person is arrested, refuses a voluntary blood test and:

a.) an individual other than the arrestee has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment;
b.) the person is under arrest for DWI with a child passenger under the age of 15;
c.) the officer has reliable information that the person has been previously convicted of DWI two or more times; or
d.) the office has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter


]]> http://leonlaw.com/askalawyer/2009/09/20/legislative-update-dwi-warrantless-blood-tests/feed/ 0 Legislative updates: New driving laws http://leonlaw.com/askalawyer/2009/09/20/legislative-updates-new-driving-laws/ http://leonlaw.com/askalawyer/2009/09/20/legislative-updates-new-driving-laws/#comments Sun, 20 Sep 2009 21:34:14 +0000 David Leon http://leonlaw.com/askalawyer/?p=1012 SB 61 Requires children under the age of 8, or who are less than 4 foot 9 are required to be in booster seats.

HB 55 prohibits the use of a cellular telephone in an active school zone, unless the user is over 18, and using a hands free device.

HB 339 prohibits a driver under the age of 18 from using a cellular telephone while driving (either with or without a hands free device)


]]> http://leonlaw.com/askalawyer/2009/09/20/legislative-updates-new-driving-laws/feed/ 0 FBI releases 2008 Mortgage Fraud statistics http://leonlaw.com/askalawyer/2009/07/13/fbi-releases-2008-mortgage-fraud-statistics/ http://leonlaw.com/askalawyer/2009/07/13/fbi-releases-2008-mortgage-fraud-statistics/#comments Tue, 14 Jul 2009 03:35:45 +0000 David Leon http://leonlaw.com/askalawyer/?p=966 Full story here


]]> http://leonlaw.com/askalawyer/2009/07/13/fbi-releases-2008-mortgage-fraud-statistics/feed/ 0 What is a DWI enhancement? http://leonlaw.com/askalawyer/2009/07/05/what-is-a-dwi-enhancement/ http://leonlaw.com/askalawyer/2009/07/05/what-is-a-dwi-enhancement/#comments Sun, 05 Jul 2009 20:00:52 +0000 David Leon http://leonlaw.com/askalawyer/?p=941 A penalty for a DWI conviction may be enlarged or enhanced under Sec. 49.09 of the Texas Penal Code. Typically, a punishment (or level of offense) is increased due to either a prior conviction for DWI, or because an emergency service worker was injured or killed as a result of a DWI.


]]> http://leonlaw.com/askalawyer/2009/07/05/what-is-a-dwi-enhancement/feed/ 0 What happens if someone is seriously injured in a DWI? http://leonlaw.com/askalawyer/2009/07/05/what-happens-if-someone-is-seriously-injured-in-a-dwi/ http://leonlaw.com/askalawyer/2009/07/05/what-happens-if-someone-is-seriously-injured-in-a-dwi/#comments Sun, 05 Jul 2009 19:29:40 +0000 David Leon http://leonlaw.com/askalawyer/?p=937 The person was was intoxicated may be charged with Intoxication Assault, under Sec. 49.07 of the Texas Penal Code. if the intoxicated actor causes “a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ” that person may be charged with Intoxication Assault, a third degree felony.


]]> http://leonlaw.com/askalawyer/2009/07/05/what-happens-if-someone-is-seriously-injured-in-a-dwi/feed/ 0 What about flying or boating while intoxicated? http://leonlaw.com/askalawyer/2009/07/05/what-about-flying-or-boating-while-intoxicated/ http://leonlaw.com/askalawyer/2009/07/05/what-about-flying-or-boating-while-intoxicated/#comments Sun, 05 Jul 2009 19:25:44 +0000 David Leon http://leonlaw.com/askalawyer/?p=935 Secs. 49.05, 49.06 and 49.065 cover flying, boating and assembling and/or operating an amusement ride while intoxicated. In most circumstances it would be a Class B misdemeanor.


]]> http://leonlaw.com/askalawyer/2009/07/05/what-about-flying-or-boating-while-intoxicated/feed/ 0 What is the legal definition of “intoxicated” in Texas? http://leonlaw.com/askalawyer/2009/07/05/what-is-the-legal-definition-of-intoxicated-in-texas/ http://leonlaw.com/askalawyer/2009/07/05/what-is-the-legal-definition-of-intoxicated-in-texas/#comments Sun, 05 Jul 2009 19:19:14 +0000 David Leon http://leonlaw.com/askalawyer/?p=931 Texas Penal Code Sec. 49.01. (2) “Intoxicated” means:

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;

or

(B) having an alcohol concentration of 0.08 or more.

This means that if you have a Blood Alcohol Concentration (BAC) of less than .08, but you are not in the normal use of mental or physical faculties due to alcohol, you may still be considered to be intoxicated.


]]> http://leonlaw.com/askalawyer/2009/07/05/what-is-the-legal-definition-of-intoxicated-in-texas/feed/ 0 What statutes cover driving while intoxicated? http://leonlaw.com/askalawyer/2009/07/05/what-statutes-cover-driving-while-intoxicated/ http://leonlaw.com/askalawyer/2009/07/05/what-statutes-cover-driving-while-intoxicated/#comments Sun, 05 Jul 2009 19:16:40 +0000 David Leon http://leonlaw.com/askalawyer/?p=929 Texas Penal Code Title 10 (Offenses against the public health, safety and morals) Chapter 49 “Intoxication and Alcoholic Beverages Offenses”


]]> http://leonlaw.com/askalawyer/2009/07/05/what-statutes-cover-driving-while-intoxicated/feed/ 0 What is the “online solicitation of a minor”? http://leonlaw.com/askalawyer/2009/07/05/what-is-the-online-solicitation-of-a-minor/ http://leonlaw.com/askalawyer/2009/07/05/what-is-the-online-solicitation-of-a-minor/#comments Sun, 05 Jul 2009 19:03:01 +0000 David Leon http://leonlaw.com/askalawyer/?p=923 This is covered by Texas Penal Code Sec. 33.021. The gist of the code is that if a person who is 17 or older “commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor”

The statute goes further, “A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.”

These actions are considered felonies.


]]> http://leonlaw.com/askalawyer/2009/07/05/what-is-the-online-solicitation-of-a-minor/feed/ 0 I figured out my ex-(spouse/employer/friend)’s computer password. What happens if I log into their account? http://leonlaw.com/askalawyer/2009/07/05/i-figured-out-my-ex-spouseemployerfriends-computer-password-what-happens-if-i-log-into-their-account/ http://leonlaw.com/askalawyer/2009/07/05/i-figured-out-my-ex-spouseemployerfriends-computer-password-what-happens-if-i-log-into-their-account/#comments Sun, 05 Jul 2009 18:58:36 +0000 David Leon http://leonlaw.com/askalawyer/?p=921 This conduct is covered by Sec. 33.02 of the Texas Penal Code “Breach of Computer Security.” (Depending on what happened after the breach, there may be other issues as well.)

Merely accessing the information is a Class B misdemeanor. If a harm occurs (such as a file being altered or deleted) or a benefit to the actor occurs (such as accessing financial accounts) the level of offense escalates. To calculate the offense, the State may aggregate all conduct.

For example, if Joe breaks into his ex-boss’s computer once and does nothing, it may be a misdemeanor. If Joe then breaks in three more times, and deletes files, or steals money, all four actions may be taken together to determine the appropriate level of offense.


]]> http://leonlaw.com/askalawyer/2009/07/05/i-figured-out-my-ex-spouseemployerfriends-computer-password-what-happens-if-i-log-into-their-account/feed/ 0 Is it illegal if I hire someone to do my term papers for me? http://leonlaw.com/askalawyer/2009/07/05/is-it-illegal-if-i-hire-someone-to-do-my-term-papers-for-me/ http://leonlaw.com/askalawyer/2009/07/05/is-it-illegal-if-i-hire-someone-to-do-my-term-papers-for-me/#comments Sun, 05 Jul 2009 18:46:09 +0000 David Leon http://leonlaw.com/askalawyer/?p=916 Sec. 32.50 of the Texas Penal Code makes this a Class C misdemeanor.

The statute says, “A person commits an offense if, with intent to make a profit, the person prepares, sells, offers or advertises for sale, or delivers to another person an academic product when the person knows, or should reasonably have known, that a person intends to submit or use the academic product to satisfy an academic requirement of a person other than the person who prepared the product.
(c) A person commits an offense if, with intent to induce another person to enter into an agreement or obligation to obtain or have prepared an academic product, the person knowingly makes or disseminates a written or oral statement that the person will prepare or cause to be prepared an academic product to be sold for use in satisfying an academic requirement of a person other than the person who prepared the product.”

The statute has a safe harbor provision for jointly prepared assignments with school employees, tutors and transcriptionists.


]]> http://leonlaw.com/askalawyer/2009/07/05/is-it-illegal-if-i-hire-someone-to-do-my-term-papers-for-me/feed/ 0 I want to force someone to pay me a debt. Can I make a letter that looks like a summons, but says it’s not in order to scare them into paying me? http://leonlaw.com/askalawyer/2009/07/05/i-want-to-force-someone-to-pay-me-a-debt-can-i-make-a-letter-that-looks-like-a-summons-but-says-its-not-in-order-to-scare-them-into-paying-me/ http://leonlaw.com/askalawyer/2009/07/05/i-want-to-force-someone-to-pay-me-a-debt-can-i-make-a-letter-that-looks-like-a-summons-but-says-its-not-in-order-to-scare-them-into-paying-me/#comments Sun, 05 Jul 2009 18:36:37 +0000 David Leon http://leonlaw.com/askalawyer/?p=914 No, this is a criminal offense under the Texas Penal Code Sec. 32.48. Under subsection (c) it is NOT a defense if the document states that it is not legal process.

First offense is a misdemeanor (class A), second one is a felony (state jail).


]]> http://leonlaw.com/askalawyer/2009/07/05/i-want-to-force-someone-to-pay-me-a-debt-can-i-make-a-letter-that-looks-like-a-summons-but-says-its-not-in-order-to-scare-them-into-paying-me/feed/ 0 What are the penalties for making false statement on a mortgage application? http://leonlaw.com/askalawyer/2009/06/29/what-are-the-penalties-for-making-false-statement-on-a-mortgage-application/ http://leonlaw.com/askalawyer/2009/06/29/what-are-the-penalties-for-making-false-statement-on-a-mortgage-application/#comments Tue, 30 Jun 2009 02:06:52 +0000 David Leon http://leonlaw.com/askalawyer/?p=796 The penalties under 32.32(c) are as follows:

(1) a Class C misdemeanor if the value of the property or the amount of credit is less than $50;

(2) a Class B misdemeanor if the value of the property or the amount of credit is $50 or more but less than $500;

(3) a Class A misdemeanor if the value of the property or the amount of credit is $500 or more but less than $1,500;

(4) a state jail felony if the value of the property or the amount of credit is $1,500 or more but less than $20,000;

(5) a felony of the third degree if the value of the property or the amount of credit is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the value of the property or the amount of credit is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the value of the property or the amount of credit is $200,000 or more.


]]> http://leonlaw.com/askalawyer/2009/06/29/what-are-the-penalties-for-making-false-statement-on-a-mortgage-application/feed/ 0 What is a pyramid scheme? http://leonlaw.com/askalawyer/2009/06/27/what-is-a-pyramid-scheme/ http://leonlaw.com/askalawyer/2009/06/27/what-is-a-pyramid-scheme/#comments Sat, 27 Jun 2009 21:38:16 +0000 David Leon http://leonlaw.com/askalawyer/?p=620 A pyramid scheme (a/k/a franchise fraud) is an investment fraud scheme in which someone is offered a distributorship or franchise to market a particular product. This involves a fee to become part of the business. The real profit is earned by the sale of new distributorships and not by the sale of the products. Typically, the scheme is sold by telling new subscribers that they can remake their original investment by selling distributorships to two or more people, and so on. Soon, the lower levels of the pyramid are unable to find more people to buy into the scheme, and the scheme collapses. (Source: FBI )


]]> http://leonlaw.com/askalawyer/2009/06/27/what-is-a-pyramid-scheme/feed/ 0 What is a ‘liar loan’? http://leonlaw.com/askalawyer/2009/06/27/what-is-a-liar-loan/ http://leonlaw.com/askalawyer/2009/06/27/what-is-a-liar-loan/#comments Sat, 27 Jun 2009 21:03:23 +0000 David Leon http://leonlaw.com/askalawyer/?p=613 A ‘liar loan’ is a nickname for a ’stated income’ loan. These loans were popular from 2000-2007. They were also called ‘no-doc’ and ‘non-verfied’ or ’streamlined’ loans. Basically, with these loans, a bank or mortgage company would simply ask a borrower what his or her income was, and offer loan products based on the person’s statement of income. The banks usually did not verify the person’s ’stated’ income. In some cases, people were overstating their income to qualify for houses they couldn’t afford. The typical hope was that the person could use a short term ARM loan or teaser loan to keep the house (and mortgage) afloat for a year or so, and then sell the house for a profit due to the rising house values. Once home values stopped rising, people’s ARMs adjusted upward, or the teaser rates ended, and the people wound up with homes they couldn’t afford. The practice of overstating income on a ‘liar loan’ is a criminal offense, per Texas Penal Code Sec. 32.32.


]]> http://leonlaw.com/askalawyer/2009/06/27/what-is-a-liar-loan/feed/ 0 I verified employment for a friend who doesn’t work for me, so he could buy his house. Should I be worried? http://leonlaw.com/askalawyer/2009/06/27/i-verified-employment-for-a-friend-who-doesnt-work-for-me-so-he-could-buy-his-house-should-i-be-worried/ http://leonlaw.com/askalawyer/2009/06/27/i-verified-employment-for-a-friend-who-doesnt-work-for-me-so-he-could-buy-his-house-should-i-be-worried/#comments Sat, 27 Jun 2009 20:57:26 +0000 David Leon http://leonlaw.com/askalawyer/?p=611 Yes. This is a violation of Texas Penal Code Sec. 32.32, among other offenses. These can carry with them significant criminal responsibility. Even though you may not have signed the credit application yourself, you may have “acted in concert” with the person committing fraud. You should obtain legal counsel immediately.


]]> http://leonlaw.com/askalawyer/2009/06/27/i-verified-employment-for-a-friend-who-doesnt-work-for-me-so-he-could-buy-his-house-should-i-be-worried/feed/ 0 I want to sell a used watch. Do I have to disclose that the watch is used to the customer? http://leonlaw.com/askalawyer/2009/05/25/i-want-to-sell-a-used-watch-do-i-have-to-disclose-that-the-watch-is-used-to-the-customer/ http://leonlaw.com/askalawyer/2009/05/25/i-want-to-sell-a-used-watch-do-i-have-to-disclose-that-the-watch-is-used-to-the-customer/#comments Tue, 26 May 2009 01:15:24 +0000 David Leon http://leonlaw.com/askalawyer/?p=544 Yes. Title 2, Chapter 17 Subchapter C of the Texas Business and Commerce Code deals specifically with the selling of secondhand watches in the state. Not only must the watch be clearly labeled “secondhand” (17.21) but accurate records must also be maintained under Sec. 17.20. Failure to comply is a crime under Sec. 17.22.


]]> http://leonlaw.com/askalawyer/2009/05/25/i-want-to-sell-a-used-watch-do-i-have-to-disclose-that-the-watch-is-used-to-the-customer/feed/ 0 I want to start a new business. In order to attract customers, can I call my business a “wholesaler” even though I sell to the public? http://leonlaw.com/askalawyer/2009/05/25/i-want-to-start-a-new-business-in-order-to-attract-customers-can-i-call-my-business-a-wholesaler-even-though-i-sell-to-the-public/ http://leonlaw.com/askalawyer/2009/05/25/i-want-to-start-a-new-business-in-order-to-attract-customers-can-i-call-my-business-a-wholesaler-even-though-i-sell-to-the-public/#comments Tue, 26 May 2009 01:06:24 +0000 David Leon http://leonlaw.com/askalawyer/?p=540 No. If you are not a wholesaler, you cannot advertise your business as a ‘wholesale’ business. Sec. 17.11 of the Texas Business and Commerce Code specifically prohibits this, as this would be a deceptive trade practice. This type of behavior is a misdemeanor. The statute provides:

DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING. (a) In Subsection (b) of this section, unless the context requires a different definition, “wholesaler” means a person who sells for the purpose of resale and not directly to a consuming purchaser.

(b) No person may wilfully misrepresent the nature of his business by using in selling or advertising the word manufacturer, wholesaler, retailer, or other word of similar meaning.
…
(d) A person who violates a provision of Subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $500.


]]> http://leonlaw.com/askalawyer/2009/05/25/i-want-to-start-a-new-business-in-order-to-attract-customers-can-i-call-my-business-a-wholesaler-even-though-i-sell-to-the-public/feed/ 0 What is money laundering? http://leonlaw.com/askalawyer/2009/01/05/what-is-money-laundering/ http://leonlaw.com/askalawyer/2009/01/05/what-is-money-laundering/#comments Tue, 06 Jan 2009 06:00:12 +0000 David Leon http://leonlaw.com/askalawyer/?p=61 Money laundering is the act of making money that came from an illegal source appear to have come from a legitimate source.

Money laundering in Texas is covered by chapter 34 of the Texas Penal Code. Put simply, handling (or supervising the handling of) money derived from (or used to further) illegal activity. It is not a defense if the person charged with handling the money doesn’t know of the exact nature of how the funds were obtained, just that such funds were used in or profits from an illegal act.

The penalties can be severe, and may include substantial jail time.


]]> http://leonlaw.com/askalawyer/2009/01/05/what-is-money-laundering/feed/ 0 What is hindering a secured creditor? http://leonlaw.com/askalawyer/2008/12/21/what-is-hindering-a-secured-creditor/ http://leonlaw.com/askalawyer/2008/12/21/what-is-hindering-a-secured-creditor/#comments Sun, 21 Dec 2008 23:37:59 +0000 David Leon http://leonlaw.com/askalawyer/?p=59 Section 32.33 of the Texas Penal Code covers Hindering a Secured Creditor. Section (b) of the code states, “A person who has signed a security agreement creating a security interest in property or a mortgage or deed of trust creating a lien on property commits an offense if, with intent to hinder enforcement of that interest or lien, he destroys, removes, conceals, encumbers, or otherwise harms or reduces the value of the property.” This can also involve moving the property out of state to avoid having a creditor repossess it (see Section 32.33(1)).


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