Texas Fraud Charges: Houston Criminal Lawyer: State Law

While federal laws concerning fraud cover virtually any situation involving "misrepresentation to induce one to part with money or property", Texas state laws are more specific and address particular actions such as credit card fraud, forgery and identity theft. Texas state fraud laws are outlined in Penal Code Title 7, Chapter 32, Section 32.31. This section of law specifically addresses Forgery, Credit Card or Debit Card Abuse, Computer Crimes, Telecommunications Crimes, Money Laundering, Insurance Trust and other deceptive practices.
In addition, the Identity Theft Enforcement and Protection Act (SB122) grants the Texas Attorney General's office more authority to file suit against those who commit identity theft, including restitution to victims and fines up to $50,000 per violation. It requires businesses to implement and exercise reasonable procedures to safeguard their clients' information. If an information security breach occurs, they must notify Texans whose sensitive personal information was, or was reasonably believed to be, acquired by an unauthorized person.Section 32.51 of the Texas Penal Code covers fraudulent use or possession of identifying information.

Anyone in Texas who obtains, possesses, transfers, or uses a person’s identifying information without that person’s consent and with the intent to harm or defraud someone commits the crime of fraudulent use or possession of identifying information. Depending on the circumstances of the crime, fraudulent use or possession of identifying information in Texas is either a state jail felony, felony of the third degree, felony of the second degree, or felony of the first degree.

People in Texas commit the crime of unauthorized acquisition or transfer of certain financial information when they, without authority to do so, obtain payment card or financial sight order information by use of any type of electronic, photographic, or recording device; or when they transfer such information to others. Financial sight order information is information contained on a check, debit card, credit card, or the magnetic strip of those cards, such as account numbers, routing numbers, date of card issuance, and similar information.
Obtaining such information is a Class B misdemeanor offense, while transferring such information to a third party is a Class A misdemeanor offense.

Performing fraudulent acts in connection with a credit card amounts to the crime of credit card fraud in Texas, a felony offense carrying a penalty of 180 days to two years in a state prison and/or a fine of no more than $10,000. However, if the offense was committed against an elderly person, the charge may be increased to that of a third degree felony. A third degree felony carries a penalty of two to ten years in a state prison and/or a fine of no more than $10,000.

If you believe you may be under investigation for fraud it is critical to your case that you hire a qualified criminal defense attorney right away. Do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney. The Houston, Texas law office of Richard Kuniansky will work diligently to ensure your rights are protected.

Fraud Charges: Houston Criminal Attorney: Federal Law

Any criminal activity that involved the United States mail or electronic/digital communications, or both, is considered Mail or Wire Fraud. Many acts that fall under this definition actually use mail, television, radio, or the internet in order to transmit false or fraudulent promises or advertisements to the unsuspecting public. The Federal Government deals very harshly with this violation, being able to fine the violator up to $1,000,000 and send that person to prison for up to 30 years.
It is important to note that a victim does not need to actually be deprived of property or deceived for a conviction under the mail fraud or wire fraud statutes. The intent to deprive a victim of property is enough to convict. It also generally does not matter if the property in question is tangible or intangible. It can be enough to convict someone who intends to deprive a victim of their intangible right to control their assets. Each separate use of wire communication or the mail in furtherance of a scheme generally constitutes a separate offense.

If you viewed the records of all people in prison for drug conspiracies, major fraud, corruption and other non-violent felonies, a surprising number would be convicted of nothing more than wire fraud or mail fraud.
In white collar crime investigations, it's not uncommon for conspiracy charges to be introduced in order to widen the scope of an investigation. Once conspiracy charges are levied against the accused, the hearsay rules that protect a defendant against unsubstantiated claims outside of court, are suspended. This is often used to extract plea bargains from suspects in order to charge others in a crime. With hearsay rules suspended, those who had little - if any - knowledge of mail or wire fraud can find themselves targeted as a prime suspect.

In addition, state and federal authorities commonly seize or freeze the assets of someone indicted on charges of mail or wire fraud. Since a criminal forfeiture is a civil proceeding separate from the accused's criminal trial, the outcome of the one does not effect the other. However, initiating a criminal forfeiture can make if difficult for the accused to provide for his or her defense.

A criminal defense attorney has many options in defending a mail fraud or wire fraud charge. First, the government must be able to prove every element of the crime beyond a reasonable doubt- otherwise there can be no conviction. The government will generally use circumstantial evidence to show a jury that the defendant knew of the fraud, and often the best way to counter such evidence is to introduce evidence of good faith: demonstrating to a jury that a defendant honestly believed that his or her actions were legitimate and sound.

If you believe you may be under federal investigation for a Mail or Wire Fraud Case, it is critical that you hire a qualified criminal defense attorney right away. Do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney. The Houston, Texas law office of Richard Kuniansky will work diligently to ensure your rights are protected.

Marijuana: Texas Criminal Lawyer: Federal Law

As of this post 23 US states and the District of Columbia have passed laws allowing some degree of medical use of marijuana, and 14 states have taken steps to decriminalize it to some degree. Two states -Colorado and Washington- have legalized marijuana for adult, recreational use. Voters in three more states and our nation's capital will also decide on new marijuana laws in November 2014. Surveys across the country show that a majority of American adults support marijuana legalization in the United States, and that support appears to be growing.

However, under United States Federal law it is still illegal to possess, use, buy, sell, or cultivate marijuana. since the "Controlled Substances Act" of 1970 classifies marijuana as a Schedule I drug. The Federal government has also criminalized marijuana under the Interstate Commerce Clause.

On June 6, 2005, the United States Supreme Court decided Gonzales v. Raich,  which addressed the constitutionality of the federal Controlled Substances Act as applied to individuals who grow marijuana for personal and medical use under the then recently passed California Compassionate Use Act (CUA).
The court held that the federal government has the constitutional authority to prohibit marijuana for all purposes, even if they reside in a state where medical marijuana use is protected under state law.


The Raich decision does not say that state marijuana laws are unconstitutional; nor does it invalidate them in any way. Decisions about prosecution are still left to the discretion of the federal government, and in August 2013 the federal government announced that they would "...no longer actively pursue marijuana offenses taken place in those states that have legalized the small consumption and possession of marijuana." The Drug Enforcement Agency will only become involved if the offense involve violence or firearms, the proceeds go to gangs and cartels, or when marijuana is distributed to those states where it is illegal.

Under current federal law, possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.

• Manufacture or distribution of less than 50 plants or 50 kilograms of marijuana is punishable by up to five years in prison and a fine of up to $250,000.
• For 50-99 plants or 50-99 kilograms the penalty increases not more than 20 years in prison and a fine of up to $1 million if an individual, $5 million if other than an individual for the first offense. 
• Manufacture or distribution of 100-999 plants or 100-999 kilograms carries a penalty of 5 - 40 years in prison and a fine of $2-$5 Million. 
• For 1000 plants or 1000 kilograms or more, the penalty increases to 10 years - life in prison and a fine of $4-$10 Million.

Distribution of greater than 5 grams of marijuana to a minor under the age of 21 doubles the possible penalties; distribution within 1,000 feet of a school, playground, public housing or within 100 feet of a youth center, public pool or video arcade also doubles the possible penalties. Even the sale of paraphernalia is punishable by up to three years in prison.

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

If you have been charged with or are under investigation for a serious crime, we are entirely committed to protecting your rights. Richard Kuniansky will provide a thorough evaluation of all the facts of your case, prepare a powerful defense, and use our strong courtroom skills and extensive experience to effectively advocate on your behalf.

Marijuana: Houston Criminal Attorney: Texas Law

Many people assume that marijuana-related charges are not as serious other drug charges; however, marijuana possession is not decriminalized in Texas and even a miniscule amount can land you 6 months in jail. Texas also does not recognize any form of medical marijuana, so a medical card or doctor's note will not be a valid defense.
If you have been arrested in Texas for a marijuana crime it is very important to contact a Texas criminal law attorney immediately.

Texas has a well earned reputation as being extremely severe in its imposition of penalties for drug use and possession.
Like most states, Texas determines punishment based on the weight or amount of the drug in question. Possession of any amount up to one pound of marijuana (including very small quantities for personal use) will generally carry a sentence of 6 months to 2 years in a state jail and a $2,000 - $10,000 fine. If you have no prior felony convictions and are arrested with a small quantity, the judge still must  impose a sentence of probation with drug treatment, although he/she has discretion over the length of probation and whether or not to impose or waive the fines.
But any leniency on the judge's part ends there.  For  possession of 1-5 lbs. there is no probation and a minimum sentence of 6 months will be imposed. This is also now considered a "state jail felony" which means it will count as a felony on your record, but you will be sentenced to a minimum security prison with non-violent offenders.
For anything over the five pound limit the court will automatically assume you are a major trafficker, and the penalties increase rapidly. You will now be charged with a regular state felony, and likely sentenced to state prison:  

• 5 - 50 lbs: 2-10 years, $10,000 fine    
• 50 lbs to 1 ton: 2-20 years, $10,000 fine    
• 1 ton or more: 5-99 years, $50,000 fine

Texas law also does not recognize "gifts" under simple possession laws. This means that if you simply give somebody a joint, that action carries the same 6-month $2,000 fine as simple possession, but without the probation requirements (i.e. you will likely serve time). If you sell them that same amount, the penalty jumps to 1 year. Penalties for the sale or delivery of marijuana are also assigned by weight in Texas:

• 1/4 oz  - 5 lbs: 6 months - 2 years, $10,000 fine
• 5 lbs - 50 lbs: 2 - 20 years, $10,000 fine
• 50 lbs - 1 ton: 5 - 99 years, $10,000 fine
• 1 ton or more: Mandatory minimum of 10 - 99 years, with a $100,000 fine

If the delivery or sale is to a minor (in ANY amount), punishment automatically increases by an additional 2-20 years in prison. Also, any sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level (in some cases a difference of several years). These sentences are for either sale or delivery, meaning that it is irrelevant whether or not you receive compensation or just give it to someone.

As of June 2014, 23 states have legalized cannabis for medical use with three more states pending legislation. Texas does not recognize any form of medical marijuana, so even if you have a doctor's prescription for marijuana issued in your home state, it will become invalid once you cross the Texas state line and all the  laws above apply to you. 
If you are arrested with marijuana in your possession a medical card or doctor's note will not provide ANY defense. Also, because federal law also does not recognize medical marijuana (even in your home state), carrying medical marijuana over state borders may become a federal trafficking offense.

The laws in this field are extremely harsh and frequently changing, so having up to date facts and advice can be the difference between a minor hassle and a prison sentence. If you have been accused of marijuana possession or distribution, visit www.drug-trafficking-attorney.com or contact the office of Richard Kuniansky at 713-622-8333 for a free consultation.