Company directors, government officials and bankers are frequently in the news when they are charged with white collar crimes. However, there are many myths about white collar crimes.

These were dealt with in a recent article in The Washington Post. In an era when alleged misconduct is being probed at the highest level of government, some misconceptions endure.

Here are some of the common myths surrounding white collar crime.

1 Defendants Always Receive Light Sentences

Back in the 1970s, a series of studies appeared to suggest white collar criminals got off lightly during sentencing.

The Washington Post report suggested this is no longer the case. While some judges were lenient on these defenders more than 40 years ago, judicial discretion in sentencing was limited by the Federal Sentencing Guidelines in 1987.

The penalties for fraud were further enhanced in the aftermath of the Enron scandal in 2001. Although the U.S. Supreme Court held the guidelines were advisory and no longer mandatory for judges in 2005, sentences for white-collar defendants have become harsher, not more lenient.

2 Prosecutors Are Afraid of Prosecuting Powerful Defendants

In a recent book, Jesse Eisinger of ProPublica argued prosecutors at the U.S. Department of Justice were unwilling and unable to take on white-collar criminals at the biggest banks and financial firms because of the powerful nature of the defendants.

Commenters claim that prosecutors are afraid of toppling financial figures whose collapse could spell trouble for entire economies.

The Washington Post article took issue with this interpretation. It pointed out the tactics used by prosecutors are similar to those used investigations into drugs and violence crimes.

Being rich, powerful, and influential is no protection. Lanny Breuer, a former assistant attorney general, said the Justice Department is increasingly relying on tough investigation techniques used for organized and violent crimes in white collar crime investigations.

The article cited the use of wiretap evidence to bring a case against Raj Rajaratnam who was running one of the world’s largest hedge funds.

Special prosecutor Robert S. Mueller II has used similar techniques in his investigation of the Trump campaign.

3 Anti-Corruption Laws Are Taking a Back Seat Under the Trump Administration

In April, an article in Mother Jones cited the fears of experts that the Trump administration would backpedal on anti-corruption statutes like the Foreign Corrupt Practices Act in favor of cracking down on violent crimes.

The Post article pointed out this was not the case in 2017. In September, the Trump administration oversaw one of the largest FCPA settlements in recent history when the telecommunications provider Telia and its Uzbek subsidiary paid $965 million in penalties to the Justice Department and the Securities and Exchange Commission over bribery charges.

In August 2017, the DOJ also brought FCPA charges against a former U.S. Army colonel for an alleged money laundering and bribery scheme in Haiti.

4 Nobody Served Prison Time Over the Financial Crisis

There is a widespread perception that nobody was jailed over the recent financial crisis. The Post reported the myth that no Wall Street executives were held accountable for the financial crisis is an enduring one.

However, according to the Special Inspector General’s Office for the Troubled Asset Relief Program, federal prosecutors brought misconduct charges against 56 Wall Street traders and bankers employed by institutions that received TARP funding. The charges resulted from the financial crisis.

Those imprisoned for white collar crimes included 13 chief executives.

5 Financial Crimes Are Treated Like Robberies or Thefts

While perpetrators of white collar crimes are often accused of robbing people and it may seem like that if you lose your life savings, the psychological effect on a victim is different from a home robbery, the Post reported.

Robbery or outright theft requires the perpetrator to confront a victim. However, perpetrators and victims are seldom in close proximity in the case of white collar crimes.

Crimes like fraud are widespread in Texas. If you have been charged with a white collar crime, our Fort Worth criminal defense attorney can help you.

What Is Burglary Of Habitation?

In layman’s terms, it is the burglary of a home. The definition of burglary of habitation Texas penal code uses is the unlawful entering or staying in a private structure with the intent of committing a felony; this could be theft, assault or another illegal action. The burglary of habitation definition also includes public buildings, so a burglary arrest could happen if you’re found in a public school and suspected of a serious offense.

What Does Burglary Of Habitation Mean?

The term home invasion can be used interchangeably with burglary of habitation. This includes single family residences, apartment buildings, and RVs. Texas has even used the statute to apply to the forced entry into a car that someone was living in. On the other hand, burglary of a car that is not used as a habitation is only a class A misdemeanor.

Not all burglaries of habitations are home invasions. Burglary of habitation charges can arise from the illegal entry of almost any building with the intent to commit a serious crime. This is why you could be charged with burglary if you didn’t steal anything but are suspected of planning on attacking the homeowner or vandalizing the property.

The charge of burglary of a building in Texas levels on defendants is much more serious than theft charges. This is why you could spend much more time in prison for stealing a purse off someone’s bedroom table than if you stole it from them on the street.

There are two aspects to the burglary definition. The first is unlawful entry. You can’t charge someone with burglary of habitation if they had permission to be there, though you could charge them with theft if they steal something. Texas Penal Code sections 30.01 through 30.07 take it one step further. If you remain concealed with the intent to commit a felony level offense without the permission of the owner, it is burglary. This means that walking in the front door, grabbing money and fleeing is not treated as severely as entering the home, hiding in a closet and then sneaking out with their jewelry box. Yet these rules mean that you might be charged with burglary of a habitation if you hid in a shed on the property or even behind a tree before attacking someone or robbing them.

The second aspect is the intent to commit a felony, theft, or assault inside the “habitation”. That’s why you can be charged with a felony even if you didn’t steal anything from the property. And it is why you could be charged with burglary of the habitation if your goal was to beat up a rival or rape the resident, whether or not things got that far.

On the other hand, you can be charged with burglary of habitation if you’re asked to leave and don’t do so, especially if you then commit theft or assault. An evicted tenant who remains on the property is only guilty of criminal trespass, though there is argument that they’re guilty of theft of services. Attack the landlord who comes to inform you of the forcible eviction from the property, and you could be charged with burglary of habitation in addition to assault. If you’re on public property, you can’t get into trouble unless you’re committing a felony and in a portion of the building not open to the public. This is why you can’t be charged with burglary of a habitation for stealing something from someone on a sidewalk even if it is in front of their own home.

Is Burglary Of A Building A Felony In Texas?

Is burglary of a building a felony in the state of Texas? The answer is yes, because the state automatically prosecutes it as a felony. It is a second degree felony unless there are aggravating factors that make it a more serious offense.

For example, the burglary Texas penalties depend on the situation. If the building is uninhabited, it is a state felony. However, there must still be evidence that the person entering the building had an intent to commit a felony. Otherwise, you can only be hit with criminal trespass charges. Yet you could be hit with a felony anyway. For example, breaking into a coin-operated machine to steal the money or the contents is classified as burglary, but you can be charged with a felony if you enter a vehicle with the intent to commit a felony. Stealing a car worth more than 2500 dollars is a felony in Texas. If the car is worth 2,500 to 30,000 dollars, it is a state felony that can land you in prison for up to two years. Enter someone’s home to steal the car from their garage, and additional criminal charges can be tacked on.

Home invasion is by itself a second degree felony. That is the charge for simply entering the home or remaining there with an intent to commit a felony. (It could be assault, rape or theft.) But if the felony the person was planning on committing was anything other than theft, it becomes a first degree felony.

How Much Jail Time For Burglary Of Habitation?

Let’s use the example of entering a building with the intent to commit a felony, but there was no one inside. This is a state felony. The penalty for this is 180 to 720 days is prison and a fine of up to ten thousand dollars. However, you can’t be charged with burglary if you’re merely trespassing and had no ill intent. Someone breaking into a building to get shelter from a storm or get away from a pack of dogs would be one such example. The charges only stick if the prosecutor can prove the intent to commit a felony while on the property. If there isn’t enough evidence to prove that the person had ill intent, you will probably be convicted of a lesser charge like criminal trespass. And you can fight a burglary charge if there is doubt as to whether or not it was clear you were told to leave the premises, though assault or rape is a crime in and of itself. If burglary isn’t provable, you could still be prosecuted for the crime of assault or unauthorized entry.

Invading someone’s home with the goal of stealing things is a second degree felony. Texas law says that second degree felonies are punishable by a fine of up to ten thousand dollars and between two and twenty years in prison. If the goal was to rape or assault them, then it becomes a first degree felony. A first degree felony can result in imprisonment for five to ninety nine years plus a fine of up to ten thousand dollars. A first degree felony can theoretically result in life in prison. It is very rare for someone to be put on probation rather than prison.

Is Burglary Of A Home A 3G Offense In Texas?

The term 3G offense comes from section 3G of the Texas Code of Criminal Procedure. A 3G offense is considered far more severe than other crimes. The list of 3G crimes includes sexual assault of a child, indecency with a child and aggravated sexual assault. It also includes crimes spelled out in Article 42A0.54 in the Texas Code of Criminal Procedure like murder, human trafficking, and aggravated kidnapping injury to a disabled individual. If a felony is committed with a deadly weapon before, during or after the crime, it becomes a 3G offense.

This classification matters, because probation is not an option for 3G offenses. That means you can’t negotiate the punishment down to probation as part of a plea negotiation. Furthermore, you must serve at least half of the prison sentence before you become eligible for parole. In most other cases, you are eligible for parole after one quarter of the sentence has been completed. That’s why you might get out after one year in prison when sentenced to four years for robbery but can’t get out that fast if sent to prison for the same length of time for an aggravated robbery and home invasion.

Section Article 42A0.54 lists aggravated robbery and burglary of a habitation to commit a felony other than theft as a 3G offense. That’s why many home invaders choose to be unarmed. Carry a gun, and it becomes a serious charge. Be found guilty of entering the home with the intent of raping the occupant, and it becomes a 3G offense.

Deferred adjudication is not an option in a plea bargain for most 3G offenses. Texas burglary law only allows judges to accept a plea bargain involving deferred adjudication or a deferred guilty plea if the maximum penalty for a crime doesn’t exceed ten years. This is why you need a good burglary attorney to negotiate down the charges so that you’re not hit with a 3G offense. Skilled attorneys can negotiate a felony down to a misdemeanor or prove you didn’t have felonious intent. Furthermore, burglary charges can be difficult to prove in other circumstances, so always consult with a good attorney rather than pleading guilty.

Many defendants are confused about criminal trials and there are numerous misconceptions. On our website, we point out that many people are influenced by trials they see on the TV.

Often people get the beyond reasonable doubt burden of proof confused with the lower one in civil trials. On occasions, we need to help a client understand that in a criminal case the defense does not have anything to prove.

Rather the prosecution has to prove their case against our defendant beyond reasonable doubt. The government will typically bring witnesses to the stand to help them prove their case. Sometimes, we have to help our client to understand that he or she is not required to testify, and has the right to remain silent in a criminal case.

In some criminal cases, there is a lack of evidence such as DNA and it comes down to the word of one party against another. In these cases, it can make sense for our client to testify because the words of a defendant may be enough to instill a reasonable doubt in the minds of jurors.

It’s important to make sure that a client understands that the burden of proof beyond a reasonable doubt is a much higher burden than the civil burden of the preponderance of the evidence.

It’s important for a defendant to not give up and rush to plead guilty. On occasions, we can bring witnesses to refute the evidence of prosecutors.

We may be able to show the breath test evidence was flawed in a DWI case because the machine was wrongly calibrated or the police officer failed to follow proper procedure.

One of the biggest misconceptions people who are not involved in trials make about the criminal justice process is the time it takes.

Crime scene investigations do not take a matter of hours or days like on a typical TV episode. They can stretch over months, years, or even decades. Lab results can take months to be analyzed and returned.

It takes a considerable amount of time to investigate a crime scene, check for forensic evidence and fingerprints, to interview witnesses and compile evidence. The investigation itself can be quite lengthy, let alone the arrest and conviction process. It often takes more than a year for a case to reach trial.

Defendants can lose heart if eyewitnesses give evidence against them but this may not be as powerful as they think. Research shown many witnesses don’t have an exact memory of what they saw and their testimony may crumble if they are challenged.

Even expert witnesses may not be infallible. In 2012, the credibility of A.P. Merillat, an expert used by Texas prosecutors seeking the death penalty, was condemned by the state’s highest criminal court. The Texas Tribune reported judges determined Merillat gave false testimony. Two death sentences were reverted to life sentences.

If you have been charged with a criminal offense in Texas, it’s important to contact experienced criminal defense lawyers.

The issue of restrictions on police searching your cellphone has been the subject of a series of important court decisions in recent years. However, police cannot search the cellphones of criminal suspects without a warrant and they need to establish probable cause to obtain one.

This principle was reinforced in an important 2014 Supreme Court case. The nation’s highest court decided search warrants are required to search phone records, reported CNN.

The case was a major endorsement for privacy rights. In a 9-0 vote, the Supreme Court justices said smartphones, as well as other electronic devices, were different from wallets, briefcases, and vehicles which can receive a limited initial examination by police officers.

Searches can generally be allowed when there is “probable cause” that a crime has been committed, to make sure officers are safe and to prevent the destruction of evidence.

The ruling in 2014 followed cases in California and Massachusetts. These states convicted suspects after details like phone numbers, addresses, text messages, and photos were obtained from their electronic devices. Law enforcement officers claimed this material pointed to drug and gang-related activities.

The defendants appealed the cases. It gave the U.S. Supreme Court the chance to focus on the seizures of cell phones at a time when smartphone technology was moving at a rapid pace.

The ruling stated:

“The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought.”

The justices said the answer to the question of what police must do before searching a cell phone was very simple. They should get a search warrant.

In 2017, another court battle erupted over whether police needed a warrant, this time for locational data from cell towers.

In 2015, a federal appeals court ruled the public has no reasonable expectation of privacy when it comes to their cell phone location records.

The judges said police do not require a search warrant to obtain access to cell tower location records when probing criminal cases because the information belongs to a third party.

The case concerned Miami resident Quartavious Davis, who was convicted of possession of a firearm, robbery, and conspiracy in 2012 after investigators obtained 67 days of his cell phone records from a provider. Davis was sentenced to 162 years in prison.

The case came before the U.S. Supreme Court in late 2017.

It’s vital to know your rights if you are stopped by the police. Call the Medlin Law Firm for assistance if you are arrested in Fort Worth.

Shortly after the most deadly shooting in Texas history at the First Baptist Church in Sutherland Springs in November, Attorney General Ken Paxton suggested armed volunteer security might help stop similar attacks in the future.

In fact, a new state law went into effect in September, noted the Texas Tribune.

The law’s author, State Rep. Matt Rinaldi, R-Irving, said many churches in Texas don’t know it’s an option.

Rinaldi submitted a bill to the Texas Legislature after finding out that while an existing law allowed congregants with licenses to carry to bring firearms into churches they weren’t allowed to conduct security functions.

Rinaldi said he was with his wife conducting church security at the St. Anne’s carnival. He said unarmed security guards were looking for lost children.

He said he checked the law and later discovered what the church was doing was illegal under Texas law.

Rinaldi said churches were faced with either contracting private security firms or obtaining a “letter of authority” from the state for $400 to create volunteer security teams.

He said churches are frequently targeted in Texas. It made no sense if they could not protect themselves without hiring private security. Rinaldi said many churches lacked the funds to contract a private security firm.

His measure passed the legislature after he notified every church in his district that they had the option for volunteer security.

Churchgoers may carry guns. However, Rinaldi pointed out congregants still need licenses to carry guns in church.

He said before the law passed, people in a church could still carry guns. The law allows the churches to identify who these people are and coordinate so that as everybody knows who’s providing security.

The new law may help clear up ambiguity but you still need a license to carry a gun in a church if you are to escape possible criminal sanctions.

Devin Patrick Kelley killed 26 people at the Texas church in November and injured many more. It was the worst mass shooting on record in the state.

If you have been charged with a firearms offense, you may be facing a serious sanction. Please call us today for a free consultation about your case.