Felony theft and fraud and texas
As with other theft crimes, the penalties for each level of crime can be increased if there are other factors involved, such as if the bad check was written to an elderly person or to a nonprofit organization. Here are two common examples. Taking a second job while you collect benefits from the first job is also considered to be fraudulent.
Insurance fraud can be either a misdemeanor or a felony in the state of Texas, depending on the amount or value of the claim.
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Understating assets or overstating debts are both fraudulent. Hiding assets to avoid their liquidation is also very common. Some bankruptcy fraud occurs even before the case is filed. This happens when the defendant purposefully or appears to purposefully acquire credit only to exhaust it prior to filing the bankruptcy case.
This is fraud because the defendants basically obtained the credit under false pretenses—the pretense that they would pay the debt, when they had no intention of ever doing so.
Houston Fraud Attorney | Fraud Defense Lawyer
You need to secure an attorney the moment you suspect you are being investigated for any type of fraud. You will also want to refer any investigators to your attorney once you have retained one. Often, insurance agencies or other parties will have internal investigators begin asking questions prior to the involvement of law enforcement officials. We often see clients getting into trouble because they give these investigators confused or conflicting information while they are flustered or stressed.
Your best bet is to say as little as possible while allowing your attorney to handle the matter. Get this information to your attorney promptly. Lisa Shapiro Strauss actually launches her own investigation into the matter to help ensure that you are well-prepared for the upcoming trial. Often, it becomes necessary to hire experts to pour through mountains of paperwork and documentation in order to examine it for opportunities which can be used in the crafting of your defense.
You will miss those opportunities if you do not work with your theft lawyer to provide the necessary information. The consequences of any fraud conviction are dire, though the specifics will certainly depend upon the type of fraud you are accused of; as well as the extent of the fraud and the unique nature of your case.
Texas Identity Theft Laws
In some cases, a fraud case may even lead to other criminal penalties. For example, if you are involved in a medical fraud case involving the resale of prescription drugs then you might well find yourself facing drug trafficking charges in addition to medical fraud charges. Our office has helped many defendants get reduced charges on their fraud case.
esoloutil.tk There are several defenses we can use. For example, if the prosecution claims that you knowingly wrote a check on a closed account and we can prove that the account was in fact open on the date that you wrote the check in question then this sort of mistake of fact could lead to dropped charges. This is a very simplistic example, of course, but it demonstrates the principle all the same.
In some cases, a lack of intent to harm the plaintiff can also serve as a defense against charges, since in some types of fraud there must be some sort of intent involved.
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That led to challenges in prosecuting them, and over time, the need for state involvement has grown, said Chief Johnny Siemens of the Castle Hills Police Department in Bexar County. Siemens said offenders who make off with a few packages or parcels of mail often don't stop there.
The theft, he said, can represent a gateway to larger crimes of identity theft or fraud, and Texas ranks among the top 15 in the nation for both.
3 Types of Fraud and How They Are Pursued in Texas
Texas Criminal Justice Coalition peer policy fellow Allison Franklin, however, worries the bill could end up doing more harm than good. Franklin called the bill's penalty structure "absurd" because it doesn't take into account the value of stolen mail. Taking a low-cost package from someone's porch, for example, shouldn't have a higher punishment than stealing an expensive mountain bike from her lawn, she said. Some like Chris Harris, a data analyst for criminal justice reform nonprofit Just Liberty, also fear a potential felony charge for basic mail theft is too high.
Shoplifting : This is defined as deliberately taking products from a store without paying the full value of them. Theft by Check: Paying for an item with a check when the checking account does not have sufficient funds to cover the amount or the account is closed qualifies as theft by check. I'm so grateful for her for the excellent outcome the my case ended with after a whole year battle.
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