Criminal Credit or Debit Card Abuse

August 13, 2011

By Collin County Criminal Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

It’s not a crime to be irresponsible with your credit cards.  It is a crime to use someone else’s credit card without their consent.

Credit or debit card abuse is defined by Texas Penal Code 32.31 which holds, in part, beginning in subsection (b);

(b)  A person commits an offense if:

(1)  with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:

(A)  the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or

(B)  the card has expired or has been revoked or cancelled;

The code lists out several other ways credit or debit card abuse can be committed other than just using someone else’s credit card.  Other examples include using fictitious credit cards, possessing someone else’s credit card without their consent with intent to use it, or buying or selling credit or debit cards (unless, of course, you are the issuer).  You can read the entire statute here to see the full list of violations.

Credit or debit card abuse is a state jail felony unless it is committed against someone over the age of 65, in which case it is a third degree felony.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any situation, you should contact an attorney directly.

 

 


Places You Can’t Carry a Firearm in Texas

August 7, 2011

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

Texas Penal Code 46.03 is titled, “Places Weapons Prohibited” and specifically lists the places you can’t carry a firearm under Texas law.

Though the most complete list with the entire text is provided in the link to the statute above, prohibited places include both public and private schools, polling places when voting is in progress, government offices, and secure areas of airports.

Other, less obvious places include racetracks and within 1,000 feet of premises designated by the Texas Department of Criminal justice on a day that a death sentence is to be imposed.

Currently, under Tex.Pen.C. 46.03(f), it is not an affirmative defense to these offenses if the person carries a concealed handgun pursuant to Subchapter H, Chapter 411 of the Government code.  Proposed amendments to this provision which would have allowed concealed weapons on college campuses failed during the recent Texas legislative session.

Offenses under this chapter are third degree felonies.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice as to any specific situation you should contact an attorney directly.


Lessons from the Casey Anthony Trial

July 31, 2011

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

I’ve been getting asked about my thoughts on the Casey Anthony verdict.  My opinions are probably not like most on the topic.  To be completely honest, I didn’t follow the trial particularly closely and — like the rest of the world — I’ve got no clue whether she killed her child or not.

My view is that this trial — and the result —  has done a lot to educate the public as to the nuances of our criminal justice system.  Regardless of whether people fit into the “she did it” or “she didn’t do it” camp, people are debating the evidence and more importantly discussing the reasons why a criminal trial works the way it does.  That’s heathy.

When trying a complicated trial to a jury – whether it be a serious felony or whether it is a DWI with blood evidence, it is critical the jury understand it’s virtually impossible (1) to prove your own innocence in any case; or (2) to convince skeptics you are innocent by testifying in your own defense.  It’s also just as critical for citizens and jurors to understand that the police and prosecutors are making educated guesses at what happened too.  “The police tried really hard” and “we can’t let someone get away with this” just aren’t evidence.  If we don’t have evidence we run the risk of convicting an innocent person.  These are the real lessons from the Casey Anthony Trial.

Of course, there are always people that just don’t get it.  That is, people who only conclude from the Casey Anthony case that “our system is broken.”  Simply stated, that sentiment from someone not involved directly with the case presumes guilt — not innocence.  Also, when that sentiment is shared by the masses, it tends to produce mean changes in the law and jurors with an axe to grind.  This type of apathy also carries with it a nugget of self-ritcheosness which I find particularly difficult to swallow as someone that visits a lot with people who wonder where all of their rights have gone.

The Casey Anthony verdict teaches us many lessons which we sorely need — not the least of which focuses on whether the jury was right or wrong.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any particular situation, you should contact an attorney directly.

 


Governor Perry Vetoes Texting While Driving Ban

June 19, 2011

By Dallas and Collin Count Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

The Texas legislature recently passed House Bill 242 which made texting while driving illegal in Texas.  It would have made violations a Class C misdemeanor, which is the lowest offense level – equivalent to speeding.

On June 17, 2011, Governor Perry vetoed the bill saying the bill was “a government effort to micromanage the behavior of adults.”  He did state texting while driving was “reckless and irresponsible.”

Study after study has shown texting while driving to be as or more dangerous than drunk driving.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any specific situation you should contact an attorney directly.

 


Who Can See My Criminal Record?

June 1, 2011

By Collin and Dallas County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

Criminal records are generated different ways.  What you have to remember is that when you get arrested, you are cycling through a public system where information is (to varying degrees) open to the public.

Your “official” criminal records are kept by the FBI and the Texas Department of Public Safety.  The FBI runs the NCIC (National Crime Information Center) and DPS runs the TCIC (Texas Crime Information Center).  Only specifically authorized personnel are allowed to view information in these databases and it is not readily accessible to the public.  In fact, the illegal dissemination of information of the NCIC or TCIC is a class b misdemeanor in Texas.

When a private citizen or company is looking at your criminal record, what they are really looking at is information a third-party vendor has purchased or acquired directly from county, state or city court system.  Under the Gramm-Leach-Bliley Act of 1999, users must justify their queries and have a legitimate purpose for conducting background research on websites of the public data forums.  As you might guess, the categories are somewhat broad — so if you’re applying for a job or for credit then it’s safe to assume your background may be legally checked.

Non-disclosures and expunctions are ways in Texas that criminal records can be mitigated.  An expunction under Tex.Code.Crim.P. Chapter 55 is an extremely powerful right which authorizes the actual destruction of the information surrounding the arrest.  

A non-disclosure under the government code chapter 481 can help in limiting the persons who can have access to an arrest record.  Generally, only governmental agencies will have access to criminal records.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any particular issue, you should consult an attorney directly.