Computer Crimes in Texas: Online Impersonation

June 13, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Laws lag behind online crimes. Society gets outraged when stories come on the news about online bullying, for example, but the truth is that the legislature naturally plays catch-up to technology.

Who knew Facebook or Twitter would become as popular as they’ve become… Much less had the foresight to know how to keep people from victimizing one another just two or three years ago?

One recent step taken by Texas is the addition of Texas Penal Code Section 33.07 which criminalizes “online impersonation.” That statute was passed several legislative sessions ago and it criminalizes the creation of an account on a social networking site that not only isn’t you — but is purportedly someone else (or their persona) and was created for the express purpose to harm, defraud, intimidate or threaten ANY person.

The punishment for such an offense would be a third degree felony (2-10 years TDC and/or a $10,000 fine). Similarly, it is a class A misdemeanor to send out a bogus email, text (or similar communication) purported to be from someone else that is intended to harm or defraud another person. (up to a year of county jail and/or a $4,000 fine).

The full impact of these particular Texas laws aren’t really fully understood. The main problem with criminal law as it relates to technology crimes is because the ways to commit crimes out-paces the solutions, prosecutors try to be “creative” with bending and stretching older laws that were never intended to apply to these newer problems. When prosecutors get “creative,” is when rights tend to get violated.

Computer crimes also have heavy overlapping issues with evidence rules, confession rules, and also search and seizure rules. The enactment of new codes (such as 33.07) is only the ‘tip of the iceberg’ for computer crime lawyers.

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 your own specific case, you should directly consult an attorney.

3 Comments | Computer Crimes | Tagged: , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

What is the Result or Punishment for a 1st DWI in Texas?

February 22, 2010

By Collin County Criminal Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

In Dallas and Collin County where I practice, DWI’s are statistically very winnable.  Today’s blog, though, deals with what happens if you plead guilty or are found guilty at trial.

A first DWI in Texas is a Class ‘B’ misdemeanor.  A first DWI conviction in Texas is not a felony.  Even as a misdemeanor a conviction stays on your criminal record forever.

The punishment range for a Texas DWI is between 72 hours an 180 days of jail and/or up to a $2,000 fine.

Don’t panic!  That time is usually probated — meaning you’re on probation for DWI and only if you violate your probation do you look at going back to jail.  I can safely say in my experience as a prosecutor and a DWI defense lawyer the vast majority of persons arrested for DWI spend no time in jail after their original arrest.  Of course, no lawyer can guarantee you any result.

With the punishment range as it is, your lawyer must admonish you that it is legally possible for you to be assessed 180 days and a $2,000 fine.  This is not to minimize the consequences, but most experienced DWI lawyers in Dallas and Collin Counties will tell you that result is highly unlikely.

You should also be aware that if you’re convicted of DWI and your breath test result was a 0.15 or above, you’re legally required to have a deep lung device installed on your car for at least half of the probation period.

Beginning in September, 2011, a DWI with a blood alcohol concentration above a 0.15 is now a class A misdemeanor punishable by up to a year of jail — again — typically probated.

Also there is a surcharge for renewing your driver’s license of $1,000 upon conviction for 3 years following the conviction.  The surcharge goes up to $2,000 per year if your breath and/or blood is a 0.16 or higher.

*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 please consult an attorney.

2 Comments | Uncategorized | Tagged: , , , , , , , , , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

The Top 5 Mistakes You can Make When Hiring a Criminal Lawyer Countdown — Reason No. 5

February 14, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

For the next five days, I’ll be counting down the top 5 mistakes people make in hiring criminal defense attorneys regardless of whether the case is a DWI, Marijuana, other drugs, theft, assault, felonies, or any other type of case.

#5: Hiring a Criminal Defense Attorney Based Solely on Price:

I’m not going to lie — the cost of a criminal defense attorney may very well be a good indicator of how good that lawyer really is.  Sometimes the best guy around is the priciest and the guy who charges the least may be that way for a reason.  There are plenty of other things to consider about judging a lawyer.

The more the lawyer’s time is in demand, the more it’s worth, and the higher the fee.  The less they are in demand, the less they charge.  That is the theory, anyway.  The bad assumption in that argument, though, is that the lawyer is in demand (or not in demand) because they are good (or bad) at what they do.

Consider this  —  a lawyer with a slammed schedule is slammed because they’re just better at marketing than other lawyers in the community.  Or a lawyer who charges a lesser fee has a smaller office and over-head doesn’t dictate their fees.  These things punch big holes in the theory above and there are countless other things which dictate what a certain lawyer may charge.

Should the fee be an important factor in hiring a criminal defense lawyer?  Absolutely.  Abraham Lincoln said it best about legal fees, “…In this way the client knows he has a lawyer, and a lawyer knows that he has a client.”

My point is that money shouldn’t be the only factor!  Ask tough questions.  Are you comfortable with the answers?  Do they make sense?

Your gut and intuition are often the best tools in assessing lawyers and sometimes price can be misleading.

*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 specific legal advice consult an attorney.

2 Comments | Uncategorized | Tagged: , , , , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.