July 27, 2015 – Law Office of John R. Teakell

What To Do If You Are The Target Of A Criminal Investigation

teakelllawcom on July 27, 2015

Status of Person Investigated

A “target” of a criminal investigation is a person against whom the prosecutor and law enforcement are working to obtain formal charges, that is, an Indictment. It is a term that is used in both federal investigations and state investigations, although the term “target” is associated more with federal criminal investigations. If you are targeted in a criminal investigation, you should take action as referenced herein to protect yourself. The U.S. Attorney’s Manual, 9-11.151, defines a target as:

“A ‘target’ is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant. An officer or employee of an organization which is a target is not automatically considered a target even if such officer’s or employee’s conduct contributed to the commission of the crime by the target organization. The same lack of automatic target status holds true for organizations which employ, or employed, an officer or employee who is a target.”

A person may also be the subject of an investigation, which federally, means that prosecution does not have enough evidence to consider the person a “target” yet there is some evidence to show or suggest the person’s involvement. The term “subject” is a term associated with federal criminal investigations. A subject of an investigation may ultimately become a target, or he/she may ultimately not be prosecuted. The U.S. Attorney’s Manual, also at 9-11.151, defines a “subject” as:

“A subject of an investigation is a person whose conduct is within the scope of the grand jury’s investigation.”

A subject may be considered a “person of interest” as that term is sometimes used, although not specifically related to a federal investigation.

Generally

If you learn that you are the target of an investigation, you need to learn all you can about the allegations of the wrongdoing, and the source of the allegations. This is done by having your attorney contact the prosecutor to speak with him. Generally, you can at least verify that an investigation is on going, whether or not you are being targeted, and the focus of the investigation.

Defend/ Push-Back

The reason you need to determine the allegation is so your attorney can develop a plan to discredit the allegations. You want to do this as much as possible to dissuade prosecution, prevent a Grand Jury Indictment (formal charges), or at least to ascertain the charges that will be forthcoming, and further to mitigate the charges if you cannot prevent a criminal prosecution.

Statements/ Interview

DO NOT MAKE A STATEMENT to the law enforcement about the subject area of investigation, whether you are in custody or not. There is no upside to it…

Learn of Target Status By

Interviews
Target Letter
Contact by Investigator

Actions

Hire experienced counsel
Contact the United States Attorneys Office
Discuss allegations with the client
Determine what information the prosecutors and investigators may not have
Schedule presentations to the United States Attorneys Office/District Attorney
Give the presentations to the United States Attorneys Office/District Attorney
This may be a lengthy process
In State Court we may be able to make a presentation to the Grand Jury in attempt to get a “No- Bill” (Grand Jury’s refusal to indict)

Benefits

Learn allegation details
Know what to push back with
May be able to dissuade prosecution or a No –Bill

OR alternatively, to mitigate the charge or outcome

At least we will know the actions or charges that may be forthcoming
If an Indictment is coming, or a Complaint, you will usually be able to have the client self- surrender
The bond may well be more favorable

State Court

It is not a process like federal court
State Court – may not have lead time for an investigation unless it is a white- collar offense

– State investigations usually are not as long as federal

State Court – may not learn of target status
Usually have the opportunity to make a Grand Jury presentation to try to convince the Grand Jury to not Indict

What Should I Do If I Am Accused Of Statutory Rape?

teakelllawcom on July 27, 2015

https://teakelllaw.com/videos/what-should-i-do-if-i-am-accused-of-statutory-rape/

If you are accused of having sex with someone who is underage, or if you think you are being investigated for this crime, the first thing you need to do is to hire an attorney who will go in and investigate the charges, investigate the evidence, and determine how strong the criminal case is against you. The attorney can also attempt to dissuade the prosecution from moving forward with the case. Furthermore, knowing the direction the investigators are taking allows the attorney and you to begin putting together the evidence that might exonerate you, or get the charges against you dropped before there’s even been an indictment.

What Are the Potential Penalties Involved?

In Texas, the punishment for violations of these laws run from between 2 to 20 years, plus the requirement that you register as a sex offender. The penalties vary by state.

Should I Agree to an Interview Before I Have an Attorney?

This is not a good idea. You want an attorney with you when you interview to assure that your rights are protected. Also, you want to be sure that you have guidance in knowing what offers to accept, what questions to answer, and to be sure that you fully understand what’s being asked of you.

What Should I Do If an Officer Attempts to Question Me?

Politely refuse the interview. Let them know that you either have an attorney or that you are in the process of hiring an attorney and that the attorney will be in contact to schedule the appointments and will be with you during the interviews.

How Should I Choose an Attorney?

You should choose an attorney based on six criteria: the experience they bring to the table, their reputation in the legal field; their track record; the advantages they have to offer you for the money you are paying them; how dedicated they are to fighting for the best possible outcome; and how comfortable you feel with them. Ideally you would want to choose an attorney who has experience both as a former prosecutor so that they know the strategies and the time frames that the other side operates under, someone who can work in both federal and state courts so they can represent you regardless of where your case ends up being tried, someone who has a proven track record of success in cases like yours, and someone who can offer you more than just an attorney. You want someone who will go to the mat and fight for your case.

What Should I Do If I Am Arrested and Charged with Statutory Rape in Texas?

teakelllawcom on July 27, 2015

Facing a statutory rape charge in Texas can feel overwhelming and life-altering. Did you know that a conviction could lead to up to 20 years in prison, fines of up to $10,000, and mandatory registration as a sex offender? These consequences can affect your personal, professional, and social life for years. The stakes are high, but acting quickly and decisively can make all the difference.

At Teakell Law, we specialize in defending clients against complex legal challenges, including statutory rape allegations. This guide explains everything you need to know about the charges, the potential penalties, and the defense strategies we use to help clients move forward with confidence.

What is Statutory Rape in Texas?

Statutory rape refers to engaging in sexual activity with a minor who is legally unable to consent due to their age. In Texas, the age of consent is 17. This means that any sexual relationship with someone under this age—regardless of mutual agreement—can lead to criminal charges.

To better understand how age and consent laws work in Texas, visit our Texas Sexual Assault Law Overview.

What Should You Do if You Are Arrested?

If you are arrested and charged with statutory rape, time is critical. Here are the immediate steps to take:

1. Exercise Your Right to Remain Silent

Do not discuss the allegations with law enforcement or anyone else without legal representation. Anything you say can and will be used against you in court. Clearly and politely state that you are invoking your right to remain silent and request an attorney.

2. Contact an Experienced Attorney

Hiring a skilled criminal defense attorney as soon as possible is essential. At Teakell Law, we have years of experience handling complex sex crime cases. Our team will guide you through the legal process, protect your rights, and build a defense strategy tailored to your unique circumstances.

For more information on the importance of having the right attorney, visit our Defending Against Multiple Charges page.

Potential Penalties for Statutory Rape in Texas

The penalties for a statutory rape conviction in Texas are severe and long-lasting. If convicted, you could face:

1. Prison Time

Depending on the specifics of the case, prison sentences can range from 2 to 20 years. Factors that influence sentencing include the severity of the offense, whether it was a first-time or repeat offense, and the amount of financial loss or harm caused. In federal cases, sentencing guidelines are strict, and enhancements may apply if the crime involved multiple victims, large sums of money, or sophisticated fraudulent schemes. Additionally, conspiracy charges or aggravated circumstances can lead to even longer sentences.

2. Fines

Convictions can come with fines of up to $10,000, but in many federal cases, fines can be significantly higher. Courts may impose financial penalties based on the amount of money involved in the crime, restitution owed to victims, and additional penalties for obstruction of justice or failure to cooperate during investigations. Some cases also involve forfeiture of assets, requiring defendants to surrender property, bank accounts, or other valuables connected to the alleged offense.

3. Mandatory Sex Offender Registration

One of the most lasting consequences is being placed on the sex offender registry, which can impact your future employment, housing opportunities, and even your ability to travel.

Understanding the potential penalties is crucial for planning a strong defense. For cases involving overlapping charges, visit our Fraud and Federal Cases page.

Defense Strategies for Statutory Rape Cases

Every case is unique, but some common defense strategies for statutory rape charges include:

1. Lack of Intent

If there was no intent to commit a crime, this can form the basis of a defense. Evidence of a misunderstanding or miscommunication about age may support this claim.

2. Age Proximity Defense (Romeo and Juliet Law)

Texas law includes a “Romeo and Juliet” provision, which can be used as a defense if the age difference between the individuals is within three years and the minor was at least 14 years old.

3. Challenging the Evidence

Scrutinizing the prosecution’s evidence for inconsistencies or procedural violations can weaken their case. For example, if evidence was obtained unlawfully, it may be deemed inadmissible in court.

4. Mistaken Identity

If you were not the individual involved in the alleged incident, providing an alibi or other supporting evidence can prove your innocence.

For more information on strategies tailored to your specific case, visit our Criminal Defense Services page.

The Long-Term Impact of a Conviction

Beyond legal penalties, a statutory rape conviction can have devastating personal and social consequences, including:

Employment Challenges: Many employers conduct background checks, and a sex crime conviction can disqualify you from job opportunities.
Housing Restrictions: Individuals on the sex offender registry often face difficulties securing housing, as many landlords deny their applications.
Strained Personal Relationships: The stigma of being on the sex offender registry can create barriers with family, friends, and your broader social network.

To understand how Teakell Law has helped others navigate similar challenges, check out our Case Results.

Why Choose Teakell Law?

At Teakell Law, we are committed to protecting your rights and fighting for your future. Here’s what sets us apart:

Comprehensive Case Analysis: We thoroughly examine evidence and identify weaknesses in the prosecution’s case.
Proven Legal Strategies: Our attorneys have a long track record of success in defending against complex criminal charges.
Client-Focused Advocacy: We prioritize clear communication and personalized support, ensuring you feel confident every step of the way.

When the stakes are this high, you need experienced attorneys who understand the complexities of statutory rape cases in Texas.

Contact Teakell Law Today

Don’t navigate this difficult situation alone. If you’ve been arrested and charged with statutory rape, contact Teakell Law today to schedule a confidential consultation. Our experienced legal team is here to protect your rights, build your defense, and help you move forward with confidence. Contact Teakell Law today to get started.

What Are The Defenses To Statutory Rape?

teakelllawcom on July 27, 2015

https://teakelllaw.com/videos/what-are-the-defenses-to-statutory-rape/

Well, by definition, the Statutory Rape, or the sexual assault, person to consent is, again, by definition, consensual. There is no force, no intimidation or threats, no promises of anything to obtain the act of sex. A defense could be, and does exist, when the participants are close in age, usually about two years, and some states vary on that, that can be an exception that does present a defense, even if one person is underage.

What Is the Age of Consent?

In the State of Texas, the age of consent is 17 years. There is an exception to this in that if the minor is 14 years of age or older and the person they are engaging in sexual activities with is no more than 3 years older than they are, then it is considered legal. The exception does not apply to someone who is required to register on the sex offender’s list. The laws vary by state, so even if it’s legal in Texas that doesn’t mean it’s legal everywhere.

What Should I Do If I’ve Been Accused of Statutory Rape?

The first thing you should do is to hire an attorney before you do anything else. The attorney will go in and find out not only what charges are being prepared against you but also what evidence has been provided. This will allow you to provide counter evidence and potentially get the charges dropped before an indictment is rendered.

What Should I Do If an Officer Attempts to Question Me?

How Should I Choose an Attorney?

What Counts as Evidence for Intent to Distribute Drugs in Texas

teakelllawcom on July 27, 2015

https://teakelllaw.com/videos/what-counts-as-evidence-for-intent-to-distribute-drugs-in-texas/

Have you or has a loved one been charged with intent to distribute drugs? Watch our FREE video and find out more about what you need to know.

What kinds of intent to distribute are there?

Basically, two categories. If you have evidence that the person had made arrangements to receive a controlled substance, an illegal drug, and then he was going to turn around and sell it or give it to someone, that would be a deliver or distribution, as it’s called. If, however, there is evidence the person was going to break it down into smaller quantities and distribute it – such as it being in small containers or small baggies – that would be a delivery, or the intent to deliver, charge.

Does Quantity Affect the Charges?

Case law has developed in state court that if you are found with a certain quantity, that is beyond a personal use, then that itself can be used as evidence against the person. In other words, if the officer or arresting agent, acting as an expert witness, testified that the person was found in possession of an amount that was far beyond the amount likely to be obtained for personal use, the state can submit that as evidence the defendant had it in his or her possession with the intention of distributing it.

What Should I Do If I’ve Been Accused of Intent to Distribute?

The first thing I would recommend, even before engaging in an interview with an officer, is to hire a lawyer. You’re going to need someone who can go in and speak with the officers and the district attorney’s office to find out what kind of evidence they have against you and to try and either talk them out of prosecuting or begin preparing a defense.

Can Attorney John R. Teakell Help Me with My Intent to Distribute Case?

Yes! Attorney John R. Teakell has served as both a federal and state prosecutor and knows their tactics. He has years of experience defending people just like you and has a team of highly qualified experts who will do the research, locate and interview the witnesses, and help to assemble a case on your behalf.

Don’t Wait!

The worst thing you can do when it comes to your case is wait to call. The longer you wait, the more time it gives the prosecution to put together a case against you and the more difficult it becomes for your legal team to assemble the evidence and witnesses they need to give you your best possible outcome. Contact us today!

What Is Statutory Rape?

teakelllawcom on July 27, 2015

Statutory Rapes was a term that’s sort of from the past that still applies today. It’s usually referred to as sexual assault, just like rape would be referred to as sexual assault, but the statutory rape is having consensual sex with, usually a person who is underage or not deemed to be of age to make that determination. A person who is at or above the age of consent can be prosecuted, even if the sex was consensual, for having sexual relations with someone who is not of age. There is an exception to this, if the two people involved are very close in age and a lot of states have that exemption, but generally speaking if a person is of age and the other is not then it would be considered statutory rape. Most often it is the female who is under age in these situations.

What Should I Do If I’m Accused of Statutory Rape?

If you’ve been accused or think you might be under investigation for statutory rape, the best thing you can do is to hire an attorney right away, especially before speaking with an officer or an investigator. That attorney will then go in and find out what the charges are against you, what the evidence is, and will determine how strong the case is against you. They may also attempt to dissuade the prosecution from moving forward with the case, potentially getting charges dropped completely before you even make it to the grand jury.

Should I Interview Without an Attorney Present?

It’s really not advisable to go into the interview, or to allow the interview to proceed if they’ve come to your home or work location, without an attorney present. This is because without an attorney to advise you of the evidence against you or the charges that are actually pending against you, you might say something out of fear that could be misconstrued to indicate your guilt. Having your attorney with you during interviews allows you to be sure you fully understand what you’re facing and can make better decisions, plus you have someone in the room who can be sure you fully understand the questions being asked of you before you give an answer that may be held against you later. An attorney can also negotiate with your prosecutors if that seems appropriate for your case.

Everything You Need

When you hire the law offices of John R. Teakell, you are getting everything you need to get the best possible outcome for your case. You get someone who has spent time as both a federal and state prosecutor, who has a strong reputation for excellence in the legal field, who has a proven track record of successful case outcomes, who is dedicated to fighting for the best possible outcome for your case, and who leaves the judging for the judges. Furthermore, John R. Teakell has a team of highly qualified professionals who will help to put together the evidence, assemble the witnesses, and provide the testimonies to help get the very best outcome for your case.

Don’t wait – Contact us TODAY!

I Was Arrested For Possession Of Drugs. What Happens Next?

teakelllawcom on July 27, 2015

https://teakelllaw.com/videos/i-was-arrested-for-possession-of-drugs-what-happens-next/

If you have or a loved one has been arrested for possession of drugs, watch our free video and find out what you need to know:

If it is a bondable offense and you make the bond, I would encourage that person to contact an attorney, retain the attorney, get with the district attorney’s office, and see what evidence there is and determine if it’s a good case for the state or not.

What Would Make It a Good Case for the State?

If it seems more probable than not or a high probability that you would be convicted if you went to trial, then it would be considered a good case for the state.

What Can Be Done If It Is a Good Case?

At that point, it becomes a damage control situation. Your attorney will try to determine if there is a way to keep you out of custody or if there is a way to prevent you from having a felony or misdemeanor conviction.

What Can Happen to Me If I Am Convicted?

Depending on the charges being brought against you, you could be facing time in prison. Even if you manage to avoid prison time, the conviction on your record can disqualify you from certain federal or state positions of employment and can interfere with your efforts to find work elsewhere. Don’t let this happen to you!

Don’t Wait!

Don’t wait until your case proceeds to trial to contact the law offices of John R. Teakell. The sooner you contact us, the sooner we can begin working to keep you out of custody and to prevent you from having a felony or misdemeanor conviction on your permanent record.

The Experience and Resources You Need

When you hire the law offices of John R. Teakell, you aren’t just hiring an attorney. You are hiring a team of highly qualified experts who will help to find the evidence and gather the witnesses who will help you to achieve the best possible outcome for your case. John R. Teakell has years of experience working for federal and state prosecutors as well as years of experience in criminal defense. He knows how the other side thinks and knows how they operate.

Contact Us Today!

The best time to put together the offense you need to achieve the best possible results for your case is NOW! Contact us today and let us get started working on your case. We have what it takes to help you no matter what the charges may be.

I Was Suspected Of A White Collar Crime And Am Under Investigation. What Should I Do?

teakelllawcom on July 27, 2015

https://teakelllaw.com/videos/i-was-suspected-of-a-white-collar-crime-and-am-under-investigation-what-should-i-do/

Hire an Attorney

Your attorney will be able to go in, figure out what the focus of the investigation is, and find out the time frame on the Prosecutor’s end. That attorney will also be able to figure out if you are the primary focus of the investigation or if you are being investigated as part of a larger investigation, and that knowledge can have an impact on how your case turns out.

Politely Decline Interview Requests

Politely decline to submit to an interview until you understand the parameters of the investigation and what it is you’re alleged to have done. Do not make statements until you can speak with your attorney. Then, if you do go in to answer some questions, do it only through your attorney, after you’ve established some parameters with the prosecutor as to what safeguards are built in.

What Should I Look for In an Attorney?

Look for an attorney who has experience working for the prosecution’s side, so they know how the prosecution thinks, know their goals, and know the kind of strategies they are likely to employ. Look for an attorney who has years of experience in white collar crime and who has a proven track record of successfully defending white collar criminal cases. Look for an attorney who has worked in both federal and state courts and knows the difference between the two. Look for an attorney who has a team of highly qualified professionals that he can call upon to help him in his work to put together the defense you need. It’s hard to find all of these in one package, but that’s what John R. Teakell has to offer.

Get Started Now!

The sooner you schedule a consultation with the law offices of John R. Teakell, the sooner we can begin to find out the information you need to give yourself the best chances of having a favorable outcome on your case. Don’t wait until you’ve already been indicted or have already self-incriminated by giving an interview without an attorney present. Every day you delay is one more day the prosecution has to work against you, and one less day that your defense attorney has to find evidence in your favor. It’s never too soon in the process to hire an attorney. Contact us today and put us to work in your favor