CALL NOW

Facebook Linkedin Youtube

Exposing the Dangers of Drug Trafficking in State Cases: Penalties and Legal Defenses

teakelllawcom on July 29, 2015

Drug trafficking is one of the most serious criminal offenses prosecuted in state courts, carrying severe penalties that can significantly impact your future. State laws governing drug trafficking vary, but they are universally harsh, targeting the distribution and transportation of controlled substances. At Teakell Law, we specialize in defending clients facing drug trafficking charges in state courts, ensuring that every aspect of the case is thoroughly addressed. This page explores the legal consequences of state drug trafficking charges and the defense strategies available to those accused.

What is Drug Trafficking?

Drug trafficking refers to the illegal distribution, sale, and transportation of controlled substances such as cocaine, heroin, methamphetamines, marijuana, and prescription drugs. Unlike simple possession charges, drug trafficking involves larger quantities of drugs, which indicates an intent to sell or distribute, not just personal use.

State laws make a clear distinction between drug possession and trafficking. Typically, the amount of the substance found in a person’s possession is what determines whether they are charged with trafficking. Even if there is no evidence of actual sales, possession of large quantities of drugs can result in a trafficking charge.

Drug Trafficking Laws in State Courts

Drug trafficking laws vary by state, but most states impose severe penalties for these offenses. Many state laws align with federal drug trafficking statutes, ensuring that those caught distributing or moving large amounts of drugs face steep consequences.

In Texas, for example, drug trafficking laws under the Texas Controlled Substances Act are strict, with penalties that can range from several years to life in prison depending on the type and amount of the drug involved. Other states have similar harsh sentencing structures, with penalties increasing for trafficking near schools, public parks, or other protected areas.

Penalties for Drug Trafficking in State Cases

Penalties for drug trafficking in state cases are severe, with mandatory minimum sentences often applied. Some common penalties include:

  • Lengthy Prison Sentences: Depending on the state and the amount of drugs involved, trafficking charges can lead to prison sentences ranging from 3 years to life. The severity of the sentence often depends on the type of drug and whether the trafficking occurred in a protected zone.
  • Heavy Fines: Convictions for drug trafficking can lead to substantial fines, ranging from tens of thousands to hundreds of thousands of dollars.
  • Asset Forfeiture: In many states, those convicted of drug trafficking may face the forfeiture of their personal property, including vehicles, homes, and money believed to be connected to the trafficking operation.
  • Probation and Parole: In some cases, individuals convicted of drug trafficking may receive probation, though this is typically reserved for first-time offenders or minor trafficking offenses. Parole may be offered to those serving long sentences, but it comes with strict supervision and conditions.

Common Defenses Against Drug Trafficking Charges

Facing drug trafficking charges in state court is daunting, but several defense strategies can be employed to fight these allegations:

  • Illegal Search and Seizure: The Fourth Amendment protects against unlawful searches and seizures. If law enforcement conducted an illegal search, any evidence obtained can be suppressed, weakening the prosecution’s case.
  • Lack of Intent to Distribute: A key element of drug trafficking is the intent to distribute. If it can be proven that the defendant did not have the intent to sell or distribute the drugs, this may reduce the charge to possession, which carries lighter penalties.
  • Entrapment: If law enforcement officers induced the defendant into committing a crime they would not have otherwise committed, entrapment can be used as a defense.
  • Insufficient Evidence: If the prosecution cannot provide sufficient evidence linking the defendant to the drugs or proving the intent to distribute, the charges may be reduced or dismissed.

At Teakell Law, we conduct a comprehensive review of each case to determine the best defense strategy based on the unique circumstances involved.

The Impact of Recent Drug Law Changes on Trafficking Cases

Recent changes in drug laws, particularly with the legalization of marijuana in some states, have impacted how drug trafficking cases are prosecuted. In states where marijuana is legal, the thresholds for trafficking charges related to marijuana have changed, though other drugs like cocaine and methamphetamines continue to carry severe penalties.

Additionally, many states are moving toward decriminalization of certain drugs and offering alternatives to incarceration for low-level offenders. However, these changes often do not apply to major trafficking operations. Understanding these legal changes and how they apply to your case is essential for mounting a strong defense.

Why Choose Teakell Law?

Drug trafficking charges are incredibly serious and require skilled legal representation. At Teakell Law, we have extensive experience handling complex state drug trafficking cases, and we are committed to protecting your rights throughout the legal process.

What Does Teakell Law offer?

  • Personalized Defense Strategies: Every case is unique, and we tailor our defense approach to fit the specific facts and circumstances of your situation.
  • Comprehensive Case Analysis: Our team will thoroughly review the evidence, identify any procedural errors, and challenge the prosecution’s case at every step.
  • Aggressive Representation: We fight tirelessly to protect our clients’ rights and secure the best possible outcome, whether through negotiating reduced charges or presenting a strong defense in court.

Contact Teakell Law for Expert Legal Representation

If you or a loved one is facing drug trafficking charges in state court, do not wait. Contact Teakell Law today for expert legal representation. Our experienced attorneys are ready to help you navigate these serious charges and develop a defense strategy designed to protect your freedom and future.

​

Drug Trafficking – Federal Cases

teakelllawcom on July 29, 2015

Drug Trafficking Federal Cases

OVERVIEW OF DRUG TRAFFICKING PROSECUTIONS IN FEDERAL COURT

By John Teakell, Attorney-at-Law

Dallas, TX

I. Introduction

Traditionally, cases prosecuted in federal court were either larger, complex drug trafficking cases, or white-collar crime offenses. This is still true today, although there are a variety of federal offenses prosecuted by the U.S. Attorney’s Offices and the U.S. Department of Justice. Other such cases include public corruption, computer/Internet crimes, weapons offenses, immigration fraud or smuggling, and violations of the Foreign Corrupt Practices Act. Drug trafficking cases with large quantities of controlled substances (illegal drugs) continue to account for a significant percentage of federal cases, and defendants prosecuted federally for drug cases account for a large portion of inmates in federal correctional facilities.

Federal prosecutions differ greatly from most prosecutions in state courts, and this writing highlights those differences, and it outlines the significant issues that a defendant or his attorney will encounter when defending a drug trafficking case in federal court. Many people are aware of the fact that sentences are harsher in federal court, yet they are not familiar with the U.S. Sentencing Guidelines, which provide a “point system” for defendants convicted in federal court. The Sentencing Guidelines calculations are based to a large degree on the quantity for which a defendant is deemed responsible. Also, such drug cases in federal court are more complex due the number of persons involved, the sizeable quantities involved, the length of investigation time, the amount of government resources dedicated to the investigation, and therefore, the discovery evidence that a defendant and his federal counsel are entitled to see upon indictment.

Federal drug cases usually are the result of an investigation that covers a variety of investigative techniques and that produces various evidence. Examples include telephone records, recorded conversations, surveillance, trash “runs,” and sometimes, wire-tap investigations (involving a judge-authorized recording of telephone conversations of targets of the investigation).

Also, conspiracy charges are the norm in federal drug indictments, as there are usually various persons involved in the trafficking of large quantities of illegal substances, and a conspiracy charge allows federal prosecutors to include targets who have a lesser role in the trafficking scheme.

II. Charges and Statutes

a. Drug Charges

Drug trafficking offenses and charges of possession of drugs with intent to distribute are found in Title 21 of the United States Code. Most drug trafficking statutes for federal prosecution are in Title 18 U.S. Code §841, and conspiracy to commit one of these drug offenses is listed in Title 18 U.S. Code §846. Another federal statute used in federal drug prosecutions is using a communication device to facilitate or further a drug trafficking offense, commonly known as a “telephone count.” This communication device offense is located within Title 18, U.S. Code §843.

Often, money laundering charges are included in a federal drug trafficking Indictment, as well as asset forfeiture provisions regarding certain real or personal properties allegedly acquired through proceeds of the sale of illegal drugs.

b. Other Charges Often Used in Federal Drug Trafficking Cases

1.Gun Charges

Weapons charges are very commonly used in drug case Indictments in federal court, usually resulting in additional counts in the Indictment. One such gun charge is based upon handguns, rifles or shotguns that are used or carried during the course of a drug trafficking case. See Title 18 U.S. Code §924(c). This statute allows federal prosecutors to indict on additional charges (thus, potentially making the sentence even more severe) even if the gun is not brandished or pointed at a person. The “924(c)” charge only requires proof that the defendant used or carried the weapon during the drug trafficking felony, which may be based upon having a handgun, shotgun or rifle in the vicinity of the activities.

2. Money Laundering

Money laundering is basically defined as making a transaction with proceeds of a criminal activity when knowing that these proceeds “derive” or originate from, a criminal activity. Classic money laundering was/is accomplished in order to try to conceal the fact that the monies produced were the result of criminal offenses. Thus, money laundering charges are quite common for federal drug trafficking cases, as often the large quantities of controlled substances yield substantial profits from sales, which are invested in real estate or businesses, or are attempted to be hidden in certain bank accounts. The “traditional” money laundering statute found in the federal criminal code is located at 18 U.S. Code §1956.

Actually, pursuant to 18 U.S. Code §1957, just conducting some kind of transaction, where a purchase or simply a transfer into another account, with proceeds known to be from criminal activity, can be prosecuted as money laundering in federal court.

III. Investigations

  • a. Informants/Cooperators
  • b. Searches and Seizures
  • c. Telephone Records
  • d. Trash Runs
  • e. Wire Tap Investigations
  • f. Other Recorded Conversations
  • g. Surveillance
  • h. Transactions
  • i. Drug Ledgers
  • j. Photographs
  • k. Large Amounts of Cash
  • l. Bank records
  • m. Real estate records

IV. Informants

Persons who cooperate with the government in the prosecution of federal drug trafficking cases may be categorized as “informants,” “confidential sources,” or “cooperators.” An informant is a person who may or may not have criminal charges pending, with charges that are pending or a criminal case that is forthcoming against him.

A confidential source is usually a person who provides a one-time debriefing or information on a limited basis. A cooperator is a generic term, but it usually means that the person is cooperating because of a case that is pending and he is trying to obtain a sentence reduction. The cooperator’s assistance may be in the form of providing historical information about the target’s activities and/or in the form of active cooperation. Active cooperation usually means participating in a transaction for illegal drugs with the government’s knowledge and consent, in order to help make cases on the targets.

V. Indictments

An Indictment in federal court is the official charge(s) or allegations against a defendant, and the Indictment may contain one or several charges or “counts” against the person, who is the subject of the case. The federal prosecutor’s office, the United States Attorney’s Office, submits a set of proposed charges against the defendant to a federal grand jury, which must find that there is probable cause before it “returns” an Indictment.

In most every federal drug case, conspiracy is charged, as there are usually two or more persons who are the targets of the investigation. If the U.S. Attorney’s Office believes the evidence will prove that these people acted in concert to distribute controlled substances (illegal drugs), the conspiracy charge will be utilized. The conspiracy charge is often used to try to obtain convictions of those who were minor participants.

VI. Conspiracy

  • a. Agreement Between Two (2) or More Persons to Commit an Illegal Act
  • b. Used Almost 100% of the Time in Federal Cases
  • c. Can Be Responsible for the Acts of Co-Conspirators
  • d. Can Be Convicted Even if You Committed No Overt Acts
  • e. Defendant May Not Know Others in the Alleged Conspiracy

VII. Pre-Indictment Representation

If a person learns that he or she is the target of a federal drug investigation, then he or she needs to obtain experienced representation so the attorney can discuss the status of the investigation and evidence. Contact with the U.S. Attorney’s Office on behalf of the client/defendant may prevent the target/defendant from being arrested without notice, and contact with the U.S. Attorney’s Office will let the client/defendant learn the focus of the federal drug investigation and the U.S. Attorney’s belief of this person’s role in the conspiracy or offense.

VIII. Detention Versus Bond

a. Detained in Federal System if Flight Risk or Danger to Community

1) Danger to community can be the concern that a defendant may return to drug trafficking while on conditions of release;

2) Risk of flight can be neutralized by presenting evidence of “ties to the community” including family, employment, and residence.

b. Federal Statute Makes a Presumption in Drug Trafficking Cases That a Defendant Should Be Detained Without a Bond

1) This presumption can be rebutted with evidence that the defendant is not a danger to the community or a flight risk;

2) Many defendants are detained without a bond in federal drug trafficking cases.

c. The federal detention statutes are found at Title 18, U.S. Code, §3142.

IX. Federal Court System

See Federal Criminal Process on this site for an explanation of the federal court system as it relates to criminal cases.

X. Cooperation

Cooperation is “built in” to the federal system in the sense that cooperating defendants can indeed be rewarded for substantial cooperation in the form of a reduced sentence. Persons who cooperate will work toward any of these motions filed by the federal prosecutor’s office (U.S. Attorney’s Office): Downward Departure Motion, Motion for a Variance, or a Motion for Sentence Reduction.

Cooperation in federal criminal cases focuses on 1) testifying against those charged in the cooperator’s Indictment; 2) testifying against those in other Indictments; and/or 3) providing information or active cooperation to create a new investigation or Indictment against another person(s).

Defendants who want to attempt to cooperate to lessen their sentences will usually meet with the U.S. Attorney’s Office with their attorney, whether prior to indictment or after, to provide their information for the U.S. Attorney’s Office and the case agents to evaluate the usefulness of that information. Providing this information to the government is referred to as a “proffer.”

If it appears that the U.S. Attorney agrees that this information will assist the United States in its prosecutions, then the government will go forward and use the information and/or have the cooperating defendant actively cooperate.

If the defendant substantially cooperates, then the U.S. Attorney will eventually file a motion to lower the defendant’s sentence. This is either the Downward Departure Motion, or a Motion for a Variance, which asks the court to vary from the U.S. Sentencing Guidelines recommended range of punishment.

XI. Sentencing

Unlike State court cases, sentencing in federal cases is more of a formal process that requires the judge to pass sentence. There is no traditional plea-bargaining that exists in State court, i.e., no negotiations for probation or the minimum time to serve. Instead, there is a “point system” based upon the quantity of illegal drugs for which the defendant is responsible, as well as other enhancements that add points. These other enhancements commonly are: 1) use of or carrying a weapon, and 2) organizer/leader/manager of a group of persons.

These sentencing guidelines and the recommendations are found in the U.S. Sentencing Guidelines Manual. The points are determined by the court and points are deducted for pleading guilty and accepting responsibility. The net offense level is determined and the grid for recommended imprisonment is found at the Sentencing Table, which has ranges in imprisonment listed in months, such as 87 – 108 months incarceration.

XII. Sentence Reduction

If the United States Attorney moves the court to lower the sentence of a defendant for substantial cooperation, the court will most likely grant the motion. Then the question becomes how much of a reduction will the court make.

The court can vary from the recommended U.S. Sentencing Guidelines range by motion of either party or on its own.

Also, if a defendant cooperated substantially, but that cooperation did not produce results (new investigations or indictments) until after the cooperator was sentenced, then the United States Attorney can then file a Motion for Sentence Reduction. The judge will then bring the defendant back to court to re-sentence the defendant based upon the cooperation. A sentence reduction motion functions like a Downward Departure motion, only it is filed and addressed after-the-fact. A sentence reduction motion is governed by Rule 35 of the Federal Rules of Criminal Procedure.

​

Facing Drug Possession Charges? Here’s What You Need to Know

teakelllawcom on July 29, 2015

Drug possession is one of the most common criminal charges, but it can have life-altering consequences if not handled properly. Whether you’re facing charges for a small amount of marijuana or a larger quantity of controlled substances, it’s essential to understand the legal framework surrounding drug possession laws and the defenses available. At Teakell Law, we specialize in defending clients against drug possession charges and providing strong legal strategies that protect your rights. 

This page will explore the types of drug possession charges, potential penalties, and how Teakell Law can assist in building a solid defense.

Understanding Drug Possession Laws

Drug possession laws vary widely between states and at the federal level, but the underlying principle remains the same: possessing illegal drugs without a valid prescription is a criminal offense. The seriousness of a drug possession charge largely depends on the type and quantity of the substance, as well as whether it’s classified as a misdemeanor or felony offense.

Common Controlled Substances in Drug Possession Cases Include:

  • Marijuana
  • Cocaine
  • Methamphetamines
  • Heroin
  • Prescription drugs without a valid prescription (e.g., oxycodone or Adderall)

Drug possession charges can also be elevated if there is evidence of intent to distribute or if large quantities are involved. For more information on drug trafficking or distribution charges, visit our page on drug trafficking defenses.

Penalties for Drug Possession

The penalties for drug possession can range from minor fines and probation to years of imprisonment, depending on various factors. These include the type and quantity of the drug, the defendant’s criminal history, and whether any aggravating circumstances are present (e.g., possession in a school zone or near a public park).

Common Penalties Include:

  • Fines: Even for first-time offenders, fines can range from hundreds to thousands of dollars.
  • Imprisonment: Misdemeanor possession can lead to up to one year in jail, while felony charges can carry prison sentences of several years.
  • Probation: Many first-time offenders may be eligible for probation or drug treatment programs as part of a plea agreement, especially if the drug involved is marijuana or a lower-level substance.
  • Driver’s License Suspension: Some states impose mandatory driver’s license suspensions for drug possession convictions, even if the drug was not found in a vehicle.

If you’re facing severe penalties, our team at Teakell Law is here to help you explore options that may reduce your sentence or avoid conviction. Learn more about how we handle state drug offenses.

Federal vs. State Drug Possession Charges

In most cases, drug possession charges are prosecuted at the state level. However, certain circumstances can escalate a possession charge to a federal case, which typically carries harsher penalties. Federal drug possession charges may apply if:

  • The drugs were found on federal property (e.g., national parks or government buildings).
  • The possession occurred across state lines or involved drug trafficking activities.
  • The controlled substances were part of a larger federal investigation.

Understanding the difference between state and federal drug crimes is essential to building a strong defense. Visit our federal versus state crime to learn more.

Defending Against Drug Possession Charges

Defending against drug possession charges requires a thorough understanding of both the law and the specifics of your case. At Teakell Law, we craft personalized defense strategies to ensure the best possible outcome. Some common defense strategies include:

  • Illegal Search and Seizure: If law enforcement obtained the evidence through an illegal search, it may be possible to have the evidence suppressed, which can lead to the dismissal of your case.
  • Lack of Possession: In many cases, a defendant may be charged with drug possession even if the drugs were not physically on them. Establishing that the drugs were not in the defendant’s control can be an effective defense.
  • Medical Necessity: In some cases, a valid medical prescription may provide a defense for the possession of controlled substances, particularly in states where medical marijuana is legal.
  • First-Time Offender Programs: Many states offer diversion or drug treatment programs for first-time offenders, allowing them to avoid a criminal conviction.

For more detailed information on legal defenses, check out our drug crime defense strategies.

The Impact of Drug Possession Charges on Your Future

A conviction for drug possession can have long-lasting effects beyond just legal penalties. A criminal record for drug possession may affect:

  • Employment: Many employers conduct background checks, and a conviction can limit job opportunities.
  • Housing: Certain housing applications require disclosure of criminal convictions, which could lead to a denial.
  • Education: Some scholarships and financial aid programs may be revoked if a student is convicted of drug possession.

It’s crucial to have strong legal representation to minimize these long-term consequences. Visit our criminal record expungement page to learn more about clearing your record after a conviction.

Why Choose Teakell Law?

At Teakell Law, we understand how overwhelming drug possession charges can be, especially if you’re a first-time offender. Our legal team is committed to providing personalized and aggressive defense strategies tailored to your case.

What We Offer:

  • Comprehensive Case Analysis: We examine every detail, from the circumstances of your arrest to how evidence was obtained, to ensure your rights are protected.
  • Experienced Representation: We have extensive experience defending clients in both state and federal courts, providing strategic guidance throughout the legal process.
  • Tailored Legal Strategies: Every case is different, and we design our defense approach based on the unique facts and circumstances of your situation.

Contact Teakell Law Today

If you or a loved one is facing drug possession charges, it’s essential to act quickly. Contact Teakell Law today to schedule a consultation and discuss how we can help you fight these charges. Our experienced attorneys are ready to protect your rights and secure the best possible outcome for your case.

​

Unauthorized Access

teakelllawcom on July 29, 2015

The Computer Fraud Abuse Act (CFAA) is codified as Title 18 U.S.C Section 1030(a), and it lists offenses for federally-prosecuted computer crimes, with the common charges being Unauthorized Access to a Computer and Exceeding Authorization to a Computer. The allegations of accessing a computer without authorization can contain different variations within the charges. These include: (1) with the intent to harm the United States or for the benefit of a foreign country; (2) to obtain protected financial or credit information; (3) with intent to defraud; (4) to intentionally damage a computer; and (5) accessing a computer that is exclusively for government use.

An Indictment (formal charge) can be brought against someone also for exceeding the authorization a person has been given for the subject computer or computer network. That is, even though a person was authorized to access information in the computer system, he/they may be restricted from accessing sensitive information or certain financial data, and thus, they were not given authorization to access that information or certain files, even though the person being investigated or prosecuted may have been given general authorization and a log-in and password to access the computer/computer system.

An Indictment with the allegation of exceeding one’s authorization can be a specific allegation based upon the facts of the particular case, and it can contain the variations of alleged intentions of the defendant as listed in the first paragraph above, from 18 U.S. Code §1030.

Computer Fraud Charges

An offense of Unauthorized Access to a Computer, or Exceeding Access to a Computer would naturally be charged as such pursuant to 18 U.S. Code, Section 1030, although in theory it could be prosecuted also as a Conspiracy to Commit Fraud, or Wire Fraud, also.

Practical Aspects of Prosecution

People are prosecuted in federal court by the U.S. Attorney’s Office for Unauthorized Access to a Computer, and for Exceeding Authorized Access to a Computer, when a person accesses sensitive information, financial data, confidential company information, etc., when they are not given the authority to obtain or use this information. Also, hackers into a computer network who obtain these types of information are also prosecuted under this federal statute.

Statutes for Computer Fraud Violations

Part of the statute, 18 U.S. Code, §1030, used to prosecute access to computer violations in federal court, are listed here:

(a) Whoever—

(1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;
(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains—

(A) information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602(n) of title 15, or contained in a file of a consumer reporting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);

(B) information from any department or agency of the United States; or

(C) information from any protected computer;

(3) intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States;

(4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;

(5)

(A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

(B) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or

(C) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage and loss.

V. Similar State Statute

A similar Texas state charge for unauthorized access to a computer, or exceeding one’s authorized access to a computer, is found in Title 7, Chapter 33 of the Texas Penal Code, titled “Computer Crimes.” Specifically, the similar charge as the federal statutes is Breach of Computer Security, §33.02 of Title 7, Texas Penal Code. This statute reads:

(a) A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.

(b) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a state jail felony if:

(1) the defendant has been previously convicted two or more times of an offense under this chapter; or

(2) the computer, computer network, or computer system is owned by the government or a critical infrastructure facility.

(b-1) A person commits an offense if with the intent to defraud or harm another or alter, damage, or delete property, the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.

(b-2) An offense under Subsection (b-1) is:

(1) a state jail felony if the aggregate amount involved is less than $20,000;

(2) a felony of the third degree if the aggregate amount involved is $20,000 or more but less than $100,000;

(3) a felony of the second degree if:

(A) the aggregate amount involved is $100,000 or more but less than $200,000;

(B) the aggregate amount involved is any amount less than $200,000 and the computer, computer network, or computer system is owned by the government or a critical infrastructure facility; or

(C) the actor obtains the identifying information of another by accessing only one computer, computer network, or computer system; or

(4) a felony of the first degree if:

(A) the aggregate amount involved is $200,000 or more; or

(B) the actor obtains the identifying information of another by accessing more than one computer, computer network, or computer system.

(c) When benefits are obtained, a victim is defrauded or harmed, or property is altered, damaged, or deleted in violation of this section, whether or not in a single incident, the conduct may be considered as one offense and the value of the benefits obtained and of the losses incurred because of the fraud, harm, or alteration, damage, or deletion of property may be aggregated in determining the grade of the offense.

(d) A person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections.

(e) It is a defense to prosecution under this section that the person acted with the intent to facilitate a lawful seizure or search of, or lawful access to, a computer, computer network, or computer system for a legitimate law enforcement purpose

​

Transmitting a Malicious Code

teakelllawcom on July 29, 2015

TRANSMITTING MALICIOUS CODES AND HACKING COMPUTERS IN VIOLATION OF FEDERAL LAW

By John Teakell
Attorney-at-Law
Dallas, Texas

What is transmission of malicious code 0r hacking?

The Computer Fraud Abuse Act (CFAA) is codified as Title 18 U.S.C Section 1030(a), which includes several offenses for alleged computer crimes. These are: (1) unauthorized access of a computer to obtain national security information with the intent to harm the United States or for the benefit of a foreign country; (2) unauthorized access of a computer to obtain protected financial or credit information; (3) unauthorized access of a computer in use by the federal government; (4) unauthorized access of a protected computer with intent to defraud; (5) intentionally damaging a computer; (6) fraudulent trafficking in computer passwords and other information used to gain access to a protected computer; and (7) threatening a computer with the intent of extorting money or something of value.

A case of transmitting a malicious code to cause damage to a computer is prosecuted in federal court as a felony offense. Like all criminal cases, the United States has to prove knowing/willful intent to violate the law. It is a form of “hacking” into a computer in order to cause damage or to obtain information without authorization to do so.

These investigations can be time-consuming and they will focus on the activities shown on a server or computer network, often for a company or firm that is victimized. These cases may involve remote access to a system by a person who does or attempts to transmit a code that causes damage to a computer or computers. These cases can be investigated by a variety of agencies, and they prosecuted by the United States Attorney’s Office, the federal prosecutor’s office.

Charges for hacking

An offense of transmitting a malicious code, or submitting a virus or code to damage a computer system, could be prosecuted in federal court as Wire Fraud, 18 U.S. Code, Section 1343. It likely would be prosecuted as a violation of the CFAA, found at Title 18, U.S.C. Section 1030(a)(5)(A).

Investigations

Investigations will have documents and other evidence that includes computer logs, emails, work orders, password access, internal security measures, and modifications to computers.

Sentencing

A person convicted of transmitting a malicious code, or other computer crime charges in federal courts, will be subject to the U.S. Sentencing Guidelines, as is case for any federal prosecution. These sentencings are affected by the U.S. Sentencing Guidelines, which yields a recommended imprisonment range that the U.S. District Judge can follow or reject. If the judge wants to vary or depart from the recommended sentencing range of imprisonment, he/she can do so with an articulated reason for not sentencing within the recommended range of punishment.

​

Promotion of Child Images

teakelllawcom on July 29, 2015

Promotion of Child Images is a punishable offense both by the state and the Federal law. As a matter of fact child pornography laws protect children from exploitation in visual materials depicting sexual conduct. Child pornography law thus criminalizes the promotion and the production of child pornography. So; what’s child pornography anyway? As defined by law, when an individual circulates pornographic photos, videos, films or any porno graphic content involving the minors then he is charged against promotion of child images or possession of child pornography.

Suspects for Child pornography may face State and Federal Charges. Criminal defense attorney John. R. Teakell understands the gravity of these charges. With a solid background in computer forensics and the defense of federal charges, he advises and represents people facing allegations of child pornography.

The state law prosecutes individuals who are found to control, view child pornography, even if they do all these from the privacy of their home. Simply put; the state prosecutes offenses regarding promotion of child pornography and such activities include –

  • Directing
  • Filming
  • Recording
  • And production of any kind of sexual performance by a minor

The Federal as well as the state internet law also criminalizes the promotion of child pornography. It is thus a punishable crime to

  • Share
  • Lend
  • gives away
  • Or sell such prohibited visual materials

Furthermore; the state prosecutor may also charge a defendant with the promotion of child pornography if and when the individual is found in possession of multiple copies of sexual performance involving minors or a minor. In such instances the state prosecutor uses the copies of sexual performance as typically the evidence of the defendant’s intent to sell or distribute the illegal materials to people.

It makes sense to mention here that Child pornography law also criminalize

  • Viewing
  • Possessing
  • Or control of such visual material where it clearly depicts the minor engaged in some kind of sexual conduct

The state prosecutor may charge the defendant with serious child pornography allegations for

  • viewing photos
  • computer images
  • videos
  • films
  • and other contents involving children performing sexual acts

If you are convicted of a child pornography crime, you will face a lengthy prison sentence, fines and last but not the least a lifetime sex offense registry. Needless to say; this will dictate your personal and professional life. Keep in mind; the severity of your sentence however depends clearly on the evidence found and in cased the number of images and videos that are found on your computer. Of course; it is imperative that you retain an experienced and only the best criminal defense attorney in Dallas who will investigate the charge against you, help you in protecting your rights and make sure that the law enforcement department and the prosecuting attorneys are upholding the law. John R. Teakell is a former federal prosecutor and experienced internet crime lawyer who puts his knowledge, skills and dedication to work for clients whose lives are in danger of being devastated by a criminal conviction.

Consequences of child pornography charge

For each offense based on the viewing, control, or possession of child pornography, the state laws allow the prosecutor to pursue a THIRD DEGREE felony charge. It carries a potential prison sentence of between 2 and 10 years, a fine $10,000 fine or both. Remember, the charges could get severe and the penalties might increase based on the amount (quantity) of the content possessed by the defendant

If a person is found in possession of six or more identical depictions of a minor, he is charged with the intent of promoting child pornography. This charge is considered a SECOND-DEGREE felony. It carries a penalty of potential prison sentence between 2 and 20 years, a fine of up to $10,000 or both.

Illegal videotaping or illegal photographing a minor is considered a STATE JAIL FELONY. It can result in jail sentence ranging from 180 days to 2 years, a fine up to $10,000 or both.

Sexual performance by a minor is considered as SECOND-DEGREE felony, and is punishable by between 2 to 20 years imprisonment, a fine up to $10,000 or both. According to the criminal defense attorney in Dallas it can be upgraded to a FIRST-DEGREE FELONY if it can be proved that the victim was under 14 years at the time of the offense. First degree felony carries a punishment between 5 and 99 years in prison, a fine up to $10,000 or both.

Employing a child less than 18 years for sexual performance is a SECOND DEGREE felony, and it carries a sentence of 2 to 20 years in the prison, a fine of $10,000. Here also; it can be to a FIRST DEGREE FELONY, and may involve a sentence of 5 to 99 years in prison, a fine of no more than $10,000 or both if in case it can be proved that the victim was less than 14 years at the time of the crime.

How John R. Teakell the criminal defense attorney in Dallas can help

There is no hiding from the fact that possession of Child Pornography and Promotion of Child Pornography charges are best handled by an Internet Crime Attorney in Dallas, who is especially competent in this difficult area it demands aggressive criminal prosecution at the crossroads of digital technology. If in case you or your loved one is charged with possession of child pornography or promotion of child pornography, the skilled child pornography lawyer can make a huge difference in your criminal defense. Teakell understands how overwhelming this situation is for his clients. He works closely with his clients while maintaining an open and clear level of communication to pursue the best outcome possible, regardless of the complexity of the case.

It also makes sense to mention here that in many cases his clients have never before been charged with a crime. Mostly are honorable citizens who have been unfortunately and incidentally caught in the crosshairs of often a larger investigation.The Law Office of John R. Teakell has successfully coordinated and completed defenses of people who had been charged with Internet crimes.

The prosecution must prove that the defendant did, in fact, commit the crime as charged. John R. Teakell has a wealth of experience defending people accused of internet crimes. He will work to find weaknesses in the government’s case and compel them to prove every element of the charge. Contact Attorney Teakell to protect your future.

​

Possession of Child Images

teakelllawcom on July 29, 2015

Internet sex crimes have become more serious in this technology driven society. According to the Internet Watch Foundation a number of 1,536 ‘child sexual abuse’ domains on the Internet of which 58% were housed in the United States and the number is constantly rising. Records suggest that Child pornography stands as a $3 billion annual industry and sadly it keeps on growing with its’ demand. The vast majority of child pornography cases involve the images found on computer hard drives. Child pornography law criminalizes the receipt of child images, possession, promotion and the production of child pornography.

The Federal law and the Texas state law prohibit the –

  • Use
  • Promotion
  • Exploitation of children (under age of 18)

The law prohibits the exploitation of children under the age of 18 for –

  • Performance of sexual acts
  • Employment for conduct of sexual acts
  • Depictions of acts of a sexual nature

This means it is punishable to

  • Possess
  • Promote
  • Create
  • Distribute materials that demonstrate any of these illegal acts

According to the criminal defense attorney in Dallas intentional possession of child pornography is a crime and is a Third degree Felony. This means; if an individual is found with 6 or more identical visual depictions of child pornography, then the state and Federal law presumes that he has the intention of distributing the material.

Possession of child pornography thus violates both state and Federal law. Alongside the local law enforcement the child pornography cases are also investigated by the

  • Federal Bureau of Investigation,
  • Texas Office of the Attorney General
  • Immigration and Customs Enforcement
  • United States Postal Inspectors and other agencies depending on how the images were discovered

Keep in mind; the child pornography possession with intention to distribute is raised to a second degree felony.

It is also important to mention here that the consent of a parent or legal guardian of a minor to engage in sexual performance is also a punishable crime by the state law.

Of course; child pornography conviction can have a direct and unpleasant influence on your social life, career and family so if you are charged with child pornography, it is important that you talk to a criminal defense attorney to protect your future.

Keep in mind; the defenses to child pornography charges include lack of intent, mistake of fact, entrapment and lack of knowledge and only an experienced attorney, specialized in internet sex crimecan help you. Reckoned as the best criminal defense attorney in Dallas, John R. Teakell has successfully coordinated and completed defenses of people who had been charged with such crimes.

Consequences
of Possession of Child Images

Possession of child pornography is a serious sex crime and falls under child pornography law. However, there are also a number of other crimes associated with child pornography and this involves those who are associated with producing and distributing it. Yes; all can have serious consequences.

The Penal Code defines the term “possession” as “actual care, custody, control or management.” This means under Texas law an individual commits the offense of possession of child pornography if he intentionally and knowingly possesses any sort of visual material that depicts a minor (less than 18 years) to be engaged in sexual conduct.

According to Texas Penal Code § 21.15 – it is illegal to

  • Photograph
  • Videotape
  • Record
  • broadcast
  • transmit any such visual image of a child to sexually gratify others

This includes even videoing a child while in a bathroom or even in the trial room of any department store

As briefed earlier; possession of child pornography is a THIRD-DEGREE FELONY. It carries a prison sentence of 2 – 10 years, a fine of $10,000 fine or both. The charged can be increased based on the amount of content possessed.

If an individual is found in the possession of 6 or more identical content he can be charged with the intent to promote child pornography. This is a SECOND-DEGREE FELONY. It is punishable by 2 – 20 years of imprisonment, a fine of $10,000 or both.

Illegal videoing a child minor is considered a state jail felony. It carries jail sentence ranging from 180 days – 2 years, a fine of $10,000 or both.

How John. R. Teakell the criminal defense attorney in Dallas can help

Remember; online solicitations of a minor, Child pornography as well as criminal solicitation of a minor are similar offenses with a number of overlapping issues and defenses as well. Quite ideally therefore; there’s hardly any one cut all formula when it comes to such criminal defense. John R Teakell puts his knowledge, skills and dedication to work for clients who are devastated by a criminal conviction.He has a focused background in criminal and securities law and has knowledge of the state and federal court systems. Experienced criminal defense lawyer, Teakell thus effectively answers his client’s questions and concerns.

When charged with child pornography therefore the first thing to do is to get a skilled criminal defense lawyer as early as possible. John. R. Teakell has a focused criminal law and securities background with over 20 years of court room experience. He has a thorough knowledge of both federal and state crimes and both federal and state court systems.

For effective criminal defense in Dallas he will investigate your case factually for preparing a defense. Needless to say it is significant to determine the reason why the child has accused the individual. He has handled thousands of cases ranging from misdemeanors to federal death penalty cases.

In today’s internet child pornography cases involve evidentiary issues and sophisticated technological details. As the best criminal defense attorney in Dallas, Teakell focuses on the fact that whether or not the alleged illegal are in violation of the constitutional rights of the accused. His examination of the computer’s drive by a forensic expert often uncovers that the images are intentionally placed on the drive by somebody else.

Teakell has wealth of experience handling cases of this kind and is an expert in examining all the evidence to find a weakness in the prosecutor’s case.

In some rare cases where the evidence is too strong to justify the risk of trial as a successful criminal defense attorney, Teakell works on the facts to serve you best in the sentencing phase. Stay assured, the man of integrity – John. R. Teakell will use his experience and knowledge to fight in your defense. Outsource your worries, talk to Teakell now

​

Online Solicitation

teakelllawcom on July 29, 2015

Online
Solicitation Charges and Internet Sex Crimes

In most of the cases people think whatever they do in cyberspace stays there. However quite contrary to this popular belief technology has made tracking of downloading illegal material and other online sex crimes transparent to the search engines, to the federal authorities, and even to the local police. Online solicitation charges thus range from downloading child pornography to illegal online prostitution, from unlawful Internet downloads to online stalking and harassment and participation in internet prostitution or other sex crimes.

A number of online solicitation charges come from Police Stings. Needless to say; it’s a serious crime. In most of the cases people do not even realize that he can be charged with internet solicitation even if they haven’t contacted an actual child or committed any internet sex crime. This is because a substantial proportion of online solicitation charges in the area thus come as a result of undercover police sting operations.

Please note; the approved entrapment rules do apply to online stings as well. These include –

  • The
    enforcement officer will not initiate sexual conversations
  • The
    enforcement officer will not propose any sexual activity
  • The
    enforcement officer will not improperly induce a suspect to commit a
    crime

Suspects for online solicitation may face State and Federal Charges. Criminal defense attorney, John. R. Teakell understands the gravity of these charges. With a solid background in computer forensics and the defense of federal charges, he advises and represents people facing allegations ranging from downloading child pornography, illegal online prostitution to other online sex crimes.

Reasons and Consequences for Online solicitation charges and internet sex crimes

Online solicitation is both a state and a federal crime. Internet sex crime charges involve the following:

  • Downloading
    Illegal/Child Pornography
  • Online
    Solicitation of a Minor
  • Downloading
    and Illegal File Sharing Charges
  • Illegal
    Internet downloads, usually involving child porn
  • Online
    stalking and harassment
  • Participation
    in Internet prostitution or other sex crimes

It is also pertinent to mention here that online solicitation of a minor is both a state and a federal crime. Under the federal law, using the internet for illegal prostitution and for enticing a minor to engage in sexual activity is a felony. It is a punishable crime and the punishment may range from a minimum of ten years in prison to a maximum punishment of life imprisonment.

Keep in mind; the penalties are even higher if the adult creates child pornography.

Using the internet for sending sexually explicit material is also a federal felony, punishable by up to ten years imprisonment.

The law regarding internet sex crimes are quite complex and one needs an experienced lawyer for effective representation. The experienced Dallas criminal lawyer brings a strong background in defense of computer crime and Internet offenses to every case he handles.

How John. R. Teakell the criminal defense attorney in Dallas can help

The statutory scheme for the crime of online solicitation defines the term “sexually explicit” to mean “any communication, language, material, video image or photography that describes or relates to illegal sexual conduct”. In this web world with improved technology it is nothing impossible to track downloading illegal material and other online sex crimes. These cases are complex

In fact certain cases may involve potentially illegal searches of the client’s mail accounts, computer hard drives, and home. Successful and effective defense however depend on the quality and quantity of discovery that he can compel in the case.

Of course; it demands thorough knowledge of the search and seizure laws, computer knowledge for conducting direct and cross-examination. Criminal defense in Dallas is his forte and John R. Teakell is a former federal prosecutor and experienced defense lawyer who puts his knowledge, skills and dedication to work for clients whose lives are in danger of being devastated by a criminal conviction.

His defense usually starts with a forensic examination of the evidence against you. He evaluates the government’s ability in proving specific intent either through the circumstances of your online behavior or through the evidence found in the downloaded or recorded material. Fret not; reckoned as the best criminal defense attorney he will leave no stone unturned to work toward dismissal or reduction of the charges. The prosecution must prove that the defendant did, in fact, commit the crime as charged. When multiple people have access to a computer, positive ID of the perpetrator may be difficult to verify.

In cases where the evidence is too strong to justify the risk of trial Teakell works on the facts that will serve you best in the sentencing phase.

His experience with sentence mitigation in both federal and state courts can strike the difference to the outcome of your case.

He has a wealth of experience in representing clients charged with this serious offense of online solicitation and internet sex crimes. Talk to him to protect your future.

​

Conspiracy To Commit Fraud

teakelllawcom on July 29, 2015

A Frequent Charge Used In Federal White­‐Collar Cases

John Teakell
Law Office Of John R. Teakell
DALLAS, TX

I. Introduction

A conspiracy is defined as an agreement between two or more persons to commit an illegal act, with at least one conspirator attempting to commit an overt act that would further the object of conspiracy. The use of the conspiracy charge is much more common in federal court, as a lesser participant in a fraud scheme can be held criminally liable if there is less direct evidence of his/her involvement.

II. Federal Conspiracy For Fraud

The federal statute conspiracy statute specifically alleging fraud, that is, material misrepresentations of fact, is found in Title 18, specifically 18 U.S. Code §1349, Conspiracy to Commit Fraud. This statute provides three different underlying federal offenses as the object of the conspiracy. These underlying offenses/allegations in §1349 are:

  1. Bank Fraud, 18 U.S. Code §1344;
  2. Mail Fraud, 18 U.S. Code §1341; and
  3. Wire Fraud, 18 U.S. Code §1343.

Their respective statue of limitations is dependent upon the underlying fraud allegation statute, that is, these fraud states listed here. Bank Fraud has a statute of ten (10) years, which would then increase the statute of limitations under §1349 to ten (10) years, while Mail Fraud and Wire Fraud conspiracies alleged under §1349 are five (5) years for statute of limitations, because Mail Fraud and Wire Fraud have the five (5) years as a statute of limitations.

III. Traditional Conspiracy Charge

The Conspiracy practice area listed in this website lists the “traditional” or original conspiracy, charge used for drug trafficking cases and a variety of federal cases. It is found at Title 18, U.S. Code §371, and it can be used for all types of crimes where the prosecutor believes that there is evidence of a conspiracy.