April 9, 2018 – Law Office of John R. Teakell

Gun Restrictions: How You Can Get Into Trouble

teakelllawcom on April 9, 2018

Gun restrictions in Texas are less stringent than in other parts of the U.S., but the Lone Star State does follow federal law, so it’s not exactly the Wild West.

While gun owners can breathe a sigh of relief when living or traveling through our region, they do have to be mindful of the limitations.

In the following article, we’ll be talking about some of the biggies as well as some of the restrictions you might not be aware of. Let’s begin!

The Biggest Gun Restrictions

You must have a license to carry a handgun, and certain individuals are not capable of meeting the requirement. For example, if you are under the age of 21, you can receive a gun; you can own it; but you cannot carry it with you anywhere because “shall-issue” license eligibility does not start until you’ve reached that milestone.

On the flip side, felons cannot own or carry a gun. Fugitives from the law may not carry one either. The difference, of course, is that a fugitive could be proven innocent in which case they will retain all of their rights, but only after they’ve been cleared.

Additionally, individuals who are “chemically dependent,” as per Texas Government Code – Section 411.172, or are “incapable of exercising sound judgment” may not. The “sound judgment” stipulation applies to both the use and storage of the weapon. Someone who lacks sound judgment may include:

Schizophrenia or delusional disorder;
Bipolar disorder;
Chronic dementia, whether caused by illness, brain defect, or brain injury;
Dissociative identity disorder;
Intermittent explosive disorder; or
Antisocial personality disorder

Licensure is not available to those owing delinquent taxes or child support as well. You also may not be able to openly carry a weapon if it can be determined your intent is to “cause alarm,” and while school restrictions are subject to legislative review, they do have some ability to set up gun-free zones.

What Happens with a Violation?

Violation of gun restrictions can result in fines or imprisonment of varying degrees. The more severe sentences are reserved for felons, and a gun violation may be used for enhanced sentencing purposes.

If you have been arrested and charged for breaking one of the gun restrictions mentioned above, then your first move should be to find experienced representation. Dallas-based criminal defense attorney John Teakell has defended many clients over the years on firearms-related charges.

He has knowledge of how prosecutors and federal law works as well — especially relevant with gun-related charges. Reach out for a free consultation today.

Drug Trafficking: Your 5 Best Defenses to Avoid Jail Time

teakelllawcom on April 9, 2018

The Texas Health and Safety Code provides guidance for dealing with drug trafficking infractions, and as is often the case, fallout depends largely on the amount of drugs involved and any connected crimes that occur as a result.

To get a drug trafficking conviction, the prosecution must prove the defendant knowingly delivered an illegal substance as dictated by the Texas Controlled Substances Act. The four main groups are as follows:

Penalty Group I: cocaine, heroin, ketamine, oxycodone, hydrocodone (more than 300 mg), or methamphetamine.
Penalty Group II: ecstasy, MDMA, phencyclidine, THC oil, marinol, psilocybin, and mushrooms.
Penalty Group III: anabolic steroids, hydrocodone (under 300 mg), lorazepam, ritalin, valium, and xanax.
Penalty Group IV: Mixtures/compounds with trace codeine amounts or small quantities of opium.

What a Drug Trafficking Conviction Means

Drug trafficking in small amounts can bring light penalties (six months to two years in state jail), with or without an accompanying fine. Larger quantities (400 grams or more) will be punished severely. Some cases have resulted in 15-99-year prison sentences and up to $250,000 in fines.

If you’re accused of drug trafficking, you have five core defenses to consider.

1. Lack of Knowledge

Ignorance of the law is no excuse, but it can reduce severity in the eyes of judge and jury. If you did not know you were trafficking drugs and the prosecution cannot prove you were, then you are positioned well against any case that might be brought against you.

2. Duress

Doing something under duress means you are doing it because you feel threatened or coerced out of fear for your own safety or the safety of loved ones. For example, a drug cartel threatens your family if you don’t do what they wish.

3. Not for Human Consumption

Yes, you were carrying the substance, but there was another (legal) purpose behind it — delivering to a pain clinic, for example.

4. Mistake of Fact

The mistake of fact defense shows that you were under the assumption the substance you were trafficking was something other than what it turned out to be. That case of Sweet ‘N Low turns out to be some cleverly disguised cocaine, for example.

5. The Drugs Aren’t Yours

You’re riding in a relative’s car. They get pulled over. A search turns up a stash of illegal drugs. Prosecutors must prove you had knowledge and possession of the drugs to pursue charges. Claiming the drugs did not belong to you and that you had no knowledge (see defense number one) can be effective.

Brought into a drug trafficking case? Know your rights, and don’t delay seeking appropriate legal representation. Dallas-based attorney John Teakell has more than three decades of experience building legal strategies for defendants in these types of cases, and he’s eager to help. Contact his office for a free consultation.

In Texas, What Happens If You Carry A Gun Without a License?

teakelllawcom on April 9, 2018

Gun laws can vary from state to state, so the simple act of figuring out whether you’re breaking the law can be a confusing one.

Texas has some of the more lenient laws, but that doesn’t mean it’s free from restrictions. To grasp what those restrictions are, let’s first look at the difference between the two major forms of licensure.

LTC vs. CCW

LTC is the short form for “license-to-carry.” According to the Texas Department of Public Safety, “Applicants must be at least 21 years of age (unless active duty military) and must meet Federal qualifications to purchase a handgun.”

Factors that may make one ineligible:

Felony convictions
Some misdemeanor convictions, including charges resulting in probation or deferred adjudication;
Certain pending criminal charges;
Chemical or alcohol dependency;
Certain types of psychological diagnoses; and
Protective or restraining orders

With a CCW permit, you are licensed for concealed carry (i.e., you do not have to disclose the weapon is actually on your person).

Same rules for eligibility apply.

Carrying a Gun Without a License

Texas has established the LTC and CCW as a means of allowing their citizens to openly carry firearms. But “license” is the keyword here. You cannot carry a firearm with you anywhere and everywhere that you go (Texas Pen. Code § 46.035).

If you do carry a gun without a license, it must meet a specific criteria. The only way you can openly carry is if the gun is in your vehicle or watercraft or the vehicle or watercraft is under your control, and there are no laws with regard to the carrying of long guns such as rifles and shotguns.

Most Texas laws, especially those since 2015, favor more rights for LTC/CCW gun owners, to the point that even school districts may not prohibit the carrying of a firearm provided the carrier is licensed to do so.

If you’re not licensed to do so, you are committing a violation. The punishment for gun possession violations may include a fine of up to $2,500 and/or one year in jail.

One Final Consideration

While Texas is somewhat lenient on licensed and unlicensed gun owners, it should be noted that Texas licenses are not recognized everywhere you go. In fact, currently, 16 U.S. states do not honor Texas’ CCW/LTC permitting. So keep that in mind when traveling across state lines.

If you do find yourself in need of legal assistance, John Teakell has defended gun cases of all types since 1985. Contact his office today with any questions or concerns or to set up a free consultation.

Computer Hacking: What Happens If You’re Found Guilty?

teakelllawcom on April 9, 2018

Computer hacking and the film Catch Me If You Can are kindred spirits in a sense.

If you’ve never seen the film starring Leonardo DiCaprio and Tom Hanks and directed by Steven Spielberg, then here’s a quick summary.

DiCaprio plays real-life con artist Frank Abagnale. Hanks is the agent trying to catch him. Before Abagnale’s 19th birthday, he was able to successfully pose as a pilot, a doctor, and a prosecutor thanks to his expertise committing check fraud.

Spoiler Alert

Abagnale is eventually arrested, but the FBI is so impressed with his knowledge, they use him to make advancements in check fraud detection. He goes to work for them, in other words.

Some people assume the same is true about computer hacking. They think of it as a low-risk crime because, if you’re good enough, the government will just hire you to do it.

We would strongly advise you not to get your hopes up if you’re considering it. Getting convicted of computer hacking comes with a wide range of punishments, and there are no Hollywood endings for those found guilty.

Examples of Computer Hacking

You could be found guilty of anything from Class A/B misdemeanors to serious felonies (1st-3rd degree) when facing computer hacking charges. Some of the most common infractions:

You break into a computer, computer system, or network without permission.
You hack an electronic voting system.
You hack into a computer with the purpose of committing a more serious crime (minor solicitation) or impersonating another in order to do them harm.

Much of what comes after the conviction wholly depends on the repercussions of your actions. If you hacked a computer to conceal your identity in soliciting a minor for sexual purposes, then prosecutors will add hacking in conjunction with whatever crime you ended up committing or attempting to commit.

The fallout can range from mild (six months in jail, a couple of thousand dollars in fines) to more severe jail time and fines. In Texas, first degree felony computer hacking charges could result in five years to life in prison along with a fine of up to $10,000.

With punishments like that, any potential job offer you get from Tom Hanks isn’t worth it.

How to Defend Against Computer Hacking Charges

If facing these or other computer-related charges, contact John Teakell. He is an experienced Dallas attorney with a 30-year career of defending these and other cases.

While no attorney can guarantee you an outcome, John will work with you to devise the best possible legal strategy. Give him a call or drop by his Turtle Creek office today.

Is Money Laundering a White Collar Crime?

teakelllawcom on April 9, 2018

Thankfully, the only money laundering most of us have done in our lives is when we forget to empty out our pockets before doing the wash. Criminally speaking, many aren’t even sure what the crime is, or they have a heck of a time explaining it.

In simple terms, money laundering occurs when you do something illegal, profit from it, and then engage in a legal business practice to “legitimize” your ill-gotten gains. In criminal circles, it’s also referred to as “washing.”

(See the Netflix show Ozark for a current pop culture example.)

While considered a white-collar crime for its financial motive and nonviolent nature, money laundering is nevertheless a serious crime, if for no other reason than it can make you party to other more serious crimes. As such, you can expect severe consequences.

How Texas Handles Money Laundering

In Texas, money laundering is governed by Penal Code, Title 7, Chapter 34, Section 34.02. According to the text, a person can be found guilty if they do any of the following:

They acquire or maintain an interest in, conceal, possess, transfer, or transport the proceeds of criminal activity;
The conduct, supervise, or facilitate a transaction involving the proceeds of criminal activity;
They invest, expend, or receive, or they offer to invest, expend, or receive, the proceeds of criminal activity or funds they believe to be the proceeds of criminal activity; or
They finance or invest or intend to finance or invest funds believed to be intended to further the commission of criminal activity.

The penalties for being found guilty of money laundering can vary widely depending on the underlying crimes and the amounts. Anything from state to federal jail time is possible. Severity depends on amount and is broken down into four categories as follows:

First degree felony: $200,000 or more
Second degree felony: $100,000-$199,999
Third degree felony: $20,000-$99,999
State jail felony: $1,500-$19,999

Charged With Money Laundering: Now What?

If you find yourself charged, you do have some options. The most common defense is a simple lack of knowledge. The prosecution not only must prove laundering activities took place, they have to prove you had full knowledge of what you were doing. If they can’t do that, getting a conviction becomes very difficult.

Also, if the defendant can prove he engaged in the activity to help law enforcement lawfully seize the funds, then he’s in a good position.

Whatever led you to this point, it’s important to understand what’s at stake and where to go for help. Dallas criminal defense attorney John Teakell has decades of experience defending white-collar crimes, such as this. Contact the office today for a free consultation if you or someone you know has been accused.

Weapon Sales: How to Know When You’ve Committed a Crime

teakelllawcom on April 9, 2018

Responsible weapon sales are critical in ensuring deadly weapons do not get into the hands of the wrong people. But while there are rules and regulations a licensed dealer must adhere to, there are very few criminal cases brought against those who follow, or attempt to follow, the law.

Still, “few” and “none” aren’t the same thing. Dealers, you could find yourself faced with criminal charges if you fail to act responsibly on your side of the transaction.

Becoming a Gun Dealer in Texas

To stay on the right side of the law, you must first know the law. And any legal right to sell begins with licensing.

If you hope to legally sell firearms, then you will need to apply to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The ATF requires aspiring dealers to fill out and submit the FFL (Federal Firearms License) and the Certificate of Compliance forms.

Both are available through your local field office or from the ATF website. You’ll also need to submit a photograph and fingerprints and pay a separate fee for each place you intend to do business.

Once approved, you will legally be allowed to sell. But not so fast. The privilege comes with a pretty major responsibility: security and storage.

As a dealer, you will need to take appropriate action to ensure your place of business/gun storage is secured. Otherwise, you could face civil penalties (up to $2,500) as well as license suspension or revocation in the event a gun of yours is stolen and then used in the commission of a crime.

When Weapon Sales Cross the Line from Violation to Crime

The law does a pretty good job of protecting weapon dealers from how their wares are used beyond the store, but there is one area where your knowledge could make you criminally liable.

Straw Man Purchases

This type of transaction is when you sell the gun to an individual legally capable of owning a firearm, but you know they will not be the ultimate possessor of the gun, and that the true owner is someone legally ineligible.

The burden of proof is high against the dealer, but it’s not insurmountable. Here are the items the prosecution will focus on:

Eligibility of the offender to own a firearm
How the offender accessed the firearm
Who sold the firearm to the point of access

In layman’s terms, someone with a felony background commits a crime with a weapon that a legally eligible family member bought from your store. You knew the family well and knew of the intent of the buyer, but you sold it to them anyway and did not report it to any of the appropriate authorities.

In a best-case scenario, this could result in the suspension or permanent revocation of your license to sell. In a worst-case scenario, there might be enough evidence present for prosecutors to make a case for accomplice to the crime.

Considering 40% of all gun transactions in this country are private sales, the possibility here is a real one that you have to be on guard about before entering a transaction.

If you are considering entering the weapon sales market as either a private seller or a dealer, don’t be caught off guard. Check out the John Teakell blog for more information on how guns and weapons are regulated, both federally and here in the Lone Star State.

And if you have any questions, don’t hesitate to reach out.

Organized Crime Statistics: What Are the Most Common Crimes?

teakelllawcom on April 9, 2018

Organized crime invokes images of Don Vito Corleone from the Oscar-winning film The Godfather. That’s because, for the better part of the 20th Century, society thought about the mafia as the most prevalent, and successful, criminal organization.

But saving the term strictly to mobsters is near-sighted.

Organized crime can include youth and street gangs. It also encompasses patron-client networks, bureaucrats, corporations. Wherever there is power, the potential for corruption exists.

In the following article, we’ll discuss the most common forms of organized crime along with how prevalent they are. Let’s begin.

Bribery

Bribery is when you give money or goods to another person in exchange for a desired outcome. Graft can fall under this umbrella. It’s a politically driven form of bribery where a politician illegally uses position for personal gain.

When bribery happens in organized crime, multiple people are technically conspiring to unfairly affect an outcome. This requires planning and organization.

According to a global report from Statista surveying people who admitted to paying a bribe to some form of institutional representative, police are the most commonly bribed parties at 31%, followed by the judiciary at 24%. Other sectors include land services (21%), medical and health services (17%), and educators (16%).

Extortion

Coercing a desired outcome through force or the threat of force. Blackmail can fall under this banner as well, as can bank robberies involving multiple perpetrators. The FBI notes that “Over half of extortion/blackmail offenses” do not involve a weapon or force.

Embezzlement

Embezzlement occurs when funds or assets are entrusted to an individual (or, in the case of organized crime, a group of individuals), and the parties misappropriate those funds for their own use.

A 2016 embezzlement study found that four of every five employers victimized by embezzlement had fewer than 100 employees. The average loss: $807,443. People in management positions were the most likely culprits.

Illegal Drug Trade

Globally, the illegal drug trade is worth over $320 billion per year. It requires the aid of buyers, sellers, shippers, producers — it’s as organized as you can get. The most trafficked drugs include cocaine (37%), methamphetamine (24%), marijuana (21%), and heroin (10%).

Other Organized Crime Stats

Murder-for-hire plots are estimated at around 3.2% of all homicides.

Approximately $1.6 trillion in funds are laundered each year globally. That means illegally obtained monies are “cleaned” through the guise of legitimate activities.

Cybercrime, often an organized criminal activity, is expected to triple from 2015-2019. That’s $2 trillion in ill-gotten gains by the end of next year.

Defending Against Charges of Organized Crime

As you can see, organized crime can involve an array of criminal behavior from financial to violent crimes. Authorities take it very seriously. Charges of organized crime can range anywhere from steep financial penalties to jail time to life imprisonment.

If you have been accused of organized criminal activity, the first thing you should do is reach out to an attorney with experience defending such cases.

John Teakell has been doing so since 1985. Contact his offices today to discuss legal options and strategies moving forward.

Tax Evasion: When Will the IRS Send You to Jail?

teakelllawcom on April 9, 2018

Tax evasion is a scary term catapulted to the top of the national spotlight every March or April. It’s understandable why you would be frightened of it.

As Jerry Seinfeld once said, “They’re the IRS, they can take anything they want!”

While that’s something of an exaggeration — no agency is above the law — it does capture the intimidating specter of this government agency for many Americans.

That said, there are misconceptions about tax evasion and the extent of its repercussions. In the following post, we’ll attempt to bring some clarity.

Failure to Pay Is Not a Crime

Yes, it’s true. The IRS cannot send you to jail for simply failing to pay your taxes. However, they can work out settlements or put you on payment plans that require payment each month until the debt is satisfied.

During this time, you will need to keep current tax obligations satisfied as well. While the IRS sets terms of repayment, they are open to negotiation. Keep up your payments, and you have nothing to worry about.

When to Worry

Failure to pay and tax evasion are two different things. Your financial situation may prevent you from paying the tax penalty in a timely manner. Tax evasion requires certain behaviors.

Tax evasion statutes and penalties are governed mostly by Title 26 of the United States Code as well as Title 18. The big things the IRS looks for in establishing tax evasion are as follows:

You “willfully” attempt to “evade or defeat” the tax.
You “willfully” fail to collect or pay the tax.
You “willfully” fail to file a return, supply information, or pay the tax.
You “willfully” produce a return or documentation that attempts to defraud or provide false statements.
You “willfully” attempt to interfere with the administration of IRS laws and administration.
You “willfully” conspire to defraud the United States.

By their definitions, which you can find here, each of these factors will either land you in jail, with a hefty fine, or both. The IRS also will charge you for the costs of prosecution.

You’ll notice each of the above criteria share a keyword as well: “willfully.”

How Does the IRS Establish ‘Willful’ Behavior?

The IRS will check income and income allocations, individual conduct, concealment practices, expenses, and deductions in an attempt to establish willful behavior. Of particular interest:

Overstated deductions
Income that goes unreported, particularly with consistency
Failure to report cash payments, especially in significant amounts
Payments to fictitious entities or partnerships
False statements

In short, the IRS will be looking for cheating or trickery of some kind provable by law. The results can be anywhere from 1-5 years in prison as well as $250,000 fines for individuals, $500,000 for corporations.

Under the IRS Tax Evasion Microscope?

If the IRS has you in their sights, it’s David and Goliath 2.0 — intimidating, but winnable. However, you cannot make the mistake of going it alone. Even if you did nothing willfully that could be construed as tax evasion, the law might not see it that way.

You need an experienced legal team to argue on your behalf. John Teakell and the team at Teakell Law have provided that assistance to clients for more than three decades. Contact him about this or any other tax issue today.

What’s a Forged Prescription, and How’s It Sentenced?

teakelllawcom on April 9, 2018

Forged prescription practices are of growing concern in the U.S. One look at the opioid epidemic explains why. In 2017 alone, there were between 42,000 and 50,000 overdose deaths, depending on which set of numbers you believe.

Legitimate. Illegitimate. People have gained more access to these prescription medications through a variety of methods. It impacts families in virtually every community.

Cracking Down on Forged Prescription Practices

The methods of committing prescription fraud are innovative, to say the least. Some of these include:

Handwritten prescriptions on stolen stationery
Alteration of legitimate prescriptions to include higher quantities
Replicating prescription pads to include alternate phone numbers
Computer forgeries
Having the same prescription filled at different pharmacies

As a result, the government is getting tough on prescription fraud. In each of the above cases, perpetrators count on the negligence of healthcare professionals.

Sometimes, as in the case of Pennsylvania-based Dr. Raymond Kraynak, the criminal investigation focus is on the doctor himself.

Kraynak is a 60-year-old doctor who allegedly ran a “pill mill.” That is, he allegedly prescribed millions of opioids, leading to the deaths of five people. Kraynak was indicted in December of 2017 on 19 criminal counts.

The Punishment(s) for Prescription Fraud

Forged prescription and other fraudulent practices can lead to serious consequences. A doctor or pharmacist can forever lose their ability to earn a living. Education: out the window.

They could also end up in jail and/or paying fines, penalties, or huge settlements.

Forgeries are considered Class B misdemeanors in their initial sentencing. Subsequent incidents will push them to felony status.

What’s worse, prescription fraud violates both federal and state laws. You could be looking at two separate charges if suspected of participating in fraudulent activities.

Most will be brought forth under state law, Texas Health and Safety Code, §489.129. Larger schemes will go to the feds as a violation of Title 21, United States Code.

What to Do About Forged Prescription Charges

The first thing you should do: seek an attorney with experience fighting forged prescription charges. John Teakell, a veteran attorney who’s practiced more than 30 years, has fought against criminal charges for numerous clients during his career.

His strategy is to prove his clients’ innocence or mitigate damages to help clients move on with their lives and careers. Because each case is different,

Teakell cannot guarantee a specific outcome, but he can guarantee a strong legal strategy specific to your case.

If you are facing a charge related to prescription drug abuse, contact Teakell Law today.

Child Pornography: What’s the Best Legal Defense?

teakelllawcom on April 9, 2018

“Serious” doesn’t even begin to describe the severity of child pornography in the eyes of the law. A single first-time conviction at the federal level could receive anywhere from 15-30 years in prison.

Sentencing guidelines under Texas state law go even further. A tried-and-convicted defendant could receive anywhere from 5-99 years in prison. This sentence falls on first-degree felony cases.

The more charges — or the more egregious a single charge — the more serious the sentencing.

Have you or has someone you know been accused of child pornography? Your next moves will be extremely important. Here are some tips to keep in mind for developing a sound legal strategy.

Discuss the Case with No One

The stigma of child pornography can have severe repercussions regardless of conviction.

Because of this, defense strategies will need to develop close to the vest. Anything you say should be under the umbrella of attorney-client protection.

It’s likely you will not have access to your everyday hardware since investigators often seize that into evidence. Just in case, it’s a good idea to stay offline. Encourage family living in the residence to do the same.

Attacking ‘Intent’ and ‘Knowledge’ Arguments

Child pornography convictions occur when prosecutors succeed in showing the defendant had the intent to obtain the pornographic images and that he/she had knowledge of the materials they were possessing before they made the decision to access.

Hurdles for the prosecution’s case include the following:

Multiple actors have access to your computer.
A one-time user on the computer network accessed child pornography materials. Intent behind the user access is immaterial.
Photos were accessed through a bulk download containing other non-pornographic images.
Search warrants used to seize hardware and other evidence lacked a probable cause basis.
Defendant viewed images on the computer, but did not possess (download).

Any viable legal strategy must focus on disproving the knowledge and intent burdens. With no proof, there’s no conviction.

What to Do If Accused of Breaking Child Pornography Laws

Child pornography brings with it severe consequences. But the prosecution must be able to prove their case beyond a shadow of a doubt before they can take away your freedom.

For over 30 years, John Teakell has provided aggressive defense for clients in sensitive cases like these. If you feel you or someone you know has been unfairly targeted or represented in a child pornography case, contact Teakell’s office today for the best possible legal strategy moving forward.