Legal Insights from Tritico Law
News, answers, and perspectives from Houston attorneys.
Teacher Rights in Texas: What You Need to Know Before Signing a Contract
As an educator, signing a teaching contract is a significant commitment. Understanding teacher rights in Texas before putting pen to paper can help protect your career and ensure you're treated...
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Understanding Criminal Charge Terminology
Legal jargon can often be confusing and intimidating for individuals unfamiliar with the criminal justice system. However, understanding key legal terms can empower you to feel more confident and...
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By Editor
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July 24, 2024
Any type of fraud can lead to significant losses for unsuspecting victims who might be unaware of the crime until it is too late. The same goes for securities fraud. This offense involves people entrusting their finances as investments to individuals or institutions posing to operate legitimately. These crimes often involve significant amounts of money, affecting the severity of charges and penalties. Most incidents of fraud are felonies, becoming more serious based on the amount of money involved. The degree of the crime can vary according to the following: Involves an amount less than $10,000 – The offense is a third-degree felony. The amount exceeds $10,000 but is under $100,000 – The crime is a second-degree felony. It is or exceeds $100,000 – The offense is a first-degree felony. Additionally, timelines could play a vital role in indicting perpetrators. An indictment might only happen if a party brings about charges within five years after the crime occurred, meeting specific conditions before qualifying as fraud. The details of the crime can also rope in people indirectly involved in it, including individuals who made inaccurate or untrue statements to mislead and deceive. But sometimes, these named accomplices could be victims fooled into […]
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July 12, 2024
In 2022, approximately 161,000 large-truck crashes occurred on U.S. highways, causing thousands of injuries and fatalities. These staggering numbers underscore the importance of understanding your rights if you ever find yourself in such an unfortunate situation. When navigating the aftermath of a trucking accident, there are two pieces of evidence that can help you strengthen any legal action you may pursue. Truck black box data Modern commercial trucks come equipped with an Electronic Control Module (ECM), or the “black box.” This device records a wealth of information, including the truck’s speed and acceleration. It also captures brake application, engine performance and even the impact and direction of the crash. The black box data can provide invaluable insights into the circumstances surrounding an accident, potentially revealing unsafe behavior by the driver or trucking company. This evidence is crucial in strengthening your case, as it can help establish liability and fault. However, it is vital to act quickly to preserve this critical evidence. ECMs have limited storage space and will automatically overwrite previous recordings once they reach capacity. Moreover, trucking companies may deliberately delete the data following an accident. The driver’s paper trail Alertness is a critical factor in a truck driver’s […]
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July 1, 2024
If you are facing embezzlement charges, you may be experiencing mixed emotions and concerns. Understanding the nature of these charges and the potential consequences can help you prepare for the challenges ahead. The weight of embezzlement accusations Embezzlement is a form of financial fraud. It involves the misappropriation of funds entrusted to you for personal gain. The charges suggest a breach of trust. It can hurt your career, personal relationships and financial stability. Penalties for embezzlement Under Texas law, the penalties for embezzlement may depend on the value of the misappropriated funds, as outlined below: Individuals may face misdemeanor charges for embezzling amounts less than $1,500. These charges can potentially result in jail time not exceeding 12 months. When the value ranges from $1,500 to $20,000, the offense escalates to a felony. This may come with possible imprisonment for up to 24 months in a local correctional facility. Cases involving $20,000 to $100,000 typically lead to third-degree felony charges. This may carry potential prison sentences of two to 10 years. Accused individuals may face second-degree felony charges for amounts between $100,000 and $200,000. These charges may result in a potential imprisonment of two to 20 years. When the embezzled sum […]
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June 26, 2024
The Internal Revenue Service (IRS) is tasked with a challenging mission. The IRS must review income records and tax returns to ensure that individuals and businesses pay an appropriate amount in taxes every year. Comparing information provided by employers and financial institutions to the actual returns filed by taxpayers is a key part of that process. The IRS may audit people and businesses if there appear to be discrepancies and income tax records. Occasionally, the IRS might reach the conclusion that an underpayment of taxes is the result of intentional tax fraud. Federal prosecutors might potentially file criminal charges against those accused of fraudulent underpayment of their taxes. What scenarios might eventually lead to tax fraud charges? Tax fraud involves intentional misrepresentation Some people end up accused of tax evasion, which is an inappropriate attempt to avoid taxes. Tax evasion can take many forms, including fraud. Those accused of tax fraud provided information to the IRS that is inaccurate based on other financial records. If the IRS believes that the misrepresentation was intentional, that could lead to accusations of tax fraud. Tax fraud can involve vastly different conduct for different taxpayers. For example, a business facing tax fraud accusations may […]
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May 27, 2024
Collisions are generally dangerous, but accidents involving big trucks and cars can be devastating, especially for the smaller vehicle’s occupants. Depending on the difference in size and weight, the car can be at a disadvantage, making severe injuries and fatalities likely, such as in underride crashes. This type of crash occurs when the force of impact causes the car to slide underneath the truck’s body, possibly wedging it into the space between the truck’s wheels. What makes them lethal? Underride crashes are often lethal because of their point of impact. The way the smaller vehicle goes under the truck could instantly take out the car’s hood or windshield area, causing airbags and other safety features to fail. Additionally, the impact often targets the car’s upper half, making its occupants prone to head or neck trauma, which can be fatal. Meanwhile, the compartments where truck drivers sit are usually high, keeping them from direct force during an underride crash. In these incidents, people in smaller vehicles tend to suffer more regardless of who is at fault. Taking legal action after a truck accident If you survived an underride crash or any other type of truck accident, you may have severe injuries, leaving life-altering […]
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May 8, 2024
The insurance business involves much money changing hands, whether it’s a customer paying their premiums or the insurers providing compensation for covered incidents. It’s no wonder, then, that the industry also attracts much fraudulent crime. Typically, insurance fraud offenses are prosecuted at the state level. However, if a certain fraud scheme affects interstate commerce, it becomes a federal crime. With the rules of engagement dictated by the federal government, the consequences of this offense are more severe than state-level insurance fraud. When does an offense become a federal crime? According to federal law, insurance fraud becomes a federal offense when it affect interstate commerce. Specific instances where an insurance fraud case violates federal law include: Misrepresentations: Making false statements or representations in insurance documents that cross state lines or involve interstate transactions Illegal conversions: Embezzling, misappropriating or converting insurance funds from a company that operates in multiple states or engages in interstate business activities Hidden information: intentionally concealing or misrepresenting material facts about insurance transactions involving policyholders, claimants, or insurance companies from different states Fraudulent transactions: Engaging in fraudulent activities related to the sale, solicitation, or negotiation of insurance policies or contracts that involve parties from different states or have […]
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May 7, 2024
Teachers work very demanding jobs for relatively low wages, when considering the impact their careers can have on others. However, with years of dedicated service, teachers can eventually earn more competitive salaries and can retire comfortably. Teachers in Texas typically need to meet very strict standards regarding their education. They also need to obtain an educator certification from the Texas Education Agency, which oversees the certification process. Certain personal issues could potentially affect an educator’s career. For example, a teacher who pleads guilty or gets convicted of a criminal offense could face major career consequences. How long can a criminal record potentially affect someone who works as a teacher? Their certification could be at risk for years The Texas Education Agency conducts background checks when issuing a new certification or when renewing an existing one. Someone who has already obtained a job at a school may believe that a criminal conviction is unlikely to affect their career. Especially if someone specifically sought out a lifetime certification, they might believe that they can hide the record of their conviction from the school that employs them and the Texas Education Agency so that they can maintain their career and their certification. A […]
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April 25, 2024
The law in the U.S. is strict on illegal gambling. Federal statutes clearly define what constitutes an illegal gambling business and the penalties for those involved in such activities. If someone conducts, finances, manages, supervises, directs or owns all or part of an illegal gambling business, they may face serious legal consequences. It’s important to understand how serious this matter is to avoid participating in such a business or know how to respond if faced with charges. Defining illegal gambling businesses Federal law describes an “illegal gambling business” as a gambling operation involving five or more people, running for over 30 days, or bringing in more than $2,000 in a single day. This law covers a range of gambling activities, such as: Running a pool Taking bets on sports or other events (bookmaking) Having slot machines, roulette wheels or dice tables Organizing lotteries or bolita games Selling lottery tickets If a person runs a business—either covertly or openly—like these, it may be an illegal gambling business. No matter the size, these businesses are breaking the law. Exceptions to the law This law has a limitation. Some tax-exempt organizations, like certain non-profits, can conduct games like bingo or lotteries without breaking the […]
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April 11, 2024
While gambling is widespread across the United States, it’s heavily regulated at both the state and federal levels. There are restrictions on the types of gambling allowed, how it’s done and where it can be done. However, some would attempt to break these rules by delivering gambling paraphernalia from one point to another. Perhaps it’s to facilitate prohibited gambling operations or to fund other illegal organized crime ventures such as money laundering. Whatever the reason, transporting wagering paraphernalia is potentially a crime at the federal level. Illegal transportation According to federal law, it’s against the law to transport any record, paraphernalia, ticket, certificate, bills, slip, token, paper, writing, or other device used in bookmaking, wagering pools or in a numbers game. The transportation must occur across state lines or from a foreign country into the United States for the action to be a federal offense. Under the law, it’s also an offense to receive wagering paraphernalia delivered across state lines or from a foreign country. Aiding the transportation of such gambling materials is also a federal offense. Items considered wagering paraphernalia The law has a broad definition of what’s considered wagering paraphernalia. They can include: Betting slips or records of […]