The Legal and Financial Consequences of a Texas Identity Theft Conviction
Identity theft is a serious crime that involves stealing someone’s “Identifying information” to commit fraud or otRead More
For decades, far too many Harris County criminal judges have abused the accused who have made bond. The latest abuses are repeating bad conduct that we have seen in the past.
Harris County, Criminal Court Judges, continue to hold meaningless dockets unnecessarily. The accused are made to come to court for one reason: to wear them down so that they plead guilty. Defendants who work for a living can only take so many days off to attend court before their job is in jeopardy. Many courts use this pressure to essentially coerce pleas out of the working accused, who are made to come to court every month.
I practice quite a bit in federal court. As a general rule, the federal judiciary is highly regarded for its ability to manage thousands of complex civil and criminal cases. There is not one federal judge who routinely and unnecessarily requires the accused to come to court. It does not happen. Consequently, those accused in federal court do not have to miss work needlessly. Rather than causing the accused to risk their jobs, federal courts do everything they can to encourage the accused to keep and maintain employment.
The Harris County district and county court judges who require needless appearances do it to coerce pleas and move their almighty docket. In federal court, statistically, 90% of those accused plead guilty. They don’t plead guilty In federal court because they have been coerced by having to come to the courthouse for needless settings. In federal court, for the most part, the accused plead guilty because after reviewing the evidence with counsel they determine a plea of guilty is their best option.
Harris county judges should follow the example of their federal colleagues and stop requiring these needless settings. Stopping the needless settings would allow the accused to maintain employment while dealing with their cases. It would also eliminate the ridiculous long lines and overcrowding of the state court. Eliminating needless settings is just one example of how the aptly named Harris County “Criminal” Justice system can be more just and less criminal.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
Client, a Houston area professional who frequently travels for work, was accused by his wife of assaulting her in his family home. Defense showed that wife’s story lacked credibility and there was no physical evidence in support of the wife’s allegation.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
Client was accused of knocking disruptive student against the wall. Videotape of incident was obtained. Witnessed located and interviewed. On the day of trial, case was dismissed
Identity theft is a serious crime that involves stealing someone’s “Identifying information” to commit fraud or other illegal activities. “Identifying information” includes:
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