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Texas State law makes it a crime to make a false alarm or false report.
Under Texas law, it is a crime to make a false report. This is intended to deter people from making false calls related to emergencies and to deter false police reports and false allegations.
The Texas Penal Code makes it illegal to make a false report. Under Texas Penal Code Section 42.06, a person commits an offense if he knowingly initiates, communicates, or circulates a report of a present, past, or future bombing, fire, offense, or another emergency that he knows is false or baseless and that would ordinarily:
An offense under this section is a Class A misdemeanor unless the false report involves an emergency involving a public or private higher education institution or a public primary or secondary school, public communications, public transportation, public water, gas, power supply, or other public service. In this event, the offense is a state jail felony.
Under Texas law, a person commits an offense if he knowingly initiates, communicates, or circulates a report of an offense that he knows is false or baseless and that would ordinarily cause action by an official. If someone gets mad at you and calls the police and makes a false allegation against you, they have committed this offense. No one should be subject to false allegations, and this offense offers punishment for those who make false allegations.
Under Texas law, a person commits an offense if they communicate a report that would cause a police response. Sometimes, for different reasons, including attention, people will call the police and claim they are the victim of a serious crime. Even though the caller has not identified a specific suspect, the call violates the law. For example, if a person calls the police and falsely claims there is an intruder in their home, that call would be a false report. A false report like this will cause an immediate police response and unnecessarily tie up police resources. False reports like this can cause more than an immediate police response. Such false reports can create the need to investigate the falsely reported crime. Again, this is a waste of valuable police resources.
Under Texas, a person commits an offense if they communicate a report of or threaten a future offense. If a person makes a false report that someone is going to be the subject of a serious future crime and they place someone in fear of imminent serious bodily injury, then they may have committed an offense under this statute.
Under Texas law, a person commits an offense if they call in a bomb threat. The location that is the subject of the false bomb threat is of critical importance. If, for example, a bomb threat is made against a school, the offense is considered more severe, and the potential punishment is increased. A bomb threat against a school is a state jail felony. State jail felony offenses are punishable by up to two years in a state jail facility. While students may think calling in a bomb threat is a gag, it is no laughing matter. The law treats bomb threats very seriously, and those who are accused of such offenses face a felony conviction.
As in any criminal case, a person accused of Making a False Alarm Report is presumed innocent. Anyone accused of making such a report should retain an experienced Texas criminal defense lawyer to fight the allegation. There are unique defenses to False Reporting charges. As the alleged criminal conduct involves speech, a defense may be found in the accused’s First Amendment Right to Free Speech. While not all speech is protected, Constitutional protections must be considered when evaluating the best possible defense.
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
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 Government also found the intended loss was over half a million dollars. 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.
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