Archive for September, 2009

Houston Leads Nation In Immigration Cases

Thursday, September 24th, 2009

O.CosmaA recent study by the University of Syracuse has found that the Houston federal court handles more immigration crime prosecutions than any other court in the country. The study showed that the U.S. District Court for the Southern District of Texas has prosecuted almost 23,000 cases just this year –far more than any other district court in the nation. Almost all of the work is done by a tiny office inside the Harris County Jail.

“Any time that we can get a criminal off the street; it doesn’t matter if it’s an illegal alien or a citizen we are making our streets safer for our public,” said Harris County Sheriff Lt. Michael Lindsay, “we are not trying to deport everybody, we are just trying to stop the crime.”

Unfortunately for those prosecuted though, the chances of a successful immigration crimes defense are slim. Only 4% of all people tried in these courts actually win their cases. If you or someone you know happens to be one of the 23,000 facing prosecution for immigration crimes this year, be sure you have the help of a top Houston criminal attorney like Tad Nelson. Without a skilled attorney, your chance of success in these trials is abysmal.

To learn more about the recent study, read the article on KHOU. Image Via O.Cosma [Flickr]

New Law Increases Penalty For Choking

Thursday, September 17th, 2009

Annie WondererA new Texas law will move strangulation from a misdemeanor charge to a felony in cases of domestic battery. By holding someone by the neck and cutting off their air supply, domestic abusers will be greatly increasing the potential sentence they face.

Dallas police Sergeant Richard Santiesteban is a supervisor in the family violence unit. He expressed great happiness at the change, as it is so common in these types of cases:

“Seven out of 10 cases that we get here in family violence have to do with some form of strangulation. So it’s very important to get this type of upgraded penalty.”

Previously, the crime would only be a felony if the victim passed out. Now any case of strangulation will be charged as a felony, even if there are no marks to prove the choking took place.

Houston criminal attorney Tad Nelson believes this is a good move to protect abuse victims, but worries about cases where there are no witnesses and no bruises. Nelson warns of the importance of having suitable evidence in domestic violence case is necessary in order to protect defendants from false or exaggerated accusations.

To learn more, please read the article in The Dallas Morning News. Image via Annie Wonderer [Flickr].

Exonerated Inmates May Become Millionares

Thursday, September 10th, 2009

Tim Pearce, Los Gatos

A new Texas law will provide unheard of benefits to prior prisoners who were proven innocent by DNA evidence. Each wrongly convicted person will receive a lump sum payout of $80,000 for each year they were incarcerated. Those who were released will also receive $25,000 per year they spent n parole or as a registered sex offender. To compensate them for their lack of job experience, they will receive an additional $40,000 to $50,000 every year. Additional benefits include up to 120 hours of paid tuition at a public college, medical treatments, dental treatments and job training. For those who are deceased, payments will be made to their estate.

Anyone who has previously received a lump sum payment of $50,000 per year incarcerated from the old compensation program will be ineligible for the new lump sum, but may still collect the additional yearly benefits.

The law takes place after the state exonerated a massive number of prisoners this past year. At least 38 previous inmates will be eligible for the compensation. The largest compensation will likely go to James Woodard, who spent 27 years in prison for a murder he did not commit. Woodard may collect up to $2.2 million.

Houston criminal attorney Tad Nelson reminds the public that this is not easy money being given to the convicts. Past inmate Thomas McGowan described his time in prison as “a nightmare,” “hell” and “slavery.” The compensation cannot make up for the suffering the inmates went through behind bars or the lost time they experienced while on the inside.

For more information, please read the full Google News article. Image via Tim Pearce, Los Gatos [Flickr]

Economy Increasing Number of Insurance Fraud Cases

Tuesday, September 8th, 2009

As more and more people feel the strain from our country’s recession, an increasing number of people are turning to desperate measures to escape debt. Law enforcement officers and insurance adjusters are seeing an increased number of insurance fraud cases in the last year. Methods vary, but may include dumping cars in lakes, intentionally having cars stolen, torching cars and more.  Many owners are doing these crimes just to escape the bills that keep piling up.

The current Texas unemployment rate is at 8.2%, the highest it has been since 1992. With statistics like this, it is easy to predict that these illegal activities will only become more frequent in upcoming months, even years.Chazz Layne

Most people who commit these crimes have never been in trouble with the law before. The majority are middle to upper class people with massive car payments. They are known as “owner giveups” -too desperate to consider the possible consequences. Houston has become the number one location in the nation for these types of crimes.

“Most of them have never been in trouble before, but they lost their job, had a decrease in income or some problem and they can’t afford their vehicle,” said Dallas County sheriff’s investigator Tom Reilly, who has handled 115 cases this year and is the only officer in the state devoted strictly to investigating owner give-ups. “They don’t want to ruin their credit.”

It seems unlikely that these desperate car owners believe they will be caught. When they are, the consequences are much worse than an expensive car payment. Criminal charges for these types of crimes may include 20 years in prison and up to $10,000 in fines. Even with a top Houston criminal attorney, the charges are difficult to fight, due to the amount of evidence against the suspect.

To read more about owner giveups, please read the article in the Star Telegram. Image via Chazz Lane [Flickr].