Category Archives: Criminal Defense

What Is Racketeering in Texas?

If you’ve watched crime dramas or read about high-profile federal cases, you’ve probably come across the term “racketeering.” But what does it really mean, and how does it apply in the real world? What would it mean to be charged with racketeering in Texas?

No matter what the situation is, these charges call for the services of an experienced criminal defense attorney.

More Than a Movie Plot Crime

Racketeering is one of the most serious and misunderstood criminal allegations a person can face. The term is often associated with organized crime, but the legal definition under both federal and Texas law is broader than most people realize.

The Basics of Racketeering

Racketeering refers to the act of operating an illegal business or scheme to make a profit, often through coercion, fraud or violence. It became widely recognized under the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, passed by Congress in 1970.

The RICO Act was designed to combat organized crime. It allows prosecutors to go after patterns of criminal behavior carried out by individuals as part of a larger enterprise. These enterprises, or “rackets,” can be anything from street gangs and motorcycle clubs to legitimate-looking businesses used as fronts for illegal activities.

The Elements of Racketeering

To bring a RICO charge, the government must show:

  • A criminal enterprise exists.
  • The defendant was associated with or employed by that enterprise.
  • There was a pattern of racketeering activity, meaning at least two acts of qualifying crimes, called “predicate offenses,” within a 10-year period.
  • The acts were related to the operation of the enterprise.

Predicate offenses include a wide range of crimes, including bribery, extortion, money laundering, drug trafficking and wire fraud. In certain circumstances, they can include murder or kidnapping.

Racketeering in Texas

While RICO is a federal statute, Texas has its own racketeering laws. Texas racketeering law targets individuals who commit crimes as part of a criminal combination or criminal street gang.

Sentencing enhancements can apply. For example, if someone is accused of theft, but it’s shown that they did it in coordination with a criminal group, prosecutors can elevate the charges and seek much harsher penalties.

Why Should You Care About Racketeering?

While racketeering charges are meant to combat organized crime, the definition of organized crime is wider than some may think. An “enterprise” in Texas, for example, can simply mean a “group of individuals associated in fact.” To law enforcement, that could mean you and your friends.

Prosecutors and law enforcement want to get convictions. They may charge you with racketeering in an effort to have you plead guilty to lesser charges. A good lawyer will see through this tactic and provide a robust defense.

Racketeering Charges Are Serious

RICO and organized crime charges carry the potential for long prison sentences, asset forfeiture and devastating reputational damage. Even being investigated for racketeering can cause significant personal and financial stress.

These cases are often built over months or even years, using surveillance, wiretaps, and confidential informants. Prosecutors may attempt to charge as many people as possible, hoping some will cooperate.

That’s why it’s critical to have an experienced criminal defense attorney on your side. Your attorney will understand both federal and Texas law and can challenge the government’s narrative at every turn.

At Lee & Wood, GP, our Texas criminal defense lawyers help defend against accusations of all types. If you have been arrested or charged with racketeering or a related offense, call us at 817-678-6771 or contact us for a consultation.

Right To Remain Silent: When To Speak to Officers in Texas

Your right to remain silent plays a significant role when it comes to interacting with police, but it’s not quite the whole picture. When can you assert that right? Is it always the best strategy? What about situations where you aren’t under threat of arrest?

Your criminal defense attorney can handle these issues once you’ve chosen one. Until then, what should you do?

Silence Is Better Than Lying

Saying nothing is specifically protected in many instances. Saying something untrue is not protected. It’s always better to stay silent than to say something that isn’t true!

When you choose silence as your response, be consistent. Remain silent. Wait until you’ve had a chance to speak with your lawyer to make any statement at all.

Situations Where You Have To Speak

This is a tricky area. Texas law includes a Failure to Identify (Section 38.02) law that requires someone who has been lawfully arrested to provide their name, address or date of birth when requested by a peace officer.

It also makes it a crime to give a false answer to those questions if you’ve been lawfully detained. The same is true if the officer has good cause to believe you witnessed a crime.

There are also provisions regarding drivers. If you’re a driver who’s been detained for an alleged offense, such as a DWI, you must show the officer your license when requested. If you don’t or can’t, you must give your name, address, date of birth, or driver’s license number.

At a traffic stop, hand over your license and proof of insurance when asked. But don’t answer questions about your driving, your destination or anything else.

Violations of the Failure to Identify law are punishable as misdemeanors.

Be Polite in Silence or in Speech

Silence is your right and is almost always the right choice. But whether you remain silent or choose to speak, it’s best to be polite and calm around police officers.

Getting pulled over or arrested is incredibly stressful. It’s easy to be overwhelmed, angry, scared or frustrated. It’s important to try to stay calm and wait for your attorney to help you.

It’s also important to remember that even if the situation got away from you in the beginning, you can stop talking at any point. If you’ve made statements in anger or fear, you can still assert your right to remain silent once you’ve calmed down. The less you say without an attorney present, the better off you’ll be.

Police Can Lie to You

While you’re not allowed to lie to police, the reverse is not true. Police officers can lie about the evidence against you. They can lie about what they saw. They can lie about what will happen to you if you just start talking to them. When the police tell you you’ll be better off talking to them, that is not the truth.

Contact a Texas Criminal Defense Attorney Immediately

Exercise your right to remain silent. Wait until you’ve spoken to your attorney before making any statement to the police. Call Lee & Wood, GP today at 817-678-6771 or contact us online.

The Brady Rule And Disclosure Evidence

In criminal trials, both the prosecution team and the defense team will be looking for evidence to prove guilt or innocence. But what happens when the prosecutor finds evidence that the defendant is innocent? What is a prosecutor’s duty? If a prosecutor finds evidence that an accused person is innocent, what should they do with it?

Fortunately, there’s a rule governing this important situation. The Brady Rule requires prosecutors to disclose “exculpatory evidence,” which is evidence that may support the defendant’s innocence. Unfortunately, however, history shows that your defense attorney should not rely on this disclosure.

What Evidence Is Considered in the Brady Rule?

Not all evidence is considered Brady Material. The type of evidence covered by the Brady Rule is that which is “material to the issue,” which means it’s important to the case. The evidence must also be exculpatory, meaning it helps the defendant make their case.

Physical evidence, information gathered in depositions and many other types of evidence are all subject to the Brady Rule.

Violations of the Brady Rule

The Brady Rule is more often noted for its failures than for its successes. Violations of the Brady Rule have led to some famous results.

When exculpatory evidence is not turned over, as the law requires, the conviction should be reversed. Brady violations can lead to convictions being overturned, sometimes years or decades into an innocent person’s sentence.

While it is a fundamental principle of due process, Brady Rule enforcement is inconsistent. Violations are relatively common and are rarely sanctioned or corrected unless uncovered through appeals or independent investigations. Courts often defer to prosecutors’ discretion, and disciplinary action against those who withhold evidence is rare. Paired with a lack of accountability in policing, people accused of crimes are facing a prosecution that can seemingly do what it wants.

Though the Brady Rule is well-established in law, its practical enforcement often depends on the diligence of defense attorneys. Some have even suggested that the reputation and relationships forged by defense lawyers are key to preventing Brady violations in the first place.

Building a Strong Defense

While the law requires exculpatory evidence to be turned over, it’s not realistic to hope for the prosecutor to provide the key evidence that sets you free. An experienced criminal defense attorney will not rely on Brady material to build your defense.

If there is evidence to be found that will reduce or negate the charges against you, your attorney and hired investigators are most likely to find and present it. That’s one of many reasons to find and hire an experienced defense attorney.

Mistake or Intention

Some might argue that the current state of affairs regarding the Brady Rule is unacceptable. That may be the case, but it’s worth considering what’s actually driving the problem.

Prosecutors often carry substantial workloads and have limited resources to do their jobs. The system isn’t perfect, and mistakes happen that can help or hurt an accused person. Courts are unlikely to start punishing prosecutors in a way that makes the situation worse.

Contact a Texas Criminal Defense Attorney Now

At Lee & Wood, our attorneys have extensive criminal defense experience in Texas courtrooms. We can help you craft a strong defense designed to protect your rights, regardless of whether the prosecution plays nice. Call our offices today at 817-678-6771 or contact us online for a free consultation.

Not Guilty Verdict vs. Acquittal vs. Charges Dismissed

Legal terminology is often confusing. Terms like “acquittal” aren’t common in everyday speech. Even a phrase as ordinary as “not guilty” can be misunderstood. When it comes to desirable outcomes for a criminal case, are you best off if you’re found not guilty, if you’re acquitted, or if the charges against you are dismissed?

The Best Result: Charges Dismissed

Among the results for a criminal case, one comes out on top. Having the charges against you dismissed can often be the best possible outcome. There are several reasons for this. First, charges can be dismissed before the trial even begins. That can save you time, money and an incredible amount of stress.

Charges can also be dismissed after the trial has begun. This is also a positive result. Dismissal at this stage comes with the bonus of double jeopardy protection.

Jeopardy rules prevent a person from being tried for the same conduct twice. Once you’ve gone to trial, even if new evidence arises later, the court can’t try you again for that offense (they could, however, try you under a new charge).

Found Not Guilty By the Judge or Jury

A verdict of not guilty is also a positive result. Such a verdict means that the person charged will not be held responsible for the alleged conduct. You can be found not guilty of one charge while being found guilty of other charges. Generally speaking, the charges are considered separately from one another.

A not-guilty verdict happens at the end of a trial. It could be considered an acquittal that happens at the end of the proceedings. It also carries the benefit of protecting you from double jeopardy.

Acquittal

An acquittal does not have to come at the conclusion of a full criminal trial. A judge can acquit someone at any point in the proceedings. Acquittal happens when the judge concludes that the accused cannot be found guilty beyond a reasonable doubt. There are several possible reasons for this, not all of which depend on the evidence presented in trial.

Like a not-guilty verdict, an acquittal provides double jeopardy protection for the person accused of the crime.

Innocence Is Not Necessary

It’s important to remember that criminal trials are not used to determine innocence. In fact, no one is found innocent at the end of a trial. Instead, prosecutors are required to prove guilt beyond a reasonable doubt. Conversely, criminal defense attorneys work to prevent a finding of guilt beyond a reasonable doubt.

Having the charges dismissed, getting a not guilty verdict or receiving an acquittal are not the same as being declared innocent. While you might want the court to state your innocence, that’s not one of the possible outcomes.

Protect Your Rights With a Strong Texas Criminal Defense Lawyer

Lee & Wood, GP, offers the skilled, dedicated Texas criminal defense you deserve. Our experienced team can protect your rights while taking the mystery out of the criminal justice system. Call us at 817-678-6771 or contact us online to discuss your case.

How Do Plea Deals Work in Texas?

Plea bargaining is essential for the functioning of the criminal justice system. In Texas, as in other jurisdictions, there simply aren’t enough resources to handle every felony criminal accusation with a full trial by jury. Plea deals help avoid trials, though they come at a cost for defendants and prosecutors.

A Basic Plea Bargain Situation

Defendant X is charged with assault under Texas law. Based on a prior incident and the circumstances of the most recent arrest, the prosecutor charges the Defendant with a felony of the second degree. Then, the prosecutor offers to change the charge to a lesser offense if Defendant X agrees to plead guilty.

A guilty plea saves the prosecutor the difficulty, expense and uncertainty of a full trial. Defendant X benefits from the lighter penalties associated with the reduced charge. Both sides get something they want, and fewer resources are expended to reach the final result.

The Undeniable Pressure of the Bargaining Process

Nearly everything about the criminal justice system is intimidating for someone accused of a crime. Law enforcement, prosecutors, judges and courtrooms are usually unfamiliar for people outside of the legal profession. For these reasons, plea bargaining calls for the assistance of an experienced criminal defense attorney.

It’s difficult, if not impossible, to judge the merits of a plea deal without extensive experience. You need to balance the value of the offer against your chances of getting an even better outcome if your case goes to trial.

Important Things to Know When Considering a Plea Deal

When you’re facing the possibility of months or years behind bars, making the right decision is vital. Your lawyer can help you through the pressure by providing the information you need. Many times, you will accept a plea deal. Here are two things to know about accepting it.

You Won’t Have the Option of Being Acquitted

If the evidence is on your side, agreeing to a conviction for a lesser offense is still an undesirable outcome. A finding of not guilty or a total dismissal of the charges is the perfect result. Agreeing to a plea deal closes that option.

The Deal is Not Final Until the Court Accepts It

Prosecutors can make you an offer of reduced charges. They can offer to make a recommendation to the court of a lesser sentence. But they cannot force the court to accept their offer. The court has the power to reject any deal reached between the prosecution and the defendant.

The Most Common Path to Conviction

In federal criminal cases, the vast majority of cases end in a plea bargain. The pressure to accept a deal is overwhelming in most cases. Some people consider this state of affairs to be unjust. Fair or not, this is the reality. You need a skilled attorney to protect your rights.

At Lee & Wood, GP, our Texas criminal defense team has extensive knowledge of the law and court system. We can handle even the most complex felony cases. If you have been arrested or charged with a crime, call us at 817-678-6771 or contact us online today.

Factors That Can Affect the Length of Criminal Sentences

Sometimes, sentences in one case can be wildly different than other, similar cases. Prosecutors sometimes have wide leeway to determine the strength and length of the sentences handed down.

Aggressive prosecution and lengthy sentences make it all the more important to always have a strong defense. If you’re charged with a crime, you’ll need an experienced criminal defense attorney on your side.

Factors Affecting Sentencing

There are many factors that can affect the kind of sentence you get, and not just what the crime is:

  1. The jurisdiction in charge of prosecuting. (For example, Smith County takes a particularly harsh approach to credit card fraud. There have been several criminal sentences spanning decades for crimes like credit card skimming.)
  2. The history of the person convicted. People with more arrests and convictions on their record often receive longer sentences.
  3. The circumstances around the crime. For example, some crimes include aggravating factors, such as whether or not a weapon was involved.

Financial Crimes Versus Violent Crimes

Typically, things like financial crimes have more lenient sentences than violent crimes. Financial and other white collar crimes are subject to sentencing guidelines which provide the range of potential penalties for these offenses.

Some advocates believe that financial crime should not lead to extended prison stays. Others argue that the sentence should match the harm done, and some financial crimes have the power to harm hundreds or thousands of people.

Violent crimes like assault are different in several ways. They’re often done on a smaller, more personal scale than financial crimes. The crime and the harm done are easier to explain to a jury. Attitudes toward violent crime may be more fixed and uniform because people feel they understand these crimes.

Because of that, violent crimes tend to be prosecuted harshly. If you’re accused of a crime, you need a strong defense.

Crafting Your Defense

Criminal defense is not a one-size-fits-all endeavor. The right defense in one case might be very different from the right defense in the next, even if they involve the same criminal charge. Things like jurisdiction can matter as much or more than the actions that led to the charges in the first place.

Your lawyer needs to have the experience, skill and knowledge to take all factors into account. The outcome of your case is not set in stone. Your defense matters, and so does the defense attorney you choose to help you.

Contact Our Knowledgeable Defense Team Today

Every criminal case is important. The outcome of your case can change your life in ways you can’t imagine. At Lee & Wood, GP, our Texas criminal defense attorneys will take your case seriously. We work hard to protect every client to the best of our ability. Contact us today at 817-678-6771 to discuss your criminal defense needs.

Lost in Jail: Delayed Justice Is a Serious Problem

A Texas case is drawing attention to the speed of the criminal justice system. A Houston man, Edric Wilson, spent 18 years in Harris County Jail without ever being prosecuted, let alone found guilty. While this case is not typical, the fact that it’s even possible is not acceptable to many.

You’re Guaranteed the Right to a Speedy Trial

The U.S. Constitution guarantees people the right to a speedy trial if they’re accused of a crime. Many jurisdictions have statutes of limitation or other rules that further guarantee the right to a justice system that moves at a certain pace.

But if you’ve been arrested or are facing charges, you might be disappointed with what “speedy” really looks like.

It’s important to remember that it’s not always enough to have rights. You need to be able to assert those rights to truly be protected. Your Texas criminal defense attorney is your best chance at making sure the system moves forward and doesn’t simply forget about you.

Jails vs Prisons: Jails Are Not Built for Lengthy Stays

There are many reasons why spending 18 years in jail is a poor outcome. One of them is the difference between a county jail and a prison. The facilities and rules in place at a jail are not set up for people to be held long-term.
Prisons are not fun places, but they’re built to house people for stays lasting longer, sometimes much longer, than a year. They typically offer things like education, vocational training and other types of rehabilitation.
Most prisons allow some form of access to the outdoors, for example. It may be restricted or denied, depending on the circumstances, but it’s often possible to get outside at least occasionally.
Jails, including Harris County Jail, do not necessarily have that same option. Because the stays are intended to be shorter, it hasn’t been deemed necessary to allow the people held in jails to be outdoors. That’s a small issue for someone held for 10 days. It’s a big issue for someone held for 18 years.

Unavoidable Delays

Even under the best of circumstances, the criminal justice system moves slowly. It’s hard to argue that there are enough judges and courts with enough resources to get through the work they’re expected to do. The end result? People charged with crimes spend many weeks waiting anxiously for the next step toward resolving their case.

Choose an Experienced Texas Defense Attorney

At Lee & Wood, GP, we provide strong, dependable criminal defense services for accusations of assault to wildlife crimes. Our lawyers have handled criminal cases in courts all over the Fort Worth area. We can protect your rights and help make sure your case is handled correctly from start to finish. Contact us today at 817-678-6771.

How Do Criminal Cases Usually End?

Many factors control how a criminal case turns out. While statistics may say one thing, it’s never safe to assume your case will end in the most common way. After all, no outcome is guaranteed.

Still, it’s fair to want to know how the most common way criminal defense cases end, especially if you’ve been accused of a crime. Here are the possible results of a criminal case.

Possible Outcomes

Once charges have been filed, a criminal case is likely heading for one of the following outcomes. While these aren’t the only possibilities, the vast majority of cases end in one of these ways.

Dropped Charges

Charges can be dropped by the prosecutor who filed them. A prosecutor could drop charges due to new evidence, uncooperative witnesses or other factors.

Having the charges dropped doesn’t guarantee you won’t be charged again. Still, it can represent a win for you, depending on the circumstances.

Dismissal

Judges have the power to grant a Motion to Dismiss. The best-case scenario is a dismissal with prejudice. That means the judge decided the case in your favor and ruled that the same charges cannot be brought against you again.

A dismissal without prejudice leaves open the possibility that the charges will be brought again in connection with the alleged criminal activity. That could happen if new evidence comes to light. The prosecutor could also change the charges to something better supported by the evidence.

Not Guilty Verdict

Your case could go through the full trial and a judge or jury could conclude that you’re not guilty. This is a good result! You won’t have to serve a sentence, but it does require the full stress and work of the trial.

Guilty Verdict

This is a result you hope to never receive. After the stress of the trial, you’ve been found guilty of the charges and will be sentenced accordingly.

It’s important to note that some states, including Texas, have a trial rate of only 3% (according to an NPR article quoting the American Bar Association). So receiving a verdict in your case, whether guilty or not guilty, is actually somewhat unlikely.

So, what is the most common end to criminal cases? They usually end in plea deals.

Plea Deal

This is, by far, the most common result of criminal charges nationwide. According to that same NPR article, federal criminal court cases end in a plea bargain 98% of the time. While federal courts differ from state courts in many ways, plea bargains are common in both.

The Importance of Experienced Legal Guidance

A plea bargain can be a great result or a terrible one. It depends on the charges, the evidence, the jurisdiction, and countless other factors. Most importantly, it takes an experienced Texas criminal defense attorney to know whether a plea offer is worth considering.

Contact Our Team of Skilled Lawyers Today

At Lee & Wood, LP, our criminal defense lawyers handle felony and misdemeanor cases in Texas state courts. We also handle juvenile offense cases. If you’ve been charged with a crime, we can help you protect your rights. Contact us online or call 817-678-6771 to schedule a consultation.

Does Juvenile Detention Put Kids on the Right Path?

Juvenile detention facilities serve more than one purpose. Some people regard them as a punishment for people who do bad things. Other people view them as tools to reform young people whose behavior needs to change.

Whatever their purpose, it’s important to make sure the facilities are working as they should: protecting the rights of minors while providing rehabilitation. So, how well does juvenile detention work?

Juvenile Detention and Public Safety

The ultimate goal of juvenile detention should be to make our communities better. That means improved safety, health and harmony for everyone. If the juvenile justice system is failing in that regard, we need to look at ways to make it better.

There are alternatives to juvenile incarceration. Many of the alternatives could do the same job better.

Incarceration Is the Baseline Response

Locking someone up is an extreme action. That’s true for adults, but it’s particularly extreme when talking about underage youth. It should not be our first reflex to incarcerate someone if there are alternatives that accomplish the same goals with less disruption and less money spent.

Unfortunately, incarceration is easier to understand and explain than its alternatives. The downsides are generally ignored. The rampant abuse and horrific conditions in the facilities where people are held are often swept under the rug. People understand incarceration and they don’t care to look into it any further.

Role Models and Leadership

Many alternatives to incarceration involve giving young offenders a mentor or advocate to show them a better way. Youth advocate programs connect young offenders and their families with trained professionals. They establish goals and a tailored plan to help the young person make better choices going forward.

Connecting Offenders With the Consequences of Their Actions

Many of the offenses that land kids in juvenile detention are impulsive, thoughtless acts. Depending on your upbringing, it might be hard to understand the position many young people find themselves in. Many don’t see how their actions impact the people around them or the community at large.

Juvenile detention facilities don’t help kids see the error of their ways. Punishment might make them uncomfortable or angry. However, if they don’t connect it to what they’ve done, it’s unlikely to lead to better outcomes in the future.

Pre-Trial Detention

The moment your child is placed in custody, you need to work to protect their interests. If they are in custody, an experienced defense attorney for young offenders can help get them back with their families. Detention should be avoided, if at all possible. Your lawyer can advocate for your child to keep them safe.

Criminal Defense for Young Offenders

At LEE AND WOOD, GP, our skilled criminal defense attorneys understand the juvenile justice system. We can help you protect your child’s rights. If your child is facing criminal accusations, contact us today to get started on a strong defense.

Should Law Enforcement Use AI Tools?

Artificial intelligence is making its way into almost every aspect of American life. Advocates tout its increased efficiency and reduced errors compared to humans when performing tasks.

While AI certainly has the potential to improve aspects of our society, it is not without the potential to do harm.

Criminal justice is one area where AI should be monitored carefully to ensure it does not infringe on our rights. Law enforcement should not assume that the product of an AI tool will be reliable. And no one should assume its results are consistent with the protections afforded to every American citizen.

Example of Law Enforcement Using Artificial Intelligence Tools

AI has already made its way into criminal justice circles. In late 2024, WIRED magazine reported on the story of Cybercheck technology, a product of Global Intelligence. It is a cautionary tale about turning over vital roles to AI.

Cybercheck was purported to be a tool that could give police a clear picture of where a person was at specific times. This geolocation information supposedly came from a complicated analysis of publicly available sources.

The ability to tell where an accused person was is beneficial if you are trying to connect them to a crime. For that reason, hundreds of law enforcement agencies used it to conduct thousands of searches. At least one case in Texas tried to use a Cybercheck report in court.

The Real Story

While the reports seemed useful, it turns out that the results are highly questionable.

Cybercheck doesn’t retain any data about how it reaches its conclusions. Defense attorneys rightfully want to know what information tied their clients to specific times and places; Global Intelligence cannot provide that. They claim Cybercheck uses public sources, but some experts say this kind of information would not be available without a warrant.

In other cases, the information provided was incorrect. Reports have cited non-existent email addresses or routers that had never had the same name listed in the report.

Phantom Results and the Six-Fingered Man

Large language model (LLM) AI, such as ChatGPT, has the unfortunate tendency to invent statistics and historical facts that are not based on reality. These are called “hallucinations.” Because LLMs perceive patterns, they may recognize a “pattern” that doesn’t actually exist. This leads them to generate inaccurate data.

AI image generators are also notorious for their failure to produce realistic hands and feet. While a hand with three thumbs and 13 total fingers might be amusing, it shows that AI still has serious limitations. Using its output to put people behind bars is not something law enforcement should be considering.

Call for Experienced Texas Criminal Defense Guidance

If you’ve been accused of a crime, it’s important to know whether or not AI is being used as part of your prosecution.

At Lee & Wood, our criminal defense attorneys can give you the strong, intelligent defense you need. We can protect your rights and stand up for you in and out of the courtroom. Contact us to schedule an appointment to discuss your situation.