McCarty-Larson Discusses White-Collar Crime

 Friday, October 21st 2022, 4:00 AM

Midlothian, TX, Defense Lawyer McCarty-Larson Helps Define White-Collar Crime

Midlothian, United States - October 21, 2022 /McCarty-Larson, PLLC/

While not an official legal classification of crime, such as felony and misdemeanor, the term “white-collar crime” is a widely accepted term to describe a category of non-violent and financially motivated crimes. Criminal Defense Attorney Robin McCarty, founding and senior partner at McCarty-Larson, is a former law enforcement officer and former Tarrant County Prosecutor and has a multi-faceted perspective used in white-collar criminal defense. 

What is a White Collar Crime?

According to the Texas Penal Code, white-collar crimes involve misappropriating someone else's money or property for financial gain, often through deception. The term “white-collar crime” has been used since around 1940. The term is derived from the button-up shirts with white collars worn by business people who are typically in the position to commit these types of crimes. You do not have to be in a position of wealth or power to have committed the offense.

The Most Common Types of White Collar Crimes

There are different types of financially motivated crimes, but some are more common than others. Here are the most frequently committed white-collar crimes. 

Corporate Fraud

Corporate fraud involves intentionally misrepresenting a company’s financial standing to make it look more profitable and attractive. 

Tax Evasion

Tax evasion is the act of purposefully evading paying taxes by failing to file, falsifying information, or illegally transferring property to avoid tax implications. 

Healthcare Fraud

Healthcare fraud may be perpetrated by those that work in the healthcare system or those that are accessing care in some way. Crimes may include overcharging an insurance provider, charging a provider for services not rendered, or a person using another’s insurance coverage or falsifying records to attain certain types of insurance.

Money Laundering

This crime involves hiding money gained through illegal acts by buying and selling assets to provide a false record of its acquisition. 

Embezzlement

The act of embezzlement occurs when an individual or group takes money from a company or organization.

Additional Crimes Could Include: 

• Bribery
• Insider Trading
• Counterfeiting 
• Kickbacks
• Identity Theft
• Theft of Intellectual Property 
• Mail Fraud
• Wire Fraud
  

Are White Collar Crimes Serious?

Many people think that white-collar crimes are less serious, less aggressively prosecuted, and have lighter penalties. This comes from the belief that it is a victimless crime. However, government and law enforcement officials take these crimes are taken very seriously, and the penalties are often much stiffer than violent offenses. When facing charges, it is critical to speak to a criminal defense lawyer as soon as possible. 

The Penalties for Misdemeanor Offenses

Some white-collar offenses qualify as misdemeanor offenses, largely depending on the amount that was stolen. The penalties range from a fine of $500 for stolen property with a value of $50 or less to Class A misdemeanors involving theft worth $500 to $1,500, which is punishable by a fine of up to $4,000 and jail time of up to 1 year.                    

The Penalties Felony White Collar Offenses       

Since most white-collar crimes involve the use of the internet and electronic communication (interstate commerce), most are charged as federal offenses. Charges range from 2 years in jail and $10,000 to a punishment of 5 to 99 years in prison and a fine of as much as $10,000.

It is Important to Have the Right Defense

A white-collar crime is a serious matter, and law enforcement and prosecutors aggressively pursue those suspected of an offense. Because of this, it is critical to have an experienced defense attorney aggressively defending and protecting the rights of the accused. 

McCarty-Larson PLLC | Criminal Defense Lawyer Midlothian TX

For anyone facing charges related to a white-collar crime, it is important to find the best criminal defense lawyer as soon as possible. Defense attorney Robin McCarty is a former peace officer and former prosecutor who has more than twenty years of industry experience. McCarty and the rest of the expert McCarty-Larson team aggressively protect client rights with skill and compassion. For more information, email contact@mccartylarson.com or contact the office at (972) 775-2100. 

6 Must-Know Facts About Divorce in Texas

 Friday, October 14th 2022, 4:00 AM

Midlothian, TX, Divorce Lawyer Discusses Must-Know Facts About Divorce in Texas

Midlothian, United States - October 14, 2022 /McCarty-Larson, PLLC/

Most people get married with the expectation of staying married. While it is a healthy expectation, it is important to realize that the possibility of divorce is real. Nearly 50 percent of marriages eventually end in divorce.  

No matter the reason for calling it quits, all divorces come with the practical, legal, and financial challenges that come with a dissolution of marriage, explains Midlothian, TX, divorce lawyer McCarty-Larson. Here are 6 must-know facts about getting a divorce in Texas.

There are No Quickie Divorces in Texas

Texas requires a 60-day waiting or “cooling off” period after filing a petition for divorce. During that time, no final order for divorce may be entered into the court record. In some cases, where the divorce is uncontested, and both parties agree on all matters, the divorce may be granted as soon as the 60-day cooling-off period elapses. Most divorces take much longer, however. 

There is No Legal Separation in Texas

In Texas, you are either married or not. The state of Texas does not recognize legal separation, and a couple remains married until legally divorced. This means that even if the couple is living separately, all of the property and debt acquired, regardless of in whose name, remains community property or community debt. This is something that many people do not take into account throughout the divorce process but could help persuade parties to come to reasonable agreements more quickly. 

Texas No-Fault and Fault-Based “Grounds” for Divorce

The state of Texas recognizes no-fault and fault-based divorces. In a no-fault divorce, neither party has to prove that the other’s bad acts were the cause of the divorce. In a fault-based divorce, one or both, and most generally both, provide evidence that the other party’s bad acts are the reason for the divorce. 

No-Fault Grounds for Divorce Include:

• Insupportability of the Marriage (the couple cannot get along, and there is no expectation of reconciliation) 
• Living Apart for 3 or More Years

The Fault-Based Grounds for Divorce Include:

• Cruelty
• Felony Conviction
• Adultery
• Abandonment
• Confinement to a Mental Hospital (for 3 or more years) 

Medical, Phone, and Email Records and Social Media Accounts May Be Used in a Divorce

Social media accounts, emails, and texts often come up as evidence during a divorce. The opposing divorce lawyer can even request the judge order the other party to release their medical records.

Don’t Count on Alimony

While being awarded alimony is possible in Texas family law courts, it is infrequent. In fact, Texas has one of the narrowest spousal support laws in the nation. To qualify for alimony, the marriage must have lasted ten or more years, and the person requesting support must be unable to earn enough to meet their basic needs. 

Legal Representation is a Must

Having a divorce lawyer is not a legal requirement but when you consider the importance of the process and the serious issues that can arise, having legal representation is certainly highly advisable.      

Very few divorces are simple, fast, or amicable. Even if every divorce were all of those things, it would still be important for each party to have a skilled divorce lawyer protecting their interests, as the decisions made during this time have long-lasting repercussions. Divorces are complex, and navigating the legal system is difficult. A divorce lawyer helps ensure the best possible outcomes in a difficult situation. 

McCarty-Larson PLLC | Divorce Lawyer Midlothian TX

Every divorce is stressful, complex, and life-changing, and something no one should navigate alone. Divorce lawyer McCarty-Larson specializes in aggressively protecting client rights with skill and compassion. For more information, email contact@mccartylarson.com or contact the office at (972) 775-2100. 

What to Do if You are Being Accused of Harassment?

 Monday, October 10th 2022, 4:00 AM

Midlothian, Tx, Criminal Defense Attorney Discusses Harassment Charges.

Midlothian, United States - October 10, 2022 /McCarty-Larson, PLLC/

Being charged with harassment is serious and can expose the accused to criminal liability, fines, and even possible jail time. A conviction on one’s record, even if it is a misdemeanor, can have long-term negative effects on many facets of life, including employability. Because of this, it is important to take any formal accusations of harassment, whether it is in the workplace or in one’s personal life, seriously, says Midlothian, TX, criminal defense attorney McCarty-Larson.

What is Harassment? 

When asked about harassment, most people associate the act with sexual harassment. There are, however, non-sexual actions that also constitute harassment. Texas Penal Code § 42.07 defines harassment as “intimidating, threatening, stalking, or otherwise making another person feel unsafe or annoyed.” Depending on the violation, the charge may be civil or criminal, but it must meet the elements of the crime as defined by Texas law. Many actions can be considered harassment, especially if the actions are repeated and can be considered threatening.

Some of these actions include:

• Repeatedly making obscene conversations or requests
• Repeated unwanted contact 
• Excessive phone calls, emails, or texts with intent to threaten, intimidate, alarm, torment, or annoy
• Showing up at a person’s home or place of work uninvited after being told to stop
• Threatening to inflict injury or harm on a person, a family member, or personal property

Because there are many things that could be considered harassment or might be perceived differently by different people, several factors help determine whether an action constitutes harassment. Acts such as threatening harm or making obscene proposals to a minor can elevate a harassment charge to a more serious charge. 

Some of the determining factors include: 

• The victim considers the action threatening
• The perpetrator’s intent in committing the action
• Whether a reasonable person would preserve the action as harassing. 

The Possible Penalties of Harassment in TX

Harassment is a Class B Misdemeanor. For a first-time conviction, a person may receive up to six months in jail and fines of up to $2000. A person may also have a prohibition from a License to Carry a weapon for five years and probation. 

How to Respond to a Harassment Charge

Anyone charged with harassment should immediately stop the behavior or actions at issue. The second step is to contact a criminal defense attorney as soon as possible. When a coworker accuses a coworker of harassment, it begins a rapid chain of events, including talking to potential witnesses and getting a statement from the accused. It is important to get legal advice before speaking to anyone. 

A criminal defense attorney will evaluate the situation and determine all possible defenses against the charges. When a person is charged with harassment, the court must determine whether the conduct at issue was, in fact, harassment or a form of insensitivity. The State must prove that the defendant consciously engaged in actions with the intent to harass the victim. In many cases, this distinction is very difficult to make. A skilled criminal defense lawyer can aggressively defend the case and attain the best possible outcomes. 

McCarty-Larson PLLC | Criminal Defense Lawyer Midlothian TX

For anyone facing harassment charges, it is important to find the best criminal defense lawyer as soon as possible. Misdemeanor defense attorney Robin McCarty, a former peace officer and former prosecutor with more than two decades of experience, and the rest of the expert McCarty-Larson team aggressively protect client rights with skill and compassion. For more information, email contact@mccartylarson.com or contact the office at (972) 775-2100. 

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