Fraudulent Transfer of Motor Vehicle

Posted on | January 24, 2012 | No Comments

Dallas – Plano Criminal Defense Fraud Attorneys

A “fraudulent transfer of motor vehicle” happens when a car is sold or taken without the consent of its owner. This involves car sales, leases, subleases, and property transfers involving cars and other motor vehicles. Section 32.34 of the Texas Penal Code, Title 7 states the following:

1. “Lease” means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle.
2. “Motor vehicle” means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.
3. “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation.
4. “Third party” means a person other than the actor or the owner of the vehicle.
5. “Transfer” means to transfer possession, whether or not another right is also transferred, by means of a sale, lease, sublease, lease assignment, or other property transfer.

A person commits an offense if the person acquires, accepts possession of, or exercises control over the motor vehicle of another under a written or oral agreement to arrange for the transfer of the vehicle to a third party and:

1. knowing the vehicle is subject to a security interest, lease, or lien, the person transfers the vehicle to a third party without first obtaining written authorization from the vehicle’s secured creditor, lessor, or lienholder;
2. intending to defraud or harm the vehicle’s owner, the person transfers the vehicle to a third party;
3. intending to defraud or harm the vehicle’s owner, the person disposes of the vehicle in a manner other than by transfer to a third party; or
4. the person does not disclose the location of the vehicle on the request of the vehicle’s owner, secured creditor, lessor, or lienholder.

Penalties for Fraudulent Transfer of Motor Vehicle

The fraudulent transfer of a motor vehicle is a state jail felony in Texas. If the value of the car fraudulently transferred is in excess of $20,000, you face a third degree felony charge. Under Section 12.34 of the Texas Penal Code, a third degree felony is punishable by imprisonment 2 – 10 years in prison. Depending on the circumstances of your case, in addition to your prison sentence you may be punished by a fine of up to $10,000.

Avoiding Charges of Fraudulent Transfer of Motor Vehicle

The Texas Department of Motor Vehicles requires dealers to keep the following records in regard to any car involved in a sale:

• A copy of the Application for Certificate of Title
• Odometer Disclosure Statement The VTR Form 136
• Bill of Sale
• Retail agreement
• Sales contract
• Copy of the title and any related power of attorney

If you were involved in the sale of a car and were unable to provide certain required documents, there may be issues with what you received from the dealer originally.

Proving that you intentionally sold a car with the intent to defraud the owner or buyer is not always a straightforward affair. Before talking to investigators, contact Dallas – Fort Worth criminal defense attorneys at Clancy & Clancy today.

Hindering Secured Creditors

Posted on | January 11, 2012 | No Comments

Dallas–Ft. Worth Bankruptcy Fraud Attorneys

It’s not unusual for emotions to run high when a bank forecloses your house or a car dealer informs you your car is about to be repossessed. Given the difficult current economic times and the stress of trying to stay afloat, some people intentionally damage, destroy, or sell property that is secured by a creditor or bank. In other cases, a person who can no longer afford car payments might close out their bank account and deposit their savings in a friend’s account. When the car dealership takes action to recover delinquent payments, they can’t legally go after the car owner’s bank account since it’s been closed out.

In these kinds of cases, actions have been undertaken to prevent or hinder a creditor from collecting or securing property they have a claim against. Such actions, however, are illegal. Section 32.33 Securedured Creditors, of the Texas Penal Code states:

• (1)”Remove” means transport, without the effective consent of the secured party, from the state in which the property was located when the security interest or lien attached.
• (2)”Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation.
• (b)A person who has signed a security agreement creating a security interest in property or a mortgage or deed of trust creating a lien on property commits an offense if, with intent to hinder enforcement of that interest or lien, he destroys, removes, conceals, encumbers, or otherwise harms or reduces the value of the property.
• (c) For purposes of this section, a person is presumed to have intended to hinder enforcement of the security interest or lien if, when any part of the debt secured by the security interest or lien was due, he failed:
  • (1)to pay the part then due; and
  • (2) if the secured party had made demand, to deliver possession of the secured property to the secured party.

Depending on the value of the property involved, hindering a secured creditor may be charged as a Class C misdemeanor (involving property valued at less than $20) or a felony in the first degree (involving property valued at $200,000 or more).

Hindering a Secured Creditor and Bankruptcy

Under the terms of § 32.33, it’s also a crime to undertake actions intended to prevent the execution of a lien. It’s also a crime to try and sell secured property in order to collection actions against you. While it may be difficult to sell a home or car with liens against them, selling equipment, appliances, or smaller items during bankruptcy may result in a charge of hindering a secured creditor and charges of bankruptcy fraud. As such, if you plan on filing for Chapter 7 or Chapter 13 bankruptcy, don’t try and transfer or sell property as it could result in a criminal charge of hindering a secured creditor and bankruptcy fraud.

Contact Dallas – Fort Worth Criminal Defense Fraud Attorneys

Proving that you intentionally acted to prevent a creditor from securing property and executing a lien is not always a simply, straightforward matter. If you’ve been charged with hindering a secured creditor, contact Dallas criminal defense fraud lawyers at Clancy & Clancy today.

Dallas White Collar Crimes Attorneys

Posted on | December 22, 2011 | No Comments

In white collar crimes, forgery involves imitating, making, or creating documents in order to deceive others for criminal purposes. In cases involving real estate, banking, or corporate fraud, forgery can involve falsifying documents by changing numbers, altering existing records, or signing someone else’s name on a contract, check, or legal document. Under §32.21 of the Texas Penal Code, attempts to alter, authenticate, or make complete any writing in order to make it appear to be that of someone else who did not actually authorize it, constitutes forgery. Under §32-21, the act of forgery also applies to the creation of documents, the making of coins, seals, stamps, credit cards, badges, trademarks, or symbols associated with certain rights and privileges.

Felonies, Misdemeanors, and Check Forgery

Cases involving forgery range from Class A misdemeanors to third degree felonies. Felony charges are usually reserved for the forgery of money, postage stamps, securities, wills, mortgage documents, or a deed of trust. Depending on the circumstances of a case and the amount of money involved, even though check and credit card forgery can carry a misdemeanor charge, jail time is usually assigned.

Typically, check forgery involves filling in, signing, and cashing in a check that does not belong to you or stealing unsigned checks and using them as if they were yours. In Texas, you don’t have to be the one who stole a check in order to be charged with check forgery. Additionally, if you accept a check you know was stolen, you can be charged with fraud as well. While each case is different, stealing or receiving stolen checks is a Class A misdemeanor punishable by 180 to 2 years in jail and a fine of up to $10,000.

Proving Intent – Not always a Straightforward Matter in Forgery Cases

In order to be convicted of forgery, the prosecution must prove that a defendant knowingly and intentionally acted in such a way so as to mislead or defraud others through his or her actions. While ignorance of the law is not a defense, changing contracts, endorsing a check for a business partner, or adjusting numbers on a report may be honest mistakes or instances of miscommunication. Problems arise when zealous state or federal prosecutors are convinced you’re guilty of forgery based on circumstantial evidence or hearsay testimony of others under investigation or indictment for other criminal offenses.

Contact Dallas – Fort Worth Criminal Defense Attorneys Clancy & Clancy

If you’ve been accused of forgery or are under investigation for forgery, contact Dallas forgery criminal defense attorneys at Clancy & Clancy today. The sooner a criminal defense attorney gets involved on your behalf, the better – even if you haven’t been charged yet. Protect your rights – give us a call today at (214) 247-5044 to schedule a confidential consultation regarding your case.

Prescription Drug Charges – Dallas TX

Posted on | April 19, 2011 | No Comments

To be charged with the illegal possession of prescription drugs or any other prescription drug crime can be a disturbing experience. Most people charged with these types of offenses have never been charged with a crime in their lives and may be unaware that their actions were illegal. It takes the knowledge, skill and experience of a seasoned criminal defense lawyer to advise and defend an individual charged under Texas’ prescription drug laws.

What Are They?

As a society, we are more aware than ever of the dangers of the abuse of prescription drugs like Xanax, Vicodin, OxyContin, Hydrocodone and Percocet. The state has responded by increasing their efforts against the illegal possession of these and similar drugs. Prosecutors often treat these charges as they would illegal drug charges. You may be accused of possession of a dangerous drug or possession of a controlled substance. If you don’t have a valid prescription, possession of any of these drugs may be treated like possession of an illegal drug.

It is, of course, possible to defend against these charges if you had a valid prescription. However, prosecutors sometimes call the validity of a prescription into question. Only a knowledgeable attorney can help you evaluate all your defenses under such circumstances.

We Can Help You

If you have been charged with illegal possession of a prescription drug, prescription fraud, prescription forgery or any other prescription drug crime, you are facing some very serious criminal consequences, including lengthy jail time and fines, if convicted.

We are dedicated to examining all of the evidence in your case carefully so we can advise you on the best strategy for your particular circumstances. We have years of experience with the methods and procedures of the prosecutors and courts where there are charges involving prescription drugs. If you’ve been charged with illegal prescription drug possession or any other prescription drug crime, we will answer your questions and provide clear, objective legal advice. Email Dallas Criminal Defense Lawyers Clancy & Clancy or call (214) 247-5044 to schedule a consultation.

Plea Agreements | DFW Criminal Defense

Posted on | April 5, 2011 | No Comments

If you have been charged with a crime in Texas, chances are, at some point, you will be offered the opportunity to enter a plea agreement to avoid the uncertainties of trial. Every criminal defendant needs to consider the future implications of such an offer before accepting a plea agreement from the prosecution. And only the advice of an experienced criminal trial attorney can take into account all the ramifications such an agreement can have.

What is It?

For instance, you may be offered the time you have already served in jail as punishment for misdemeanors such as theft or assault. At first this sounds like a good offer–you’ve already served the jail time, and you will be released without any additional punishment. But accepting this means there is a final conviction which may never be erased from your criminal record. Every time you apply for a job or credit or for an apartment, it will show up in a background check.

These days employers are using background checks more and more, and a conviction will usually keep an otherwise good person from getting a job for which he or she is qualified. If you are accused of a crime, an experienced criminal attorney should explain the effects of a plea agreement on your criminal record. And remember, not all criminal offense records are eligible to be sealed.

Let Us Fight for You

Sometimes a defendant’s best choice is to fight the charges and seek a not guilty verdict. We have over 40 years of experience in representing people charged with crimes in the plea bargaining phase as well as at trial. We will answer your questions and provide clear, objective legal advice. Call Dallas Criminal Defense Lawyers Tim Clancy & Kevin Clancy at (214) 247-5044 or email us to schedule a consultation.

Petition for Non – Disclosure | Dallas Criminal Lawyers

Posted on | March 22, 2011 | No Comments

We have written a lot in this space about the definitions of various crimes under Texas law and some of the punishments prosecutors regularly seek. But there is a method that can allow a person, under limited circumstances, to keep certain things from being reported on a criminal background check made by a potential employer. To be successful in making a petition for non – disclosure, many variables must be accounted for, but one thing is certain – you must retain the services of an experienced criminal attorney to review all the facts surrounding your situation and then frame the petition in the most favorable way for you.

What is It?

A criminal case can potentially follow you for the rest of his or your life. A criminal record can hinder your future and make it hard for you to move past it. However, Texas allows for certain things to be kept private from criminal background checks performed by potential or current employers, lenders, rental agencies, or other organizations. To do this, you must file a petition for non-disclosure. A petition for non-disclosure, if successful, will make it impossible for many of these organizations to gain access to information about a criminal case.

The process of petitioning for and obtaining an order of non-disclosure is complex. Also, some crimes are not eligible for non-disclosure, and, for some charges, you must wait between two and five years before non – disclosure can be sought.

Experience Counts

If you are considering filing a petition for non-disclosure, there are many factors to consider. But throughout the complex process, the knowledge, skill and experience of the attorneys at Clancy & Clancy will be there to guide and advise you and to help you navigate the procedural maze ahead. We will answer your questions and provide clear, objective legal advice. Email or call Dallas Criminal Defense Lawyers Clancy & Clancy at (214) 247-5044 to schedule a consultation.

Public Intoxication

Posted on | March 7, 2011 | No Comments

The offense of public intoxication is an unusual one in Texas. If you have been charged with public intoxication, you probably have more questions than you have answers. Only an attorney with the knowledge, skills and experience that comes with 40 years of representing people in Texas can begin to help you answer them.

What is It?

In Texas, an individual is arrested for the offense of public intoxication if he or she appears in a public place while intoxicated to such a degree that the person may present a danger to himself or others. Public Intoxication is punishable in Texas as a Class C Misdemeanor. While that sounds relatively harmless, a charge of public intoxication may result in an arrest, a night in jail, a conviction, and a maximum fine of $500. The effect of a conviction on your employment and financial opportunities could be even more serious.

While people are routinely charged with public intoxication in the areas immediately outside bars, restaurants and sporting events, the prosecutors have some difficulty convicting people of the charge when it is challenged at trial by an experienced criminal trial attorney.

Let Us Help You

If you have been charged with public intoxication, you are facing the problems associated with the stigma of a conviction, the possibility of jail time and heavy fines and the future limitations a conviction can place on you. At Clancy & Clancy, we have the experience and training to guide through a successful defense, and we can help you avoid the harshest penalties, the heaviest fines and the other consequences that can come from a conviction on a public intoxication charge. We will answer all your questions clearly and objectively and provide straightforward legal analysis. Call Dallas Criminal Defense Lawyer Clancy & Clancy at (214) 247-5044 or email us to schedule a consultation.

Juvenile Crimes in Texas

Posted on | February 17, 2011 | No Comments

A child charged with committing a crime in Texas faces unique consequences from the criminal conviction to a negative impact on his or her future. Your child deserves the care and concern that comes with over 40 years of experience in the juvenile justice system in Texas.

What is It?

The areas of juvenile practice and procedure are numerous and complex – and more than a little different from what is experienced by adult defendants. The juvenile court system requires and attorney with knowledge of both the Texas Penal Code and the Texas Family Code.

In Texas, a criminally responsible child is a child aged 10–16. It is unusual for a child under the age of 10 to be held criminally responsible. On the other hand, anyone who is 17 or older is treated as an adult by the criminal courts. The juvenile courts handle most children who commit crimes. Alcohol – related crimes are usually handled by the municipal courts. However, if the crime is serious enough, then a juvenile may be tried as an adult.

If your child is facing criminal charges, he or she needs a lawyer. That is true even if you believe your child is innocent. Without the effective assistance and representation of an experienced juvenile justice attorney, your child could be wrongfully convicted. The consequences of a juvenile conviction can be quite serious, including formal probation or being sentenced to the Texas Youth Commission.

We Care and We Can Help

It is unusual for criminal defense lawyers who represent adults charged with crimes to possess the knowledge, skill and experience required to represent children effectively in juvenile court. But the lawyers at Clancy & Clancy have over 40 years experience on both sides of the juvenile justice system. Your child should never plead guilty to delinquent conduct until he or she has the advice of an experienced juvenile justice attorney. We will explore all your child’s defenses. We may be able to reduce the length of punishment. Most of all, your child’s rights need to be protected.

If your child is charged with a crime, your child’s future and freedom are in jeopardy. We will answer your questions and provide clear, objective legal advice. Email us or call Dallas Criminal Defense Lawyers Clancy & Clancy at (214) 247-5044 to schedule a consultation.

Firearms Laws

Posted on | February 4, 2011 | No Comments

As a citizen of Texas, you have the right to bear arms and protect yourself. But, if you break certain laws, you may have this right revoked. The laws regarding carrying concealed firearms in Texas are especially confusing and spread over many varying statutes, case law opinions and opinions provided by the Attorney General. Depending on your prior criminal record, a conviction under Texas’ firearms laws may prohibit you from owning a gun in the future.

What is It?

Violations of firearms law are widely varied. They can range from possessing a sawed off shotgun to illegal weapons sales; from unlawfully carrying a weapon (UCW) to possessing a firearm as a convicted felon; from modification of a semi-automatic to an automatic weapon to carrying a concealed weapon in an airport or other public place. If you are faced with a charge of violating any of Texas’ firearms laws, you need the experience and skill of an aggressive defense lawyer. The criminal defense attorneys at the Law Office of Clancy & Clancy have been defending people in the Dallas-Fort Worth area for more than 40 years, and their understanding of the laws of the ownership and possession of firearms in Texas has protected their clients from the most severe penalties.

Let Us Fight For You

If you have been charged with violating any of Texas’ firearms laws, you are facing the potential of a jail sentence and hefty fines. We have the knowledge and skill to help you avoid the harshest results arising out of a conviction on a wide variety of firearms charges. We will answer your questions and provide helpful analysis. Call Dallas Criminal Defense Lawyers Clancy & Clancy. Visit our website at http://www.dfwcriminallawyer.com or call (214) 247-5044 to schedule a consultation.

Internet Fraud – Dallas TX

Posted on | January 18, 2011 | No Comments

Internet fraud is one of several types of internet crime that has grown steadily with the rapid improvement of technology, the increase of instantaneous communication over the web and the anonymity afforded by the use of false names and identities over the internet. If you have been charged with internet fraud or any other cyber-crime, the knowledge, skill and understanding of an experienced criminal defense lawyer, like the attorneys at Clancy & Clancy, can help you make your case and prove your innocence or successfully reduce or eliminate the jail time and fines that can be associated with a conviction.

What Is It?

There are many types of internet fraud: fraud in internet auctions, non-delivery of merchandise ordered over the internet, credit card fraud, investment fraud, and Nigerian or other foreign government scams. Federal and state authorities recognize that these types of crime are on the rise, and they are cracking down on violators. An experienced criminal defense lawyer knows that there are many opportunities and potential weaknesses in the prosecution’s case that can be used to win a not guilty verdict or to reduce or eliminate the jail time, fines and other consequences of internet fraud charges. But it takes the aggressive, innovative attitude of lawyers like those at Clancy & Clancy to formulate new defenses for rapidly developing areas of criminal law such as internet fraud. We will ask the questions that may not seem obvious, but which can open your case to serious negotation, reduction and/or elimination of the charges.

We Will Fight for You

If you have been charged with internet fraud in Texas, you are facing the potential of a jail sentence and significant fines in addition to restitution. We have the knowledge and skill to help you avoid the most severe penalties, fines and consequences that can come from a conviction on an internet fraud charge. We will answer all your questions clearly and provide legal advice that you can understand and use. Call Dallas Criminal Defense Lawyer Clancy & Clancy at (214) 247-5044 or email us to schedule a consultation.

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