Refusal to Execute Release of Fraudulent Lien or Claim

Posted on | May 8, 2012 | No Comments

If you have performed work on a construction project, and executed a lien against the property, you can find yourself facing criminal charges if you fail to release the lien, or if the lien is considered to be fraudulent. Texas has specific laws governing the refusal to release a fraudulent lien or claim. The offense is considered a misdemeanor, and can result in a significant fine.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, our attorneys offer almost 50 years of combined legal experience to people in and around the Dallas-Fort Worth area who face criminal charges. We will aggressively protect your rights, conducting a full investigation of the facts and circumstances of your arrest, to make certain police and prosecutors followed constitutional procedure when obtaining evidence. Attorney Kevin Clancy is a former prosecutor who knows firsthand how the state prepares and presents criminal cases. We know what to anticipate, and can help you take proactive measures to protect your rights.

The Texas Laws Governing Refusal to Execute a Release of a Fraudulent Lien

Under Texas law, you have 21 days from the receipt of actual or written notice of request to release a fraudulent lien or claim to honor the request. The request may come from the debtor or person ostensibly obligated on the claim, or from any person who owns any interest in the real or personal property described in the document, or upon which the lien or claim is purportedly made. If you fail to take the necessary steps to release the lien within the 21 day period, the law considers you to have intent to defraud.

Because refusal to execute release of fraudulent liens or claims is a crime of intent, if you can show that your failure to release the lien was merely negligent, or that you had no actual or constructive notice of the request, you can assert the lack of intent as a defense.

Contact Our Office

For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call 214-740-9955.

Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.

Hindering Apprehension or Prosecution

Posted on | April 24, 2012 | No Comments

Are you facing charges of hindering apprehension or prosecution under the provisions of the Texas Penal Code? There are defenses you can raise. This blog post provides an overview of the law, as well as defenses you may assert. If you have actually been charged with hindering apprehension or prosecution, you want an experienced lawyer to protect your interests.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, we have protected the rights of people across the Dallas-Fort Worth Metroplex for almost 50 years combined. Kevin Clancy, a former prosecutor, has firsthand knowledge of the methods by which the state gathers evidence and prepares a criminal case. We can anticipate their actions and help you take preemptive measures to protect your rights.

The Texas Law Regarding Hindering Apprehension or Prosecution

The Texas Penal Code, in Section 38.05, makes it a violation of the law to engage in certain intentional acts for the purpose of hindering the arrest, prosecution, conviction or punishment of another person, including the detention, adjudication or disposition of a minor charged with delinquent conduct. The prohibited actions include:

• Harboring or concealing the subject of the arrest or detention
• Providing a means of escape, or aiding in the escape of such a person
• Warning another of their impending discovery or apprehension

Hindering apprehension or prosecution is customarily charged as a Class A misdemeanor, with penalties of up to one year in jail and/or $4,000 in fines. However, if the person you are protecting or whose apprehension or prosecution you are hindering has been charged with or convicted of a felony, you can also be charged with a felony.

Defenses to a Charge of Hindering Apprehension or Prosecution

Section 38.05 specifically states that it is a defense to prosecution for this crime if any warning you gave to a party was in an attempt to bring them in compliance with the law (to turn themselves in, essentially). In addition to the statutory defense, because the crime requires intent, you can argue that you reasonably had no knowledge that the person was being sought for arrest or detention, or was the subject of a criminal prosecution.

Contact Our Office

For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call 214-740-9955.

Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.

Failure to Report a Felony in Texas

Posted on | March 27, 2012 | No Comments

In Texas, if you are a witness to a felony, you cannot simply pretend you didn’t see it or have knowledge that it occurred. The Texas legislature has made it a crime to fail to report a felony. The law was enacted in 2003, and authorizes the state to charge you with a Class A misdemeanor. This blog outlines the elements of the offense, and identifies potential defenses. If you have been charged with failing to report a felony in Texas, you want an experienced lawyer to protect your interests.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, we offer nearly 50 years of combined criminal law experience, protecting the rights of people across the Dallas-Fort Worth Metroplex. Kevin Clancy, a former prosecutor, has firsthand knowledge of the methods by which the state gathers evidence and prepares a criminal case. We can anticipate their actions and help you take preemptive measures to protect your rights.

The Texas Law on Failure to Report a Felony

Under Section 38.171 of the Texas Penal Code, you can be charged with failing to report a felony if you witness the commission of a felony, and the circumstances are such that a reasonable person would have believed that an offense had been committed that would result in serious bodily harm or death, and you fail to report the crime. The statute requires that you immediately report the offense to a peace officer or law enforcement agency. As a Class A misdemeanor, the charge can carry a penalty of not more than one year in jail and/or a fine of up to $4,000.

Defenses You Can Raise

It is a defense to a charge of failing to report a felony that you reasonably believed that someone else had already reported the incident to a peace officer, or to a law enforcement agency. You are also exempted from the requirement to immediately report the felony if you reasonably believed that doing so would place you in danger of serious bodily harm or death.

Contact Our Office

For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call 214-740-9955.

Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.

Making a Firearm Accessible to a Child

Posted on | March 13, 2012 | No Comments

It can be your worst nightmare to have a child accidentally get their hands on a firearm. You may be stunned, however, to find yourself facing criminal charges in such a situation. The Texas legislature has set forth specific instances where an adult may face criminal penalties for making a firearm accessible to a child. This blog post provides an overview of the law, as well as the defenses you can raise if you face prosecution. Regardless, when you have been charged with a crime, you want an experienced lawyer to protect your constitutional rights.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, in Dallas, our partners have nearly 50 years of combined criminal law experience, representing individuals across the Dallas-Fort Worth Metroplex. Attorney Kevin Clancy, a former prosecutor, knows the strategies the state employs when investigating and arguing a criminal case. We will work closely with you to take all available preemptive measures to minimize the consequences of an arrest, and obtain acquittal or dismissal of the charges.

The Provisions of the Law

In Texas, it is a violation of law when you allow a child to gain access to a readily dischargeable firearm because of your negligence. The statute defines criminal negligence to include:

• A failure to properly secure or lock up the firearm
• Leaving the firearm in a location that you knew or should have known the child would have access

Under the law, a child includes any person younger than 17. “Readily dischargeable” simply means that the gun be loaded, though there need not be a round in the chamber. The law requires that the person owning or possessing the firearm take reasonable steps to prevent access by children, such as locking the gun in a cabinet or container, or rendering the firearm inoperable, either through removal of the firing pin, the use of a trigger lock, or other means.

If the child actually discharges the firearm and causes serious injury or death, you can be charged with a Class A misdemeanor. In all other circumstances, you will be charged with a Class C misdemeanor.

Your Defenses to a Charge of Making a Firearm Accessible to a Child

In defense, you may argue that:

• The child was supervised by anyone over the age of 18, and was being used for hunting, sporting or other lawful purposes
• The child was using the weapon to lawfully defend himself or herself
• The child gained access to your property in violation of the law

Contact Our Office

For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call 214-740-9955.

Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.

Resisting Arrest, Search or Transportation in Texas

Posted on | March 13, 2012 | No Comments

When a police officer in Texas attempts to arrest, search or transport you, and you use any type of force to resist, you may find yourself facing additional criminal charges. The Texas legislature has enacted specific provisions to deal with these circumstances. This post briefly identifies the elements of the offense, as well as the potential consequences. If you have actually been charged with resisting arrest, search or transportation, you want an experienced and aggressive lawyer to protect your rights.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, we offer almost 50 years of combined criminal law experience, protecting the rights of people across the Dallas-Fort Worth Metroplex. Kevin Clancy, a former prosecutor, has firsthand knowledge of the methods by which the state gathers evidence and prepares a criminal case. We can anticipate their actions and help you take preemptive measures to protect your rights.

What Constitutes a Violation of the Law

Under Section 38.03 of the Texas Penal Code, it is illegal to intentionally use force to prevent or obstruct that you know is a peace officer from making an arrest, conducting a search or transporting you. It is also a violation of the law if the person against whom you use force is in the presence of a peace officer and acting under the peace officer’s direction. For purposes of the statute, it does not matter whether the arrest or search was legal. You are still prohibited from using force to impede the officer.

In most instances, a charge of resisting arrest, search or transportation will be a Class A misdemeanor. However, if you use a deadly weapon to resist a peace officer, you can be charged with a third degree felony.

Defenses to a Charge of Resisting Arrest, Search or Transportation

Because the statute requires intent, you can always assert that your actions were either reckless or negligent. You may further argue that you reasonably believed that the person was someone other than a peace officer.

Contact Our Office

For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call 214-740-9955.

Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.

Bail Jumping and Failure to Appear in Texas

Posted on | February 27, 2012 | No Comments

If you have been arrested and released on bail in Texas, you are required by law to appear at all schedule court hearings. Even if you don’t have to post bail to secure your release, if you fail to appear, you can be charged with a criminal offense under Section 38.10 of the Texas Penal Code. This blog post sets forth the provisions of the Texas statutes governing bail jumping and failure to appear, as well as potential defenses you may assert. If you have been charged with bail jumping and failure to appear, you want an experienced lawyer to protect your rights.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, our attorneys have nearly 50 years of combined criminal law experience, protecting the rights of people across the Dallas-Fort Worth Metroplex. Kevin Clancy, a former prosecutor, has firsthand knowledge of the methods by which the state gathers evidence and prepares a criminal case. We can anticipate their actions and help you take preemptive measures to protect your rights.

The Texas Laws on Bail Jumping and Failure to Appear

In Texas, if you have been lawfully released from custody, with or without bail, you must appear in court in compliance with the terms of your release. If you intentionally or knowingly fail to appear, you can be charged with bail jumping or failure to appear under Section 38.10. In most instances, you will be charged with a Class A misdemeanor, with the possibility of up to a year in jail and a fine of up to $4,000. If the offense that you were originally charged with was punishable by a fine only, you may only be charged with a Class C misdemeanor. If, however, the offense with which you were charged was a felony, your failure to appear will also be charged as a felony.

Defenses You Can Raise

The statute includes two specific defenses to a charge of bail jumping or failure to appear:

• You can assert that the appearance was incident to parole, community supervision or an intermittent sentence.
• You can argue that you had a reasonable excuse for your failure to appear, such as hospitalization or the breakdown of your vehicle on the way to the hearing.

In addition to the statutory defenses, you can also argue lack of intent or lack of knowledge, but you must provide proof that you reasonably lacked knowledge or intent.

Contact Our Office

For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call 214-740-9955.

Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.

Credit Card Fraud

Posted on | February 7, 2012 | No Comments

Dallas – Fort Worth Credit Card Fraud Attorney

Credit card fraud is covered under Section §32.31 of the Texas Penal Code and can happen in any of the following ways:

• The use of a stolen or fraudulently obtained credit card to make purchases not approved by the card’s original owner
• The use of a credit card that has expired or is used to make purchases that exceed the card owner’s line of approved credit
• Accepting a credit card for the purchase of items when you know the credit card used is stolen

Credit Card Fraud in Texas – The Penalties Involved if Convicted

In general, punishments for credit card fraud vary depending on your criminal record and the circumstances surrounding your crime. Additionally, Texas gun enhancement laws that increase the severity of a crime if the accused had or used a gun at the time of the commission of a crime.

At a minimum, however, if convicted for credit card fraud you face a fine of not more than $10,000 and a minimum of between 180 days to two years in jail. In cases where an elderly person is the victim of credit card fraud, the accused could be charged with a felony in the third degree and face two to ten years in prison and a fine of up to $10,000.

Fighting Charges of Credit Card Fraud

If arrested on a charge of credit card fraud, prosecutors will likely try to link you to other charges made with the stolen credit card in question. They may have video footage from store cameras they claim show you using the card at the check out. If items were bought over the Internet, they will try to associate your IP address with the computer from which the online purchases were made.

Here, however, a number of problems arise. First, video footage from store surveillance cameras is notoriously grainy and of poor quality. Secondly, even if the IP address from which online purchases were made traces back to your computer (or one you had access to), that doesn’t mean you were the person using the computer at that time.

Accused of Credit Card Fraud? Contact Clancy & Clancy

If you’ve been accused of credit card fraud, contact Dallas – Fort Worth credit card fraud attorneys at Clancy & Clancy today. We can review the specifics of your case and discuss the options available to you during a completely confidential consultation.

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.

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