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Issuing a Bad Check in Texas

September 25, 2012 By Leave a Comment

If you wrote a check, but your bank did not honor it, either because you did not have sufficient funds or because the bank account was closed, you may be charged with writing a bad check. When facing this type of charge, you want an experienced lawyer who knows the law, and who knows how to work with prosecutors to minimize the consequences of your charge.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, we have nearly 50 years of combined legal experience. We devote our entire practice to criminal defense, handling a wide range of criminal matters. A former prosecutor, attorney Kevin Clancy has worked on both sides of the criminal justice system, and can anticipate the strategies and tactics the state’s attorneys will use to try to get a conviction.

When You Are Charged with Writing a Bad Check

In Texas, issuing a bad check is typically charged as a misdemeanor. You may, however, be charged with a felony if the amount in controversy is substantial. Simply writing a check that is returned because of insufficient funds, though, is not enough to warrant a criminal charge. The Texas statute requires that you knowingly passed a check for which insufficient funds existed. Under the law, you are presumed to know that the check was bad if one of two factors is present: either you had no active account with the bank at the time you issued the check; or you failed to make good on the amount for which the check was written within 10 days of receiving notice that the check was returned NSF.

You can be charged with theft by check if it can be shown that, at the time you wrote a check, you either knew or should have known that you did not have sufficient funds in your account to cover the check. The penalty for the misdemeanor offense of writing a bad check is a fine not exceeding $500.

Contact the Law Office of Kevin Clancy & The Law Office of Tim Clancy

To arrange an appointment with experienced Texas criminal defense attorneys, contact us online at or call 214-740-9955 to schedule a consultation.

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

Filed Under: Criminal Defense, dallas Tagged With: , , , , , , , , , , , , , , , , , , , ,

Leaving a Child in a Vehicle in Texas – The Criminal Consequences

September 10, 2012 By

The hot weather in Texas can pose risk of serious injury or death to a child left unattended in a motor vehicle. Accordingly, the Texas legislature enacted laws providing criminal penalties for such an act. If you have been arrested and charged with violating this statute, you want an experienced lawyer to protect your rights.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, in Dallas, we have nearly 50 years of combined criminal law experience. Attorney Kevin Clancy is a former prosecutor who knows the strategies and tactics the state uses when investigating and prosecuting a criminal case. We will keep you fully informed and involved, advising you of all developments in your case, as well as your options. We will work closely with you to help you take the right steps to protect your future.

The Law Governing Leaving a Child in a Vehicle

In Texas, you can be charged with a criminal offense if you intentionally or knowingly leave a child in a motor vehicle (car, truck, van or other enclosed vehicle) for more than five minutes. The statute requires that you have knowledge that the child is less than seven years of age, and that you know that there is no one in the car over the age of 14 who can watch the child. See Texas Penal Code, Title 5, Chapter 22, Section 10.

Because Section 10 requires intent, you can assert a defense that you acts were unintentional, reckless or simply negligent. You may argue that you reasonably believed the child was at least seven years of age, or that reasonably believed that the minor you left in charge was old enough to meet the requirements of the law.

Leaving a child unattended in a car is a Class C misdemeanor in Texas, with potential fines up to $500.

Leaving a child unattended in a car can also lead to separate charges of neglectful supervision. A charge of neglectful supervision simply means that you did not adequately supervise your child. This can include a variety of situations, including placing the child in a position where they do not have the level of mental or physical development to provide for their own safety. It can also involve knowingly placing them at risk of harmful sexual conduct.

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.

Filed Under: Criminal Defense, dallas, misdemeanors Tagged With: , , , , , , , , , , , , , , , , , , , ,

Misapplication of Fiduciary Property or Property of a Financial Institution

August 28, 2012 By

Have you or someone you know been accused of or charged with the misappropriation or misapplication of funds or property entrusted to them? Have you been charged with using trust property for your own benefit, or with treating estate or other property as if it was your own? Texas has broad laws governing the use of property by a fiduciary. The charges can range from a Class C misdemeanor to a first degree felony, based on the amount or value of property that is “misapplied.” If you are under investigation for or have been charged with misapplication of fiduciary property, you want an experienced and knowledgeable 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 legal experience to people in and around the Dallas-Fort Worth Metroplex who face criminal charges. We will aggressively protect your constitutional rights, conducting a full investigation of the facts and circumstances of your arrest, to make certain police and prosecutors followed 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 on Misapplication of Property

If you are a fiduciary in Texas, or have access to funds or property of a financial institution, you can face criminal charges for “misapplication” of funds or property entrusted to you. The statute applies to trustees, guardians, administrators, executors and conservators, as well as individuals who have been given a power of attorney. You can also be charged if you are an officer, manager, employee or agent of a fiduciary.

The definition of “misapply” is fairly broad under the statute. You can be charged if you have acted in violation of an agreement, such as a trust document. You can also be charged with your actions are contrary to existing laws governing the custody or disposition of property for which you are a fiduciary.

An effective defense to a charge of misapplication of fiduciary property is the lack of intent. The statute is designed to punish intentional, knowing or reckless misapplication of property. If you can show that the improper use or application of the property was the result of mere negligence, the statute does not apply.

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.

Filed Under: Criminal Defense, dallas, Felony crime, misdemeanors Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Engaging in Deceptive Business Practices in Texas

July 31, 2012 By

Have you been arrested for or charged with engaging in deceptive business practices in Texas? In recent years, faced with increasing complaints from consumers, Texas prosecutors and law enforcement authorities have allocated significant resources to pursuing criminal action against individuals alleged to have engaged in fraudulent or deceptive business practices. If you have been caught in their net, even though you run a clean operation, you want an experienced attorney to protect your rights.

At the Law Office of Kevin Clancy & The Law Office of Tim Clancy, we bring nearly 50 years of combined legal experience to people in and around the Dallas-Fort Worth Metroplex. We focus our practice exclusively on criminal defense, handling a broad range of criminal matters. Because attorney Kevin Clancy served as a prosecutor before opening our practice, we understand how the state prepares and presents a criminal case, and can anticipate the tactics they will employ to try to get a conviction.

Protecting You against Deceptive Business Practices Complaints

Many of the prosecutions involving allegations of deceptive business practices involve individuals and companies providing home construction, repair or remodeling services. If you enter into an agreement to provide these types of services and take any kind of a down payment, you can suddenly find yourself facing criminal charges, if controversies arise or if there are delays in construction or delivery.

Texas has extensive laws designed to protect consumers from fraud or deceptive practices. If you have been charged or are under investigation for violation of the Deceptive Trade Practices laws, you should take the following measures:

  • Hire an experienced attorney as soon as possible
  • Exercise your right to remain silent—Police may want to question you. You don’t have to answer their questions, but may exercise your constitutional right to remain silent. You can also ask to have your attorney present before answering any questions.
  • Demand to see a warrant before allowing police to search your home or your car.

Contact the Law Office of Kevin Clancy & The Law Office of Tim Clancy

To arrange an appointment with experienced Texas criminal defense attorneys, contact us online at or call 214-740-9955 to schedule a consultation.

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

Filed Under: Criminal Defense, dallas, Deceptive Business Practices, white collar crime Tagged With: , , , , , , , , , , , , , , , , , , , , , ,

Evading Arrest or Detention in Texas

July 3, 2012 By

Have you been arrested and charged with evading arrest or detention in Texas? Are you uncertain of your rights, concerned about the potential penalties? Do you have questions or concerns about the potential defenses you might raise? This blog outlines the provisions of the Texas law governing evading arrest or detention, and identifies potential defenses. To protect your rights, you want to talk with an experienced criminal defense lawyer.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, we provide 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 Law in Texas

Under Section 38.04, the Texas Penal Code makes it a violation of law to “intentionally flee” from someone that you know is a peace officer lawfully trying to arrest or detain you. As a general rule, evading arrest or detention is a Class B misdemeanor, with the punishment not to exceed 180 days in jail or a fine of $2,000, or both. There are exceptions, however:

  • If you use a vehicle to flee or evade arrest, and you have not prior convictions for evading arrest or detention, you may be charged with a state jail felony
  • If you use a vehicle and have been previously convicted for evading arrest or detention, you may be charged with a felony of the third degree
  • If someone else suffers bodily injury because of the peace officer’s attempt to apprehend you, you may be charged with a third degree felony

Defenses You Can Raise

The crime of evading arrest or detention requires intent, i.e., that you knew or should have known the person attempting to apprehend you was a peace officer. You can argue that you reasonably believed that the person was not a peace officer. You can also assert that you were u unaware that the peace officer was seeking to arrest or detain you, and that your attempt to leave the scene was for other reasons.

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.

Filed Under: Criminal Defense, dallas Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , ,

Unlawful Possession of a Firearm in Texas

June 19, 2012 By

Have you been arrested or charged with unlawful possession of a firearm in Texas? Are you uncertain what the potential consequences will be, as well as any defenses you may legitimately raise? This blog posts identifies the situations where you can be charged with unlawful possession of a firearm in Texas. If you are facing prosecution for this offense, you want an experienced criminal defense attorney to protect your constitutional rights.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, in Dallas, we bring nearly 50 years of combined criminal law experience to 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.

When You May Be Charged with Unlawful Possession of a Firearm

    There are a number of instances where you can face prosecution in Texas for unlawful possession of a firearm:

  • As a convicted felon—Pursuant to Section 46.04 (a) of the Texas Penal Code, a person convicted of a felony may not possess a firearm for a period of five years after conviction. After the five year period, a convicted felon may only possess a firearm in his or her own home.
  • As a person convicted of domestic violence—Under Section 46.04 (b), if you have been previously convicted of a Class A misdemeanor involving a member of your family or household, you may not possess a firearm within five years of the date of release from confinement, or from community supervision following your conviction.
  • If you are the subject of a protective or restraining order—If you are currently under a restrictive order, either through criminal or family law proceedings, you may not possess a firearm as long as the order is in place. Texas Penal Code Section 46.04 (c).

If you are charged with being a convicted felon in possession of a firearm, you will be charged with a felony. All other charges of unlawful possession of a firearm are Class A misdemeanors.

Defenses to a Charge of Unlawful Possession of a Firearm

To convict you on a charge of unlawful possession, prosecutors must show that you intentionally or voluntarily possessed the weapon. Texas courts have ruled that either direct or circumstantial evidence can be used to meet this requirement. Accordingly, even though you never held a weapon in your hand, you may be charged, if the evidence supports intent or volition.

Defenses that can be raised include:

  • Sufficient evidence to show that you did not knowingly or intentionally have the firearm in your possession
  • Evidence that shows that you reasonably believed that your act was not a violation of the law
  • That your possession of the firearm stemmed from necessity (that you reasonably believed you were in immediate danger of serious bodily harm)

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.

Filed Under: Criminal Defense, dallas, firearms laws Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , ,

Unlawfully Carrying a Weapon in Texas

May 22, 2012 By

Have you been charged with unlawfully carrying a weapon in Texas? Are you unsure of the potential ramification of such a charge? Do you have questions or concerns about what potential defenses you might raise? This blog post sets forth the provisions of the statute, and identifies the sanctions, as well as some defenses you might be able to make. If you have been charged with unlawfully carrying a weapon in Texas, you want an experienced lawyer to protect your rights.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, in Dallas, we bring nearly 50 years of combined criminal law experience to 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 Law Governing Carrying Weapons in Texas

According to Section 46.02 of the Texas Penal Code, you have violated the law if you intentionally, knowingly or recklessly carry a handgun, illegal knife or club, either on or about your person. A “club” is further defined by the law to include any instrument that is “specially designed, made or adapted for the purpose of inflicting serious bodily injury or death,” and includes blackjacks, nightsticks, maces and tomahawks. An illegal knife can include:

  • Any knife with a blade longer than 5 ½ inches
  • Any hand instrument designed to cut or stab another by being thrown
  • A dagger, bowie knife, sword or spear

The statute further identifies the specific places where a person may not carry a weapon. These include:

  • On the premises of a school or educational institution, or in any passenger transportation vehicle of a school or education institution
  • On the premises of a polling place on the day of an election
  • On the premises of court or government offices used by a court
  • At a racetrack
  • In a secured area at an airport

If you are charged with unlawfully carrying a weapon while on the premises of a facility that sells alcoholic beverages, you will be charged with a first degree felony. Otherwise, the charge is a Class A misdemeanor.

Defenses to a Charge of Unlawfully Carrying a Weapon

The statute sets forth a number of valid defenses:

  • The discharge of your official duties as a member of armed or state military forces
  • On your own property
  • Traveling
  • Engaged in lawful hunting, fishing or en route to these activities, and the weapon is typically used for hunting or fishing
  • You hold a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies
  • You have a valid license to carry a concealed handgun
  • You are the holder of an alcoholic beverage permit

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.

Filed Under: Criminal Defense, dallas, firearms laws Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , ,

Refusal to Execute Release of Fraudulent Lien or Claim

May 8, 2012 By

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.

Filed Under: Criminal Defense, dallas, Fraud Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Hindering Apprehension or Prosecution

April 24, 2012 By

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.

Filed Under: Criminal Defense, dallas, misdemeanors Tagged With: , , , , , , , , , , , , , , , , , , , ,

Failure to Report a Felony in Texas

March 27, 2012 By

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.

Filed Under: Criminal Defense, dallas, Felony crime Tagged With: , , , , , , , , , , , , , , , , , ,
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