Those prepaid cell phone cards are a real boon to people who like to pay as they go, not thinking that full regular service is really necessary or worth the expense. Cell phone users just shell out the amount they want to pay and get on with their lives and making their calls. Depending on the cost of the card, it will provide a user with a variety of choices for time limits.

As the cell phone is used, the minutes are reduced until the card is done. So far, so good. This is a useful service for many people and the way to really save money with these cards is to compare the per-minute rate and also the other charges and fees. This is where things start to get a tad murky. The other charges and fees add up and may mean you’re paying for things you do not need to be paying for in the first place.

The deal is usually that the card company promotes the fact they have one of the lowest costs per call and are happy to help customers save money. This isn’t always the case, and these “less than honest” providers usually have many hidden charges and fees. When your cell phone is activated, a customer starts paying a large fee to keep that account active. Usually called monthly maintenance fees, these may cost anywhere from less than a dollar to up to five dollars.

While that does not add a substantial amount to the card, some of the other practices calling card providers charge, do add up. For instance, there are a plethora of different fees charged to a user for making international phone calls. Some providers will even charge for not only using the prepaid card on a cell phone, but also charge to use it on a pay phone.

For people who buy prepaid cards for their cell phones before they go on holidays, hoping to save a few bucks here and there, they are in for a surprise. Most people are not aware that every time they use their prepaid card on a cell phone, they are incurring extra charges.

If that isn’t bad enough, some prepaid calling card companies will charge a customer to start a call and to end a call. The size of that phone bill would be phenomenal when all those extra, hidden charges are added on. It’s no wonder prepaid calling cards don’t last as long as one thinks they should.

If faced with a suspected case of phone card fraud, approach the company first. If that does not work, then contact the International Prepaid Communications Association hotline and complain. If that fails, contact a local district attorney’s office and ask for the fraud unit. Before buying any prepaid phone card, carefully research all the terms, charges and fees.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

The other term often used for counterfeit products is “pirated” and it refers to products that have been illegally made and are being sold. These knock-offs or bootlegged goods are often regarded as being a great way to save money and really, no one is hurt in the process.

While it is a great way to save money, rather than buy the original, it is definitely infringing on intellectual property rights. It’s not just selling goods in violation of a copyright either, it is selling goods that specifically imply they are original quality and are authentic when they are not.

Counterfeiting has an interesting history. It was once referred to as palming off under English common law, meaning the counterfeiter palmed off a fake as being genuine. In doing this, the fraudster was horning in on the established reputation and goodwill of the original creator.

Many people still refer to counterfeiting as trademark infringement, and while that may be a valid observation, it also refers to all intellectual property rights violations – trade secrets, copyright and patents, etc. Certainly it is regarded as being a devastating crime when perpetrated on a large scale that results in significant financial losses to the creator of the original work, etc.

It’s not just the loss of money that accrues to the original creator of a product that is at issue. The other serious problem that may arise from making and selling counterfeit products is their standard of quality. Consumers buying these sub-standard products may find they bought more than they bargained for if a certain item is defective and an accident is the result.

Having said that, this is a crime and is one where those charged must be accorded the right of a thorough criminal defense. Being charged with counterfeiting does not mean that the person charged was the person responsible for the scam or they were even aware of what they were doing. It’s all in the details of the case, and until all the details are known and the defense heard, judgment needs to be kept in abeyance.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

One of the first things you need to know is that Texas has one of the highest DWI rates in the country, which is not something lawmakers are wildly crazy about. This means the laws dealing with repeat offenders tend to be fairly tough and no nonsense in nature. In cases where you have been charged with a repeat offense, immediately call a lawyer with DWI experience.

If you do happen to be convicted, and this is one of the reasons you want a top-notch DWI attorney on your side – to mitigate penalties, be prepared to be assessed for dependency on drugs or alcohol. If you made the smart move when you were arrested and charged for the second time, your DWI attorney will have a good chance to make a difference in the outcome of your case.

Make sure you do not speak to anyone else but your attorney and keep all the details to yourself. It won’t help your case in the least if you choose to share these things with the police, nor would it help you later if you appear in court. In some instances, depending on the details of your case, you may find you will be required to complete a DWI education course.

If you are convicted of a second DWI, you must spend some time in jail. Once again however, if you hired a knowledgeable DWI attorney, you may find the outcome of your charges are entirely different.

Yes, you may also face license suspension, but you do have the opportunity to apply for an occupational license that lets you get to work or school. Of course, whether or not this happens also tends to depend on what kind of driving record and/or rate of convictions for DWI you may have.

If you are arrested for drunk driving for a second time, make your first call to a qualified DWI attorney and then wait for him or her to arrive. Only speak to them and let them handle the details. It’s entirely possible they may be able to have your charges dismissed or reduced.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

While it’s an interesting attitude, to rip off a larger corporation for money that people don’t think they need, it is indeed hurting people. After all, it’s not just the companies that are getting ripped off; it’s the people who these large corporations ultimately serve that are also getting the short end of the stick.

Insurance scams in the US alone run a tab of roughly $80 billion a year. Eighty billion is not exactly chump change to anyone. Even if this figure is whittled down to what this costs per individual served by an insurance company, the figure is still relatively high, coming in at about $880 per person.

The funny thing is, those who are ripping off the system for extra money, are also scamming themselves as well. So, while they may think they are getting away with something smart and profitable, it often works out that isn’t the case. It certainly isn’t the case when they inevitably get caught either.

Unfortunately, due to rapid advancements in technology, insurance frauds are getting harder and harder to catch. This may be a boon to those who perpetrate this type of crime, but be forewarned that methods to track this type of fraud are also growing by leaps and bounds.

The most common type of insurance fraud is found in the health care system and that comes with a tab of about $30 billion a year. In this area there are provider fraud and member fraud. Let’s take a quick look at what member fraud may involve. This would be when you choose to deceive your insurance company by not declaring something in order to get treatment. Provider fraud is if a doctor or another health professional bills for a service they did not provide.

The bottom line here is that insurance fraud is illegal and the penalties tend to be stiff when someone is caught and convicted of this crime. However, having said that, everyone, no matter what they have been accused of, is entitled to a criminal defense. Just because they may have been charged with billing for services they didn’t render does not mean they were the responsible party for doing so, nor does it mean they were aware this was happening. Beware of judging a situation before you know all the details.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Being able to search online for an active arrest warrant certainly gives new meaning to the term “too much information.” Imagine finding out that the traffic ticket which was never paid way back when, went to a bench warrant. Now this could be a blessing or a curse, depending on your point of view, as the police have the same information.

This means that if a person thinks they have an outstanding ticket and wants to deal with it and get it off his or her driving record, they need to know the status of the ticket. “Finding this out online will avoid the inevitable arrest if courthouse records are searched instead,” said Wannamaker.

There doesn’t have to be a lot of money spent to find out if there are outstanding tickets either. Many of the online search sites happen to be free, so don’t be attracted to the expensive sites that charge for searching a police site; when for zero investment, another site will provide the same information.

Taking this kind of search one step further, it is not too difficult to imagine that in the future the general public will be able to search for even more information than just online warrants. In fact, even today there are some sites that will allow people to search for arrests and convictions.

“This kind of information floating around on the Internet is a major concern to attorneys who realize this is a direct violation of a person’s right to privacy,” indicated Wannamaker. The biggest concern is that the records may not be up-to-date, and there is no guarantee of accuracy either. “It doesn’t take too much of an imagination to see what might happen if an online site has an outstanding warrant for a particular offense (say for instance, unpaid traffic tickets) but not the updated fact that the offender paid the fine two weeks ago,” explained Wannamaker.

This whole area of criminal information, charges, dispositions, etc. on the Internet is highly controversial and many attorneys would rather this kind of information be kept away from the general public who has no experience in correctly interpreting the charges or the disposition of them.

“As with anything dealing with the legal system, everything is relative to the circumstances of the case and any criminal defense attorney with extensive experience in this area will tell you a case may change on the drop of a dime,” added Wannamaker.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

It’s a slightly simplified explanation of the differences in how a crime is charged to say there is a crime, and then an aggravated version of the same crime. This term is bandied quite often on TV when the cops and attorneys get their heads together to figure out what to charge the perpetrator with and how “aggravating” the crime was in totality.

Aggravating is living with your ex spouse, but aggravating in reference to a crime is something different. There needs to be certain factors present in order to charge a crime as an aggravated one; say aggravated assault, for instance.

“The factors that need to be present may include whether or not there was a dangerous weapon involved, if there was a threat to use a dangerous weapon, and if bodily harm was caused as a result of the crime in question, etc,” explained Daniel H. Wannamaker, board certified criminal defense attorney of Wannamaker and Associates, an Austin law firm with offices in Dallas and Houston.

“The factors are what “converts” a regular crime to an aggravated crime, and while that may sound simple enough on the surface, it rarely is,” said Wannamaker, who would definitely know what he is talking about, since he deals with many cases such as this on a regular basis. There may be the crimes of aggravated assault, aggravated battery and even aggravated murder. “Although having said that, what makes a murder an aggravated one is slightly different,” added Wannamaker.

In cases of aggravated murder, not only do the factors mentioned earlier apply, but also the key to the charge being changed from murder to aggravated murder has to do mainly with the location and situation of the murder. “The best example I can think of in this instance is the murder of an inmate by another prison inmate, while in prison. The location makes the charge aggravated murder,” explained Wannamaker.

Generally speaking most aggravated crimes tend to have higher penalties attached to them; however, each case is different and involves different factors. “If you’re in a situation where you have been charged with an aggravated crime, call me, we need to talk about your options,” said Wannamaker.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“Aggravating factors that need to be present may include whether or not there was a dangerous weapon involved, if there was a threat to use a dangerous weapon, and if bodily harm was caused as a result of the crime in question, etc,” explained Daniel H. Wannamaker, board certified criminal defense attorney of Wannamaker and Associates, an Austin law firm with offices in Dallas and Houston.

“The factors are what “converts” a regular crime to an aggravated crime, and while that may sound simple enough on the surface, it rarely is,” said Wannamaker. So, there may be the crimes of aggravated assault, aggravated battery and even aggravated murder. “Although having said that, what makes a murder an aggravated one is slightly different,” added Wannamaker.

In cases of aggravated murder, the key to the charge being changed from murder to aggravated murder has to do with the location and situation of the murder. “For instance, the murder of an inmate by another inmate, while in prison. The location makes the charge aggravated murder,” explained Wannamaker.

Generally speaking, most aggravated crimes tend to have higher penalties attached to them; however, each case is different and involves different factors. “If you’re in a situation where you have been charged with an aggravated crime, call me, we need to talk about your options,” said Wannamaker.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

This means if a person thinks they have an outstanding ticket and wants to deal with it and get it off his or her driving record, they need to know the status of the ticket. “Finding this out online will avoid the inevitable arrest if courthouse records are searched instead,” said Wannamaker, “which is good; however, if the records are not up-to-date, that’s a problem.”

It is not too difficult to imagine that in the future the general public will be able to search for even more information than just online warrants. Even today there are some sites that will allow people to search for arrests and convictions and other information.

“Information like that floating around on the Internet is a major concern to attorneys who realize this is a direct violation of a person’s right to privacy, even if they have committed a crime and are doing or have done time for it,” indicated Wannamaker.

“It doesn’t take too much of an imagination to see what might happen if an online site has an outstanding warrant for a particular offense (say for instance, unpaid traffic tickets) but not the updated fact that the offender paid the fine two weeks ago,” said Wannamaker.

“As with anything dealing with the legal system, everything is relative to the circumstances of the case and any criminal defense attorney with extensive experience in this area will tell you a case may change on the drop of a dime,” added Wannamaker.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

To begin with, the most serious crime in the U.S. and other places is murder, often punishable by death or life without parole, depending on the state where the murder took place. Having said that, if a death cannot be classified as a murder it is usually considered to be a form of manslaughter and does not get the same kind of severe penalties.

“What puts murder on a different page is the mental status of the offender,” said Daniel H. Wannamaker, of Wannamaker and Associates, an Austin, Texas law firm with offices in Dallas and Houston. Legally speaking, the mental component (mental state) is referred to as premeditated malice. “You might recognize the phrase in another form often found in crime novels and termed as “malice aforethought,” added Wannamaker. If there is no premeditation prior to the commission of the crime, then the act is usually classified as another form of homicide.

There are usually exceptions to this rule and the major one would be if a death happens during the commission of another felony, e.g. an armed robbery resulting in a death. “Basically the charge of murder results from the facts of the case itself, and each case is unique,” said Wannamaker. If a person knows what the police are booking them for, this makes it easier for a skilled criminal defense attorney to start fact gathering, investigating and sorting out what happened.

How a person is charged directly relates to the facts of the particular case and how the death, if there was one, occurred. This isn’t to say that a lesser offense is “lesser” in terms of penalties or consequences; it simply means the offense is not as great as premeditated murder. “There are many distinctions to be made between murder, manslaughter, involuntary manslaughter, etc.,” explained Wannamaker. Knowing these various distinctions is the attorney’s job and one they are paid well to perform.

If a murder or manslaughter charge is looming on the horizon, don’t waste time thinking about the cost of a criminal defense attorney. Call Daniel H. Wannamaker, of Wannamaker and Associates, an Austin, Texas law firm with offices in Dallas and Houston and ensure justice is served.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

If there is a burglary roughly every 15 seconds in the U.S, think about how many break-ins that represents. That’s a lot of stolen property being hawked someplace, never to be seen again. Sadly, it’s not just burglaries that are on the rise, so are home invasion robberies, which take place when the residents are at home. The old maxim about the home being a man’s safe haven sure is taking a beating these days, when nothing seems to be safe or secure any longer.

Many of the burglaries take place in homes that are not protected by any type of security system, largely because the homeowners don’t feel that anything will happen to “them.” Nothing could be further from the truth, as crime stats show that homes without a security system are two to three times more likely to be targeted for burglary. The funny thing is that there are actually people who do buy a home security system, but leave it turned off.

If a person is charged with a burglary, or home invasion, make it a point to immediately contact a highly skilled and board certified criminal defense attorney such as Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas law firm with offices in Houston and Dallas, Texas. Wannamaker has an extensive track record defending those charged with a variety of criminal offenses and his reputation for wins is second to none.

“Everyone is entitled to a criminal defense, no matter what the circumstances,” outlined Wannamaker. “The fact that a client might have been present at the scene of an alleged burglary is not proof in and of itself that she or he is guilty of burglary, or any other related crime for that matter,” he added.

“Know what you are charged with before calling me, as it saves me having to make extra calls before being able to speak with you,” explained Wannamaker. “Also, if I know what you are being charged with, I have an idea of the requisite elements that need to be present for the police to charge you in that manner. If all the I’s aren’t dotted and the T’s crossed, then I might be able to get the charges dropped,” he added.

Calling a highly skilled criminal defense attorney will be one of the best investments a person could ever make when they are faced with being charged with a criminal offense. With attorneys such as Dallas criminal defense lawyer, Daniel Wannamaker, a person’s fate facing criminal charges is much better than trying to handle something like this without an attorney.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Each case that carries a charge of assault will be different depending on the facts of the case. So before you contact a lawyer to assist you with your case, make sure you know specifically for what you are charged. Knowing this will make your lawyer’s job a lot easier. For instance, depending on how the case is charged, the penalties may range (without mitigation or other intervening circumstances) from 180 days up to 4 years in the hoosegow, depending on the facts of the case.

It’s safe to say that, technically speaking, assault is a crime against a person or persons. Yes, this is pretty vague, but once the case gets to court, the judge will usually expand the definition so the jury (if there is a jury trial) understands the case at bar. For instance, if the charge is assault (bodily contact) on a person without their consent, it is indeed assault. However, having said that, any violent act toward another individual without consent (the defining element) is also assault.

Often the terms assault and battery are partnered up, however, more often than not, battery is really a different kind of assault in a category of its own. In order to distinguish the differences as it pertains to what you are charged with, it’s wise to speak to a highly skilled criminal defense attorney. Give your attorney all the details, holding nothing back, and let them outline what options you may have for the charges you’re facing.

Having a highly skilled criminal defense attorney on your side is a good thing and it may mean a mitigated sentence. Once the attorney has the details of your charges they may be able to offer several options for handling your case – get the charges dropped, reduced, thrown out of court or possibly negotiated into an alternative justice program. The choices of course are ultimately yours once you have consulted with your attorney.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

It used to be that white-collar crime was an occasional, rather unusual kind of event, that people found shameful. Now, with the advent of the computer and other high tech software, programs, etc., the whole landscape of white-collar crime has changed. Computers have made things much easier for those with a criminal mind to fiddle with the books and other things.

Despite the fact that white-collar crime seems to be easier to commit, those who commit it are, by law, entitled to a well thought out criminal defense. They must be accorded that benefit of the doubt, as it is a very basic law of the Constitution that those who stand accused of crimes must be considered to be innocent until they are proven guilty.

White-collar crimes are mostly non-violent and usually involve the use of deception or trickery by a person who is in a position of trust and authority. What usually makes a white-collar crime slightly easier to track is the presence of a paper trail, or an electronic trail that investigators follow to the eventual “end” with the smoking gun. The problem is that just because a certain smoking gun may be an executive’s computer, it does not prove it was “that” executive who committed the trickery.

Further controversy swirls around the actual definition of white-collar crime, with many advocating that it should be defined by the status or occupation of trust the offender has. On the other hand, there is another school of thought that feels white-collar crime needs to be delineated by the offense committed – e.g. racketeering, perjury, computer fraud, etc. Actually, the bottom line would not be the definition of the crime, but whether or not the accused has access to a good criminal defense lawyer.

White-collar crime has nowhere to go but up, thanks to the Internet, which has created a whole new playground for economic crimes to be perpetrated. Apprehension in these instances is usually quite difficult, and proving a particular person is guilty becomes a whole different proposition. If you feel you have been wrongly accused of a white-collar crime, or are about to be charged with one, contact a criminal defense lawyer with experience in this area. That one phone call may keep you out of jail.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Drug trafficking is also called the illegal drug trade and it’s considered to be a serious offense in Texas if someone is caught doing what comes naturally for drug traffickers. The broad definition of “illegal drug trade” is more than just trafficking. “It pertains to growing, selling and distributing any type of illegal drugs,” explained Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

Note the use of the term “any” when referring to the kinds of drugs that are chargeable under Texas laws. “What this really means is that charges are most often dealing with large amounts of drugs,” indicated Wannamaker. If any of these drugs in question has been muled over the border, the penalties increase, not to mention the fact if there are priors in drug related offenses, the court isn’t going to be very lenient if there is a conviction.

Texas is riding herd on drug traffickers and there is one thing we should never forget – people’s rights under the U.S. Constitution. “I’m a criminal defense attorney because I am passionate about people having their rights and freedoms protected,” said Wannamaker.

“Just because someone is charged with a drug offense doesn’t always mean they are guilty. We need to remember the basic foundation of criminal law – Innocent until proven guilty,” said Wannamaker, of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“I’m honestly not sure if making more things that are drug-related into criminal acts is the best way to solve the drug problem, as usually it is linked to personal issues, not the drug itself. In other words, addict’s problems generally started before taking drugs, and then get worse after starting drugs,” opined Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

The drug doesn’t cause the addiction, the personality who takes drugs is already pre-disposed to having addictive behaviors and if it wasn’t drugs, it may be alcohol, gambling, sex or work addictions. In addition, making more laws means more police, more enforcement, more chances for the miscarriage of justice and even greater opportunities for the abuse of human rights under the Constitution.

Think about this as well. “Where will the money for more law enforcement come from when the nation’s deficit is staggering and we’re currently in a nasty recession?” questioned Wannamaker. While it’s a nice gesture to make people think that more aggressive laws and more police on the streets will address the drug problem, the fact is the drug problem has been with us for years. “We’re only seeing more of it thanks to the drastic downturn in the economy,” Wannamaker pointed out.

These days what is illegal and how strict the penalties are for being caught vary from state to state. “It’s a given that things like marijuana, ecstasy and LSD are illegal, but so is taking prescription drugs without a prescription,” added Wannamaker. Yes, there’s a booming business through drug traffickers for prescription drugs, including some highly recognizable painkillers such as Oxycontin, Codeine and Dilaudid.

It’s not just using the drug that is illegal; even possessing certain drugs is considered to be a criminal offence. “Then there is also the offense of trafficking as well,” said Wannamaker. In all of this rush to codify having drugs, using drugs, selling drugs and importing drugs, an important factor usually gets overlooked, either through carelessness or intentionally. “That factor is the right of the person charged to be regarded as innocent until proven guilty,” insisted Wannamaker who knows this fact all too well since he is a board certified criminal defense lawyer.

“We cannot, as a nation, override people’s constitutional rights and assume they are automatically guilty of a crime if they had some “weed” or whatever in their possession. Things are not always what they appear to be, and that is why we have criminal defense attorneys – to defend people’s inalienable rights,” said Wannamaker.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

We should never forget people’s rights under the U.S. Constitution. “I’m a criminal defense attorney because I am passionate about people having their rights and freedoms protected.”

“Just because someone is charged with a drug offense doesn’t always mean they are guilty. I do not give up until my client has an equitable disposition for the their criminal charge,” said Wannamaker, of Wannamaker and Associates, an Austin, Texas, law firm.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamkerlaw.com.

In addition, making more laws means more police, more enforcement, more chances for the miscarriage of justice, and even greater opportunities for the abuse of human rights under the Constitution.

“Where will the money for more law enforcement come from when the nation’s deficit is staggering and we’re currently in a nasty recession?” questioned Wannamaker. The fact is the drug problem has been with us for years. “We’re only seeing more of it thanks to the drastic downturn in the economy,” Wannamaker pointed out.

“Things like marijuana, ecstasy and LSD are illegal, but so is taking prescription drugs without a prescription,” said Wannamaker. Yes, there’s a booming business through drug traffickers for prescription drugs, including some highly recognizable painkillers such as Oxycontin, Codeine and Dilaudid.

“There is also the offense of trafficking as well,” said Wannamaker. In all of this rush to codify having drugs, using drugs, selling drugs and importing drugs, an important factor usually gets overlooked. “That factor is the right of the person charged to be regarded as innocent until proven guilty,” insisted Wannamaker who knows this fact all too well since he is a board certified criminal defense lawyer.

“We cannot, as a nation, override people’s constitutional rights and assume they are automatically guilty of a crime if they had some “weed” or whatever in their possession. Things are not always what they appear to be, and that is why we have criminal defense attorneys – to defend people’s inalienable rights,” said Wannamaker.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamkerlaw.com.

Very few civil cases, with the possible exception of some of the big headliners recently, garner much interest simply because they are not as juicy as a criminal case. Big criminal cases often have a following of “groupies” that will show up in droves at a courtroom so they may watch the drama unfold.

While you might think the cases aren’t that different, in actuality, they are quite diverse. Verdicts and rulings are areas in which you will see a significant difference. Defendants in criminal trials have a lot of things at stake, not the least of which may be their freedom. Criminal trials may also result in some serious types of punishment.

With crimes there are two categories, the felonies (with severe punishments) and the misdemeanors (less severe punishments.) For instance, first-degree murder may receive life without parole or death, depending on which state the crime was committed, etc. On the other hand, generally speaking, misdemeanor charges may result in fines, probation, community service, and/or jail time, etc.

In civil cases, the question isn’t so much culpability, but liability. These cases deal mostly with issues involving personal injury, contract disputes, real estate squabbles, and divorces. The plaintiff sues the defendant to complain of a wrong that was done to them.

In a civil case, the plaintiff is responsible to build a case to show a civil wrong. Getting a verdict in a civil case doesn’t require meeting the same high standards as criminal cases. In civil cases, all the plaintiff has to do is convince the jury it was reasonably possible the defendant was responsible for the complaint. The burden then shifts to the defendant to prove they are innocent.

This is just the tip of the iceberg when it comes to the differences between civil and criminal proceedings, but if you wish to know more, feel free to research it online.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, Wannamakerlaw.com.

Apparently, the problem of drug manufacturing is reaching an all time high in the U.S. and is causing untold social problems including mental, emotional and financial hardships for families caught in the tangled web of addiction. It has apparently gotten the U.S. government so concerned that there are rumors they will find a way to increase the number of law enforcement officers on the streets to fight this crime.

While there may be some people who indulge in drug manufacturing and don’t think twice about the consequences of what they are doing, this does not mean that if an investigation is conducted, the right people are actually charged. “It might also mean the investigation was not done in accordance with people’s rights and freedoms under the U.S. Constitution,” stated Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

“Above all else, the basic right for anyone charged with a criminal offense is the right to be considered innocent until proven guilty. We need to remember this when the police go on drug manufacturing raids and come up with people who may not have known what was going on,” added Wannamaker. In criminal law, things are rarely as they appear and nowhere is it more evident than in the case of drug manufacturing, etc.

While a drug raid may produce evidence of a home-built lab on the premises, it does not necessarily mean the owner of the home is the culprit; it may not be what it appears to be on first glance either. There are too many things that can go wrong when police officers are let loose on the streets to hunt down drug manufacturers.

“Not the least of which is illegally monitoring a person’s power consumption on the premise that they may be running a grow house,” stated Wannamaker, who knows what he’s talking about after having successfully defended such a case. No one is saying there isn’t a drug problem or that drug manufacturing isn’t reaching an all time high.

“What we’re saying (criminal defense attorneys) is that the government needs to proceed with caution and respect the rights of all individuals involved in this process. It is not constitutional to automatically assume someone is guilty and then try and build a case against them later to fit the facts,” said Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

No one really wants to be in a situation where they need a good criminal lawyer, but there are times when things appear to be inevitable and take on a life of their own. Knowing what attributes a first class criminal defense attorney should have is crucial in instances like this.

“A top notch criminal lawyer doesn’t know the meaning of the word quit. They are in the long haul to win. It’s as simple as that,” stated Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas. The lawyer will dig into everything they can lay their hands on; review files until they are dog-eared; and hunt for new information no one else has been able to find. If the criminal defense attorney gets any sleep during a criminal case, it would be mostly of the catnap variety.

First-rate criminal attorneys have a well-known reputation in their community and are well-respected for their accomplishments. Virtually everyone will know their name and what they are capable of doing. “In other words, a good board certified criminal defense attorney’s reputation for winning will precede them,” according to Dallas criminal defense lawyer,  Daniel Wannamaker.

Along with a reputation for being a tenacious bulldog, the top criminal defense attorney in the community will have the experience to back them up. This occupation isn’t for sissies and many outstanding criminal lawyers have spent thousands of hours in the trenches, racking up case victories.

It’s those thousands of hours that will benefit a person charged with a criminal offense. “In some instances, it helps if the lawyer has experience in the particular area where a criminal charge has been laid, but it isn’t always essential,” outlined Wannamaker. The point is that no matter what the charges are, if the lawyer has a solid background defending people in criminal cases, this is the person to call when a criminal charge has been laid, or is about to be laid.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

You’d think with all the postal security in place in the U.S., there would not be any way someone could just coolly walk off with all sorts of mail containing people’s personal information. Security aside, it is rather difficult to track and keep over 668 million pieces of mail daily. Yes, daily. That is a lot of mail sent from one end of the country to the other and back again. Honestly, most of it does get to where it is supposed to go, but unfortunately some of it is lost prior to delivery.

Just last year it appears the mail theft business was a busy one, as U.S. Postal Inspectors managed to arrest over 6,000 suspects. Many of these suspects were accused of pilfering mail right off the postal trucks, out of collection boxes, right out of apartment mailbox panels, neighborhood delivery/collection boxes, etc.

Theft of U.S. mail happens in a blink of an eye and in a manner which most people would not pay attention. For instance, it only takes a split second to briskly walk up someone’s driveway, open the mailbox, swipe the mail and leave, with a handful of things like credit card statements, utility bills, loan applications and bank statements. There goes your identity.

What do you do to put a stop to this white-collar crime? Well, step number one is putting a lock on your mailbox; a total pain, but worth it if it prevents someone from stealing your identity and messing up your credit history. Make sure the lockbox is sturdy and designed to prevent theft, otherwise a patient thief will only take a few seconds to get it open.

While it may sound hilarious and border a bit on the ridiculous, your mailbox is now almost as important as Fort Knox, with about the same level of protection in the newer boxes. They’re now being made in solid weatherproof material, are welded together instead of using pop rivets, and are tamper and wrench proof. Now that’s a mailbox. Short of the thief taking the whole mailbox (and it has happened) your mail should be relatively secure in one of these newer security conscious models.

Step number two is to take all outgoing mail to a postal drop box yourself. Don’t leave it in the mailbox for the postman to pick up. These are small things that may make a huge difference in whether or not you have your mail pinched, a theft you would rather not happen, as it takes approximately 44 months to recover from having your identity stolen.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“It’s when these people get caught and realize they face some rather serious consequences that they call me,” said Daniel H. Wannamaker of Wannamaker Law, in Austin, Texas. Repeat offenders in Texas, as in those with two convictions, are facing misdemeanors.

“In these cases, I’d prefer the person charged was only seen and not heard. My advice is not say a word to anyone but me,” commented Wannamaker.

It’s good advice too and those that have chosen not to take it find out the hard way – what they said to the police at the scene has a way of coming back and haunting them. “Everything said to a police officer is taken down or recorded for use later,” explained Wannamaker.

“Don’t take the roadside sobriety tests. You don’t have to and if you call me and I get there soon enough, I may be able to have the charges thrown out on a technicality and save your license,” indicated Wannamaker. While this is one option, Wannamaker may be also be able to negotiate a lesser sentence later if the case goes to court.

Conviction means you get assessed for drug or alcohol. If the person does have an addiction problem the judge may offer an either/or scenario – either rehab or jail.

“Three DWI convictions or more is a felony offense, so it makes sense to some people that rehab is the more attractive option,” said Wannamaker. Whether someone is faced with one charge or is on their second or third, this is the time to make a smart move and call a board certified criminal defense attorney, such as Daniel H. Wannamaker of Wannamaker Law in Austin, Texas.

To learn more about, Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“Drug offenses, even small ones, have a habit of hanging around for years, if not permanently,” said Daniel H. Wannamaker of Wannamaker Law in Austin, Texas. “I see this kind of thing happening all the time, a simple possession charge spiraling out of control,” added Wannamaker.

Wannamaker has an extensive record as a board certified criminal defense lawyer and handles a lot of drug offenses. “Don’t assume that just because it is a “dinky” amount of weed or whatever drug you’ve been busted for, that the consequences aren’t worth getting excited about,” explained Wannamaker. Wannamaker’s role in defending drug offenses is to mitigate the charges, get them thrown out, mitigate the penalties, or get the case thrown out of court.

“Employers, are less tolerant these days of others who have a criminal record, even a minor one,” indicated Wannamaker. “If you think this is a bit far fetched, employers avoiding those with criminal backgrounds, then ask this question – if it’s not a big deal, then why are more and more employers running background checks on potential new employees?” he said.

They cannot risk hiring someone who has a record to represent their company. “This kind of a situation is negligent hiring and it can have serious consequences later,” added Wannamaker.

Quality and top-notch is what you need to look for when hiring a criminal defense lawyer. Both these words are more than applicable to Wannamaker.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Embezzlement is classified as a white-collar crime, and its scope can range from someone who funnels cash off at a cash register to corporate executives dipping into the company cookie jar when they aren’t supposed to. No matter what the amount of money involved is – say dollars over the time span of a year or millions over a shorter period of time, stealing other people’s money is still a crime.

Nonetheless, the circumstances of the situation may merit more than just the ‘off the top of one’s head’ thought that the person is guilty. “They may not be, and this is precisely why a good criminal defense attorney needs to be consulted if embezzlement charges are about to be laid, or are laid,” commented Daniel H. Wannamaker of Wannamaker Law, in Austin, Texas.

There are two traits that identify this kind of theft as embezzlement – it is not trespassory in nature and a conversion has to happen. It’s not considered to be trespassory if the money or property in question was willingly given to a person to legally take care of it and then that person stole it to use for personal gain.

The conversion part of this equation means the property has been interfered with in some manner, a factor measured by the owner, not the alleged offender. “This means conversion is defined as a loss to the property owner,” added Wannamaker.

Another aspect of embezzlement is that it frequency gets mixed up with larceny, which is also theft. Larceny however is a crime where the criminal seizes control of some property that isn’t his/hers and moves it from where it used to be located. This could refer to physical or intangible things. “In other words, larceny is considered to be trespassory, whereas embezzlement is not,” concluded Wannamaker.

When faced with charges of embezzlement, put in a call to a board certified criminal defense attorney such as Daniel H. Wannamaker of Wannamaker Law in Austin, Texas. His counsel could mean the difference between time in jail and time to enjoy life as a free person.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

When all is said and done, the section of the statute in question used more often than not, is section 1343 which states in its paraphrased glory “whoever plans on ripping someone off for money or property by means of sneaky pretenses and sends anything relating to those sneaky pretenses by wire, radio or TV to rip someone off shall be fined not more than $1,000,000 or imprisoned not more than 30 years or both.”

Not to put too fine a point on it, this is a pretty wide-open statute that gets a lot of use, as it offers prosecutors wide leeway in “massaging” charges that they may lay.

The use, and dare we say overuse, of statutes like this gives criminal defense attorneys a lot of grief. They are beginning to mount a solid defense for the person charged with either wire or mail fraud when the issue might not even have anything to do with either charge. “It can be a mixed bag when someone is charged with one or both of these offenses,” says Daniel H. Wannamaker of Wannamaker Law in Austin, Texas.

These cases are fairly complex and come, in some instances, perilously close to being ‘kitchen sink’ prosecutions to make a point, or catch a lot of smaller fish. Defense attorneys take a rather dim view of how often this charge seems to be used when the prosecution can’t seem to find something better to make a case.

The wire and mail fraud statutes are fairly similar and both are used together as a one two punch in federal indictments. They are often combined like this since both have some identical elements in common. To get a conviction, the prosecution has to show the act the defendant is charged with was done in the furtherance of a scheme to rip someone off.

Anyone charged with either offense is entitled to an aggressive defense of the charges. This is why if a person is faced with charges under one of these statues, immediately contact a board certified criminal defense attorney such as Daniel H. Wannamaker of Wannamaker Law in Austin, Texas.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“It’s when these people get caught and realize they face some rather serious consequences that they call me,” said Daniel H. Wannamaker of Wannamaker Law, in Austin, Texas. Repeat offenders in Texas are those with at least two convictions, and they are classified as misdemeanors.

“Texas is a bearcat on repeat offenders, largely because we have just about the highest DWI rate in the country,” added Wannamaker who defends hundreds of these cases each year. He’s seen and heard just about everything in his over 20 years of practicing criminal defense in Austin, Texas. “In these cases, I’d prefer the person charged was only seen and not heard. My advice is to save anything you have to say and just tell me the circumstances of the case when you call me,” commented Wannamaker.

That is fine advice, and those that have chosen not to take it find out the hard way – what they said to the police at the scene has a way of coming back and haunting them. “Everything said to a police officer is taken down or recorded for use later. Telling them why you were out having a few drinks is tantamount to asking them to cuff you and take you to the station,” explained Wannamaker. Going to the station may happen anyway if you refuse to take any of the roadside sobriety tests when asked to take them.

“Don’t take those tests. You don’t have to and if you call me and I get there soon enough, I may be able to have the charges thrown out on a technicality and save your license,” indicated Wannamaker. While this is one option, the other may be if Wannamaker isn’t able to mitigate the charges, he may be able to negotiate a lesser sentence later, if the case goes to court.

Conviction means you are slated for an assessment for drug or alcohol addictions. At this point, if the person does have an addiction problem the judge may offer an either/or scenario – either rehab or jail.

“If someone hits three convictions, or more for DWI, they’re looking at a felony offense. It begins to make sense to some that rehab is the more attractive option,” said Wannamaker. Whether someone is faced with one charge or is on their second or third, this is the time to make a smart move and call a board certified criminal defense attorney, such as Daniel H. Wannamaker of Wannamaker Law in Austin, Texas. “They may still be convicted, but I am usually able to mitigate those charges and possibly ensure they are still allowed to drive for their work,” added Wannamaker.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Being charged with racketeering is not a cut and dried moment. There is no instant guilt, instant confession or the instant resolution to a case. It goes much deeper than that, and this is why many people don’t “get” what racketeering is all about.

The usual definition in legal circles is an organization (group) of people who are controlled centrally though a hierarchical system, who knowingly commit criminal activities. Now that covers a lot of ground, but you get the idea; and if you are thinking of examples, then the word Mafia might come to mind.

Is there any counter measure that combats and prosecutes racketeering? Yes, RICO, which sounds like the name of an Italian waiter. RICO, in fact, stands for the Racketeer Influenced and Corrupt Organizations Act. It was passed in 1961 and its main raison d’etre is to break up organized crime and that includes things like gambling schemes, theft rings operating under the guise of a legitimate business, prostitution rings, and protection scams. While these particular crimes are of some concern, the larger problem is pension scams.

Pension funds run into the billions these days and what juicy pickings they are for organized crime. The unions started to get bigger than their britches at the beginning of the 20th century and they mushroomed from there into organizations with hundreds of members who socked money away into retirement funds. Nice money if you can get your hands on it, and many of the pension management contracts did go to Mafia interests. You are likely able to connect the dots here.

RICO’s role changed in 2001 and it prosecutes to the max many other things including issues that deal with terrorism – in particular trying to put a finger in the dyke of money leaking out to fund terrorists. While RICO’s enthusiasm for prosecution is appreciated to a certain extent, it has sometimes led to convicting innocent people. Criminal defense attorneys are not all that thrilled with how this set up works, but are still waiting to see the results over the long-term.

Where will this all end? That’s the $64 million dollar question that seemingly has no answer. Think about this. Where is real justice in a process that insists in winning at any costs? If you’re faced with a racketeering charge, immediately call a criminal defense attorney, as it may mean keeping your freedom.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Being aware of what is going on while you are online is crucial to being protected against those who would vampire your identity. Spammers nab your email and find out lots of information on you just by plugging your email address into Google.

Then of course, there are the phishing schemes designed to get you to innocently cough up items like your bank account information, or your PayPal account information. That’s one of the latest phishing schemes, a note supposedly from PayPal about your account being frozen because allegedly some “unauthorized third party accessed your account three months ago and transferred funds.”

You do have to give spammers and pfhishers some credit for their ingenuity. One wonders how successful they may be if they attempted to get money the legitimate way instead of through backdoor chicanery?

Despite the dangers of being online and potentially having your identity stolen, protecting yourself is a bit like being smart offline. You wouldn’t just hand your bank account number or PIN over to any Tom, Dick or Harriet in the offline world, so why would you do that online? This dilemma all boils down to self-protection. This doesn’t mean you need to be totally paranoid about it, but there are some things you should look for before you divulge certain information.

Prior to clicking that YES button to buy something, check the bottom of your IE window for a gold lock icon. If you see it, good stuff, you are in a highly secure area. If you don’t see that icon, DO NOT click that yes button, instead call the company if they have a contact phone number listed online.

Look for signs that your transaction is being processed by a secured socket layer (SSL) and encrypted. You will see claims on the site boasting payments are processed by SSL. Many of the larger online retailers have this service; for example, PayPal, eBay, etc. One other thing you should watch for is the address bar in your browser that shows where you are when you are online (the site address). Look for the designation for the address to start with “https” (the “s” means secure) rather than the usual “http”.

There are ways to legally deal with people who have stolen your identity online, but realize that they need to be caught and charged first in order for that to happen. If you have had your identity stolen online and charges have resulted, speak to a competent lawyer to find out how to proceed.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“Drug offenses, even small ones, have a habit of hanging around for years, if not permanently,” said Daniel H. Wannamaker of Wannamaker Law in Austin, Texas. Wannamaker would definitely know what he’s talking about since one of his major areas of practice deals with defending drug offenses. “I see this kind of thing happening all the time, a simple possession charge spiraling out of control and the person gets slammed,” added Wannamaker.

Wannamaker has an extensive record as a board certified criminal defense lawyer and knows immediately how to handle the various cases brought to him. “Don’t assume that just because it is a “dinky” amount of weed or whatever drug you may have been busted for, that the consequences may not be more than you bargained for,” explained Wannamaker. Having said that, Wannamaker’s role in defending someone charged with a drug offense is to mitigate the charges, get them thrown out, mitigate the penalties, or get the case thrown out of court.

Even a charge for a small amount of drugs may become the albatross that stuck around in a most unwelcome manner. Drug charges that stick and leave one with a criminal record of any kind will look really bad on an employment application. Even if the crime is not admitted to on the job application, if the position requires bonding of some sort, the lie will be discovered.

“People, meaning employers, are less tolerant these days of others who have a criminal record, even a minor one,” indicated Wannamaker. Really, why take the chance of having a charge stick when hiring a highly qualified criminal defense attorney may make the difference between having no criminal record and a job, and having a criminal record and no job?

“If you think this is a bit far fetched, employers avoiding those with criminal backgrounds, then ask this question – if it’s not a big deal, then why are more and more employers running background checks on potential new employees?” questioned Wannamaker.

The answer of course is because they cannot risk hiring someone who has a record to represent their company. It simply wouldn’t do if a crisis situation came up and that employee’s criminal record came to light. “This kind of a situation is called negligent hiring and it can bite someone in the pocketbook later when a lawsuit is filed,” added Wannamaker.

If faced with being charged for a drug offense, hire a top-notch criminal defense lawyer who knows what they are doing. Quality is the key word here when looking for a lawyer that knows their stuff. Quality is a bit like ordering oats. If you want them clean and fresh and top quality, you must pay a fair price.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

The post Minor Drugs, Major Buzzkill first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2009/02/the-texas-id-theft-crackdown/ Thu, 05 Feb 2009 21:17:15 +0000 http://www.seonewswire.net/?p=76 ID theft is no laughing matter. Thankfully, many of the states in the U.S. have taken matters into their own hands and are acting forcefully to protect their citizens against this crime. Texas comes down hard on businesses that do…

“In Texas, any decisions made by district judges may be appealed to the Court of Appeals and from there the appeal goes to the Texas Court of Criminal Appeals in criminal matters,” explained Wannamaker. If the case happens to be a federal one, any decisions by a Federal District Court are appealed to the 5th Circuit and then on to the U.S. Supreme Court. Decisions that go forward to the U.S. Supreme Court may involve extremely interesting issues of law that the Court is interested in commenting on.

“The whole process, when you start with a case,” explained Wannamaker, “is that all the cases we try, start in a trial court. That’s the basic nuts and bolts of the system.” At the trial level, the judge has the discretion to dismiss on the pleadings early in the case, or dismiss after a summary judgment motion – further along in the litigation process.

In some cases, the plaintiff and defendant deal with a judge alone, in others there may be a judge and jury. In either instance, a decision may be entered after the trial. Of interest, is that in some cases, the judge may elect to pronounce a judgment different from a jury verdict. While this is unusual, it does happen. Anyone not too thrilled with the outcome of the case when the trial is over, is free to appeal the decision, and it isn’t always the loser who appeals either.

“If someone does want to appeal the decision in their case,” said Wannamaker, “a motion for appeal is filed with the trial court. At this point, whoever is appealing is no longer called the plaintiff, but the appellant.”

Daniel Wannamaker of Wannamaker and Associates in Austin, Texas, specializes in handling appeals at all levels within the Texas justice system, and is noted to have won some major victories. This is one criminal defense lawyer anyone would want on their team if they happened to be in major trouble with the law.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Capital murder is killing a cop during the lawful discharge of his or her duty; or killing while committing another felony such as kidnapping, robbery, assault, arson or killing for money (call this murder for hire).

Texas has three classifications of murder – capital murder, murder manslaughter and criminally negligent homicide. Murder is intentionally or knowingly causing the death of another person or intending to cause serious bodily injury, but it results in death. It is classed as a first-degree felony and is punishable by 5 years to 99 years or life in prison.

The next class is manslaughter, and this is charged if you recklessly cause the death of somebody. It is usually classed as a second-degree felony and is punishable with a sentence ranging from 2 to 20 years.

Since the classifications are not always that clear, nor likely was your intent clear when the murder happened, this is the crucial time to contact a highly qualified board certified criminal defense attorney. Don’t say a word to anyone and head for the phone to make that call. Only your lawyer needs to hear what your circumstances are in order to mount a viable defense.

Don’t guess what charge you may be facing. Pick up the phone and call an expert criminal defense lawyer. This may be the smartest thing you will ever do if you wish to retain your freedom.

Since criminal law is such a mixed bag at the best of times, spending time trying to figure out how to beat the system if you have been charged with a serious crime won’t do you a lot of good. This is your lawyer’s job, and this is also why you are told to not say anything to anyone until you have spoken to a lawyer. What you say to your attorney may make all the difference in the world between doing time or being set free.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

This is shocking, but in Texas in 2007 alone, there were 73,426 assaults reported statewide. If that doesn’t give you some pause, I don’t know what else would. Since then, the economy has gone into the toilet and you may well imagine what those figures may be when tallied for 2008.

The crime of assault is usually defined as the intentional, knowing or reckless causing of bodily injury or threatening imminent bodily injury. This crime is usually charged as a Class “A” misdemeanor, but may be enhanced for various reasons.

Since intention is part of the definition, assault is pegged as an intentional wrongdoing that distinguishes it from negligence.

Further to this classification of assault is the aggravated assault, which means causing serious bodily injury or use of a deadly weapon. This is typically a second degree felony.

Another assault crime classification that many people are relatively familiar with, thanks to shows like CSI, is assault and battery (also a felony.) This is where actual contact is made with the victim and they require medical treatment. If convicted on this charge, there is usually time behind bars, fines, anger management classes, etc. The punishment, in most cases, suits the circumstances of the nature of the crime. Any priors will make things worse.

The thing with assault cases, and any other criminal offense, is that nothing is ever cut and dried. This is precisely why, if you are facing any of these types of charges, you must contact a qualified board certified criminal defense attorney. This is the “only” person who will be able to see to it that you get a good defense and who may be able to mitigate the charges or the punishment, and who may also be able to get the charges thrown out of court.

Make your first call to a criminal defense attorney who knows the system inside out and is familiar with the hundreds of nuances the various assault cases carry with them. It may mean your freedom or serving a reduced sentence.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, Daniel Wannamaker visit Wannamakerlaw.com.