The Gertz Kelley Law FirmThe Gertz Kelley Law Firm2026-06-04T15:52:41Zhttps://www.gertzlawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1603116/2022/02/cropped-gertzlogoFaviconW-1-32x32.jpgOn Behalf of The Gertz Kelley Law Firm<![CDATA[What to expect during a digital device seizure in Texas]]>https://www.gertzlawyers.com/?p=483312026-06-04T15:52:41Z2026-06-04T15:52:41ZThe execution of a digital search warrant
To seize property legally, officers must present a warrant that a judge signed. The warrant must list the exact devices investigators can take and the specific data they seek. Officers cannot search every file on a whim. Instead, officers must base the warrant on clear probable cause linking the device to a specific crime. Once police take your hardware, they transport it to a forensics lab. With this step, investigators move the investigation from your home to a secure state facility.
Forensic extraction and data retention timelines
Inside the lab, technicians use software to copy the hard drive. Investigators then examine this digital copy for text messages, location history and internet records. State agencies keep your devices for months while analysts write final reports.
Under Texas and federal laws, you do not have to give police your passcode or unlock your device unless a specific court order forces you to comply. Storing this data creates a permanent trail. Prosecutors review this trail to prove intent, building the foundation for serious felony charges.
Protecting your reputation and legal rights
If you face serious felony charges and a device seizure, you risk your job, your family and your standing in the community. Investigators can misinterpret text messages or search history when viewing files without context.
Protect your reputation and constitutional rights. Consider enlisting the help of an experienced criminal defense lawyer to help keep authorities from overstepping their bounds. A skilled attorney can review the warrant for errors and protect you from illegal seizures and other civil rights violations.]]>On Behalf of The Gertz Kelley Law Firm<![CDATA[Key factors that define aggravated sexual assault in Texas]]>https://www.gertzlawyers.com/?p=483292026-05-20T11:02:06Z2026-05-20T11:02:06ZThere was a serious injury or death
Your intent or actions during the assault make the offense more serious because of the high risk posed to the victim. If what you did caused major harm, long-term disability or death, this can escalate the seriousness of the act.
A deadly weapon was involved
In order to intimidate or further coerce the victim, attackers may threaten or even use a firearm or a knife on them. However, you merely showing a deadly weapon during the commission of the crime can be enough to elevate a sexual assault charge.
There were threats of violence
If you place the victim in fear to force compliance during the assault, that can make it count as aggravated. This includes words or actions threatening death, kidnapping or serious bodily injury.
Victim has vulnerable characteristics
The status of the victim can also increase the seriousness of a sexual assault charge. Vulnerable individuals include those who are disabled and anyone younger than 14 years old or over the age of 65.
There was drug usage
Administering substances to facilitate the assault can aggravate the sexual crime. This includes any drug that can cloud the victim’s judgment and impair their ability to resist the advances of the attacker.
Legal consequences in Texas
When convicted of aggravated sexual assault, this first-degree felony can result in 5 to 99 years in state prison and up to $10,000 in fines. If the victim is under 6 years old, you can face the minimum sentence is 25 years while the maximum is 99 years to life.
Texas law also requires you to register as a sex offender. By doing so, your conviction and identifying information is publicly available through state records.
When the details matter
If you are facing a criminal charge like sexual assault, you do not have to navigate the legal battle alone. A lawyer can help you by investigating the facts of your case while preparing a strong defense if you go to trial. Acting promptly can significantly impact the outcome of your case.
]]>On Behalf of The Gertz Kelley Law Firm<![CDATA[What are some lesser-known white collar crimes?]]>https://www.gertzlawyers.com/?p=483282026-05-12T12:50:10Z2026-05-12T12:50:10ZBribery
Bribery involves a person intentionally offering or giving something of value to influence an individual performing a public or legal duty. The bribe is generally in exchange for the recipient’s judgment, recommendation or vote on something that benefits the giver.
Stolen Valor Act violations
In Texas, it is illegal to lie about having a military record to get a tangible benefit. This includes claims of serving in a certain unit, having combat experience or receiving certain military decorations and medals.
Healthcare fraud
This mainly involves scams tied to healthcare services, like overcharging or billing for services that were never provided. Healthcare fraud can be committed by anyone intentionally deceiving the system for unlawful payments or benefits.
Counterfeiting
Counterfeiting is the illegal copying or imitation of money, goods, documents or brand trademarks. It is done to trick people into thinking the item or record is real with the intention to deceive or profit from them.
Mortgage fraud
There are generally two types of mortgage fraud. Fraud for profit involves industry professionals stealing cash or equity from lenders and homeowners. Meanwhile, fraud for housing occurs when a borrower lies about assets on a loan application or pressures an appraiser to inflate a property’s value.
When being knowledgeable matters
Understanding lesser-known white collar crimes can make the next steps clearer when someone faces financial crime charges. This knowledge can provide a solid foundation to build a strong defense. A lawyer can help guide accused individuals through the legal process while protecting their careers and freedom.]]>On Behalf of The Gertz Kelley Law Firm<![CDATA[What is the difference between a DUI and DWI in Texas?]]>https://www.gertzlawyers.com/?p=483272026-04-27T08:42:53Z2026-04-27T08:42:53ZUnderstanding DWI charges
DWI stands for "Driving While Intoxicated." In Texas, you could face a DWI charge if you operate a motor vehicle in a public area while intoxicated. The state defines intoxication as having a blood alcohol concentration (BAC) of 0.08% or more, or impairing your normal mental or physical faculties due to alcohol or drugs.
This charge applies to any person operating a motor vehicle while intoxicated, regardless of age, though it is the standard charge for adults 21 and over. The penalties for a DWI conviction can be serious, ranging from fines and license suspension to jail time, depending on whether it's your first offense or if you have prior convictions on your record.
How DUI charges differ
DUI stands for "Driving Under the Influence." In Texas, this charge specifically applies to minors. This refers to any person below the age of 21. Texas has a zero-tolerance policy for DUI, which means any detectable level of alcohol in a minor's system while operating a vehicle could result in a DUI charge.
DUI penalties include fines, license suspension, community service and mandatory alcohol education classes.
Knowledge is your best defense
Understanding how Texas distinguishes between DUI and DWI could give you a clearer sense of your rights and responsibilities on the road. By staying informed, you may have an easier time making safer, smarter choices and respond more confidently if legal issues arise.]]>On Behalf of The Gertz Kelley Law Firm<![CDATA[How text messages can affect your sexual assault case]]>https://www.gertzlawyers.com/?p=483252026-04-23T11:53:20Z2026-04-23T11:53:20ZThe role of text messages in shaping the case narrative
Text messages can shape how prosecutors and jurors interpret your case. They may support or undermine claims about consent, timing and intent connected to your actions. Common ways they come into play include:
Establishing consent: Messages before or after an encounter can reflect how you and the other person understood the situation.
Challenging credibility: If your texts conflict with your account, others may question your version of events.
Building a timeline: Time stamps can place you at specific moments and show how events unfolded.
Showing context: The tone and wording you use can influence how others interpret your intent.
These details often take on more significance once the case moves into the legal process. In Texas, sexual assault cases turn heavily on consent and the surrounding facts. Text messages may become part of that larger picture when investigators and prosecutors assess what each person said, understood and did before or after the encounter.
Even short phrases can carry meaning. For example, a follow-up text that sounds apologetic or uncertain may be interpreted in different ways. Courts tend to review the full exchange instead of focusing on one line.
Key considerations as your case moves forward
Text evidence can feel personal, but courts treat it as part of a larger legal record. Each message connects to other facts, including witness accounts and physical evidence and the overall sequence of events.
You may benefit from a careful review of every detail. A criminal defense strategy often focuses on context, timing and interpretation rather than isolated statements. Legal guidance can help you understand how your messages fit into the overall evidence and respond in a clear, structured way.]]>On Behalf of The Gertz Kelley Law Firm<![CDATA[What outside factors can interfere with field sobriety tests?]]>https://www.gertzlawyers.com/?p=483212026-03-24T08:19:16Z2026-03-24T08:19:16ZFactors that might skew field sobriety test results
Field sobriety tests are designed to measure your balance, concentration and mental capabilities. Despite this, there are many conditions, most of which do not even involve alcohol, that can affect the results of these tests. Factors to consider include:
Road surface and slope: Gravel, uneven pavement or loose dirt
Lighting and weather: Glare from headlights, rain, wind, heat or low temperatures that might make you shiver
Traffic and noise: Distractions and other conditions that can agitate you or make it more difficult to follow instructions
Footwear and clothing: Tight or restrictive clothing, boots or high heels
Physical or medical issues: Disabilities, injuries or health conditions that can throw off your balance
Age and weight factors: Changes in balance and flexibility
Human error: Unclear instructions or improper observations from the officer
When these conditions are present, they may influence how accurately a field sobriety test reflects your sobriety. If you feel that any of these external factors affect your results during a test, it is essential to take note of these conditions.
Why evidence is critical for your defense
When it comes to DWI arrests, evidence matters as it may be the deciding factor over whether the court issues a charge against you or not. Your performance in a field sobriety test matters. This means writing down details about road conditions, weather, health issues or other conditions that might affect how well you do.
You may also want to review dashcam footage, body camera recordings and police reports that describe the tests and their administration. With the right evidence, you can strengthen your defense and avoid a wrongful DWI charge in court.]]>On Behalf of The Gertz Kelley Law Firm<![CDATA[Critical evidence that can boost a DWI defense]]>https://www.gertzlawyers.com/?p=483202026-03-05T09:23:59Z2026-03-05T09:23:59ZEssential proof for your defense
Your defense team must gather records and documents to tell the true story of what happened during the traffic stop. These key pieces of evidence can provide a different perspective than the initial police report:
Dashcam and bodycam footage: Video evidence allows the court to see if you actually stumbled or slurred your words as the officer claimed. It also provides an objective record that can contradict subjective police observations.
Medical records: Documented physical injuries or neurological conditions can explain why you may have failed a balance test. Inner ear issues or back pain may mimic signs of intoxication.
Maintenance logs: Breathalyzer results only remain valid if the state maintains the machine according to strict regulatory schedules. Proof of a missed inspection, a failed self-test or a recurring technical glitch can render a high BAC reading useless in court.
Receipts and witness statements: Credit card statements from a restaurant can show exactly how many drinks you ordered over a specific timeframe. Also, statements from servers or friends can confirm that you acted normally and appeared sober.
It is vital to act immediately to preserve these records before technical systems overwrite digital files or witnesses experience memory lapses. Securing this information early also helps ensure that your DWI defense can highlight inconsistencies long before the trial begins.
Embarking on the pursuit of justice
Navigating DWI charges can create immense pressure on your reputation and daily livelihood. In addition, dealing with scientific data and complex DWI laws can be overwhelming. By seeking legal counsel, you may better fight for your rights as you embark on the pursuit of justice.]]>On Behalf of The Gertz Kelley Law Firm<![CDATA[What happens after a corporate audit leads to criminal charges?]]>https://www.gertzlawyers.com/?p=483182026-02-10T11:05:45Z2026-02-20T06:00:10ZCorporate audits ensure compliance and transparency in financial reporting. For businesses, an audit is a routine process that helps uncover minor discrepancies. However, an audit can also reveal irregularities that go beyond accounting errors. When those findings suggest intentional misconduct, an audit can suddenly escalate into a criminal investigation.
What triggers an audit
Audits are not done randomly. Many industries undergo mandatory audits to ensure compliance with state and federal laws. However, in some cases, unusual financial transactions or inconsistent reporting can prompt auditors to investigate further. The Internal Revenue Service (IRS)frequently audits businesses when tax filings show discrepancies or patterns that suggest underreporting. Agencies may also conduct audits to maintain oversight and discourage misconduct.
How to respond to audit findings
If an audit has resulted in criminal charges against you, the key is to respond with urgency. Consider the following steps to help protect you and your company:
Secure financial documents, emails, and communications that may be relevant to your defense. Missing or destroyed records can be considered as obstruction.
Avoid making statements to investigators or regulators without legal counsel present. Even casual remarks can be misinterpreted down the road.
Conduct an internal review and identify any potential vulnerabilities in your company’s compliance practices. Demonstrating proactive behavior can help mitigate penalties.
Be cautious about what you say publicly or to other employees. Rumors and speculation can complicate defense strategies and damage reputations.
If you believe an audit may put your company at risk, do not wait for charges and acquire proper legal counsel.
Building a strong legal defense
When facing criminal charges, the most important step is to prepare a legal defense. A strong defense begins with a detailed review of the audit findings, financial records and investigative reports. Many audit findings can be a result of clerical errors or poor recordkeeping. Presenting credible explanations may show that there was no deliberate violation. In some cases, negotiating with prosecutors may help reduce charges or penalties.]]>On Behalf of The Gertz Kelley Law Firm<![CDATA[Can “viewing alone” lead to felony charges in Texas?]]>https://www.gertzlawyers.com/?p=483142026-02-02T15:14:14Z2026-02-01T20:22:54ZThe myth of the "saved" folder: constructive possession
In Beaumont and throughout East Texas, a conviction does not require a folder of downloaded files. Prosecutors rely on the doctrine of constructive possession, defined by Texas law as "actual care, custody, control, or management." Even without a manual download, devices create a digital footprint through:
Web cache and thumbnails: Automatic copies stored by browsers to improve loading speeds
Temporary internet folders: Files that prove the material was under your control on your hardware
Cloud syncing: Data that populates across multiple devices via linked accounts
Legal disputes in these cases often center on intent. If forensic reports show repeated access or specific search queries, the state will argue you had full knowledge of the content your device possessed.
Digital forensics: the prosecutor’s roadmap
Forensic examiners reconstruct user intent by parsing "unallocated space" and metadata to identify:
Last accessed times: Evidence used to show a user stayed on a site or returned to it
Hash matching: Comparing file fragments against national databases of illegal content
Cross-app usage: Correlating Wi-Fi sessions and logins to identify the individual using the device at the time of access
These findings form the core of the state's case. Challenging this narrative requires a detailed analysis of the forensic evidence to identify technical gaps.
The stakes: 2023 "3G" legislative updates
As of September 1, 2023, these offenses fall under the "3G" list. This classification carries strict consequences:
No judge-ordered probation: Defendants are ineligible for judge-ordered community supervision
Parole restrictions: A significantly larger portion of the sentence must be served before parole eligibility
When facing these enhanced penalties in East Texas, an early review of the specific allegations by a defense attorney can help clarify available legal options.]]>On Behalf of The Gertz Kelley Law Firm<![CDATA[What can I do if my date lied about their age in Texas?]]>https://www.gertzlawyers.com/?p=483152026-01-27T07:20:30Z2026-01-27T07:20:30Z“Mistake of age” is not a defense
Texas treats age-related offenses as strict liability crimes. This means the state does not need to prove that you knew the other person was underage at the time of the offense. Even if your date had a fake ID or looked much older, state law does not recognize a mistake of age as a valid defense.
The reasoning behind this legal position is that it places the responsibility of verifying age entirely on the adult party. While this may seem harsh in situations involving genuine deception, it reflects the state's priority of protecting minors.
Steps to take after discovering the truth
If you learn that someone you have been involved with is actually a minor, you might want to consider the following steps:
End all contact with that individual immediately, as continuing the relationship could worsen legal consequences.
Document everything about how the relationship began. This includes how you met, what the person told you about their age and any evidence that could show they lied.
Save any text messages, social media conversations, dating app profiles or other forms of communication.
Before you speak with law enforcement, reaching out to an attorney first can provide guidance on how to avoid making any self-incriminating statements during an investigation.
Potential legal strategies
With proper support, your defense strategy may involve scrutinizing the prosecution's case for procedural errors or a lack of sufficient proof. This could mean filing motions to suppress digital evidence, such as texts or photos, that were obtained without a warrant or cross-examining witnesses to expose inconsistencies in their timelines.
Additionally, demonstrating that no sexual contact actually occurred may serve as a complete defense. Because Texas law focuses on specific sexual acts rather than the relationship itself, showing that your interactions were non-sexual or purely platonic could negate the core elements of the offense.
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