The Gertz Kelley Law Firm The Gertz Kelley Law Firm 2026-07-30T13:39:25Z https://www.gertzlawyers.com/feed/atom/ WordPress /wp-content/uploads/sites/1603116/2022/02/cropped-gertzlogoFaviconW-1-32x32.jpg On Behalf of The Gertz Kelley Law Firm <![CDATA[Can a bookkeeping mistake lead to a criminal investigation?]]> https://www.gertzlawyers.com/?p=48341 2026-07-30T13:39:25Z 2026-07-30T13:39:25Z When an error starts to resemble fraud A bookkeeping mistake can lead to an investigation. However, an accidental entry alone generally does not establish a crime. Authorities often seek proof that someone knew the figures were false. They may also look for an intent to deceive another party, hide funds or evade taxes. In Texas, state law allows the comptroller to inspect relevant books, records and papers. The agency may also question people who know about the taxpayer’s affairs under oath. An audit can uncover a gap and lead to more review. If the matter raises federal concerns, most tax crimes require willfulness. This means intentionally violating a known legal duty. An inaccurate return by itself does not prove tax evasion. Even so, an innocent problem may draw attention when other details point to concealment. Common warning signs include:
  • A major discrepancy appears: A substantial amount of revenue, cash or tax is missing.
  • Certain entries recur: Adjustments repeatedly lower reported income or favor one person.
  • Supporting documents disappear: Missing invoices or unexplained journal entries make the figures hard to verify.
  • The problem remains uncorrected: You discover a material issue but do not report or fix it.
  • Separate sources conflict: Bank statements, tax returns and internal ledgers show very different figures.
None of these circumstances alone can prove guilt. Investigators may study the wider financial history. They can examine account access, relevant messages and each person’s conduct after discovery.

Why an informed response matters

What you do next may affect how others view the original problem. Deleting files, making undocumented changes or giving inconsistent explanations can make an accident seem planned. An attorney may help you preserve key material, assess potential exposure and communicate accurately. This support can protect your rights while authorities decide if the evidence supports criminal charges.]]> On Behalf of The Gertz Kelley Law Firm <![CDATA[Can someone be removed from the Texas Sex Offender Registry?]]> https://www.gertzlawyers.com/?p=48338 2026-07-22T18:30:57Z 2026-07-22T18:30:57Z Does everyone qualify for removal? No. Texas law does not treat every registrant the same. Whether someone may qualify to seek early termination depends on several legal factors, including:
  • Whether the offense that led to registration is eligible for early termination
  • Whether Texas law allows early termination for that specific offense
  • Whether the person meets the legal eligibility requirements
  • Whether the required Individual Risk Assessment has been completed
The Texas Department of Public Safety emphasizes that the framework for early termination is restrictive. Just spending years on the registry does not make a person eligible to ask the court for removal – meeting these requirements is only the first step.

Why is eligibility only part of the process?

Meeting the initial eligibility requirements does not automatically remove a person from the registry. Guidelines from the Texas Department of Public Safety say that eligible individuals should complete an Individual Risk Assessment before filing a motion for early termination with the court. The assessment process helps determine whether the person meets Texas’ legal requirements for early termination. The registration does not end automatically after a person completes the evaluation, but completing it doesn't end registration automatically; a court must still grant the motion.

Why does court approval matter?

The court reviews the request for early termination after the individual completes the required legal steps. The court considers whether the statutory requirements have been met before deciding whether early termination is appropriate. Because registration periods and eligibility criteria vary by offense, there is no single rule that applies to every case. Understanding where a specific case falls within this framework is often the clearest way to know whether pursuing removal from the Texas Sex Offender Registry is realistic. The advice and guidance of a skilled legal professional is crucial in how an individual determines the legal path they will next follow.]]> On Behalf of The Gertz Kelley Law Firm <![CDATA[Why a third DWI in Texas is a felony charge]]> https://www.gertzlawyers.com/?p=48337 2026-06-30T13:38:34Z 2026-06-30T13:38:34Z The legal line between misdemeanor and felony DWI Prior convictions distinguish these charges. A first DWI is usually a Class B misdemeanor, and a second is a Class A misdemeanor. The third offense becomes a third-degree felony, regardless of time since prior convictions. This moves the case from the county to the district court.

Mandatory penalties for a felony conviction

A felony charge carries harsh penalties. State law requires:
  • Two to ten years in prison
  • Fines up to $10,000
  • A driver's license suspension for up to two years
  • An ignition interlock device requirement
State law requires these penalties for a felony conviction.

Long-term consequences beyond the courtroom

Sanctions are only part of the story. A felony conviction creates a lasting criminal record, affecting your life for years. This record can threaten:
  • Employment
  • Professional licenses
  • Reputation
These other results can be as harmful as the direct penalties.

How does defending a felony case differ

Felony DWI cases need a different defense approach. The state puts more resources into the case. A defense strategy must be thorough. It includes reviewing evidence from the current arrest and may involve checking the legality of prior convictions. The defense must closely examine every detail, from the traffic stop to how officials administered chemical tests.

Understanding the severity of a third DWI charge

The shift from a misdemeanor to a felony is the most serious part of a third DWI charge. This is not just a repeat offense. It creates a new legal reality: a long prison term and life-changing results. Knowing the seriousness of the charge is the first step in facing it.]]> On Behalf of The Gertz Kelley Law Firm <![CDATA[Charged with embezzlement as an accountant: What to know]]> https://www.gertzlawyers.com/?p=48333 2026-06-16T14:01:15Z 2026-06-22T13:58:27Z Criminal penalties The potential criminal penalties for embezzlement depend on how much money is involved and other facts. Larger losses usually raise the felony level. A conviction can result in years of imprisonment and substantial fines. Courts often order restitution to repay the victim. A criminal record can affect work, loans and housing long after any sentence ends.

Professional consequences

There may be other consequences outside of the justice system following a criminal charge for embezzlement. A criminal charge may prompt a separate review by your licensing board. For Texas CPAs, the Texas State Board of Public Accountancy may investigate and impose sanctions, including suspension or loss of your license. Employers might place you on leave or end your employment. While a charge or arrest does not constitute a disciplinary violation under Board rules, clients and colleagues can lose trust even without a conviction.

What you can do now

Texas law provides a range of penalties depending on the circumstances of the offenses. If you face these allegations, act carefully. Steps that help include:
  • Preserve all records, including ledgers, emails and backups
  • Avoid deleting or altering any files or documents
  • Keep a log of events and communications related to the matter
  • Limit discussions about the case with colleagues at work
  • Consider the potential impact of any statement before speaking with investigators or your employer
Taking these proactive steps can help you maintain control over your situation while the facts are sorted out.

Evidence and defenses

Not every bookkeeping error is a crime. Some cases stem from software mistakes, mixed authorizations or unclear policies. Defenses may focus on lack of criminal intent, employer consent or flaws in forensic accounting. The state's evidence must show an intent to deprive the owner of their property, either permanently or for so extended a period that its major value or enjoyment is lost. An embezzlement allegation feels overwhelming. Gathering facts, protecting records and managing communications can help you protect your career and rights. Understanding your options for a strong white collar criminal defense can provide clarity as you navigate the road ahead.]]> On Behalf of The Gertz Kelley Law Firm <![CDATA[Can false invoices lead to felony fraud charges in Texas?]]> https://www.gertzlawyers.com/?p=48335 2026-06-18T10:32:48Z 2026-06-18T10:32:48Z When a false invoice can become a felony Several Texas fraud and theft laws may apply to this type of billing allegation. Prosecutors often look at how the invoice was used to obtain property, credit, services or another financial benefit by deception. They might also consider whether false information led someone else to approve, sign or rely on a document. The value of the property, payment or financial benefit involved can affect the charge. Under state law, these cases may reach felony levels at these amounts:
  • $2,500 to less than $30,000: state jail felony
  • $30,000 to less than $150,000: third-degree felony
  • $150,000 to less than $300,000: second-degree felony
  • $300,000 or more: first-degree felony
These charge levels do not prove guilt by themselves. Prosecutors must still prove more than an error. Intent is often shown through circumstantial evidence, such as repeated billing mistakes, emails suggesting knowledge of the problem or efforts to hide information. They could also review whether the facts support theft by deception, which generally involves using false or misleading information to obtain property or payment.

Why government invoices can raise the stakes

If the billing document involves a public agency, investigators may review whether Texas laws on tampering with governmental records apply. That issue may arise when prosecutors believe someone knowingly made, presented or used an inaccurate government record. If a billing dispute becomes an investigation, preserve records that show how the invoice was created and approved. These may include:
  • Contracts or purchase orders
  • Emails about the work, pricing or payment
  • Approval records or internal notes
  • Bank statements and accounting entries
  • Proof of goods delivered or services completed
Organized documents can help show whether the issue was a billing mistake, a contract dispute or an allegation of intentional fraud.

Taking billing allegations seriously

Because your job, reputation and freedom may be at stake, responding to this kind of allegation requires a careful review of the facts. The amount involved, the supporting records and the question of intent can shape the case. Keeping documents organized may help preserve the information needed to explain what happened.]]> On Behalf of The Gertz Kelley Law Firm <![CDATA[What to expect during a digital device seizure in Texas]]> https://www.gertzlawyers.com/?p=48331 2026-06-04T15:52:41Z 2026-06-04T15:52:41Z The 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=48329 2026-05-20T11:02:06Z 2026-05-20T11:02:06Z There 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=48328 2026-05-12T12:50:10Z 2026-05-12T12:50:10Z Bribery 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=48327 2026-04-27T08:42:53Z 2026-04-27T08:42:53Z Understanding 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=48325 2026-04-23T11:53:20Z 2026-04-23T11:53:20Z The 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.]]>