The Gertz Kelley Law Firm The Gertz Kelley Law Firm 2026-06-22T13:58:27Z 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[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.]]> On Behalf of The Gertz Kelley Law Firm <![CDATA[What outside factors can interfere with field sobriety tests?]]> https://www.gertzlawyers.com/?p=48321 2026-03-24T08:19:16Z 2026-03-24T08:19:16Z Factors 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=48320 2026-03-05T09:23:59Z 2026-03-05T09:23:59Z Essential 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=48318 2026-02-10T11:05:45Z 2026-02-20T06:00:10Z Corporate 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.]]>