The Gertz Kelley Law Firm The Gertz Kelley Law Firm 2026-09-09T12:24:37Z 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[Digital device searches in Texas white collar investigations]]> https://www.gertzlawyers.com/?p=48346 2026-09-09T12:24:37Z 2026-09-09T12:24:37Z Federal agents and local police in Southeast Texas often look at cell phones, laptops, and hard drives when they investigate financial crimes. In a white collar case, they may try to get your text messages, QuickBooks files, banking apps, and encrypted documents. Knowing your rights under the Fourth Amendment can help you handle these serious situations more safely.

When law enforcement can search your devices

Police cannot just look through your personal phone during a normal traffic stop or a routine visit to your workplace. The U.S. Supreme Court has said that digital information is protected, so officers usually need special permission before they can take your private files. Law enforcement usually uses one of these methods to get digital evidence:
  • Getting a search warrant signed by a judge, based on strong reasons to believe someone committed a crime
  • Asking you to agree (consent) to let them look at your files, messages, or emails
  • Checking company-owned computers under the company’s own rules
  • Taking devices at international border checkpoints or ports in Texas
If you agree to let them search, you give up some of your constitutional rights. That can allow investigators to look at every file with no time limit. Working with an experienced defense attorney helps make sure police follow the law and do not collect evidence in an illegal way.

How Texas courts handle digital evidence

When police seize a hard drive, they can use special software to recover deleted messages, location data, and financial records. In nonviolent criminal offenses, prosecutors often try to use this digital information to show intent in fraud, embezzlement, or tax fraud cases. Your lawyer can challenge how broad the search warrant was. If the search went too far or was not legal, the court may block that evidence from being used at trial.

Protecting your digital footprint

If police want to search your device, you need to set clear limits and act quickly. Saying no to a voluntary search can stop officers from avoiding the warrant rule. You can ask to see the physical warrant. This lets you check if a judge clearly allowed them to examine your device. Keeping your security settings strong and not sharing your passcodes helps protect your private information until a court decides what police may do.]]> On Behalf of The Gertz Kelley Law Firm <![CDATA[Can a Texas child pornography case start without an arrest?]]> https://www.gertzlawyers.com/?p=48345 2026-09-03T15:20:49Z 2026-09-03T15:20:49Z What can happen before an arrest? An investigation can continue for weeks or months before an arrest occurs. Depending on the circumstances, investigators may gather information, identify potential evidence and seek consent or a warrant to search a home or electronic devices. A 2026 Texas Department of Public Safety (DPS) case involving AI-generated images illustrates one way an investigation can proceed before an arrest. According to the DPS release, the investigation continued for months before federal agents obtained consent to search and seize electronic devices at the suspect's home. Investigators then examined the evidence and continued their investigation before the suspect was ultimately arrested.

Could an investigation lead to an arrest?

Not necessarily. An investigation means law enforcement is examining suspected conduct. What investigators find can affect whether prosecutors pursue charges and whether law enforcement seeks an arrest. This is why learning that you are under investigation should not be treated casually. Statements made to investigators or other evidence gathered during the investigation may later become relevant to the case.

What should you do if you learn you are being investigated?

If you discover that law enforcement is investigating you, avoid assuming that you need to wait until an arrest occurs before seeking legal advice. You also should not assume that explaining the situation directly to investigators will resolve the matter. Legal advice at this stage can help you understand what is happening and understand your options before responding to investigators.

Why does the investigation stage matter?

Investigative steps may occur well before a person is formally charged or required to appear in court. Knowing where an investigation stands can help you make informed decisions about your next steps before the situation progresses further.]]> On Behalf of The Gertz Kelley Law Firm <![CDATA[Defense strategies in drug-facilitated sexual assault allegations in Texas]]> https://www.gertzlawyers.com/?p=48344 2026-09-01T00:10:23Z 2026-09-01T00:10:23Z Legal definitions under the Texas Penal Code Sexual assault occurs when an individual engages in sexual acts without the other person's consent. Consent is legally absent when the actor knows the other person is unconscious, physically unable to resist, or mentally incapacitated due to any substance. When prosecutors allege that the accused deliberately administered a substance to impair the victim, charges are typically elevated to Aggravated Sexual Assault. Key consequences of a conviction include:
  • First-degree felony classification
  • A mandatory sentence ranging from 5 to 99 years or life, plus fines up to $10,000
  • Lifetime registration on the Texas Department of Public Safety Sex Offender Registry
The severity of these consequences makes early, well-documented defense preparation essential.

Challenges with toxicological evidence

Many substances alleged in drug-facilitated cases, including GHB and rapid-acting central nervous system depressants, metabolize within 12 to 24 hours. Negative toxicology results are common when testing is delayed, which can lead prosecutors to rely on subjective accounts of impairment that can be scrutinized for consistency. The law also draws a clear distinction between voluntary intoxication and involuntary drugging. Proving that the defendant deliberately administered a substance requires specific, verifiable physical evidence.

Key defense approaches

Defending against these allegations in Jefferson County courts requires a careful review of police procedures, laboratory methods, and witness credibility. Defense strategies may include independent forensic retesting of biological samples, challenging chain-of-custody procedures during sample collection and storage, analyzing digital communications and surveillance footage to reconstruct a timeline, and evaluating whether the accused had knowledge of any incapacity.

Protecting your rights

Law enforcement may attempt to interview a suspect before formal charges are filed. Making statements without counsel present can significantly affect the outcome of a case. A criminal defense attorney in Texas can help protect your constitutional rights from the earliest stages of the investigation.]]> 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.  ]]>