Houston Organized Crime Lawyer

Houston criminal defense lawyer Amanda Skillern has experience in organized crime cases from both sides of the criminal justice system; first as a Harris County Assistant District Attorney, and now as a criminal defense lawyer. She is prepared to help you understand your charges and provide expert legal guidance throughout your case. Contact the Law Office of Amanda Skillern, PLLC, today at 346-291-0432 to schedule your free consultation.

What Is the Definition of Organized Crime in Texas?

According to Title 11, Chapter 71 of the Texas Penal Code, organized crime is any collaborative effort involving three or more individuals engaging in criminal activities. Legally known as a “combination”, this collaboration may exist even if participants are not fully aware of each other’s identities or if membership in the organization changes over time. This statute applies to criminal street gangs and foreign terrorist organizations operating within the state of Texas.

A wide range of offenses that can be categorized under organized crime, including those outlined below.

Theft and Selling Stolen Goods

In some organized crime cases, defendants are accused of stealing goods and selling them for a profit. Texas law treats the theft and sale of stolen goods as serious offenses. In certain circumstances, receiving stolen goods is also considered a crime, even if you were unaware that what you received was stolen. These offenses range from misdemeanors to felonies, depending on the value of the stolen property and the circumstances of the crime.

Money Laundering

Organized crime networks often generate high profits through illicit activities like drug trafficking, fraud, or theft. Money laundering techniques are then used to integrate these proceeds into the legitimate economy, making them appear to be derived from legal sources. Texas law imposes severe penalties on those convicted of this offense, including potential jail time and expensive fines.

Homicide

Criminal organizations are often accused of using homicide to eliminate rivals, enforce control over territories, or retaliate against perceived threats. Prosecution for homicide in organized crime cases can result in severe penalties, including decades in prison or even capital punishment.

Human Trafficking and Prostitution

The Texas organized crime statute identifies the promotion of prostitution or compelling prostitution as common organized crime offenses. Although human trafficking is not specifically mentioned, many organized crime prostitution rings involve victims of human trafficking. Under Texas law, trafficking of persons is a felony offense punishable by up to 20 years in prison and up to $10,000 in fines.

Gambling Operations

Organized crime syndicates sometimes engage in illegal gambling operations, such as sports betting, casino-style games, and poker rooms. Texas gambling laws are complicated and often misunderstood, even by individuals in law enforcement. This can lead to ordinary business people unwittingly running afoul of these laws. Law enforcement agencies use various tactics to investigate and disrupt illegal gambling operations, including undercover operations, surveillance, and financial analysis.

Fraud

Organized crime cases may involve various schemes designed to defraud individuals, businesses, or government agencies of money or property. These schemes may include identity theft, investment fraud, healthcare fraud, or other forms of financial deception. Organized crime groups often use sophisticated methods, such as computer hacking or false billing schemes, to perpetrate large-scale fraud.

Drug Distribution

Organized crime often involves the production and/or distribution of illegal drugs, including narcotics like heroin, cocaine, methamphetamine, and marijuana. Drug distribution networks may span multiple states or even countries, with various individuals and groups involved in different aspects of the operation. Law enforcement agencies may employ extensive resources to investigate and dismantle drug distribution networks, such as surveillance, undercover operations, and cooperation with other agencies.

Defenses to Organized Crime Charges

If you have been charged with engaging in organized criminal activity in Texas, your criminal defense lawyer will evaluate your case to determine the best legal defense. Depending on the circumstances, one or more of the following may apply.

The Renunciation Defense

The “renunciation defense” is specifically outlined in Texas Penal Code Section 71.05. It is an affirmative defense in which the defendant argues that they withdrew from the organized crime group before the related offense was committed and that they took further affirmative action to prevent the offense from being committed.

For example, if you were part of an organized crime group that was accused of drug distribution but left the group before the drug distribution took place and attempted to prevent the group from committing this crime, you could argue the renunciation defense in court.

Insufficient Evidence

Like in any other criminal case, the prosecution must provide sufficient evidence to prove guilt beyond a reasonable doubt in an engaging in organized criminal activity case. Your organized crime lawyer can evaluate the evidence against you and look for weaknesses, inconsistencies, or constitutional violations that could undermine its reliability or render it inadmissible in court.

Excluded Defenses to Organized Crime Charges

Texas Penal Code Section 71.03 prohibits defendants from using certain defenses after being charged with engaging in organized criminal activity. They are:

• One or more group members are not criminally responsible for the related offenses
• One or more group members have been acquitted, have not been prosecuted or convicted, or are immune from prosecution.
• Another group member has already been charged with, acquitted of, or convicted of the same related offense
• The number of group participants has been reduced or changed since it was formed, assuming that at least two people involved are involved in the group’s continuing organized criminal activity

How Can a Greater Houston Organized Crime Lawyer Help?

Facing organized crime charges is a serious matter, but a skilled lawyer can make a significant difference in your defense. At the Law Office of Amanda Skillern, PLLC, we are dedicated to providing the support and legal representation you need to confront these charges. Here’s how we can help:

• Thorough Case Evaluation: We start by examining all details of your case to understand the charges against you and how they were brought about. This helps us identify any weaknesses in the prosecution’s arguments and develop a better defense strategy.
• Assertive Legal Representation: Amanda Skillern and her team will represent you in all legal proceedings, ensuring that you have a strong advocate in your corner at every stage. We handle communications with law enforcement, negotiate with prosecutors, and present your case in court if necessary.
• Strategic Defense Planning: Our team will create a defense plan tailored to your situation. This may involve challenging the evidence, questioning the methods used to gather it, and presenting alternative explanations for the alleged activities.
• Clear Communication: We believe in keeping our clients well-informed. You will receive regular updates about your case and clear explanations of your options, allowing you to make well-informed decisions.
• Support and Guidance: We understand the stress that comes with facing criminal charges. Our team is here to provide not only legal support but also reassurance and guidance throughout the process.

Ms. Skillern’s eleven-plus years as an Assistant District Attorney in Harris County, followed by 6+ years as a defense attorney, have equipped her with invaluable experience handling every type of criminal case, from minor offenses to serious felonies. She was involved in complex criminal investigations involving multi-tiered organizations and large financial transactions. By the time she opened her private practice, she had managed thousands of cases and participated in over thirty trials.

With this extensive background, the Law Office of Amanda Skillern, PLLC is well-prepared to defend clients against organized crime charges. You can trust us to provide the representation you need to protect your future.