Texas Penal Code 37.13 – Record of a Fraudulent Court

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/ Texas Penal Code 37.13 – Record of a Fraudulent Court

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Texas Penal Code 37.13 – Record of a Fraudulent Court

WHAT IS RECORD OF A FRAUDULENT COURT IN TEXAS?

The Texas law against record of a fraudulent court prohibits making, presenting, or using anything purporting to be a court record with intent that it be given legal effect.

WHAT IS THE RECORD OF A FRAUDULENT COURT LAW IN TEXAS?

Tex. Penal Code § 37.13. RECORD OF A FRAUDULENT COURT.

(a) A person commits an offense if the person makes, presents, or uses any document or other record with:

(1) knowledge that the document or other record is not a record of a court created under or established by the constitution or laws of this state or of the United States; and

(2) the intent that the document or other record be given the same legal effect as a record of a court created under or established by the constitution or laws of this state or of the United States.

(b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under this section on two or more occasions.

(c) If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.10, the actor may be prosecuted under any of those sections.

WHAT IS THE PENALTY CLASS FOR RECORD OF A FRAUDULENT COURT IN TEXAS?

The first and second time a person commits record of a fraudulent court, it is a Class A misdemeanor, punishable by up to one year in county jail. If a person charged with record of a fraudulent court has been convicted two or more times of the same offense, it is a third degree felony, punishable by two to ten years in prison.

WHAT IS THE PUNISHMENT RANGE FOR RECORD OF A FRAUDULENT COURT IN TEXAS?

Record of a fraudulent court charged as a Class A misdemeanor carries up to one year in jail, and a maximum fine of $4,000. A person charged with a third degree felony faces between two and ten years in prison, and a maximum $10,000 fine.

WHAT ARE THE PENALTIES FOR FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY IN TEXAS?

A person charged with record of a fraudulent court may be eligible for probation after a conviction, or deferred adjudication without a conviction. The maximum period of either type of community supervision for a Class A misdemeanor is two years. For a third degree felony, the period of community supervision term may not exceed ten years.

WHAT ARE THE DEFENSES TO RECORD OF A FRAUDULENT COURT IN TEXAS?

The statute does not authorize specific defenses to record of a fraudulent court. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR RECORD OF A FRAUDULENT COURT IN TEXAS?

The limitation period for record of a fraudulent court charged as a Class A misdemeanor is two years. For a third degree felony record of a fraudulent court charge, the limitation period is three years.

RECORD OF A FRAUDULENT COURT IN TEXAS

A person may be punished under multiple laws, including tampering with a governmental record, and simulating legal process, for making or presenting a fraudulent court document intending that it be given legal effect. Court records include judgments, decrees, orders, subpoenas, and other official documents.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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