White collar crime making a false statement

Houston, TX Viewed 726 times. Posted about 1 year ago in Criminal Defense

I have two social security numbers that I use one was a mistake I made and one was issued to me. Both of them report on my credit bureau and are linked to me only. Or so I thought until I was charged with making a false statement to pbtain credit. I was under the impression unless their was an intent to defraud there is no criminal activity in this. Ultimately the I had two cars that were repoed however I purchased one back and the other I let go because I didn't have the means to catch that cars payments up. The reasons the my bills fell behind is I was in jail and there was nothing I could do to prevent this. I would like for an attorney to contact me on this issue also if they think they can help me. undabobby@yahoo.com - Is this your question? Add additional information

Answers (3)

Herman Martinez

This attorney is licensed in Texas. Posted about 1 year ago.

These are the elements for the crime you described in Texas:

(a) For purposes of this section, "credit" includes:
(1) a loan of money;
(2) furnishing property or service on credit;
(3) extending the due date of an obligation;
(4) comaking, endorsing, or guaranteeing a note or
other instrument for obtaining credit;
(5) a line or letter of credit; and
(6) a credit card, as defined in Section 32.31 (Credit
Card or Debit Card Abuse).
(b) A person commits an offense if he intentionally or
knowingly makes a materially false or misleading written statement
to obtain property or credit for himself or another.

Okorie Okorocha

This attorney is licensed in California. Posted about 1 year ago.

What you are discussing is a defense your lawyer could raise regarding the intent element. This is something that MAY work depending on how the statute you were charged under is worded, but an attorney would have to review your case to say for sure.

Pasadena DUI Attorney

Charles Robert Kyle Vance

This attorney is licensed in Texas. Posted about 1 year ago.

The state doe shave to prove that you either intentionally or knowingly made a material false statement to obtain credit. Only you know the truth; however, the state can attempt to prove this by evidence of your actions or documents. The jury can infer the mens rea (intent) by evidence of your actions.

On the other hand, the defense can attempt to prove mistake or other facts to negate intent by the introduction of its own evidence and testimony.

These type of cases have considerable paper trails and you can be sure that the district attorney has detailed evidence. You need a good attorney who will fight for you.