I’m being charged with a white collar crime by the state of Texas, not the federal government. How does this change matters?
Mainly the big difference between being charged with a white collar crime by the state of Texas versus the federal government really deals with punishment. In the state of Texas if you’re charged with a white collar crime, it generally involves money and the loss amount will determine the degree of offense so it can range anywhere from a misdemeanor all the way up to life in prison. But, also the difference is there are no sentencing guidelines in the state of Texas; the judge has a broad discretion as far as punishment can be and, as I said, it can be anywhere from up to life in prison but also could be simply probation either regular probation or what we call deferred adjudication where if you successfully complete the probation you won’t have a conviction on your record. You’d still have a record of your arrest, but you wouldn’t have a conviction on your record.
And so those are the main differences between being charged with a white collar crime in the state of Texas versus federal court.