2020-07-07 14:56
Two police officers knock on your door. When you answer, you notice the officers are wearing bulletproof vests and have their hands on their weapons. They say they just want to “talk&r&hell…Read More
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Tad Nelson Law Blog
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A legal blog covering topics in both criminal defense and family law.
2020-07-06 17:30
The presence of a weapon during the commission of a crime can make a significant difference in how prosecutors charge a suspect. For example, Texas law defines “robbery” as theft… Read More
2020-06-29 21:54
White collar crimes such as fraud often involve alleged conduct that takes place over an extended period of time. In attempting to prove a criminal charge, however, prosecutors need to show… Read More
2020-06-24 19:24
The right to a jury trial is fundamental to our criminal justice system. Having an impartial, unbiased jury is especially crucial in cases involving alleged sex crimes and sex offenses. By t… Read More
2020-06-23 14:51
When you hear the word “theft,” your first thought might be of shoplifting or, say, snatching an individual’s purse. But the misdemeanor offense of theft is broadly defined… Read More
2020-06-15 20:03
Normally, a police officer requires “probable cause” to initiate a traffic stop or investigate a person suspected of DWI. But an officer may also engage in what is known as a &ld&hell…Read More
2020-06-12 17:53
Criminal domestic violence charges do not automatically mean jail time. In many cases, particularly with first-time offenders, a judge will sentence a defendant to probation. But probation&n&hell…Read More
2020-06-10 15:38
Drag racing is a popular sport in Texas. But it is important to distinguish the legal, organized sport of drag racing–i.e., events held at tracks and sanctioned by governing bodies&nda&hell…Read More
2020-06-05 17:26
The COVID-19 pandemic has touched every part of American society. But prisons are especially vulnerable to outbreaks. Thousands of inmates and prison staff have already tested positive for t… Read More
2020-06-03 16:11
The Sixth Amendment to the United States Constitution affords anyone charged with a crime the right to a “speedy and public trial.” We often take the “public” aspect… Read More
2020-05-29 16:37
When charged with a white collar crime, whether at the federal or state level, you have a constitutional right to a jury trial. The jury itself must be impartial and only consider the eviden… Read More
2020-05-27 15:28
Sex crimes prosecutions are some of the more complex cases handled by the Texas judicial system. They often involve scientific evidence and multiple witnesses. It is therefore critical that… Read More
2020-05-26 20:14
In its simplest form, misdemeanor theft involves taking someone else’s property without their consent. If you took the property by mistake, you can argue that as a defense at trial. Bu… Read More
2020-05-14 14:39
If a police officer suspects you of drunk driving, they can ask you for consent to perform a blood test. Should you refuse–as is your constitutional right–the officer must then o… Read More
2020-05-12 17:59
Domestic violence allegations can quickly lead to felony charges depending on the circumstances. Under Texas law, it is a second-degree felony when a person previously convicted of domestic… Read More
2020-05-08 14:40
If you have ever been pulled over for a traffic violation, you know the first thing a police officer will ask you to do is provide your “license and registration.” With respect t… Read More
2020-05-05 19:17
“Theft” is the criminal offense of appropriating property without the owner’s consent. Not all theft involves violence, mind you. Simply taking money that belongs to someon… Read More
2020-05-04 20:56
How many times have you seen a television show or movie where someone tries to “flush the drugs down the toilet” just before the police bust into the room? What you may not reali… Read More
2020-04-29 16:25
When a person is convicted of certain federal crimes, they can be ordered to pay restitution–i.e., compensation–to their victims. This goes for white-collar crimes as well as vio… Read More
2020-04-27 17:55
When it comes to sex offenses and sex crimes, Texas prosecutors may look to charge someone other than the actual perpetrator. By law, a person is also guilty of a sex crime if they had a &ld&hell…Read More
2020-04-22 22:42
Lying to the police is not just a bad idea. It can land you in serious legal trouble. Filing a “false report to [a] peace officer” is a Class B misdemeanor offense under the Texa… Read More
2020-04-15 15:22
The United States Constitution states that no person may be “subject for the same offense to be twice put in jeopardy of life or limb.” In plain terms, this “double jeopard… Read More
2020-04-13 17:39
A criminal domestic violence case does not necessarily mean jail time. The trial court has the discretion to instead sentence a defendant to a period of probation–known as community se… Read More
2020-04-10 17:36
For many Houston-area residents, dealing with a traffic ticket is usually their first interaction with the local court system. Many people in this situation do not fully understand their rig… Read More
2020-04-06 22:24
During a traffic stop, a police officer may ask for permission to search your vehicle. You should always refuse permission. If the officer has reason to believe you are hiding evidence of cr… Read More
2020-04-02 16:28
When a police officer stops you–or attempts to stop you–for suspicion of a crime, the absolute worst thing you do is flee. The reason for this is simple. Even if you did nothing… Read More
2020-04-01 20:27
White collar crimes like forgery are often prosecuted as misdemeanor offenses, which carry one year or less of jail time. But if a defendant has a prior criminal record, the prosecution may… Read More
2020-03-31 20:07
Compelling prostitution–i.e., pimping–is one of the most serious sex crimes a person can be charged with, in Texas. Under the state’s Penal Code, compelling prostitution is… Read More
2020-03-30 20:09
In a trial involving misdemeanor crimes, the defendant has the same constitutional rights as in felony cases. This includes, among other things, the right to “confront” and cross… Read More
2020-03-19 17:34
Misdemeanor DWI arrests in Texas often begin with a traffic stop. A police officer must first have “reasonable suspicion” that a traffic violation has occurred to initiate such a… Read More
2020-03-16 20:23
A conviction on domestic violence charges can land you in prison for a very long time. Defendants often face an uphill battle in these cases due to the emotionally charged nature of domestic… Read More
2020-03-12 14:55
Traffic violations normally involve vehicles that are actually traveling on public highways. But the Texas Transportation Code also regulates the use of non-operating or “junked”… Read More
2020-03-05 20:32
There are scenarios where prosecutors elect to treat drug offenses, such as possession with intent to deliver, as part of a larger criminal conspiracy. The Texas Penal Code expressly authori… Read More
2020-03-03 16:10
If you are on trial for a criminal offense, the judge may make a number of decisions that you disagree with. Some of these decisions may seriously affect the outcome of the trial itself. As… Read More
2020-02-27 16:05
Tax crimes are among the most commonly prosecuted forms of white collar crimes in Texas. Indeed, one of the easiest ways to find yourself in the crosshairs of the IRS or the U.S. Attorney&rs&hell…Read More
2020-02-21 17:30
Hearsay statements are generally not admissible in criminal trials. Hearsay refers to any out-of-court statement offered to prove the truth of the matter asserted. For example, if a prosecut… Read More
2020-02-19 18:13
Simple assault is a misdemeanor offense in Texas. Assault is defined as “intentionally, knowingly, or recklessly causes bodily injury to another” person. In this context, a &ldqu&hell…Read More
2020-02-14 16:11
In a Texas DWI case, prosecutors may seek an “enhanced” sentence against a defendant under certain circumstances. For example, if the defendant has a prior criminal conviction, t… Read More
2020-02-12 16:13
Domestic violence can elevate a misdemeanor charge into a felony offense. For example, under Section 22.01 of the Texas Penal Code, assault is normally prosecuted as a Class A misdemeanor. B… Read More
2020-02-10 16:57
Not all traffic violations involve actions you make while driving a vehicle. Even if you are simply walking down a public street, an officer may stop and ticket you for violating certain tra… Read More
2020-02-06 16:17
When it comes to drug crimes, law enforcement need not actually find illegal contraband on your person. If the police execute a valid search warrant for your property and locate illegal drug… Read More
2020-02-04 16:51
Any criminal charge is a serious matter. But if you are already on probation–or community supervision, as it is known in Texas–for another offense, you are now facing a possible… Read More
2020-01-31 19:20
White collar crimes include a wide variety of offenses related to forgery and counterfeiting. For example, under federal law, it is a felony to use or attempt to use a forged passport for an… Read More
2020-01-27 15:58
In a criminal trial, the defendant has the right to introduce evidence that may serve to undermine the state’s case against them. This right is not unlimited, as there are a number of… Read More
2020-01-24 17:43
Normally, the maximum penalty for a Class A misdemeanor offense in Texas is one year in jail and a $4,000 fine. But this is only the maximum criminal penalty. Some misdemeanor convictions ca… Read More
2020-01-20 18:51
In deciding whether or not to charge a person with DWI, Houston-area law enforcement officers will often rely on the results of a horizontal gaze nystagmus (HGN) test. This is where the offi… Read More
2020-01-17 01:24
Every Texas criminal defendant has the right to a trial by jury. This includes criminal allegations of domestic violence, or “family violence” as it is known in the Penal Code. A… Read More
2020-01-13 21:51
Traffic violations often lead to the pursuit of other criminal charges, such as DWI or possession of illegal drugs. That is why it is critical to challenge any potential problems with the tr… Read More
2020-01-09 17:02
The Fourth Amendment to the U.S. Constitution normally requires police to obtain a warrant before searching you or your property for potential contraband, such as illegal drugs. But there ar… Read More
2020-01-06 17:26
There is a basic rule in criminal defense law that a defendant cannot advance a legal theory on appeal if they did not raise the same argument during the trial. The reason for this is simple… Read More
2019-12-23 18:41
White collar crimes such as fraud often involve multiple defendants accused of participating in a conspiracy. While prosecutors must prove that each defendant had “knowledge” of… Read More
2019-12-20 17:07
When a person is charged with a sex crime, they have the right to understand the exact charge against them. But there are situations where prosecutors may allege one criminal sexual act in a… Read More
2019-12-18 16:10
In most criminal cases there is a strict time limit that must be followed by prosecutors. This is known as a “statute of limitations.” It is legislation that specifies the maximu… Read More
2019-12-12 17:05
In Texas, a first-time drunk driving offense is typically prosecuted as a Class B misdemeanor under Section 49.04 of the Texas Penal Code. Normally, a Class B misdemeanor refers to a crime t… Read More
2019-12-09 16:06
Domestic violence cases often start out as a fight between spouses or partners. Prosecutors may charge one party as the sole aggressor. But what if the defendant was actually the victim? Can… Read More
2019-12-06 16:11
Even if you are a careful, responsible driver, there may be situations where you are cited for a traffic violation where you were unaware of the underlying cause. For example, under Section… Read More
2019-12-05 21:22
The U.S. Constitution prohibits courts from imposing “excessive bail” in criminal cases. Among other things, this means that courts should not imprison a person accused of a crim… Read More
2019-12-04 17:04
You may not realize this, but the penalties for a criminal conviction in Texas are often not limited to jail time or probation. In many cases, the judge can assess “court costs”… Read More
2019-12-03 15:37
The federal government takes fraud seriously, particularly when it is the victim. Individuals charged with defrauding federal programs often face severe sentences if convicted, and in many c… Read More
2019-11-21 19:05
In sex crimes cases, prosecutors often seek to introduce evidence of “grooming.” In broad terms, grooming refers to actions that sexual abusers take to gain the trust of their vi… Read More
2019-11-18 16:43
As a general rule, you are not supposed to conduct any sort of “outdoor burning” in Texas. There are limited exceptions. For instance, if a local government does not provide tras… Read More
2019-11-14 16:42
A Houston police officer only needs “reasonable suspicion” of DWI to stop and pull you over for further investigation. One thing that can lead the officer to form such reasonable… Read More
2019-11-11 17:27
Domestic violence allegations can lead to serious felony charges, especially if the accuser states the defendant used or exhibited a deadly weapon–such as a gun or a knife–in the… Read More
2019-11-07 15:49
Many traffic violations do not involve anyone besides the driver. For instance, if you run a red light through an otherwise empty intersection, you broke the law but did not hurt anyone. Of… Read More
2019-11-06 15:33
Many drug charges in Texas are resolved by a plea bargain where the defendant is placed on community supervision (probation) in lieu of jail time. It is critical to understand, however, that… Read More
2019-11-05 16:40
When a police officer detains you, it is important to remember that you have certain constitutional rights. For instance, you do not have to answer the officer’s questions or give your… Read More
2019-10-30 14:46
If you are charged with a white collar crime such as fraud, you have the same rights as any other criminal defendant. For example, you have the right to remain silent. But if you choose to w… Read More
2019-10-29 17:40
Houston-area law enforcement take sex crimes cases extremely seriously. Police and prosecutors have every incentive to secure a conviction for anyone accused of sexual assault, particularly… Read More
2019-10-25 16:52
Misdemeanor crimes include a variety of non-violent offenses, such as forgery. Indeed, under the Texas Penal Code, forgery is a Class A misdemeanor in most cases. And forgery itself may cove… Read More
2019-10-17 15:22
Most DWI arrests in Texas begin with an unrelated traffic stop. Assuming the officer has formed a “reasonable suspicion” that the driver has broken some law, any evidence later d… Read More
2019-10-16 14:56
Although many people associate a burglar with a thief who breaks into someone’s house and steals their property, the legal definition of “robbery” is actually quite differe… Read More
2019-10-15 15:05
Traffic violations are commonly used by Texas law enforcement to justify what would otherwise be an unlawful detention of a motorist. But as with any criminal offense, the officer must have… Read More
2019-10-14 15:44
Drug charges can quickly escalate from allegations of simple possession to participation in “organized crime.” Indeed, the Texas Penal Code describes a specific offense known as… Read More
2019-10-02 14:45
In many criminal cases, the defendant chooses to plead guilty to the alleged offense. But a defendant also has a constitutionally protected right to withdraw a guilty plea and seek a jury tr… Read More
2019-09-30 15:39
A white collar criminal conviction often carries more than a prison sentence. In cases involving fraud, embezzlement, or other financial losses, the court will order the defendant to pay res… Read More
2019-09-24 15:14
DNA testing has become popular in recent years as a consumer product. Home kits promise the ability to learn more about your genetic background. But it is important to remember that DNA test… Read More
2019-09-20 17:33
In the Texas judicial system, different courts handle different types of cases. For example, misdemeanor crimes are tried by county courts, while felony cases are handled by district courts… Read More
2019-09-16 15:37
In Texas, a police officer does need definitive proof of drunk driving before initiating a traffic stop that ultimately leads to a DWI arrest. The law only requires “reasonable suspici… Read More
2019-09-12 16:21
Domestic violence is a serious matter under Texas law. In some cases it can lead to felony charges and put a defendant in jail for well over a decade. So it is critical that every piece of e… Read More
2019-09-10 15:36
Anytime that you are stopped by a police officer for a traffic violation, you must present your driver’s license. Most Texas driver’s licenses are valid for six years, after whic… Read More
2019-09-05 20:14
Having a drug charge on your record can have a negative impact on your life even years after the fact. But it may be possible to expunge the record of your drug case after the fact. Expuncti… Read More
2019-09-03 20:49
One of the most important principles of criminal defense law in Texas is that every defendant has the right to trial by jury. The jury is expected to weigh the evidence presented and reach a… Read More
2019-08-28 22:47
The two biggest mistakes that criminal defendants make is speaking to the police outside the presence of a qualified criminal defense attorney, and consenting to a search of their property… Read More
2019-08-22 15:32
When a person is convicted of sex offense or sex crime in Texas, their sentence does not necessarily end when they are released from prison. In addition to possibly needing to register as a… Read More
2019-08-20 21:22
“Finders, keepers,” is an old idiom you probably first learned on the schoolyard playground. It is not, however, a valid legal principle. Just because you find property that may… Read More
2019-08-14 14:27
When you are arrested for drunk driving in Texas, you face not only potential criminal prosecution but also the administrative suspension of your driver’s license. The Texas Department… Read More
2019-08-12 15:22
It is not unusual for a spouse to raise allegations of domestic violence in the context of a divorce case. In some situations, a Houston court will issue a protective order against one spous… Read More
2019-08-09 15:16
Drug charges are not limited to possession of controlled substances. Many defendants find themselves facing additional felony charges of “tampering” or “attempted tampering… Read More
2019-08-08 16:47
If you fail to pay a required toll on a county road, you commit a misdemeanor traffic violation punishable by a $100 fine. And in fact, under Section 284.0701 of the Texas Transportation Cod… Read More
2019-08-01 17:51
You have probably heard about cases where a criminal defendant was exonerated because of DNA evidence. In some cases, this evidence is not discovered (or properly tested) until after the def… Read More
2019-07-31 15:16
Details matter when it comes to white collar crimes. As with any criminal case, the burden is on the prosecution to prove the defendant’s guilt “beyond a reasonable doubt.”… Read More
2019-07-26 15:11
The Internet is a wonderful tool that allows access to information in an unprecedented manner. But it is an equally useful tool for prosecutors and police looking for evidence to convict a d… Read More
2019-07-24 14:57
Most of us have had a bad day at work. And that can affect our ability to do our jobs properly. But is failing to do your job a misdemeanor offense? It can be if you work for the Houston Eme… Read More
2019-07-19 19:47
Most DWI arrests occur when a police officer stops a motorist and orders them to pull over to the side of the road. But what if a drunk driving suspect returns home before the officer has a… Read More
2019-07-17 15:01
Evidence of domestic violence is often used to enhance a criminal case against a defendant in Texas. For example, Section 22.02 of the Penal Code normally treats the offense of “aggrav… Read More
2019-07-15 15:06
Not all traffic violations are dealt with strictly by a ticket. For instance, if a driver accidentally strikes a structure or fixture “adjacent to a highway” and fails to report… Read More
2019-07-10 14:54
Although most simple drug charges are handled at the state level, federal prosecutors may get involved when there is evidence a particular defendant possessed controlled substances–inc… Read More
2019-07-08 15:09
A common problem faced by criminal defendants is the tendency of prosecutors to charge multiple offenses arising from the same acts. For instance, there are many criminal statutes that allow… Read More
2019-06-26 21:39
White collar theft is treated just as seriously in Texas as any other crime. Embezzling money from your employer, for example, is a type of theft. And if the embezzlement occurs over an exte… Read More
2019-06-24 15:04
A sex crimes charge in Texas takes on special weight if the defendant has a prior criminal record, even from another state. Under Section 12.42 of the Texas Penal Code, a defendant faces a l… Read More
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