When Does “Stalking” Justify a Protective Order in Texas?

September 11th, 2017 by Tad Nelson in Family Law

A protective order does not necessarily require an overt act of violence, such as proof of domestic violence. Under Texas law, a judge may grant a protective order whenever the applicant is the victim of certain specified criminal offenses such as stalking. What constitutes “stalking”? Under Section 42.072 of the Texas Penal Code, there are […]

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What Constitutes a Legal Stop in Houston?

August 28th, 2017 by Tad Nelson in Misdemeanor Crimes

One of the most common traffic violations we see in the Houston area is failing to legally stop at a stop sign or stoplight. According to Section 544.010 of the Texas Transportation Code, a legal stop requires the driver to “stop before entering the crosswalk on the near side of the intersection.” If there is […]

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When Does Fraud Become “Organized Crime” in Texas?

August 18th, 2017 by Tad Nelson in White Collar Crime

One of the most common types of white collar crime in Texas is identity fraud. Under Section 32.51 of the Texas Penal Code, this involves obtaining or possessing someone else’s “identifying information” and using it to defraud someone else. The identifying information may be a physical item, like a credit card or a driver’s license, […]

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Taking Burglary Seriously in Texas

August 15th, 2017 by Tad Nelson in Criminal Defense

Although burglary is often portrayed in a somewhat comical light–think of the masked man wearing stripes and carrying a sack with a dollar sign on it–in reality is a serious crime. Indeed, burglary involving a residence or other “habitation” is a second-degree felony in Texas. In plain terms, if you enter someone’s house and steal […]

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How Is Shoplifting Prosecuted in Texas?

July 13th, 2017 by Tad Nelson in Criminal Defense

Theft and shoplifting are among the most common types of misdemeanor crimes prosecuted in Texas. The severity of a theft charge is tied to the value of the property stolen. For example, under Section 31.03(e) of the Texas Penal Code, theft of property is a Class B misdemeanor if the value of the property stolen […]

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Is it a Crime in Texas for a High School Teacher to Sleep With a Student?

May 11th, 2017 by Tad Nelson in Sex Crime

When in comes to sex crimes in Texas, the nature of the relationship between the defendant and the victim matters. For example, the Texas Penal Code contains special provisions for cases involving an “improper relationship between educator and student.” In other words, if a teacher is having sex with a student at the school they […]

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When Can the Police Search My Car for Drugs?

April 26th, 2017 by Tad Nelson in Drug Crime

Many drug crimes cases in Texas start with a traffic stop. Texas law enforcement officers are trained to profile certain types of individuals as possible drug traffickers. If you are stopped by police, the most important thing to remember is you have a constitutional right to remain silent: Anything can and will be used against […]

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