When Do a Police Officer’s “Misrepresentations” on a Warrant Application Matter?

Before the police may lawfully search a person’s property without the owner’s consent, an officer must first obtain a search… Continue reading When Do a Police Officer’s “Misrepresentations” on a Warrant Application Matter?

Houston Man Faces 20 Years in Prison for Acting as “Runner” in Telemarketing Scam

Nobody likes getting telemarketing calls. One reason for this is that many such calls are schemes designed to cheat individuals… Continue reading Houston Man Faces 20 Years in Prison for Acting as “Runner” in Telemarketing Scam

Posted by Tad A. Nelson | Open Container Violation

If a police officer pulls a driver over for a traffic violation and spots an open container of beer next… Continue reading Can a Passenger Have an Open Container of Alcohol In a Vehicle?

When you are accused of a crime, you have the right to a trial to confront and challenge the prosecution’s… Continue reading What Counts as a “Speedy Trial” in a Misdemeanor Case?

Posted by Tad A. Nelson | DWI & Texas Law

The definition of drunk driving in Texas is fairly straightforward: A person commits DWI if they are “intoxicated while operating… Continue reading What Qualifies as a “Motor Vehicle” for a DWI Charge?

Posted by Tad A. Nelson | Drunk Driving, DWI

Drunk driving is considered a “strict liability” offense in Texas. This means that your mental state is generally irrelevant. The… Continue reading Is “Necessity” a Possible Defense to a DWI Charge?

Posted by Tad A. Nelson | Auto Accidents

A drunk driving accident typically draws a harsh response from prosecutors and judges, especially when an innocent person is killed.… Continue reading Fort Worth Man Receives 20 Years for Fatal DWI Accident

Once police respond to a report of possible domestic violence, any evidence they legally obtain may later be used to… Continue reading Can Prosecutors Prove Domestic Violence Even With Contradictory Eyewitness Testimony?

The first time a person is convicted of a DWI in Texas, it is usually treated as a Class B… Continue reading How “Habitual DWI Offender” Status Can Mean A Life Sentence

To convict someone of drug possession, prosecutors must prove the defendant “knowingly” possessed the controlled substance in question. This can… Continue reading How Can Prosecutors Prove Someone “Knowingly” Possessed Illegal Drugs?