Resisting Arrest in Texas

March 3rd, 2021 by Tad Nelson in Criminal Defense

Very few people are actually prepared to be placed under arrest. There are, however, a few things that you should keep in mind if you find yourself in this situation, as failing to comply with certain orders could result in additional charges of resisting arrest. We also all have certain rights when being detained and […]

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What You Should Know About Plea Bargains

February 2nd, 2021 by Tad Nelson in Criminal Defense

Plea bargains, or plea agreements, are a kind of compromise that a defendant makes with a prosecutor. Basically, in exchange for entering a certain plea in a criminal case, the state agrees to change or reduce other charges, or even to lower a person’s sentence. While plea bargains can place defendants in a better position […]

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When Can the Police Search Without a Warrant?

January 7th, 2021 by Tad Nelson in Criminal Defense

While it is true that in most cases, police officers are barred from searching someone’s personal belongings, vehicle, or home without first obtaining a warrant, there are some circumstances in which this formality is not necessary. One of the most common exceptions to the search and seizure rule is when police officers claim that a […]

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What You Should Know About Sexual Assault Charges

December 3rd, 2020 by Tad Nelson in Criminal Defense

Sexual assault, like many other types of sex crimes, is the kind of charge that tends to be judged harshly, even before a defendant is able to give his or her side of the story. Having an experienced attorney on your side who can help you launch a defense as soon as possible after an […]

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The Difference Between Federal Offenses and State Crimes

November 3rd, 2020 by Tad Nelson in Criminal Defense

The majority of defendants who have been accused of a crime are charged in state court. It is possible, however, for a person to be charged with a federal crime, in which case, he or she will be tried in federal court. There are a number of different procedural rules that apply in federal courts […]

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What Happens When a Criminal Suspect Does Not Fully Understand Their Rights in a Police Interrogation?

October 2nd, 2020 by Tad Nelson in Criminal Defense

Before police may lawfully start to question a criminal suspect, they must advise that suspect of their constitutional rights–namely, the right to remain silent and the right to an attorney. The suspect must understand and acknowledge these rights before any interrogation can proceed. And of course, if the suspect actually invokes their rights, the interrogation […]

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Can “Bail Jumping” Be Used as Evidence Against You in a Criminal Trial?

September 2nd, 2020 by Tad Nelson in Criminal Defense

When you are charged with a criminal offense in Texas, the court will set bail as a condition of your release pending trial. Bail often includes a bond requirement, i.e., the posting of a cash fee to guarantee you will make all required court appearances. If you fail to show up for a scheduled court […]

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What Is the Difference Between Robbery and Aggravated Robbery in Texas?

August 3rd, 2020 by Tad Nelson in Criminal Defense

Many crimes in Texas have what are known as “lesser-included offenses.” This means that based on the available evidence, a jury could find the defendant guilty of a lower-degree of crime than the one charged by the state. For example, the crime of “robbery” is considered a lesser-included offense to “aggravated robbery” under the Texas […]

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Is Eyewitness Testimony Enough to Prove There Was a Gun?

July 6th, 2020 by Tad Nelson in Criminal Defense

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 that involves “intentionally or knowingly” putting the victim “in fear of imminent bodily injury or death.” This does not have to involve a deadly weapon […]

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Can a Judge Prevent a Member of Family from Attending My Criminal Trial?

June 3rd, 2020 by Tad Nelson in Criminal Defense

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 of a trial for granted. After all, court proceedings are generally open to the public. But there are exceptions to this rule. Indeed, the U.S. Supreme Court […]

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