How “Engaging in Organized Criminal Activity” Can Add Years to a Possible Sentence

October 5th, 2021 by Tad Nelson in Criminal Defense, Gang Membership, Robbery

Texas prosecutors will often try and “enhance” a criminal case by charging the defendant with “engaging in organized criminal activity” or EOCA. This is the state equivalent of the federal RICO statute. It essentially enables the government to charge a defendant with participating in a criminal organization in addition to the underlying criminal act. An […]

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Do Police Have to Initiate a Traffic Stop Before Making a DWI Arrest?

September 29th, 2021 by Tad Nelson in Criminal Defense, DWI, Understanding Texas Law

Many DWI arrests start out as a traffic stop. This means that a police officer first needs “reasonable suspicion” to initiate the traffic stop. If the stop itself was baseless, then any evidence of drunk driving subsequently obtained during the stop is inadmissible in court. That said, not all drunk driving arrests require a traffic […]

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The Use of “Relationship” Evidence in Texas Criminal Domestic Violence Trials

September 14th, 2021 by Tad Nelson in Criminal Defense, Domestic Violence

In most criminal trials, the prosecution cannot introduce evidence of a defendant’s “prior bad acts” to establish their guilt of the charged offense. But Texas law makes a notable exception for domestic violence cases. When the alleged victim of a crime is the defendant’s spouse or dating partner, or a member of their household, Section […]

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Is My “Mere Presence” Near Illegal Drugs Enough to Prove Possession?

September 7th, 2021 by Tad Nelson in Criminal Defense, Drug Crime, Felony, Misdemeanor Crimes

You probably already know that possession of certain drugs–or “controlled substances,” as they are technically known under Texas law–is illegal. For example, if an officer arrests you and finds a baggie filled with cocaine in your pocket, it is a pretty safe bet the prosecution will cite that as proof you knowingly possessed a controlled […]

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Do You Have the Right to Cross-Examine Witnesses at a Bail Hearing?

September 2nd, 2021 by Tad Nelson in Bail, Conviction, Criminal Defense

The United States Constitution and Texas law guarantee a criminal defendant’s right to seek and receive reasonable bail pending trial. That does not necessarily bar a judge from setting a high bail. But it does require the court to consider a number of factors in setting bails, such as the nature of the alleged crimes […]

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Answers to FAQs About Racketeering White Collar Crime in Texas

August 31st, 2021 by Tad Nelson in Criminal Defense, Racketeering, Understanding Texas Law, White Collar Crime

There are numerous criminal offenses lumped together under the unofficial term “white-collar crime,” and racketeering involves some of the most severe charges under Texas law. In general, the crime of racketeering occurs when an organized crime ring uses or poses as a legitimate business operation to embezzle funds. This type of conduct first became unlawful […]

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3 Quick Facts About Texas Romeo & Juliet Laws

July 23rd, 2021 by Tad Nelson in Criminal Defense, Sex Crime, Sexual Assault

You probably do not expect the ill-fated heroes from a Shakespearean tragedy to come to your rescue when charged with a sex offense, but Texas’ Romeo and Juliet statutes may provide a defense. Knowing that sexual assault of a child is one of the most serious sex crimes defined by state law, it is a […]

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Comparing Civil and Criminal Domestic Violence Cases in Texas

July 14th, 2021 by Tad Nelson in Criminal Defense, Domestic Violence, Houston Criminal Cases

Allegations of domestic violence are treated very seriously in Texas, which is why lawmakers have enacted numerous statutes to protect victims and their families. Still, you might not realize that the structure of these laws actually creates two separate types of legal proceedings. The allegations of an accuser could lead to: A criminal case involving […]

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Reasons a Former Prosecutor Makes the Best Texas Criminal Defense Lawyer

July 6th, 2021 by Tad Nelson in Criminal Defense, Prosecution, Understanding Texas Law

If you have been arrested for a criminal offense in Texas, it is understandable that you view the prosecution as your enemy. The last thing you expect to hear is that a former prosecutor is ideally suited to defend your rights. At one time, this person was the lawyer representing the government in pursuing criminal […]

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Five Things to Know About Traffic Violations in Texas

June 10th, 2021 by Tad Nelson in Criminal Defense, Traffic Offenses

If you are stopped and cited for a traffic offense in Texas, you may be facing more serious penalties than you think. Indeed, even traffic violations can result in substantial monetary fines and other penalties that can affect your life and general well-being, especially if you have a history of traffic offenses in the state. […]

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