Actual vs. Constructive Possession in Texas Drug Crimes Cases

July 9th, 2021 by Tad Nelson in Drug Crime, Felony Crimes, Marijuana Possession, Misdemeanor Crimes

When it comes to drug possession charges, the elements that prosecutors must prove are the same in every case. The Texas Controlled Substances Act prohibits the knowing, intentional possession of a controlled substance that is listed on different Schedules and/or Penalties groups. The nature of the charges varies by the type of drug, but the […]

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5 Things to Know About Drug Trafficking Charges in Texas

June 8th, 2021 by Tad Nelson in Criminal Defense, Drug Crime

There are many different types of drug crimes in Texas, and the type of charges a person can face will depend upon a variety of factors, including the type of controlled substance at issue, the amount of the drug in question, and whether the alleged offense involves factors that could result in a federal instead […]

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How do Federal Drug Crimes Differ from State Charges?

March 4th, 2021 by Tad Nelson in Drug Crime

Most of the drug-related offenses that are charged in state court tend to be relatively minor. Federal crimes, on the other hand, almost always come with jail time, lengthy prison sentences, and hefty fines. Drug trafficking prosecutions are particularly common in Texas. In fact, in 2010, two of the top five federal districts for drug […]

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Misdemeanor Possession of Marijuana in Texas

February 4th, 2021 by Tad Nelson in Drug Crime

While the possession of small amounts of marijuana has been legalized in many states, it remains a misdemeanor level crime in Texas, which means that defendants who are convicted of this offense face serious penalties, including jail time and fines. Although not as serious as a felony offense, misdemeanor allegations should still not be taken […]

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What is Constructive Possession?

January 11th, 2021 by Tad Nelson in Drug Crime

Under Texas law, there are two forms of possession, either of which can result in serious drug possession charges. The first of these forms is known as actual possession and as its name suggests, occurs when law enforcement officers actually find illegal drugs in a person’s direct physical possession, such as in their hands or […]

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Enhancements for Offenses Committed in Drug-Free Zones

December 4th, 2020 by Tad Nelson in Drug Crime

Any type of drug possession charge should be taken seriously, as a conviction can come with severe penalties, including jail time and fines. These crimes are punished even more harshly, however, when they take place in certain areas. Those who are found in possession of an illegal substance while in a drug-free zone, for example, […]

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Drug Possession vs Drug Distribution in Texas

November 4th, 2020 by Tad Nelson in Drug Crime

Being convicted of a drug-related crime comes with serious penalties, including hefty fines and significant jail time. Certain types of drug offenses, however, including distribution of a controlled substance, come with particularly harsh penalties, so if you were recently accused of possessing or distributing drugs, it is important to contact an experienced drug charges lawyer […]

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Can Police Search My Luggage Without a Warrant If I’m Arrested at the Airport?

October 5th, 2020 by Tad Nelson in Drug Crime

The U.S. Constitution generally prohibits warrantless police searches of a suspect’s property. There are, however, multiple exceptions to this general rule. One such exception is for a “search incident to arrest.” This exception provides that when police lawfully arrest a suspect, the officers may conduct a search of the person and the area within the […]

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Do Prosecutors Have to Disclose the Identity of Confidential Informant in Drug Cases?

September 3rd, 2020 by Tad Nelson in Drug Crime

Texas law enforcement often relies on “confidential informants” to assist them in making drug arrests. By law, the prosecution may continue to keep the identity of these informants secret from the defendant during trial, unless the judge determines there is a “reasonable probability” that the informant can offer testimony “necessary to a fair determination of […]

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What Is Considered “Entrapment” When It Comes to a Drug Crime?

August 5th, 2020 by Tad Nelson in Drug Crime

Police officers often rely on undercover work and confidential informants to help gather evidence of potential drug crimes. In some cases, however, these actions may cross the line from a legitimate investigation into what is known as “entrapment.” As defined by the Texas Penal Code, entrapment refers to a situation where a defendant engaged in […]

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