Federal Drug Classifications and Criminal Charges

January 7th, 2022 by Tad Nelson in Drug Crime, Felony Crimes

If you are facing drug crimes charges of any kind, it is essential to seek advice from an experienced Texas drug crimes defense attorney as soon as possible to begin building your defense. Yet it is also critical to learn more about the charges you are facing. The following information explains how drugs are classified […]

Read More →

How the Statute of Limitations Works in Texas Criminal Cases

November 4th, 2021 by Tad Nelson in Criminal Defense, Drug Crime

The statute of limitations refers to a law that limits the time the state has to charge an individual with a particular criminal offense. Some crimes, such as murder, have no statute of limitations. But in Texas, there is a three-year statute of limitations for felonies unless the law specifically provides otherwise. The three-year period […]

Read More →

How Can Prosecutors Prove Someone “Knowingly” Possessed Illegal Drugs?

October 7th, 2021 by Tad Nelson in Criminal Defense, Drug Crime, Felony

To convict someone of drug possession, prosecutors must prove the defendant “knowingly” possessed the controlled substance in question. This can be simple to do if the drugs are found in the defendant’s coat pockets. But what if the drugs are recovered from an area where multiple people might have had access? Here, our Houston criminal […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

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, […]

Read More →