What Counts as a “Speedy Trial” in a Misdemeanor Case?

October 21st, 2021 by Tad Nelson in Criminal Defense, Misdemeanor Crimes

When you are accused of a crime, you have the right to a trial to confront and challenge the prosecution’s evidence. Both the United States and Texas state constitutions make it clear that every person charged with a crime has a fundamental right to a “speedy trial.” But how “speedy” is speedy? And what happens […]

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Is Failing to Identify Myself to a Police Officer a Crime?

September 21st, 2021 by Tad Nelson in Falsifying information, Misdemeanor Crimes

Can a police officer stop you on the street and demand identification? In some circumstances, yes. Under Texas law, when an officer has “lawfully arrested” or detained a person, it is a misdemeanor offense for the suspect to refuse to give their name, address or date of birth. Similarly, it is also a misdemeanor for […]

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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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When Can I Get a Texas DWI Arrest Expunged from My Record?

August 17th, 2021 by Tad Nelson in DWI, Expungement, Misdemeanor Crimes, Traffic Offenses

Even when a drunk driving arrest does not lead to a criminal DWI conviction, there is still a public record. This means that if someone conducts a background check on you for any reason, the record of your DWI arrest will come up. There is, however, a way to prevent such a scenario, and that […]

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Most Common Traffic Violations in Texas

August 10th, 2021 by Tad Nelson in Misdemeanor Crimes, Traffic Offenses, Understanding Texas Law

Operating a motor vehicle is a privilege that comes with a lot of responsibility. Motor vehicles are large machines that have the potential to cause serious damage when they are unsafely operated, and the state is aggressive about finding drivers committing traffic violations that endanger public safety. At the Law Offices of Tad Nelson & […]

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Texas Marijuana Possession Laws: An Overview

August 5th, 2021 by Tad Nelson in Felony, Marijuana Possession, Misdemeanor Crimes

Possession of a controlled substance in Texas is a big deal, and one that can result in serious fines and years in prison, as well as a permanent mark on one’s criminal record. At the office of Tad Nelson, our Texas drug crimes lawyer provides focused defense for clients facing drug charges. Here’s an overview […]

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Can I Expunge My Criminal Record in Texas?

August 3rd, 2021 by Tad Nelson in Conviction, Expungement, Misdemeanor Crimes, Understanding Texas Law

Being arrested, charged, and potentially convicted of a crime can have long-term consequences. In fact, even if you’re not convicted, an arrest can show up on your record for years—or decades!—to come, impeding your ability to get a job, secure housing, and pursue other opportunities. Those who are facing criminal charges or who have been […]

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What Crimes are Wobblers in Texas?

July 21st, 2021 by Tad Nelson in Felony Crimes, Houston Criminal Cases, Misdemeanor Crimes, Wobblers

Most people have a basic understanding of how crimes are organized in the classification of offenses under Texas law, which separates them into misdemeanors and felonies. Each category in turn breaks down into three levels of misdemeanor and multiple degrees of felony, but the basic distinction revolves around punishment. If you are convicted of a […]

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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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Can I Have a Misdemeanor Expunged from My Record?

May 24th, 2021 by Tad Nelson in Expungement, Misdemeanor Crimes

Many people in Texas face misdemeanor charges and are convicted of the offense. While a misdemeanor offense on your criminal record certainly may not be as serious as a felony offense and likely came with a much lesser sentence, simply having a criminal record with a misdemeanor offense can be problematic. Indeed, from applying for […]

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