When Does a “Non-Custodial” Interview Become an Interrogation

April 9th, 2018 by Tad Nelson in Criminal Defense

As criminal defense attorneys, one thing we stress time-and-again to our clients is the importance of invoking your rights to remain silent and seek the advice of counsel before speaking with the police. Of course, the police are constitutionally required to advise you of these rights before arresting you or otherwise taking you into custody. […]

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How an iPad Can Lead to a Burglary Conviction in Texas

September 26th, 2017 by Tad Nelson in Houston Criminal Cases

Electronic devices are a valuable commodity and a frequent target of burglary. But today’s “smart” devices, including tablets and phones, contain tracking features that make it possible to locate a stolen device even without police assistance. Such tracking, in turn, can help provide evidence that may be used against the accused burglar at trial. Device […]

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Taking Burglary Seriously in Texas

August 15th, 2017 by Tad Nelson in Criminal Defense

Although burglary is often portrayed in a somewhat comical light–think of the masked man wearing stripes and carrying a sack with a dollar sign on it–in reality is a serious crime. Indeed, burglary involving a residence or other “habitation” is a second-degree felony in Texas. In plain terms, if you enter someone’s house and steal […]

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Am I Guilty of Theft in Texas If I Thought I Had the Owner’s Consent?

May 22nd, 2017 by Tad Nelson in Criminal Defense

Theft is defined under Texas law as the crime of unlawfully appropriating property “with intent to deprive the owner” of said property. Put another way, theft is when you take someone else’s property without their consent. Of course, there are cases where a person mistakenly believes they had consent. If so, they can argue “mistake […]

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Burglary, Breaking and Entering & Theft? What Is the Difference?

October 3rd, 2016 by Tad Nelson in Criminal Defense

There are many legal terms that people are familiar with even if they do not understand the exact meaning. “Burglary” and “theft” are two examples. Although you might think they are the same thing, they refer to different categories of criminal offenses, at least under Texas law. Theft Let’s start with theft. The Texas Penal Code […]

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Difference Between Theft, Robbery, Burglary in Houston

December 11th, 2015 by Tad Nelson in Criminal Defense

Theft, robbery, and burglary are all criminal offenses under Texas law that involve the intentional and wrongful taking of property that does not belong to you. However, there are substantial differences between each of these crimes. As a result, the penalties for being convicted of these crimes differ, as well. Regardless of the offense, however, […]

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