Can I Be Charged with a Crime for Leaving the Scene of a Traffic Accident?

August 13th, 2018 by Tad Nelson in Traffic Offenses

Most traffic violations involve minor infractions such as speeding in excess of the posted limit. But when a traffic infraction results in an accident, the drivers involved must be aware of their duties under Texas law to stop and report what happened to law enforcement. Under Section 550.021 of the Texas Transportation Code–the state’s traffic […]

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How a Dispute Over Mud Flaps Led to a Truck Driver’s Felony Conviction

July 12th, 2018 by Tad Nelson in Misdemeanor Crimes

Although we commonly associate traffic violations with driving violations like speeding or failing to stop at a red light, an officer may also stop and cite you for any number of equipment problems with your vehicle. In general, it is a misdemeanor under Texas law to operate a vehicle that is “equipped in a manner […]

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When Are You Free to Leave a Traffic Stop in Texas?

May 16th, 2018 by Tad Nelson in DWI, Traffic Offenses

For most Houston-area residents, our primary interaction with the police comes during citations for traffic violations. A traffic stop is considered a “detention” by the police, so you need to be careful when attempting to leave the scene, even for just a few minutes. Under Section 38.04 of the Texas Penal Code, you can be […]

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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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What Happens When I Plead Guilty to a Drug Charge in Texas?

June 5th, 2017 by Tad Nelson in Drug Crime

Drug charges often carry significant penalties in Texas. For example, possession of more than 400 grams of methamphetamine is a first-degree felony under the Texas Penal Code, punishable by a prison term of up to 99 years. This is why if you are charged with possession of any amount illegal drugs, it is important to […]

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Proper Disposal of Prescription Drugs in Texas

November 16th, 2016 by Tad Nelson in Criminal Defense, Drug Crime, Understanding Texas Law

Although drug crimes are often associated with illegal narcotics such as cocaine or marijuana, prescription drug abuse is actually the “fastest-growing drug problem” in the United States, according to the White House’s Office of National Drug Control Policy. In many cases legally obtained prescription drugs are illegally resold or distributed to others. This is why […]

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Grand Juries vs. Petit Juries: An Overview

November 3rd, 2016 by Tad Nelson in Criminal Defense, Understanding Texas Law

Every Houston resident has the right to a “trial by jury” when charged with a criminal offense. But there are two different kinds of juries. What we normally think of as a jury–12 people sitting at trial, hearing evidence, and reaching a verdict–is actually known as a “petit jury.” There is also a separate body […]

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Texas Motorcycle DWI Laws

October 25th, 2016 by Tad Nelson in DWI

According to the most recent figures from the U.S. National Highway Traffic Safety Administration, there are approximately 4,700 motorcyclists killed in a “motor vehicle traffic crash” each year. The NHTSA said about 28 percent of these reported fatalities involved drivers who were legally intoxicated—i.e., they had a blood-alcohol level of .08 percent or higher. Overall, […]

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Surprise: Weapons Charges in a Gun-Friendly State

October 17th, 2016 by Tad Nelson in Criminal Defense, Firearms, Houston Criminal Cases

Texas has long had a reputation as a gun-friendly state. But that does not mean there is an absence of firearms laws. While Texas respects every citizen’s right to keep and bear arms, there are certain limits you need to be aware of in order to avoid possible felony weapons charges. The Right to Keep […]

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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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