When Can a Person Convicted of a Sex Crime Request New Testing of DNA Evidence?

September 25th, 2020 by Tad Nelson in Sex Crime

Contrary to what television crime dramas would have you believe, DNA testing is not a mistake-proof way of identifying criminal suspects. Indeed, like any scientific method, the process of DNA testing has been altered and refined over the years to the point where many older test results would no longer be considered valid. Yet there […]

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Is It Still Considered Shoplifting If the Stolen Items Never Leave the Store?

September 23rd, 2020 by Tad Nelson in Misdemeanor Crimes

Shoplifting is one of the more common misdemeanor crimes that occur in Texas. Legally speaking, shoplifting is a form of theft, and the severity of the charge will depend on the retail value of the items involved. Regarding the actual definition of theft, the Texas Court of Criminal Appeals has said it is essentially the […]

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Can an Off-Duty Officer Working a Second Job Detain Me on Suspicion of DWI?

September 15th, 2020 by Tad Nelson in DWI

Although most DWI arrests come from traffic stops, the truth is that anytime a police officer observes–or is informed of–possible evidence of drunk driving, you may be subject to questioning and arrest. That is why you always must remember you have the right to remain silent and not answer any questions posed by an officer, […]

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Are There Traffic Ticket “Quotas” in Texas?

September 9th, 2020 by Tad Nelson in Traffic Offenses

If you have been pulled over and cited for a traffic violation, you might be wondering if the officer is not just trying to fulfill some “quota” assigned to them by their superiors. Indeed, the idea of traffic ticket quotas has been in popular culture for many years. But do they actually exist? More to […]

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Can “Bail Jumping” Be Used as Evidence Against You in a Criminal Trial?

September 2nd, 2020 by Tad Nelson in Criminal Defense

When you are charged with a criminal offense in Texas, the court will set bail as a condition of your release pending trial. Bail often includes a bond requirement, i.e., the posting of a cash fee to guarantee you will make all required court appearances. If you fail to show up for a scheduled court […]

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Appeals Court Upholds Former Texas City Manager’s 35-Year Prison Sentence for Wire Fraud

August 28th, 2020 by Tad Nelson in White Collar Crime

White collar crimes are no laughing matter, especially when the defendant is a public official. The misuse of government funds can lead to serious felony charges such as wire fraud. And even a single conviction on wire fraud charges may carry a prison term of up to 20 years. Recently, the U.S. Court of Appeals […]

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Does a Jury Have to Be Unanimous When Committing a Convicted Sex Offender?

August 24th, 2020 by Tad Nelson in Sex Crime

A sex crime conviction can follow you for the rest of your life. Indeed, even after you have served a criminal prison sentence for a sex offense, a Texas judge may subsequently order your “civil commitment” if prosecutors can show you are a “repeat sexually violent offender.” And even if the court does not strictly […]

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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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What Is the Difference Between Robbery and Aggravated Robbery in Texas?

August 3rd, 2020 by Tad Nelson in Criminal Defense

Many crimes in Texas have what are known as “lesser-included offenses.” This means that based on the available evidence, a jury could find the defendant guilty of a lower-degree of crime than the one charged by the state. For example, the crime of “robbery” is considered a lesser-included offense to “aggravated robbery” under the Texas […]

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Houston U.S. Attorney Charges DHS Employee with Wire Fraud, Identity Theft

July 31st, 2020 by Tad Nelson in White Collar Crime

Identity theft is one of the most commonly prosecuted white collar crimes in Texas. If you intentionally use someone else’s name, Social Security number, or other personal identifying information (PII) to obtain money, credit, or anything else of value, you can face serious federal criminal charges. And prosecutors will not hesitate to charge a potential […]

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