How You May Face Drug Charges Even if the Drugs Do Not Belong to You

February 6th, 2020 by Tad Nelson in Drug Crime

When it comes to drug crimes, law enforcement need not actually find illegal contraband on your person. If the police execute a valid search warrant for your property and locate illegal drugs, particularly in “plain view,” you can still be arrested, tried, and convicted of drug possession. What matters here is not what is found […]

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Can Police Seize Drugs From Me If They Are in “Plain View”?

January 9th, 2020 by Tad Nelson in Drug Crime

The Fourth Amendment to the U.S. Constitution normally requires police to obtain a warrant before searching you or your property for potential contraband, such as illegal drugs. But there are several exceptions to this rule. For example, if a police officer observes drugs in “plain view,” the officer can seize that evidence without a warrant. […]

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Can a Judge Revoke My Bail If I Use Drugs?

December 5th, 2019 by Tad Nelson in Drug Crime

The U.S. Constitution prohibits courts from imposing “excessive bail” in criminal cases. Among other things, this means that courts should not imprison a person accused of a crime pending trial, unless the charges against them are severe (e.g., murder) or there is credible evidence that the defendant poses a danger to the community if allowed […]

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If I’m on Probation, Can the Police Search Me for Drugs Without a Warrant?

November 6th, 2019 by Tad Nelson in Drug Crime

Many drug charges in Texas are resolved by a plea bargain where the defendant is placed on community supervision (probation) in lieu of jail time. It is critical to understand, however, that probation is not getting off scot-free. Rather, your freedom is restricted by the terms of your plea agreement, which among other things may […]

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Court of Criminal Appeals: Possession with Intent to Deliver Does Not Support “Organized Crime” Charge

October 14th, 2019 by Tad Nelson in Drug Crime

Drug charges can quickly escalate from allegations of simple possession to participation in “organized crime.” Indeed, the Texas Penal Code describes a specific offense known as “engaging in organized criminal activity.” This applies to a scenario where the defendant participates “in a combination or in the profits of a combination or as a member of […]

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Expunction and Multiple Drug Charges

September 5th, 2019 by Tad Nelson in Drug Crime

Having a drug charge on your record can have a negative impact on your life even years after the fact. But it may be possible to expunge the record of your drug case after the fact. Expunction is the legal process whereby any files related to a particular criminal arrest is removed from the government’s […]

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How “Tampering” With Drug Evidence Can Land You in Prison for Life

August 9th, 2019 by Tad Nelson in Drug Crime

Drug charges are not limited to possession of controlled substances. Many defendants find themselves facing additional felony charges of “tampering” or “attempted tampering” with respect to evidence of drug possession or use. In other words, if a suspect tries to flush drugs down the toilet as the police are breaking down the door, the suspect […]

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Can I Be Convicted of “Intent to Distribute” Drugs Even If the Police Never Found Drugs on Me?

July 10th, 2019 by Tad Nelson in Drug Crime

Although most simple drug charges are handled at the state level, federal prosecutors may get involved when there is evidence a particular defendant possessed controlled substances–including marijuana–with the “intent to distribute” the drugs. Note that prosecutors do not need to actually prove the defendant sold or distributed marijuana. The law only requires the government to […]

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Is a Drug Conviction Invalid Because a Police Officer Committed Perjury?

April 4th, 2019 by Tad Nelson in Drug Crime

A cardinal rule of the Texas criminal justice system that is that every person who appears in court must tell the truth. Attorneys for both sides also have an ethical obligation not to knowingly put a witness on the stand who intends to lie. But what happens when a police officer is found to commit […]

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What Are the Legal Consequences of Using Synthetic Marijuana?

November 5th, 2018 by Tad Nelson in Drug Crime

Synthetic marijuana–also known as synthetic cannabinoids or “fake weed”–refers to a wide range of human-produced, psychoactive chemicals that are typically sprayed on dried plant material and either smoked or sold in liquid form for use in vaporizers. Although the chemicals used in these drugs are similar to those found naturally in marijuana, “synthetic marijuana” is […]

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