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 […]

Read More →

How do Federal Drug Crimes Differ from State Charges?

March 4th, 2021 by Tad Nelson in Drug Crime

Most of the drug-related offenses that are charged in state court tend to be relatively minor. Federal crimes, on the other hand, almost always come with jail time, lengthy prison sentences, and hefty fines. Drug trafficking prosecutions are particularly common in Texas. In fact, in 2010, two of the top five federal districts for drug […]

Read More →

Misdemeanor Possession of Marijuana in Texas

February 4th, 2021 by Tad Nelson in Drug Crime

While the possession of small amounts of marijuana has been legalized in many states, it remains a misdemeanor level crime in Texas, which means that defendants who are convicted of this offense face serious penalties, including jail time and fines. Although not as serious as a felony offense, misdemeanor allegations should still not be taken […]

Read More →

Drug Possession vs Drug Distribution in Texas

November 4th, 2020 by Tad Nelson in Drug Crime

Being convicted of a drug-related crime comes with serious penalties, including hefty fines and significant jail time. Certain types of drug offenses, however, including distribution of a controlled substance, come with particularly harsh penalties, so if you were recently accused of possessing or distributing drugs, it is important to contact an experienced drug charges lawyer […]

Read More →

Can Police Search My Luggage Without a Warrant If I’m Arrested at the Airport?

October 5th, 2020 by Tad Nelson in Drug Crime

The U.S. Constitution generally prohibits warrantless police searches of a suspect’s property. There are, however, multiple exceptions to this general rule. One such exception is for a “search incident to arrest.” This exception provides that when police lawfully arrest a suspect, the officers may conduct a search of the person and the area within the […]

Read More →

Do Prosecutors Have to Disclose the Identity of Confidential Informant in Drug Cases?

September 3rd, 2020 by Tad Nelson in Drug Crime

Texas law enforcement often relies on “confidential informants” to assist them in making drug arrests. By law, the prosecution may continue to keep the identity of these informants secret from the defendant during trial, unless the judge determines there is a “reasonable probability” that the informant can offer testimony “necessary to a fair determination of […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →