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 →

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 […]

Read More →

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 […]

Read More →

Can I Be Charged with Possession If the Police Find Drugs Near Me?

May 7th, 2019 by Tad Nelson in Drug Crime

Drug charges involving possession typically arise from the police finding illegal narcotics on the suspect’s person. But what if the police simply find drugs in a room where you happen to be sitting? Is mere proximity to drugs enough to support a conviction for possession? To help answer these questions, the Texas Court of Criminal […]

Read More →

What Happens If I “Throw Away” the Drugs Before the Cops Search Me?

January 8th, 2019 by Tad Nelson in Drug Crime

You have probably seen movies or television shows where the cops are about to bust someone for drug possession, and the defendant quickly tries to get rid of the incriminating substance, i.e. flushes the cocaine down the toilet. In real life, if prosecutors can prove that you intentionally destroyed potential evidence of a drug crime, […]

Read More →

What Is a “Drug-Free Zone” and How Could It Affect My Criminal Case?

September 7th, 2018 by Tad Nelson in Drug Crime

When it comes to drug crimes in Texas, where the offense occurs can matter a great deal. It is always illegal to possess certain drugs like cocaine. But if you are arrested for possession of cocaine in an area near a school, your sentenced may be enhanced under what is known as the “drug-free zone” […]

Read More →