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 […]
Drug Possession vs Drug Distribution in Texas
November 4th, 2020 by Tad Nelson in Drug Crime
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]