Can Two Defendants Share a Criminal Defense Attorney?

April 22nd, 2022 by Tad Nelson in Criminal Defense

This question pops up sometimes when two people are arrested for participating in the same crime. They might think hiring the same lawyer is convenient or will help reduce costs. But there are serious ethical issues which prevent a lawyer from representing two defendants in the same case. And defendants benefit by having their own […]

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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 […]

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Is an Accuser’s Testimony Enough to Send a Person Charged with a Sex Crime to Prison for Life?

July 27th, 2020 by Tad Nelson in Sex Crime

Sex crimes involving child victims often draw the harshest penalties under Texas law. For example, the offense of continuous sexual abuse of young child or children is a first-degree felony. This means that if convicted, a defendant faces a potential life sentence–or at a minimum, at least 25 years in prison. Houston Court Upholds 50-Year […]

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What Happens If I Do Not Attend “Anger Management” Classes Following a Domestic Violence Conviction?

June 12th, 2020 by Tad Nelson in Domestic Violence

Criminal domestic violence charges do not automatically mean jail time. In many cases, particularly with first-time offenders, a judge will sentence a defendant to probation. But probation–or community supervision, as it is known in Texas–carries with it a number of conditions. And if you do not strictly follow all of these conditions, you risk ending […]

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Does Admitting to a Possible Crime at a Probation Hearing Prevent Me from Arguing Self-Defense at Trial?

February 4th, 2020 by Tad Nelson in Criminal Defense

Any criminal charge is a serious matter. But if you are already on probation–or community supervision, as it is known in Texas–for another offense, you are now facing a possible two-front battle. On the one hand, prosecutors can use the new charge as grounds to revoke your probation. On the other hand, you now face […]

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Can a Jury Consider “Outside Evidence” in a Texas Criminal Case?

September 3rd, 2019 by Tad Nelson in Criminal Defense

One of the most important principles of criminal defense law in Texas is that every defendant has the right to trial by jury. The jury is expected to weigh the evidence presented and reach an impartial verdict according to the law. Among other things, this means the jury cannot consider any outside evidence–including their own […]

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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 […]

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Can I Lose My Handgun License If I Plead Guilty to a DWI

April 16th, 2019 by Tad Nelson in DWI

If you have never been in trouble with the law before, a DWI charge might not seem like a big deal. After all, a first-time DWI is only a misdemeanor offense. But what you may not realize is that even a misdemeanor conviction can have serious consequences for your civil rights going forward. Houston Court […]

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What Qualifies as “Felony Murder” in Texas?

April 2nd, 2019 by Tad Nelson in Criminal Defense

Murder normally refers to the crime of intentionally killing someone. But Texas also recognizes the criminal offense of “felony murder,” which broadly refers to an unintended murder committed “in the course of a felony.” In other words, if you intentionally commit a felony other than murder and accidentally kill someone, the state can prosecute that […]

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Do Police Always Need “Reasonable Suspicion” of DWI Before Talking with a Driver

March 14th, 2019 by Tad Nelson in DWI, Uncategorized

When it comes to DWI & drunk driving offenses in Houston, you need to be concerned with both the potential civil and criminal consequences. For instance, if you are arrested for DWI and have no prior drunk driving record, you can still face up to 180 days in jail if convicted on criminal charges. But […]

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