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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Is Eyewitness Testimony Enough to Prove There Was a Gun?

July 6th, 2020 by Tad Nelson in Criminal Defense

The presence of a weapon during the commission of a crime can make a significant difference in how prosecutors charge a suspect. For example, Texas law defines “robbery” as theft that involves “intentionally or knowingly” putting the victim “in fear of imminent bodily injury or death.” This does not have to involve a deadly weapon […]

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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 Convicted of Misdemeanor Theft Even If Nobody Saw Me Take Anything?

May 23rd, 2019 by Tad Nelson in Misdemeanor Crimes

Petty theft is one of the more common misdemeanor crimes committed in Texas. The degree of the offense is tied to the value of the stolen property (or services). For example, if you are accused of stealing property from a store worth between $500 and $1,500, that is a Class A misdemeanor under the Texas […]

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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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How the “Law of Parties” Can Lead to Felony Charges Even If You Did Not Directly Participate in the Crime

May 2nd, 2019 by Tad Nelson in Criminal Defense

In Texas criminal law, a person may be held responsible for a crime they did not directly participate in under what is known as the “law of parties.” Basically, this means that someone else committed the actual crime, but the defendant charged under the law of parties acted “with the intent to promote or assist […]

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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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