When Can a Person Convicted of a Sex Crime Request New Testing of DNA Evidence?

September 25th, 2020 by Tad Nelson in Sex Crime

Contrary to what television crime dramas would have you believe, DNA testing is not a mistake-proof way of identifying criminal suspects. Indeed, like any scientific method, the process of DNA testing has been altered and refined over the years to the point where many older test results would no longer be considered valid. Yet there […]

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Is It Still Considered Shoplifting If the Stolen Items Never Leave the Store?

September 23rd, 2020 by Tad Nelson in Misdemeanor Crimes

Shoplifting is one of the more common misdemeanor crimes that occur in Texas. Legally speaking, shoplifting is a form of theft, and the severity of the charge will depend on the retail value of the items involved. Regarding the actual definition of theft, the Texas Court of Criminal Appeals has said it is essentially the […]

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Can an Off-Duty Officer Working a Second Job Detain Me on Suspicion of DWI?

September 15th, 2020 by Tad Nelson in DWI

Although most DWI arrests come from traffic stops, the truth is that anytime a police officer observes–or is informed of–possible evidence of drunk driving, you may be subject to questioning and arrest. That is why you always must remember you have the right to remain silent and not answer any questions posed by an officer, […]

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The Burden of Proof in a Domestic Violence Case

September 14th, 2020 by Tad Nelson in Domestic Violence

In domestic violence cases, as with any criminal matter, prosecutors may rely on circumstantial and/or direct evidence to establish a defendant’s guilt beyond a reasonable doubt. Put another way, a jury can infer that domestic violence occurred from many smaller pieces of indirect evidence even when there is no direct accusation from the victim. Indeed, […]

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Are There Traffic Ticket “Quotas” in Texas?

September 9th, 2020 by Tad Nelson in Traffic Offenses

If you have been pulled over and cited for a traffic violation, you might be wondering if the officer is not just trying to fulfill some “quota” assigned to them by their superiors. Indeed, the idea of traffic ticket quotas has been in popular culture for many years. But do they actually exist? More to […]

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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 […]

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Can “Bail Jumping” Be Used as Evidence Against You in a Criminal Trial?

September 2nd, 2020 by Tad Nelson in Criminal Defense

When you are charged with a criminal offense in Texas, the court will set bail as a condition of your release pending trial. Bail often includes a bond requirement, i.e., the posting of a cash fee to guarantee you will make all required court appearances. If you fail to show up for a scheduled court […]

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Appeals Court Upholds Former Texas City Manager’s 35-Year Prison Sentence for Wire Fraud

August 28th, 2020 by Tad Nelson in White Collar Crime

White collar crimes are no laughing matter, especially when the defendant is a public official. The misuse of government funds can lead to serious felony charges such as wire fraud. And even a single conviction on wire fraud charges may carry a prison term of up to 20 years. Recently, the U.S. Court of Appeals […]

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Does a Jury Have to Be Unanimous When Committing a Convicted Sex Offender?

August 24th, 2020 by Tad Nelson in Sex Crime

A sex crime conviction can follow you for the rest of your life. Indeed, even after you have served a criminal prison sentence for a sex offense, a Texas judge may subsequently order your “civil commitment” if prosecutors can show you are a “repeat sexually violent offender.” And even if the court does not strictly […]

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The Use of Expert Testimony in Texas Misdemeanor Cases

August 21st, 2020 by Tad Nelson in Misdemeanor Crimes

Although misdemeanor crimes carry less severe punishments than felonies, Texas prosecutors still take these “lesser” cases seriously. Indeed, it is not uncommon for misdemeanor cases to involve the use of expert witnesses. Such witnesses are used to provide a jury with information and analysis that is outside the purview of a typical “lay” witness. But […]

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