Can My Misdemeanor Criminal Record be Expunged?

December 15th, 2020 by Tad Nelson in Misdemeanor Crimes

In addition to potentially resulting in jail time and fines, any type of conviction will go on a person’s criminal record. Having a criminal record can make it difficult to find housing, secure employment, and apply for educational or training programs. It can also have serious repercussions on someone’s personal life. Fortunately, it is possible […]

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Understanding the Different Types of Misdemeanor Offenses in Texas

November 20th, 2020 by Tad Nelson in Misdemeanor Crimes

Texas law divides misdemeanor crimes into three categories, each of which comes with its own range of penalties. The specifics of a defense strategy depends largely on the type of crime that a person is being charged with, so if you were recently arrested for or charged with a criminal offense in Texas, it is […]

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Is It a Crime to Look Like a Member of a “Criminal Street Gang”?

October 21st, 2020 by Tad Nelson in Misdemeanor Crimes

One of the ideals of our criminal justice system is the notion that someone is not guilty of a crime simply based on how they look or appear. Unfortunately, reality does not always meet this ideal. For example, in recent years there has been a movement against individuals who are perceived as belonging to a […]

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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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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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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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What Is the Line Separating “Honest Mistake” from Misdemeanor Theft?

May 26th, 2020 by Tad Nelson in Misdemeanor Crimes

In its simplest form, misdemeanor theft involves taking someone else’s property without their consent. If you took the property by mistake, you can argue that as a defense at trial. But you will still need to prove that mistake was based on a “reasonable belief” you had the right to take the property in the […]

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I Just Received a Traffic Ticket. What Do I Need to Know About My Legal Rights?

April 10th, 2020 by Tad Nelson in Traffic Offenses

For many Houston-area residents, dealing with a traffic ticket is usually their first interaction with the local court system. Many people in this situation do not fully understand their rights and obligations under the law. With that in mind, here is a brief overview of what happens after a police officer issues you a traffic […]

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Understanding the Right to “Confront” the Evidence Against You in a Misdemeanor Case

March 30th, 2020 by Tad Nelson in Misdemeanor Crimes

In a trial involving misdemeanor crimes, the defendant has the same constitutional rights as in felony cases. This includes, among other things, the right to “confront” and cross-examine the witnesses against them in court. But the right of confrontation is subject to certain procedural limits. Houston Appeals Court: Business Records Not “Testimonial” A recent decision […]

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Is Burning Someone on the Leg with a Cigarette Considered “Assault” in Texas?

February 19th, 2020 by Tad Nelson in Misdemeanor Crimes

Simple assault is a misdemeanor offense in Texas. Assault is defined as “intentionally, knowingly, or recklessly causes bodily injury to another” person. In this context, a “bodily injury” includes any amount of physical pain suffered by the victim. For example, a Dallas appeals court recently upheld an assault conviction that was partly based on evidence […]

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