What Happens When a Criminal Suspect Does Not Fully Understand Their Rights in a Police Interrogation?

October 2nd, 2020 by Tad Nelson in Criminal Defense

Before police may lawfully start to question a criminal suspect, they must advise that suspect of their constitutional rights–namely, the right to remain silent and the right to an attorney. The suspect must understand and acknowledge these rights before any interrogation can proceed. And of course, if the suspect actually invokes their rights, the interrogation […]

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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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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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When Is It “Unfair Prejudice” for a Prosecutor to Bring Up Additional Allegations in a Domestic Violence Case?

August 12th, 2020 by Tad Nelson in Domestic Violence

An issue that often comes up in the trial of domestic violence cases is the admission of evidence regarding “extraneous offenses.” That is to say, if you are accused of assaulting a family member, can the prosecution introduce allegations of similar prior acts as evidence against you? The short answer is that such evidence is […]

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Failing to Report Property Damage in a Car Accident Can Lead to Jail Time

August 10th, 2020 by Tad Nelson in Traffic Offenses

When you are involved in a minor traffic accident with another car, you should always get out and exchange information with the other driver. The same applies if you are involved in an accident that damages a fixture or structure while driving–you should always notify the property owner there has been an accident. Indeed, failure […]

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What Is Considered “Entrapment” When It Comes to a Drug Crime?

August 5th, 2020 by Tad Nelson in Drug Crime

Police officers often rely on undercover work and confidential informants to help gather evidence of potential drug crimes. In some cases, however, these actions may cross the line from a legitimate investigation into what is known as “entrapment.” As defined by the Texas Penal Code, entrapment refers to a situation where a defendant engaged in […]

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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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Appeals Court Refuses to Reverse DWI Conviction of Austin Man Who “Unequivocally” Decided to Represent Himself

July 17th, 2020 by Tad Nelson in DWI

A DWI charge is not a parking ticket. It is not something that you should try to contest yourself without the assistance of experienced counsel. While you do have a constitutional right to represent yourself in any criminal matter, that does not make it a good idea, especially since the potential penalties can be quite […]

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