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Attorney Tad A. Nelson

About Attorney Tad A. Nelson

Posts by Tad Nelson, Defense Lawyer:

Tad Nelson on General DWI Defense

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In this video, experienced criminal defense lawyer Tad Nelson goes over the ins & outs of DWI defense. Tad Nelson, a criminal law attorney based in Galveston and Houston, explains various strategies to defend clients in DWI cases. Key points include: Non-Alcohol-Related Scenarios: The accused may not have been drinking at all. Situations such as sleep deprivation or medical conditions can mimic signs of intoxication, leading to an arrest by law enforcement. Challenging Probable Cause: Probable cause is essential for a lawful arrest. Evidence from body cams and dash cams can reveal whether probable cause existed. Cases can be dismissed if the officer lacked a valid basis for the arrest. Disputing Intoxication Evidence: Officer judgment of intoxication isn’t definitive. Breathalyzer and blood tests (e.g., gas chromatography) are not always reliable. Scientific evidence must be substantiated by experts in court. Without solid proof of intoxication, the case can be contested. These […]

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Man arrested for DWI in Houston Texas

What Happens After a First DWI in Houston?

Facing a DWI charge in Houston for the first time can be overwhelming. Understanding the process and potential consequences is critical for anyone navigating this situation. Here, we’ll explain what happens after a first DWI charge and how an experienced Houston DWI attorney can assist. The Arrest and Initial Charges A first DWI typically begins with a traffic stop or a sobriety checkpoint. If law enforcement suspects you are driving while intoxicated, you may be asked to perform field sobriety tests or take a breathalyzer test. If your blood alcohol concentration (BAC) is 0.08% or higher, or if other evidence indicates impairment, you will be arrested and charged with DWI. After your arrest, your driver’s license may be confiscated, and you’ll receive a temporary driving permit. To contest the suspension, you must request an ALR hearing within 15 days of the arrest. A skilled Houston DWI lawyer can help you […]

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Man on Trial - Texas Courtroom

Texas Drug Crimes: Defense Strategies & Insights

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In Texas, criminal charges & potential penalties for drug offenses can vary significantly. Dope cases can range from simple possession to distribution & manufacturing allegations. The Texas Controlled Substances Act classifies these offenses based on the type and amount of the substance. Thus, your case is unique with the severity of the charges contingent on the type & quantity of the substance involved with your case. If you’re facing criminal charges for possession of a controlled substance in Greater Houston, contact our criminal defense lawyers today. Tad Nelson & Associates provides legal representation for individuals with felony and misdemeanor criminal charges. To get started, contact our law firm today at 281-280-0100 to schedule your free criminal case consultation with our legal team. Understanding Intent and Possession Intent plays a huge role in felony drug cases. Proving intent can often be more challenging for the prosecution than proving possession. For example, […]

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Legal Representation for Murder Charges

What to Expect When Facing Murder Charges in Texas

Facing a murder charge in Texas is an intimidating ordeal. However, if you know what to expect, some of the stress can be alleviated. If you’re reading this, chances are you or a loved one is grappling with this situation. At Tad Nelson & Associates, we’re here to provide clarity and champion your rights. If you stand charged with murder or another felony offense in Harris County, we’re here for you. Call us at 281-280-0100 to get started. We’re here to help. As far as expectations following murder charges, here’s what you need to know about what lies ahead. The Arrest and Initial Charges Murder is defined under the Texas Penal Code § 19.02 as intentionally causing the death of another. It’s also defined as intending to cause serious bodily injury resulting in death, or committing a felony that results in death. The Initial Court Appearance and Bail Within a […]

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Houston Restraining Order Violation Defense Lawyer

Defending You: Restraining Order Violations

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Restraining orders are intended to protect individuals from harassment, abuse, or threats. They’re also referred to as protective orders. These orders can be temporary or permanent. They impose strict rules that the restrained person must follow. As far as the criminal justice system is concerned, violating a court order in Texas is a crime. A conviction for violating a restraining order could mean up to a year of county jail time. This page is meant to give you information about court order violation offenses. However, if you’re looking for a criminal defense lawyer in Houston to help you fight criminal charges related to violating any type of court order, we’re here to help. You can reach Houston criminal defense lawyer Tad Nelson at 281-280-0100 or via our message form. Schedule your free consultation today! Types of Restraining Orders in Texas Temporary Ex Parte Protective Orders Temporary Ex Parte Protective Orders […]

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DNA Evidence in Criminal Cases

DNA Evidence in Criminal Cases

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When you’re up against criminal charges in Houston, sometimes, the evidence can feel overwhelming. This is especially true when the evidence might involve DNA. It’s a key factor in many cases for the prosecution and the defense. DNA evidence has revolutionized the criminal justice system. It brings a scientific certainty to the courtroom that’s hard to refute. But what is DNA evidence? How does it work in criminal cases, particularly in sex crimes and murder cases? Today, we’ll go over a few important aspects of DNA evidence in Texas criminal cases. However, if you need to speak with a defense attorney about a situation you or a family member are involved in, feel free to contact our law offices at any time. Give us a call to schedule your free & confidential case review. You can reach Houston criminal defense attorneys Tad Nelson & Amber Spurlock 24/7 at 281-280-0100. Understanding […]

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Man In Jail

Enhancements: Prior Convictions & Your Current Case

If you’re ever slapped with a criminal charge in Texas, every aspect of your past will be put under a microscope. Prior convictions will matter in any new criminal proceedings you’re subject to. Prior criminal convictions can influence our defense strategy and, ultimately, the outcome of your case. If you’re facing new criminal charges but have a criminal history, our law firm can help you. The Law Offices of Tad Nelson & Associates has tons of experience helping folks out of the most dire situations in Harris County. If you need to talk with an experienced Houston criminal defense lawyer, contact our law offices today at 281-280-0100. Criminal Enhancements In the criminal justice system, your past is never just that. Prior convictions that are similar to current charges can lead to enhancements of the criminal classification of your current case. This means that if you were previously convicted of a […]

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Houston criminal defense lawyer Tad Nelson

The Importance of Early Legal Counsel in Criminal Cases

When you’re facing criminal charges in Harris County, every second counts. The period before charges are formally filed is a window of opportunity—a chance for you to shape the outcome of your case. With the help of our seasoned legal professionals, it could mean shaping the outcome of the matter in your favor.   At Tad Nelson & Associates, we’re here to offer you a lifeline if you’re expecting criminal charges. If you need help, speak with an experienced Houston criminal defense lawyer today by calling 281-280-0100. Why Act Before Charges Are Filed? It’s a common misconception that the involvement of a criminal defense lawyer begins at the moment charges are filed. However, if the groundwork is laid in advance, it can influence the favorable trajectory of your case. Engaging with our legal team early can drastically affect the amount and quality of evidence available to the prosecution. In fact, […]

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Hand Holding Gun Firing

Stand Your Ground Law As a Texas Legal Defense

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In Texas, understanding self-defense laws and important for every citizen. The Stand Your Ground law in Texas is part of our protective legal landscape. It gives us legal protection to protect ourselves and others when facing threats. Most people have questions about their right to defend themselves and their property. Today, we’ll review a few aspects of the law with regard to self-defense. If you have questions or need legal representation following assault charges stemming from a self-defense situation, contact Houston criminal defense lawyer Tad Nelson today. We can be reached at 281-280-0100. Self-Defense & Texas Law The Stand Your Ground law is covered in Texas Penal Code under Sections 9.31 and 9.32. This legislation articulates that a person has no duty to retreat before using force or deadly force in certain situations if they have a right to be present at the location where the force is used, have […]

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Burglary Defense Lawyer

Burglary Charges & Effective Defense Strategies

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When facing criminal charges related to burglary, understanding Texas law is going to be an important fundamental of any defense strategy. For criminal charges of this magnitude, you’ll need experienced legal representation. At Tad Nelson & Associates, we specialize in criminal defense for people on docket in Harris County. We’ve developed our reputation as criminal defense lawyers by leveraging decades of experience to protect our clients’ rights and interests. If you need to talk with a criminal defense lawyer in Houston about burglary charges, contact us at 281-280-0100 to schedule a free consultation so we can go over your case. Prefer to send us a message? Click here. In the meantime, feel free to browse over the rest of this article to learn more about burglary cases, defense strategies, and Texas law. What Constitutes Burglary in Texas? In Texas, burglary is defined as unlawfully entering or remaining in a building, […]

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Attorney Tad Nelson

Domestic Violence Charges: Know Your Rights

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Let’s face it, no one plans on being arrested for a domestic violence charge. If you’re in such a predicament, knowing your rights is pivotal for ensuring your voice is heard and justice prevails. Whether you’re the accused person or you’re concerned about a loved one, contact our law firm for help. Tad Nelson & Associates has helped people fight back against family assault charges since 1995. Depending on the details of your case, we’ll know which defense strategies to consider and which ones to avoid. If you have questions about securing legal representation for your case, let’s talk about it. We provide free case reviews, and we welcome you to contact our law office to speak with an experienced criminal defense attorney. We can be reached at 281-280-0100. Domestic Violence & Texas Law Texas Penal Code § 22.01(a)(1) defines assault offenses. In Texas, domestic violence cases aren’t taken lightly. […]

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Freedom

How Delays of Justice Hurt Houston Defendants

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For a person charged with a crime in Texas, time can prove to be either an ally or an adversary. For criminal defendants in Harris County, the clock doesn’t simply tick—it resounds like a drum, punctuating the wait for a fair day in court. Delays in justice can wreak havoc on the lives of these individuals. Let’s review the devastating consequences that such delays impose on criminal defendants in Harris County and, to a greater extent, Texas. A Strained System The Harris County Criminal Justice Center is no stranger to case backlog. Understaffed and overworked, the Harris County District Attorney’s Office runs its operation on the margins. This includes the additional pressure of a growing population. Texas Code of Criminal Procedure, Article 32.01 mandates a defendant’s right to a speedy trial, aligning with the Sixth Amendment to the Constitution of the United States. Despite this, extended delays in the justice […]

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Houston criminal defense lawyer Tad Nelson

Understanding Evidence in Criminal Cases

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Evidence is an important factor in both defending and prosecuting people suspected of crimes. In short, the evidence is everything. The evidence influences the trajectory of the case, the narrative, and determines the final outcome – guilt or innocence. When you have a case in the system, hiring the right attorney that knows the law and has an understanding of evidence is paramount. We’ll review some concepts related to evidence, but if you need to talk with a criminal defense lawyer, give us a call. What is Evidence? A Basic Overview At its core, evidence is any material or testimony used in court to establish the truth of a matter. Evidence includes everything from physical items, eyewitness testimony, documents, and even electronic data. In Texas, the Code of Criminal Procedure and Rules of Evidence dictate how evidence is supposed to be collected, preserved, presented, and considered by the court. Different […]

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Criminal Background Check

Texas Expunction: Sealing Criminal Records

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For some of us, having a blotch on our background is like carrying a weight. The appearance of a criminal record in your background is never a good thing. Criminal records can lead to decreased economic options and even keep you from living in some neighborhoods. In some situations, having a criminal background can mean higher leasing fees and insurance premiums. Even contractors and professionals can experience trouble as a result of the appearance of a criminal record during background checks. However, Texas law offers a beacon of hope in the form of expungement. This process is also called criminal record sealing. If you qualify, this option can be just what you need to clear your criminal record. Although not everyone qualifies to have their criminal records sealed, we’re able to help those that do. Since 1991, we’ve helped people fight criminal charges and keep their backgrounds clean. If you […]

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Houston criminal defense lawyer Tad Nelson

Fighting Domestic Violence Charges in Houston

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If you’re facing criminal charges in Houston related to domestic violence, It’s a serious situation. As a Houston-based criminal defense lawyer with a specialization in criminal law, I want to provide you with an overview of domestic violence cases under Texas law. If you’re seeking legal counsel, I’ll provide insight as to how our seasoned legal professionals can assist you in such circumstances. If you have any questions, contact my office at 281-280-0100. Feel free to call at any time. Domestic Violence & Texas Law Under Texas law, domestic violence (also referred to as “family violence”) occurs when an individual commits or threatens a violent act against a family member, household member, or someone they’re currently dating or have dated in the past. This act can either be intended to result in physical harm, bodily injury, assault, or a genuine threat that reasonably places the victim in fear of imminent […]

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Criminal Investigation

The Impact of Social Media on Texas Criminal Cases

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With the proliferation of smart phones, we’ve seen a dramatic shift in the way information is disseminated and consumed. Social media, in particular, has become an integral part of our lives. These online media outlets influence not only our business & personal lives, but can also have a powerful impact on the outcome of criminal investigations and open cases in the criminal justice system. As a Board Certified® criminal defense attorney with over three decades of experience, I’ve seen firsthand how social profile updates and other postings have significantly influenced the trajectory of criminal cases. Social Media & Criminal Investigations Federal & local law enforcement agencies take full advantage of platforms like Facebook, Instagram, and Twitter and use them as tools in their investigations. Local & federal police agencies see these platforms as treasure troves of information. Your updates on these platforms can provide police and others with tons of […]

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DEA-Houston

DEA Capture of Drug Trafficker Yields Sentence

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As criminal defense attorneys, we can only cringe at the fact that the defendant, “Cheke”, plead guilty (admitted his crime), only to be sentenced to 35 years; federal time. It appears that after some investigation, police & federal agents managed to capture Esiquiel Rodriguez with less than 400 grams of meth, and a firearm. There’s more to this defendant however; he was also involved in a larger drug trafficking operation managed by some of the most dangerous drug cartels in Mexico. JUN 04 (SAN ANTONIO) – A former major drug trafficker in the Piedras Negras “Plaza,” 46-year-old Esiquiel Rodriguez (aka “Cheke”), was sentenced in San Antonio today to 420 months in federal prison for federal drug and firearm violations announced DEA Special Agent in Charge Joseph M. Arabit, Acting United States Attorney Richard Durbin, Jr., and San Antonio Police Chief Anthony Treviño. Rodriguez was arrested in April 2013 by the […]

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son of Galena Park mayor in court

East Houston Deputy Arrested for Child Porn Possession

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The crime of Possession of Child Pornography is a serious criminal offense in Texas, Houston, and anywhere else in the civilized world. You would think that a Harris County Precinct 2 Deputy (Constable) would know this, and he probably does. According to Channel 2 News (Houston) KPRC’s website, The son of Galena Park Mayor Esmeralda Moya appeared in court Monday for his arraignment. Sergio Jesus Moya, 26, is charged with up to three counts of possession of child porn. According to the Harris County Precinct 2 Constable’s Office, deputies raided his home Friday and arrested him on suspicion of child pornography. At the Law Offices of Tad Nelson & Associates we advocate a swift stall to any rush to judgement, and a careful review of the situation in full, prior to developing an opinion on a developing case. These are merely allegations, and if found to be frivolous, could warrant […]

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Hit and Run - FSGI

Hit and Run: What’s the Law in Texas?

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Just last month, a hit-and-run incident in North Houston left one man dead in what was a four-vehicle crash, according to a ABC 13 news report. One of the vehicles involved in the wreck was an area school bus. No students were on the bus at the time. The driver of a silver Ford Taurus ran through a red light, hitting a white station wagon squarely, killing a 36-year-old man instantly. The man who was killed was on his way to pick up his son from the local school, the report states. The driver of the Ford Taurus attempted to flee the scene on foot but was apprehended and arrested by the Houston Police Department. Police believe the driver may have been intoxicated during the time of the incident and he is facing charges in connection with fleeing the scene, among other possible criminal offenses, according to ABC 13 News. […]

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Reasonable Doubt - Judge Gavel

Beyond a Reasonable Doubt: The Burden of Proof

The Burden of Proof in Criminal Cases If you or a loved one is charged with a criminal offense in Houston, TX, you may be wondering, “what type of defense do I need to prove to beat these charges?” Understand that the burden is not on you to prove your defense. The burden is on the Harris County District Attorney to prove – beyond a reasonable doubt – that you are guilty and a conviction is warranted. In Texas, the “beyond a reasonable doubt” standard is defined in Section 2.01 of the state’s Penal Code. It states: All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at […]

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Marijuana Prescription

A Review of Marijuana Laws in Texas

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According to this U.S. Department of Health and Human Services report, in 2011, there were 18.1 million Americans 12 and older who admitted to using marijuana within the past month. And while use of marijuana may be widespread, it continues to be illegal under federal and Texas state law. Further, the punishments for marijuana-related crimes can be severe. Schedule I Drug Under federal law, pursuant to the Controlled Substances Act, marijuana is classified as a schedule I drug. This means that the federal government has determined marijuana has a high potential for abuse, has no currently accepted medicinal use in the U.S., and lacks accepted safety for use under medical supervision. Texas Marijuana Laws Under Texas law, it is a crime to knowingly or intentionally possess a usable quantity of marijuana. It is important to note that it is unclear what “usable quantity” actually means. In theory, the wording of […]

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Federal Law - RICO

RICO & Conspiracy Crimes are Serious

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Very often when discussing crime, we focus on the result. For instance, we highlight that someone killed another person (murder) or set fire to a building (arson). But, it is common for many crimes to involve more than one person and be planned in advance. When this happens, it introduces many other crimes known as preparatory offenses. One such preparatory offense is conspiracy, and both the Texas and federal government treat it very seriously. What Does it Mean to Conspire? Generally, conspiracy can be thought of as when two or more people agree to commit an illegal act, coupled with an action that furthers completion of the illegal act. It is important to note that the action does not need to be the intended crime itself. Additionally, a person can be convicted of both conspiracy to commit a crime and the crime that is committed. Texas Conspiracy Statute Under Texas […]

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Meth Possession and Texas Law

The Penal Consequences of Meth Possession

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Most people, thanks to pop culture references, have at least heard of meth-amphetamines, even if they have never seen or been around them. “Meth,” as it is commonly called, is considered one of the most dangerous drugs in the world today, both for the effects using it, as well as the hazard of producing it in illegal labs. As a result, there are severe penalties for involvement with this drug. Meth: An Overview Meth is a stimulant that affects the central nervous system. While it is often associated with recreational use, there are (very limited) medicinal uses for meth. The Food and Drug Administration (FDA) and Drug Enforcement Agency (DEA) classifies it as a schedule II drug, which means a prescription is required to obtain it. These prescriptions are for doses that are significantly lower than the doses a person abusing it recreationally would use. Schedule II drugs have a […]

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Sudden Passion Murder

Sudden Passion Murder

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In certain circumstances, it may be possible to lessen the severity of a murder conviction. The law has long recognized that intensely emotional situations may lead to immediate irrational behavior. While this behavior cannot be excused entirely, a finding of sudden passion can lead to more lenient punishment. Sudden Passion It is important to note that sudden passion is not a defense to a murder charge. In fact, the discussion of whether sudden passion existed is not brought up until after the defendant is convicted. Under Texas law, during the punishment stage of the trial, the defendant may introduce evidence that the death was caused under the immediate influence of sudden passion arising from an adequate cause. If this is proven by a preponderance of evidence, the murder is a second-degree, rather than a first-degree felony. The difference is significant as a first-degree murder is punishable by a mandatory minimum […]

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Possession of Child Porn - Man in Jail

A Look at Child Pornography Cases

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Some of the most serious crimes in the eyes of Harris County prosecutors are those that victimize children. The possession of child pornography is one such crime with severe penalties for individuals convicted of it. A person accused of possessing child pornography not only faces the criminal justice system, but also the disdain of the public. Further, the reputational harm caused by an allegation of possessing child pornography may not go away, even if the person is found to be not guilty. Texas’ Statute Under Texas law, possession of child pornography is committed if a person knowingly or intentionally possesses, or knowingly or intentionally accesses with the intent to view, material that visually depicts a child under the age of 18 at the time the image was made who is engaging in sexual conduct. In addition, the person must know that the material depicts the child as described above. The […]

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