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Attorney Tad A. Nelson

About Attorney Tad A. Nelson

Posts by Tad Nelson, Defense Lawyer:

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 713-659-0909. Domestic Violence & Texas Law Texas Penal Code § 22.01(a)(1) defines assault offenses. In Texas, domestic violence cases aren’t taken lightly. Here’s a breakdown of assault offenses in Texas. Assault: Causing bodily injury to another intentionally, knowingly, or recklessly. Aggravated Assault: Per Texas Penal Code § 22.02, this is assault with the addition of causing serious bodily injury or using a deadly weapon during the assault. A conviction carries heavier penalties due to the nature of the offense. Assault on a Family Member: This is any assault offense, as defined above, committed against a family member, household member, or a current or former dating partner. When Justice Stumbles False Arrests for Assault We’d love to say that justice is always fair, […]

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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 system continue to exacerbate the situation for those waiting for their day in court. Human Toll A Life on Hold Imagine a life suspended in anticipation due to an unresolved legal case. For some defendants, these delays are more than slight inconveniences. They can be life-altering. Careers can dangle in uncertainty, family relationships can be strained, and the psychological impact of being in limbo isn’t a walk in the park either. Financial Ruin Bail and Beyond The Texas Code of Criminal Procedure, Art. 17.15, maintains that bail should not be used as an instrument of oppression. Yet the prolonged pretrial […]

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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 Types of Evidence Direct Evidence Direct Evidence refers to information that, if true, proves a fact. Typically, it’s hard-hitting stuff like a confession or an eyewitness account. However, the defense attorney must scrutinize the credibility of such evidence. Various issues, such as misidentification, are common. Coercion can create doubts or spur false memories. Circumstantial Evidence Contrary to popular belief, circumstantial evidence isn’t inferior to direct evidence. Circumstantial evidence is information that, while not directly proving the fact, allow an inference of the fact. A web of skillfully spun circumstantial evidence can be potent in court. This is why it’s important […]

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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 need to speak with a defense lawyer about criminal charges or clearing up criminal records, contact our law firm today. We can be reached at 713-659-0909. Ask for either Attorney Tad Nelson or Amber Spurlock. Expungement in Texas Expungement is often referred to as criminal record sealing. It’s the process of getting the criminal justice system to erase certain criminal records. Expunction is outlined in the Texas Code of Criminal Procedure Article 55.01. Individuals are eligible for expungement only under certain circumstances. Eligible individuals may have been acquitted, received a pardon, or had their criminal charges dismissed. Are You Eligible […]

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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 give you some insight into how the seasoned legal professionals at our law firm could assist you in such circumstances. If you have any questions, contact my office at 713-659-0909. 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 physical harm. Texas Domestic Violence Laws at a Glance The Texas Family Code §71.004 outlines the state’s legal definition of family violence. It’s important to understand this because the exact nature of the act and the relationship between the parties involved significantly impact the charges and potential penalties should the accused party be convicted. Criminal Charges & Potential Consequences The criminal classification of criminal charges for domestic violence in Texas can range from a Class C misdemeanor (for threats or minor physical contact) to a first-degree felony (for serious physical harm or use of a weapon). The severity of the criminal classification […]

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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 information like your location, activities, associates, and even incriminating evidence. In Texas, the police can use this information as probable cause for a warrant, as outlined in the Code of Criminal Procedure Art. 18.01(b). As long as it satisfies the Texas Rules of Evidence, the information police copy or screenshot from your social media updates is admissible in court. However, there are limits. The Fourth Amendment of the Constitution of the United States protects U.S. Citizens against unreasonable searches. This protection extends to your social media accounts. Without a warrant, the police can’t compel the owners of social platforms to […]

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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 San Antonio Police Department on a charge of possession with intent to distribute methamphetamine. During a subsequent consensual search of his residence, investigators discovered a .357 caliber revolver. On September 29, 2014, Rodriguez pleaded guilty to possession with intent to distribute over 300 grams of pure methamphetamine and one count of undocumented alien in possession of a firearm. READ MORE Although we aren’t aware of the minute details of the case, why the defendant was so harshly sentenced after pleading guilty & cooperating with the United States Attorney’s Office is an interesting matter of conversation. It begs the questions of […]

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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 a deeper investigation into “why”. We Fight Houston Sex Crime Charges Learn More: Sex Crime Penalties During the course of the 20+ year history of the Law Offices of Tad Nelson & Associates we’ve found that a lot of criminal cases involving allegations of the possession of child pornography are the result of planted evidence, computer tampering by a 3rd party, and in the more interesting cases, the result of downloading files from the internet with hidden packets of images in them. In many of these cases, the hash values of these images are already known to the FBI who, […]

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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. No one else was injured in the wreck. Texas Hit and Run Laws In the state of Texas, hit and run laws generally fall into one of two offenses: failure to stop and give information and failure to stop and render aid. In both instances, the defendant is being charged for leaving the scene of a vehicle crash, wherein vehicles or property is damaged or people are injured as a result. Texas law (Sec. 550.023) dictates that drivers are required to stop and assess the situation following an auto accident, whether that is swapping insurance information or a call to […]

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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 his trial. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. What does this mean? Basically, it means that only if you are sure, beyond all reasonable doubts, may you find a person guilty of a crime. If you have a doubt, and it is reasonable, your verdict should be not guilty. It is one of the most important concepts that exist for individuals charged with crimes. It corresponds with the long-standing legal principle that every person is innocent until proven […]

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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 the statute would indicate that some amount below a usable quantity is not an offense. Some case law on the issue does exist, but an exact definition has yet to be developed. An offense for delivery is committed when a person knowingly or intentionally delivers marijuana. “Deliver” is defined as transferring to or offering to sell to another a controlled substance. It is important to note that there are different penalties depending on whether a transfer or sale has occurred. As an example, when the amount delivered is one-fourth an ounce or less and the person delivering does not receive […]

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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 law, criminal conspiracy is committed if, with the intent to commit a felony: a person agrees with one or more other people to engage in conduct that would constitute the offense; and one or more of them performs an overt act in pursuance of the agreement. The penalty for conspiracy is one category lower than the most serious felony that is the object of the conspiracy. In other words, if the most serious felony was a first degree felony, the conspiracy to commit that felony would be a second degree felony. In a case where the most serious felony is […]

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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 high potential for abuse that may lead to addiction. Possession According to Texas law, it is illegal for a person to knowingly or intentionally possess meth, unless the person obtained it directly from or under a valid prescription. Texas considers meth among the worst and most dangerous drugs. As a result, the penalties for a conviction are severe, even if the amount possessed is very small. The following chart illustrates the penalties: Amount Possessed: Less than 1 gram Penalty: STATE JAIL FELONY Amount Possessed: Between 1 and 4 grams Penalty: 3RD DEGREE FELONY Amount Possessed: Between 4 and 200 grams Penalty: 2ND DEGREE […]

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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 prison sentence of five years and a potential maximum sentence of up to 99 years. A second-degree felony has a mandatory minimum of two years, with a potential maximum of 20 years. These issues are called mitigation issues and can often be the most important of a murder case. “Sudden passion” is defined as passion directly caused by the individual killed or another acting with the person killed, and which arises at the time of the offense and is not solely the result of former provocation. The example most commonly used is a person who finds a spouse in bed […]

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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 definition of sexual conduct is broad. It includes actual or simulated sexual intercourse, deviant sexual intercourse, sexual bestiality, masturbation, or the lewd exhibition of the genitals, which includes the female breast. Visual material is defined as any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any of these. Additionally, it includes any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or video screen by phone line, cable, satellite, or other method. Possession […]

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Marijuana is Illegal

Marijuana Related Criminal Offenses

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There have been a many of young person walk into my law office, with their parents, frightened because they were accused of the criminal offense known as the possession of marijuana (a serious criminal offense) and seeking legal representation to attempt to fight the charge against them. A Conviction Could Ruin College Admission A number of these young people are students looking to move into the realm of higher education and would have their enrollment into college threatened had it been found out they were accused of any form of drug crime including that of the possession of marijuana. At the Law Offices of Tad Nelson & Associates Houston criminal defense lawyer Tad Nelson has had a wealth of success in either getting these type of misdemeanor weed cases thrown out of court due to violations of the defendant’s Constitutional Rights’, or have either worked out a deal with the court to have the criminal record sealed granted that the defendant keeps his/her end of any deferred adjudication bargain he/she is a party to. Legalized Marijuana? In America, there is a momentous movement to legalize marijuana, but it hasn’t happened. Marijuana is still viewed as a dangerous Schedule 1 illegal drug and should be treated as such by anyone looking to avoid being arrested in Houston for marijuana possession or any other form of marijuana related criminal offenses. Need a Criminal Defense Lawyer? If you’ve been arrested and criminally charged for a drug crime in Houston, contact Tad Nelson, a […]

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Texas Law Concept

Understanding Sex Crimes

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Sexual assault is a serious criminal charge in which felony ramifications often apply. With Harris County, Texas having one of the largest concentrations of sex offenders in the United States, one can expect aggressive law enforcement from all levels of local law enforcement agencies on all matters involving sex crimes. Experienced Criminal Defense Houston criminal defense lawyer Tad Nelson has over 30 years of experience handling intense criminal litigation situations and holds a Board Certification from the Texas Board of Legal Specialization in criminal law. If you’re facing criminal charges related to accusations of a sex crime on your part, Houston sex crimes attorney Tad Nelson is the person to talk to. Residual Penalties for Sex Crimes If you’re convicted of a sex crime in Texas you’ll face serious consequences in addition to lengthy prison sentencing that may be imposed by the court in which your case is assigned. If you’re represented by the Law Offices of Tad Nelson & Associates, we’ll work to fight your charges and avoid the sex offender registration requirement. Even for a person who serves their time and pays their debt to society, having a criminal record that includes any reference to a sex crime can cause problems for a person who is looking for a place to live, and persons who may be exploring career options later in life. In short, being found guilty of a sex crime, and having this reflected are a part of your criminal record, is akin to having an […]

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Women with guns - Texas Self Defense

Acts of Self Defense & Texas Law

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Self-defense is referred to as a justification defense, such that although the defendant has committed a criminal act as prescribed by statute, he or she should not be punished because the circumstances justify the defendant’s actions. Typically, one can use force that they reasonably believe is necessary to protect themselves from imminent unlawful force upon themselves. Texas has a broad self-defense law. Under Texas Penal Code, self-defense is a justification excluding criminal responsibility. The self-defense statute states that “a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.” The belief that a force was immediately necessary for self-defense is presumed reasonable where the actor knew or had reason to believe that the person against whom the force was used: Unlawfully and with force entered or attempted to enter the actor’s home, vehicle or place of employment; Unlawfully and with force removed or was attempting to remove the actor from the actor’s home, vehicle or place of employment; or Was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery. The actor cannot be the one who provoked the person against whom force was used and cannot be otherwise engaged in criminal activity. The use of force is not justified where it is in response to a verbal provocation alone, or to resist arrest or search being […]

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Bank Fraud Crimes

Two Texas Women Plead Guilty in Bank Fraud Case

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Petra Del Bosque, a former banker from Zapata National Bank, and Anita Arredondo, an accounts payable clerk for a local construction company, have both plead guilty to bank fraud. Their cases stem from an October 2014 arrest for their part in a check cashing scheme prosecutors say lasted over two years and netted the duo close to $800,000. The indictment stated that Arredondo used her position at the construction company to issue over 300 company checks, which she made payable to contractors. Del Bosque would then cash the checks at her bank, telling the tellers that she was working on the behalf of the contractors. Both women have plead guilty and face up to 30 years in prison and fines of up to $1 million. DOJ: Two Ordered to Federal Prison for Bank Fraud Scheme at Zapata National Bank What a Guilty Plea Means The plea is a defendant’s response to the charges against him or her. By pleading guilty a defendant is formally saying that he/she admits that he/she has committed the crime as charged. By pleading guilty the defendant relinquishes his/her right to a trial, to examine the evidence against him/her, and to question witnesses against him/her. Acceptance of the Guilty Plea by the Court The guilty plea may or may not be accepted by the trial judge. In order for a judge to accept a defendant’s guilty plea the judge will ensure that the defendant understands the consequences of the plea. In other words, for a guilty […]

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Police Need A Warrant To Search Your Cell Phone

Police Need a Warrant to Search your Cell Phone

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Here’s a scenario that, if you are like many Houston residents, you have faced before. You are driving along, maybe a little too fast, or maybe slightly drifting out of your assigned lane. Before you know it, the ominous “red, white, and blue” lights appear out of nowhere and the shriek of a siren pierces the cozy confines of your vehicle. As you pull over to the shoulder and roll down your window, you hear the familiar refrain: “license, registration, and cell phone, please.” Well, maybe that wasn’t quite the way that exchange usually went before the recent Supreme Court decision in Riley v. California, but most folks who find themselves pulled over by the cops shouldn’t be hearing that command any time soon. Cell Phones Are Different Than Wallets or Address Books In a 9-0 decision, the high court ruled that the 4th amendment’s protection against “unreasonable searches and seizures” now extends to an individual’s cell phone. Delivering the opinion for the court, Chief Justice John Roberts definitively stated that: “Cell phones differ in both a quantitative and a qualitative sense from other objects that might be kept on an arrestee’s person. The term “cell phone” is itself misleading shorthand; many of these devices are in fact minicomputers that also happen to have the capacity to be used as a telephone. They could just as easily be called cameras, video players, rolodexes, calendars, tape recorders, libraries, diaries, albums, televisions, maps, or newspapers.” Probable Cause Required to Search or Seize […]

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Man in Jail - Falsely Accused of a Sex Crime

Falsely Accused of Sexual Assault?

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Even if you think you may be accused of a criminal offense sexual in nature, or have already been charged with a sex crime, it’s important that you understand your rights are in jeopardy in conjunction with the important need of immediate legal representation to guard you from defamation of character, an assault on your good name, and to fight the charges. Houston sex crimes attorney Tad Nelson is a forensic scientist as well as a Board Certified® criminal defense attorney in Texas. For over 25 years he has successfully defended people accused of sex crimes, sexual assault, possession of child pornography, and a number of other felony sex crimes. Innocent People Get Accused Of Sex Crimes The basis of a sex crime allegation can be as simple as accidentally brushing up against the breast of a woman or a teenage girl, and can be something as simple as anything that makes a person feel they have been sexually abused. I’ve represented hundreds of professionals, teachers, doctors, chemists, and executives who have been victimized by criminal charges falsely alleging sexual assault. – Attorney Tad Nelson I’ve also seen cases where volcanic marriages, in a state of immense animosity, have resulted in the planting of child porn related material on the computers of male spouses for the purpose of extortion, blackmail, and spite. The Guilty Must Have Representation If know you are guilty of sexual assault, possession of child pornography, aggravated sexual assault, sexual solicitation of a minor, and you were […]

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Burglary - Breaking Into a Habitation

Understanding Burglary & Texas Law

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Burglary is a serious criminal offense in Houston. When burglary defendants are making their rounds through the criminal justice system prosecutors often seek to take advantage of them, or in other words, make an example out of them. Often, it’s easy for prosecutors to secure a conviction on poorly represented people accused of burglary. Burglary is one of those crimes that, if convicted, can serves as a statement to others about what type of person you are. This can have long-lasting ramifications on your career options, criminal record, freedom, and finances. If you have an upcoming court appearance scheduled as a result of burglary charges from the Houston Police Department or the Harris County Sheriff’s Office, you’ll need our help. Burglary & Houston Jurors In Houston, jurors’ view people accused of burglary, even if they haven’t been proven guilty, as being dishonest. This makes it important to secure legal representation by a Houston burglary defense lawyer with experience salvaging the perception of their clients who are facing trial for theft related crimes in Harris County, TX. The manner in which you are presented to the court, in combination with the style in which your attorney articulates your plight, can have a big difference in the outcome at trial. Anytime a person is accused of a crime involving theft, every effort should be exhausted to prevent conviction. Burglary & Texas Criminal Law Burglary is defined under the Texas Penal Code, Title 7, Chapter 30 (TX Burglary Law) Per Texas criminal law, […]

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Man on Trial - Texas Courtroom

Consequences of Criminal Accusations

There are an untold number of consequences that come along with being found guilty of a criminal offense in the court of law. Imagine living forever branded as a criminal as a result of having subpar legal representation, or being found guilty of crime in Houston; everything in your life could change. There are a number of good people who were branded criminals by our criminal justice system that probably shouldn’t have been. Its a fact of life. A number of these same people deserve the punishment they’ve been sentenced to, but don’t they deserve forgiveness? Intimidation By The Criminal Justice System In some of instances in which a person who probably shouldn’t find themselves with a criminal record ends up with one, is as a result of intimidation within the criminal justice system in combination with a lack of “sufficient” legal counsel. This unfortunate circumstance alone is why the legal team of the Law Offices of Tad Nelson & Associates strongly advocate the presence of legal representation anytime a defendant has an encounter with the criminal justice system, police, and prosecutors. Especially during police interrogations related to murder cases. Its easy to be intimidated into pleading guilty to a crime you didn’t commit for a number of reasons which we’ve listed below. To get the situation over with. To get out of jail. Lack of knowledge about the legal system. Disregard for potential damages to criminal history. Harassment or intimidation by law enforcement. Psychological Harassment. Torture. Harassment or intimidation […]

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Texas Drug Convictions

Arrested for Cocaine in Houston? Don’t Panic, Call Tad.

If you, someone in your family, or a close loved one, has been arrested for a criminal offense involving cocaine in Houston, Texas, you’re facing serious criminal charges that will result in a felony conviction if you’re found guilty in a Harris County, TX court of law. Tad Nelson, a Board Certified® criminal lawyer, has the skills needed to afford you the best chance of winning in court. The Law Offices of Tad Nelson & Associates will be able to answer any questions that you may have about cocaine related criminal charges as well as defend you in the court of law if you intend to fight the charge. Even if you’re facing federal charges for cocaine distribution, Attorney Tad A. Nelson can help. Texas Cocaine Conviction Penalties Quantity Classification Penalty Less than 1 Gram State Jail Felony Up to 2 years in prison – $10,000 Fine 1-3.99 Grams 3rd Degree Felony 2-10 yrs. in prison – $10,000 Fine 4-199 Grams 2nd Degree Felony 2-20 yrs. in prison – $10,000 Fine 200-399 Grams 1st Degree Felony 5-99 yrs. in prison – $10,000 Fine Over 400 Grams Enhanced 1st Degree Felony 10-99 yrs. in prison – $100,000 Fine As you can see, all criminal charges connected with cocaine are major felony offenses that carry serious financial penalties along with stiff prison sentencing. A rough as it sounds, its still possible to avoid jail time. Houston criminal defense lawyer Tad Nelson has over 25 years of experience defending Texans accused of cocaine […]

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Attorney Tad Nelson

All Criminal Charges Deserve A Legal Defense

If you or a loved one has been arrested for a criminal offense in Houston the situation is serious. No matter how seemingly small or insignificant the criminal charge may seem, accruing criminal charges can be life altering events if not properly addressed by a Houston criminal defense lawyer who knows how to properly defend his client. There’s No “Minor” Criminal Charge Even when facing charges that seem minor, like a 1st time DWI offense for example, a record of the criminal conviction will appear on your record during future background checks and may prevent you from making very important advancements in your life & given career field. This is the one of the main reasons most people seek legal representation on small charges like possession of small quantities of marijuana. A Threat To Career Advancement In some situations people have found themselves ineligible for certain positions of employment due criminal records appearing on their backgrounds. The lost opportunities can include advancements, pay raises, and promotions that you may have worked hard for. The lost opportunities people suffer on a day to day basis are normally rooted in a criminal record being uncovered. The Law Offices of Tad Nelson & Associates may be able to help with criminal record sealing depending on the details of the case. Some criminal offenses can even prevent you from being allowed to move into some communities, and from pursuing a higher education. Some colleges simply won’t allow persons with criminal records admission into their […]

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