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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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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 713-659-0909. 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 713-659-0909. 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 713-659-0909 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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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 713-659-0909. 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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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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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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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 […]

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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 […]

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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 […]

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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 […]

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