I’m Tad Nelson, a Board Certified® Criminal Law attorney practicing in Brazoria County, TX. A number of my clients have had questions about probable cause, the fairness of their arrest, and a host of related questions. If you’re seeking legal representation for yourself or a loved one, call my office immediately at 979-267-6081 to schedule your free legal consultation.
If you’re interested in learning more about probable cause, how it may related to your situation, and the law, read on.
Probable Cause & Texas Law
Probable cause is that legal threshold requiring enough specific facts or evidence to convince a magistrate that a crime likely occurred. Sounds simple, right? Yet in real-world scenarios, it becomes a swirling confluence of observations, statements, and subjective police interpretations. Under Texas Code of Criminal Procedure Art. 15.01, an officer or prosecutor must present evidence strong enough to show there’s a rational basis for believing a specific individual committed a particular offense.
If the judge approves that evidence, an arrest warrant often follows. This official authorization grants law enforcement the power to seize you (legally) for questioning or immediate detention.
FYI: An officer’s hunch alone isn’t enough. They need tangible proof—eyewitness accounts, sworn statements, or physical evidence—to persuade a judge. But remember, mistakes can and do happen.
Why Probable Cause Isn’t Always So “Probable”
In practice, alleged victims might exaggerate or guess. Officers might rely on partial truths or rely on flawed interpretations. That’s why an experienced defense attorney will meticulously challenge those proof points. Even small details—like disputed eyewitness testimony or questionable police procedure—might shift a judge’s stance on whether probable cause really exists.
I’ve encountered scenarios where an officer claimed to see “furtive” behavior, equating that to guilt. Yet on deeper investigation, we uncovered benign explanations. This happens more often than you’d think. If you’re in a similar predicament, don’t let presumed probable cause steamroll your rights.
Contact Us If You Think You’re Being Investigated
If you suspect an arrest warrant, don’t wait to confirm the worst. Swift legal intervention often alters the course of a criminal case in a positve way. Whether you’re facing a misdemeanor or felony, lawyer up quickly. If you’re anxious about a specific situation, contact me directly for an immediate consultation.
The Warrant’s Power: What Happens Next
Once a court signs that warrant, Brazoria County law enforcement can detain you at any time. Imagine walking to your car after work and—without warning—you’re placed under arrest. While it’s easy to panic, it’s critical to remain polite but cautious about making statements. Remember, anything you say could end up in the prosecutor’s arsenal. Instead, politely request an attorney. Silence is a constitutional right.
When brought before a magistrate, you’re informed of your charges and possibly granted an opportunity for bond. This initial hearing can happen quickly. Our job is to protect your interests from the moment the handcuffs snap.
How an Attorney Challenges Probable Cause
Is the warrant valid? Were the facts misconstrued? Did law enforcement rely on shaky informants? Our legal team, including myself and Attorney Amber Spurlock, scrutinizes each piece of evidence with a fine-toothed comb. At Tad Nelson & Associates, we pull from:
- Forensic Analysis: My Master’s Degree in Forensic Science helps reveal hidden flaws in the state’s physical evidence.
- Constitutional Safeguards: We test the legitimacy of every search, seizure, or lineup that might’ve contributed to probable cause.
- Cross-Examination of Witnesses: That’s where inconsistent or exaggerated testimonies tend to surface.
A successful motion to quash a warrant can eliminate charges altogether or, at the least, reduce them. If the state’s foundation is shaky, we exploit those cracks.
Protect Your Future, Protect Your Name
An arrest warrant doesn’t mean you’re guilty. It’s a procedural step. Yet if you downplay its seriousness, life can spiral out of control. Let’s avoid that. At Tad Nelson & Associates, we’ve guided countless friends & neighbors through these type of situations and we can help you too.
Curious about next steps? If you want a more personal discussion, message us right away or call 979-267-6081. Our firm offers representation rooted in real-world experience, and you’re under no obligation when you get in touch.
A Final Word of Caution
This overview is for educational purposes. It isn’t legal advice. Each case is unique, so don’t make assumptions about what’s best for you. Speak directly with a qualified lawyer, preferably someone who’s Board Certified® in Criminal Law by the Texas Board of Legal Specialization™. If you have immediate concerns, set up a consultation—your future may hinge on timely legal advocacy.
About Tad Nelson & Associates
I’m Tad Nelson, and I’ve been practicing law since 1991, proudly Board Certified® in Criminal Law by the Texas Board of Legal Specialization™. Alongside Attorney Amber Spurlock, we fight tirelessly for individuals in Brazoria County, TX, charged with misdemeanors and felonies. We aim to transform anxiety into workable strategies, ensuring your constitutional rights stay intact from day one.
When in doubt—do something about it. Reach out for the legal defense you deserve. We’re here for you.
