Houstoncriminalattorney


Houstoncriminalattorney

Texas Super Lawyers

Better Business Bureau

State Bar of Texas

Areas of Practice

Contact Us

Results

This is just a sample of Neal's results.  Of course, every case is different and individual results may vary depending on the facts of a case.  Listing these outcomes is in no way intended to promise the same result will be reached in all cases of the same charge.

Pre-charge investigations

-Aggravated sexual assault: No charges filed 

-Assault: No charges filed

-Federal fraud: No charges filed

-Federal hate crime: No charges filed

-Federal medicare fraud: No charges filed

-Federal tax fraud: No charges filed

-Harassment: No charges filed

-Indecency with a child: No charges filed

-Possession of child porn: No charges filed

Felony charges

-Aggravated assault: Acquitted

-Aggravated assault: Dismissed

-Aggravated robbery (violent home invasion): Deferred

-Aggravated sexual assault of a child: Dismissed

-Assault on cop: Reduced to misdemeanor

-Burglary of home: Reduced to misdemeanor

-Engaging in organized crime: Dismissed

-Evading arrest in a vehicle: Dismissed

-Federal tax fraud: Dismissed

-Felon in possession of weapon: Dismissed

-Harassing a peace officer: Dismissed

-Illegal barter / expenditure / investment: Dismissed

-Indecency with a child: Acquitted 

-Indecency with a child: Dismissed

-Indecency with a child by exposure: No Billed

-Intoxication manslaughter: No Billed

-Money laundering: Dismissed

-Negligent homicide: Deferred  

-Negligent homicide: Probation

-Possessing an explosive device: Dismissed

-Possession of less than a gram cocaine: Dismissed

-Possession of less than 5 grams cocaine: Dismissed

-Possession of marijuana: Dismissed

-Possession of meth: Dismissed

-Possession with intent to deliver over 400 grams of cocaine:Dismissed

-Possession with intent to deliver ecstasy: Dismissed

-Prescription fraud: Dismissed

-Riot: Dismissed

-Securities fraud and misapplication of fiduciary property: Dismissed after hung jury

-Sex assault: Dismissed

-Theft of $200K or more: Dismissed

-Theft of $20K to $100K: Dismissed

-Theft of firearm: Dismissed

Recent Blawg Updates

DWI/DUI Cases

Breath testing devices used by the police can be inaccurate in DWI Cases. One main reason for poor accuracy is the built-in assumption that all people metabolize alcohol at the same rate.

A portable breath test device (“PBT”), is not a breath test like an intoxilyzer 5000. It is very small and used by police officers at the scene of the arrest. The PBT is not approved by Texas Department of Public Safety for use in criminal prosecutions or in administrative license revocation proceedings. Also, Texas will not allow the results of a PBT to be admissible in court. The Neal Davis Law Firm, PLLC, has rarely seen a case where PBT’s were actually used in a DWI investigation.

Here are some common challenges to breath tests in DWI cases:

  • The Machine Was Not Properly Maintained
  • The Machine Was Not Properly Calibrated
  • The Machine Was Not Properly Operated
  • The Machine Was Affected By Radio Frequency Interference (Police Radio etc.)
  • The Machine Has An "Acceptable" Range Of +/- .02%
  • Your Body Temperature Was Greater Than 98.6
  • You Were Tested Within 2 Hours From Your Last Drink
  • You Have Medical Or Dental Problems That Make You An Improper Candidate For Breath Testing
  • The Officer Did Not Have You Under Continuous Observation For 15 Minutes Prior To Giving You The Breath Test
  • Your Symptoms And Drinking Pattern Are Inconsistent With The Test Result
  • Manufacturer does not warrant that the Intoxilyzer is fit for any particular purpose
  • Residual alcohol in the mouth increased the results

DUI penalties for the minor

Drinking and driving is considered as a serious offense as it affects both the society and the individual as well, especially when you are under 21 years of age. Irrespective of which state you are located, prosecutors handle DUI/DWI cases with fervor and commitment. The severity of your judgment might vary according to the circumstances, but you cannot just walk away from the case. You need the best criminal lawyer in Houston, Texas to fight for you.

Harris County, Texas strictly follows the Zero Tolerance Law with such severity that any minor found driving with alcohol in his/her system is guilty of misdemeanor driving under the influence (DUI). A Board Certified criminal attorney in Harris County Texas will explain to the consequences of a DUI, including:

  • Under Alcohol Beverage Code Section 106.041, DUI is classified as Class C misdemeanor for any minor to have been caught for DUI. However, as a minor, you need not be taken to the custody for the offense, but you are bound to appear before a magistrate for pleading your case. If you are found to have committed the same mistake more than twice, you will be fined between $500 to $1200 and can be sentenced for a jail term which can last up to 180 days.
  • Community Service is also possible when you have been accused for DUI case when you are under 21 years hold. A court can sentence you to community service as an additional penalties. This service has to be related in some way to your education about or prevention of alcohol misuse. For the first offense, a minor can be assigned 20 to 40 hours of community service whereas for repeated offenses, the minor can be given 40 to 60 hours of community service.
  • Under Alcoholic Beverage Code Section 106.115, the accused minor, if found guilty, will also have to attend alcohol awareness programs that have been approved by the Texas Commission on Alcohol and Drug Abuse. A judge has the authority to make you attend this course for as many times as necessary when you have committed the offense more than once. If the minor is younger than 18 years of age, his/her parents/guardians might also be ordered to attend these approved programs.

Apart from these mandatory penalties mentioned above, your license can also be suspended or revoked by the Department of Motor Vehicles. For first timers, the suspension generally lasts for 90 days and it subsequently increases depending upon the number of times you commit the same mistake.

Criminal Defense attorneys in Houston knows intoxication crimes. Houston TX criminal lawyers are highly qualified and experienced for handling your DUI/DWI cases. For further guidelines or help regarding the same, log onto, www.houstoncriminalattorney.com.