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An overview of DWI charges in Texas

April 24th, 2012

The State of Texas treats driving-while-intoxicated (DWI) cases seriously. This includes Houston, Texas, and the Harris County District Attorney’s Office. Some commonly refer to DWI as “drunk driving.” People, and embarrassingly some lawyers, who do not know any better refer to DWI as DUI.

DWI Charge and Penalties

A DWI occurs if a motorist has a blood alcohol content (BAC) of .08% or higher. You can be still be charged with DWI with a lower BAC if you operate a motor vehicle and lack your normal mental and physical faculties. That’s why it’s often a lose-lose to do a breath test. Because even if you pass and blow below a .08, you can still be charged with DWI!

Even a first offense for drunk driving in Texas can lead to fines, jail, loss of license, community service. Enhanced penalties, such as alcohol rehabilitation, mandatory installation of an ignition interlock device, and lengthy jail sentences can occur if you have prior DWI’s or caused bodily injury.

A conviction for Texas DWI is no slap on the wrist—it can lead to loss of auto insurance or very high premiums, and thousands of dollars in fees to the Department of Public Safety each year for three years just to renew your driver’s license. These charges are called DWI “surcharges.” And just try to find a job, with a DWI conviction, that involves driving.

The good news is that, even if you’ve been charged with DWI, all is not lost. In fact, your job is just beginning. You must find the best DWI attorney in Houston, Texas, that you can afford to fight the case. This is no time to mess around with your freedom or future.

ALR Hearing

Under Texas law, two cases will be filed against you after an arrest for DWI in Harris County, Texas. One is a criminal case, resolved in the criminal courtroom. The second is a civil case that will seek to suspend your driver’s license. They are two very separate cases with different timelines. You must petition for this civil hearing within 15 days of the date of your arrest or you will automatically lose your license.

In case if you or someone you know has been arrested for DUI or DWI in Texas, you need an experienced attorney to represent your case. Do not wait to hire a DWI / DUI lawyer with topnotch experience and proven results. Contact Harris County DWI / DUI attorney Neal Davis now for a free initial consultation or email him or call him at 713-227-4444 any time.

Free consultation; 24 hours a day, 7 days a week!!!

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Being accused of a crime

April 20th, 2012

Being accused of a crime can simply destroy everything you have worked so hard to earn in your life. You will end up losing your name, reputation, career, time, family and many more.

Even if you are found not guilty, the stigma of a criminal accusation follows you around until it is erased from your record. The method of erasing your record is via an expunction. Such an expunction allows you, if it is granted, to legally deny even ever being arrested.

If you are charged with a crime, you must find Houston criminal attorneys who are Board Certified in Criminal Law and who know how to handle your type of case. After all, you would never hire a doctor to perform surgery if he had never done it before. That is, unless you want to be guinea pig so the doctor (or Houston criminal lawyer) can gain experience at your expense.

Hiring a criminal attorney is not like buying a television. You don’t shop around for the cheapest price. Rather, you need to hire the best qualified lawyer that you can afford. This is not the time to pinch pennies and hope for the best. In short, you get what you pay for, particularly when it comes to criminal lawyers. The best Houston criminal lawyers are not cheap; and the cheap Houston criminal attorneys are not the best.

A professional and experienced Houston criminal defense lawyer will educate his defendant on all the aspects pertaining to the case. A good attorney-client relationship is imperative. Knowledge is power, and you and your attorney both are on the same team and need to know what you are confronting.

Other characteristics of a good criminal lawyer: his reputation (including actually trying cases), whether he is Board Certified in criminal law, whether he is a good negotiator, and whether he has a history of getting results. This is the case whether the criminal lawyer deals with State law or is a federal criminal attorney that handles federal criminal charges.

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Roles and Responsibilities of Houston Criminal Lawyer

March 18th, 2012

The importance of criminal defense attorneys is known to people who have been dragged into the court of law and accused of committing crimes. Criminal lawyers, far from being sleazy or always having guilty clients, stand up for the Constitution and represent the accused. When a person is accused of a crime, he should hire the best criminal lawyer in Houston, Texas that he can afford to fight for that person’s rights. In such situations, criminal lawyer,Criminal lawyers harris county, Criminal attorney houston texas, harris county criminal lawyer, criminal lawyer houston tx,criminal defense lawyers in Houston,criminal attorneys in Houston tx,Harris County tx criminal attorneys,Harris County tx criminal lawyers,criminal lawyers Harris county,criminal lawyers in Harris County, Federal criminal lawyers in Houston Texas, the lawyer’s duty is to spare no measure to fight for his client’s life, liberty, and reputation. Without a defense lawyer’s zeal, the system risks breaking down and innocent people convicted or over-punished.

Roles

  • A defense lawyer holds the prosecution to its burden of proving the defendant guilty beyond a reasonable doubt.
  • The criminal lawyer presents all the evidence for the defendant to rebut the prosecution’s claims
  • The criminal lawyer informs the defendant of his rights and defends those rights to ensure they have not been violated.
  • He will refer to cases, statutes, or experts to help him defeat the prosecution’s claims.

Responsibilities

  • A good Houston criminal defense lawyer should present oral arguments in court, craft and research legal documents, develop a good relationship with the client, and advocate the client’s innocence as best as possible.
  • A lawyer should educate the defendant so that he is aware of his choices and can select among them
  • A lawyer can negotiate with the prosecutor to have charges reduced or even dropped.
  • He can determine which witnesses to call and how he examines them
  • He works with the defendant and other witnesses to understand the defendant’s version of events and to determine an appropriate defense
  • He provides advice on what plea to enter, whether to accept a plea agreement, whether to waive a jury trial, and whether the defendant should testify on his own behalf.

A Houston criminal lawyer is what you need to fight a Harris County criminal case. Do not wait to get a lawyer with topnotch experience and proven results. Contact Houston criminal attorney Neal Davis now for a free initial consultation. Email him or call him at 713-227-4444 any time.

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What is a bench warrant

March 16th, 2012

A bench warrant is basically a judicially issued arrest warrant when someone fails to comply with the court order. For example, someone violates their conditions of probation with a court. When the warrant issues, a bond may be set. The bond may be high or not even set depending on the circumstances.

When a bench warrant issues, police have authority to arrest the suspect, bring him to the court, and have him answer to the judge. Note that arrest warrants are issued for the arrest of a person suspected of committing a crime, whereas a bench warrant is issued for violations of court obligations, such as probation.

Executing a bench warrant is the same as for a normal arrest warrant, since violations may render a bench warrant or its consequences unlawful or inadmissible in a court. For example, evidence can be thrown out if it is based on an illegal search or seizure executed as a result of a bench warrant.
The bench warrant will be issued for both the civil and criminal cases. Failing to pay your child support, as indicated by a previous trial judgment, is an everyday sort of city case where a bench warrant may be released. Same with failing to appear. Or being held in contempt.

A bench warrant may also be ordered when a defendant fails to pay fines, or comply with bail conditions, educational programs, or when the defendant commits a crime while on release pending the original trial.

You need to take any warrant, arrest or bench warrant, seriously. Contact a Houston criminal attorney if you ever receive such a warrant. Neal Davis has a reputation for fighting, caring, and winning. Do not hesitate to call him at 713-227-4444 or email him for a free consultation on your Harris County criminal case.

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Posted in Criminal attorney in Houston Texas, DWI Attorneys in Houston, DWI Lawyers Houston Texas, Federal criminal attorneys in Harris County Texas, Houston Criminal Lawyer, NEAL DAVIS, criminal lawyer in houston, criminal lawyer in houston tx, houston tx criminal lawyers | No Comments »

Order of Non-Disclosure

March 12th, 2012

An order of non-disclosure will seal your case from being viewed in a criminal background check to most searches

You must effectively fulfill your deferred adjudication to meet the requirements for an order of non-disclosure. If you were convicted of the offense, you will not qualify for an order of non-disclosure. If you received a deferred adjudication on a Class C, then you will qualify for an expunction to clear it from your record.

A non disclosure order will prohibit the public from screening the records pertaining to the crime that resulted in deferred adjudication.

Even in a dismissal, either outright or following a deferred adjudication, the general public can access your criminal history. This can destroy the ability for work, a house, loans, even life and much more; almost all employers conduct background checks and if the defendant doesn’t takes any positive steps to clear the records then the crime will follow them forever.

Eligibility Criteria for the Order of Non-Disclosure

  • You must successfully complete the deferred adjudication
  • All offenses are not eligible
  • In some instances you may wait two years for some misdemeanors, and five years for felonies

Benefits of the Order of Non-Disclosure

  • Seal your record from the public
  • You can legally deny the arrest or charge
  • You can improve your career and earn more money
  • Do not feel nervous when someone does a background check on you
  • You may become eligible for benefits such as loans

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Posted in Criminal attorney in Houston Texas, Expunctions and Non-disclosure, Houston Criminal Lawyer, NEAL DAVIS, criminal lawyer in houston, criminal lawyer in houston tx, houston tx criminal lawyers | No Comments »

Overview of the DWI/DUI Crime

March 12th, 2012

Driving while intoxicated is one of the most dangerous things you can ever do. This does not mean one should never drink. Drinking can be fun, if you are a responsible drinker. A responsible drinker will not drive after drinking if it affects his mental or physical faculties. The majority of accidents take place because of DWI issues. Many people ask, “Even if you are not in a proper mental state, is it still a crime?” Of course, yes! You may think you are not intoxicated, but if the prosecutor persuades a jury otherwise, you are guilty.

You need an expert Houston criminal defense lawyer to handle your case and maximize your chances of success. You cannot just hire any lawyer. You need to hire a Board Certified criminal lawyer in Houston, Texas, who handles DWI cases.

Some things you should know about DWI’s:

First, if police suspect you are DWI, you will be subjected to a breath or blood test. You can comply with the procedures or refuse to take those tests. You have 15 days to request for a hearing to challenge the suspension of your driver’s license if you fail these tests. Expert criminal lawyers in Houston, Texas are well aware of these deadlines and procedures.

The State of Texas has an implied consent law: if you choose not to take a breath or blood test, your license will be suspended for 180 days. On the other hand, if you do not take the test, there will be less evidence (assuming you would fail the test) to prove you are guilty of DWI. If you are found guilty, depending upon the severity, your penalty may include a fine and jail time. First time offenders are charged with a Class B misdemeanor. While probation is a realistic expectation for first-time offenders, it is difficult with classes, court costs, and so on.

Contact the best houston criminal lawyer you can afford. Neal Davis is Board Certified in criminal law. He has handled many intoxication cases, from misdemeanors to felonies, and can be found at www.houstoncriminalattorney.com. Call now for a free consultation at 713-227-4444.

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Top Considerations When Arrested

February 25th, 2012

Thousands of people are arrested and charged everyday with a crime. Some of these people are innocent. In other cases, the prosecution cannot prove guilt even though the defendant is not innocent. In still others, the defendant is guilty, the prosecutor can prove the case, but the challenge for the defense lawyer is to get a good result. The best criminal lawyers in Houston, Texas will try to reach the best result they can. They mean business. They are not afraid to try the case when it needs to be tried.

  • Don’t talk to the officer nor try to convince the officer about your innocence. Keep you mouth shut. Don’t be your worse enemy by talking.
  • Don’t run
  • Never touch the cop. Otherwise, you’ll get beaten up for resisting arrest or be charged with assaulting a cop.
  • It is completely lawful for the law enforcement to lie to get a confession. So don’t believe the cop in any situation
  • Do not allow the police officer to search you or your belongings. In other words, never consent to any search or seizure!
  • If stopped, asked the cop if you are free to leave. If you are, then leave. If not, then you are legally detained, which requires at least reasonable suspicion on the cop’s part.
  • Don’t think that being nice or offering the cop money or any other such nonsense will help your situation. Of course, you do not want to make a cop angry. But do not go beyond common courtesy.
  • They are their to investigate and arrest you, not be your friend.

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Juvenile Rights In The Criminal Law

February 20th, 2012

Juveniles are generally treated differently in the criminal justice system, but sometimes they are treated as adults. Juvenile delinquency is the legal term for the behavior of children and adolescents that in adults which is judged by the criminal justice law. When the juvenile is accused of the crime then the case may be heard only in the juvenile delinquency court. Juvenile court is a type of civil court technically and it is not a criminal court, although a lot of criminal rules apply to juvenile cases.

The rights of the juvenile in the criminal law

  • Miranda warning: You have rights to remain silent because anything you say can be used against you in a court of law, you have a right to hire an attorney and if you cannot hire an attorney then the court will assign a Houston criminal lawyer to you.
  • You have the right to receive advance notice of the charges against you within a reasonable amount of time before your hearing.
  • You have the right to have an attorney present during your case and hearing.
  • You have the right to a trial
  • You have the right against self-incrimination
  • You have the right to petition your case and have a lawyer selected to help you
  • You have the right to introduce evidence on own
  • You have the right to cross-examine witnesses
  • You have a right to call witnesses.
  • A juvenile usually has the right to an attorney for the first appeal
  • You have the right to report any problems or complaints while in detention without being afraid to do so.
  • You have the right to talk to, write letters to, and see your lawyer.
  • You have the right to be informed of the rules of detention during admission.

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Top 10 mistakes people make when they are arrested for DWI

February 8th, 2012

The State of Texas treats driving-while-intoxicated (DWI) cases seriously. This includes Houston, Texas, and the Harris County District Attorney’s Office. Some commonly refer to DWI as “drunk driving.” Even though attorneys are schooled in the laws pertaining to a wide variety of legal areas, a huge amount of expertise comes from practical experience, either by prosecuting or defending individuals or businesses.

For DWI cases, which involve a great deal of science in addition to just knowledge of the basic governing laws, this experience may be the most critical thing.
To protect yourself and to help decide whom to hire and how to plead, you had better know what these mistakes are.

Not taking the case seriously: This is the main problem for your life because it will affect your rest of your life and keeps track of it until you are dead so make sure that you look of the matter seriously.

  • Not hiring an attorney: The DWI lawyers are very experienced and professional to tackle this case so you must raise the right defenses at the right time or you will lose them and get in to the trouble.
  • Hire an attorney based on the amount of the fees: the Texas state has marvelous resources available to them and their only goal will be to convict you of this charge. If you pay a low fee to a defense attorney, he or she will not be able to put in the time and experience that is necessary to protect and successfully defend your case. When it comes to criminal defense lawyers, you will get what you pay for.
  • Driving after your license has been suspended: If you drive with the suspended license then the result of this will be very serious. You could be required to serve up to 180 days in jail if convicted of this offense. You will have to post a higher bond, and appear in the same court as your DWI offense.
  • Not taking the full advantage of the constitutional rights: You have the right to be free from unreasonable searches and seizures, you have the right to remain silent and not give evidence against yourself.
  • Not complying with the driver license law: If you fail to obey the law then you would loose your rights to drive for ever.
  • Prosecutors first offer: The first offer is not the bargain its just an another way to get rid of your case.
  • Failing to appear in the court: If you fail to appear in the court on the assigned date then the court will issue a warrant for your arrest and forfeit your bond. You will then be arrested with a higher bond being set for you to be released.
  • Talking to people about your case other than the attorney: The law says that anything you know and if you discuss with you’re the third person other than the attorney is not protected by the attorney-client privilege and can be used against you in court.
  • Hire an attorney: You would be cheated and it may leas to live in the jail if you are hiring an attorney hence it is essential that you hire an attorney to represent you when you are accused of a crime.

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Posted in Criminal attorney in Houston Texas, DWI Attorneys in Houston, DWI Lawyers Houston Texas, Drug Lawyers in Houston, Houston Criminal Lawyer, NEAL DAVIS, criminal lawyer in houston, criminal lawyer in houston tx, domestic violence, houston, houston tx criminal lawyers, texas criminal lawyer | No Comments »

Probation officers

January 27th, 2012

Anyone in Texas who is on community supervision is assigned a “probation officer” typically. The probation officer can be helpful. They can set up needed appointments, answer questions you have, and refer you to classes you must complete.

It is also the probation officer’s job to:

  • Supervise you as directed by the court, and to inform the court how you are abiding by the rules
  • Protect the community, by seeing you at home or work as well as in the office.
  • Provide community-based referrals, such as drug/alcohol counseling, employment counseling and literacy/ged preparation that will help you change your negative behavior.

Of course, every job area has bad apples, and probation is no exception. Probation officers are often underpaid and overworked, and as a result can be negligent or take a “don’t care” attitude towards probationers. Or, occasionally, the probation officer is overzealous, holier-than-thou, and does everything in their power to see the probationer fail.

When you are accused of violating the terms of your community supervision, you have the right to challenge the accusation. As an experienced probation attorney, Neal Davis, a criminal defense attorney in Houston Texas, can handle any motion to revoke or adjudicate, assist you throughout the entire process, and put forward the best defense that he can. Rest assured that he will do whatever he can to get the best result he can.

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Posted in Criminal attorney in Houston Texas, NEAL DAVIS, criminal lawyer in houston tx, domestic violence, houston tx criminal lawyers, texas criminal lawyer | 1 Comment »

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