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Frequently Asked Questions
How does a defendant know if he needs a criminal defense lawyer?
A defendant who even wonders whether he needs a criminal defense lawyer should immediately contact one. "An ounce of prevention is worth a pound of cure," as the saying goes. Nothing bad can come of contacting a lawyer too soon; disastrous consequences can result from calling a lawyer too late.
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What should someone do if he suspects he is under investigation?
The first step is for the suspect not to answer any questions, consent to any searches, or talk about the facts of his case to anyone else (e.g., a third party, who could turn out to be a snitch or be made into a fact witness) or over the telephone (which may be monitored or recorded). The second step is to hire a good lawyer to maximize the chances that charges are never filed.
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What should a defendant do if he has been arrested?
The first step is for the defendant not to answer any questions or consent to any searches, and to ask for a lawyer. The defendant should also not talk about the facts of his case to anyone else in jail (e.g., a fellow inmate, who turns out to be the jailhouse snitch) or over the telephone (which may be monitored and recorded). The second step is for the defendant to contact family members or friends to tell them to post a bond, assuming he is in jail, and hire a good lawyer. The third step is to actually post a bond, again assuming the defendant is in jail, and hire a good lawyer. Hiring a good lawyer maximizes the chances that the case is dismissed, settled favorably, or won at trial. NOTE: If the defendant can only afford to either post a bond or hire a good lawyer, he is better off hiring the lawyer. Posting a bond is only a short-term benefit; hiring a good lawyer has long-term consequences.
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What is the difference between a federal and State crime?
A federal crime is a violation of a statute that the United States Congress has passed. A State crime is a violation of a statute or ordinance that the state legislature or a local authority has passed.
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What are the two categories of State offenses?
What are the two categories of State offenses? --Felonies, which are punishable by a year or more in prison. --Misdemeanors, which are punishable by up to a year in county jail. Texas law contains more than a thousand crimes, scattered throughout dozens of codes.
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What is required to charge a felony in State or federal court?
An indictment that a grand jury issues. The grand jury is a group of citizens who are appointed to examine evidence and decide if there is reasonable cause for the defendant to be charged with a crime. If the grand jury does find that there is enough evidence to charge the defendant, an indictment is issued, setting out the offense charged. If the grand jury determines that there are inadequate grounds for prosecution, a "no-bill" is issued.
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What is required to charge a jailable misdemeanor in State court?
A credible person's sworn complaint. Often a police officer or prosecutor swears to the complaint.
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What is required to charge a misdemeanor in federal court?
An indictment, information, or complaint.
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What are the punishment ranges for State cases?
A felony is a serious criminal offense for which you can be fined up to $10,000 and sentenced to the Texas Department of Criminal Justice for at least 180 days up to life. You also may lose your right to vote, have a gun or obtain certain state occupational licenses. Felonies include aggravated assault, burglary, and a third DWI. There are five types of felonies: 1. Capital: Death or life in prison without parole 2. First-degree: 5 to 99 years and a fine up to $10,000 3. Second-degree: 2 to 20 years and a fine up to $10,000 4. Third-degree: 2 to 10 years and a fine up to $10,000 5. State jail: 180 days to 2 years, without any credit for "good time," and a fine up to $10,000. A misdemeanor is a less serious criminal offense for which you can be fined up to $4,000 and sentenced to county jail for up to one year. You do not lose any civil rights for a misdemeanor conviction. Misdemeanors include simple assault, theft, and first or second DWI's. There are three classes of misdemeanors: 1. Class A: Up to a year and a fine of up to $4,000. 2. Class B: Up to 180 days and a fine up to $2,000. 3. Class C: A fine up to $500. Note that certain enhancements (prior criminal history and aggravating circumstances) may increase the minimum or maximum sentence. Depending on the offense, the sentence can be probated (probation) or deferred (deferred adjudication) instead of jail time.
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What types of criminal cases does Neal handle?
Neal handles all types of criminal matters, at any phase, in State and federal courts. He is not a one-trick pony who specializes in a particular type of criminal case. Instead, he has expertise and experience in an array of criminal cases.
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How long does it take for a defendant's charges to be resolved?
It is impossible to predict. State cases can be delayed over a period of months as prosecutors and defense lawyers investigate the facts and law. If a case is not dismissed or settled, the case is set for trial. The date on which a case is set for trial depends in large part on the judge's docket. There is no Speedy Trial Act in State criminal cases. In federal cases, a Speedy Trial Act exists and requires (with some exceptions) that a case be tried 70 days from when a person is arrested or an indictment is returned, whichever is later. Complex cases often require the defendant to waive his rights under the Speedy Trial Act so that the defense has sufficient time to investigate the case.
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How long does it take for a defendant's appeal to be resolved?
It depends. There is no set time limit for the State or federal reviewing courts to rule. Having said that, appeals typically take around a year or so, from the time notice of appeal is given, to be completely resolved.
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If a defendant speaks with Neal, will the information remain private?
Yes. All information disclosed at a consultation is confidential. A lawyer generally cannot ethically or legally reveal such information without your consent.
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How much does it cost to have an initial meeting with Neal?
Nothing. All initial consultations are free.
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How much is Neal's fee for handling a particular case?
It depends. Fees are based on numerous factors, including the legal and factual complexity of each case. As with anything, you get what you pay for. Many lawyers who advertise their prices will charge a fee for each court appearance. While these "pay-as-you-go" lawyers may seem like a good deal, the bills quickly adds up, particularly if the defendant wants to fight the government. Other lawyers charge a low rate with the intention of promptly pleading the defendant out. These "meet 'em and plead 'em" lawyers tend to have high-volume practice and little interest in standing up to the government. While a defendant may wonder whether he can afford a good lawyer, a defendant cannot afford not to hire one given what is at stake.
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Does Neal discuss fees over the telephone?
No. Neal believes a defendant should meet Neal in person and get to know him before the defendant makes the crucial decision of who he will hire to protect his freedom, dignity, and good name. After all, a reasonable medical patient with an emergency condition would never hire a doctor over the telephone, just based on price, without meeting him first.
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Does Neal accept credit cards?
Yes. All major credit cards are accepted.
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Can Neal guarantee a specific outcome in a defendant's case?
No. The criminal process is not perfect and is subject to the same limitations intrinsic in all human activities. For example, evidence and facts presented at trial may differ with one's expectations, witnesses may lie, honest witnesses may not be believed, or judges or juries may have differing views regarding the law or evidence. There is always an element of risk in any criminal case, as evidenced in convictions of defendants later proven actually innocent. Any lawyer who guarantees an outcome is acting unethically and dishonestly. Ask such a lawyer to put the guarantee in writing and he will undoubtedly dodge your request. The only promise Neal makes is that he will do his best for the defendant.
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Does Neal speak Spanish?
Yes. Neal spent summers in central Mexico growing up. He also majored in Spanish in college.
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Why did Neal dedicate his career to defending the accused?
Neal became a defense lawyer because he wanted to help people. When someone is being investigated or charged with a crime, their liberty, freedom, and reputation are on the line. Their world is turned upside down, they are scared to death, and they desperately need help.
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Why hire a lawyer who is Board Certified in Criminal Law?
Because a lawyer who is Board Certified has taken a lengthy examination and met the rigorous ethical and performance requirements to become Board Certified in a particular area. The Texas Supreme Court of Texas created and operates the Texas Board of Legal Specialization. Only a small percentage of the State Bar is Board Certified in a particular area. Think about your health. If you had something as serious as heart problems, would you want to see a general physician or someone who has earned a board certification in cardiology?
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Why should a defendant hire Neal?
Because Neal is committed to caring, fighting, and winning. He has experience and expertise in a wide array of criminal cases, earned a superb reputation, and obtained outstanding results for his clients. Regarding experience, Neal graduated from the University of Texas Law School, is Board Certified in Criminal Law, and has expertise in all types of criminal matters. Regarding reputation, he is well-respected in the legal community. Regarding results, he has a proven track record of success. Many times, he has successfully prevented charges from ever being filed or won dismissals. He has amassed an extraordinary trial record. On appeal, he has prevailed many times.
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FAQ Related to DUI/DWI
Q: What happens if I drive with a suspended license?
A :Suspended license means the driving privileges are taken away. Driving with a suspended license will lead to an increase in the length of the suspension. It is a serious crime if you drive without a license. Even if the matter is being treated as a violation, a citation can be expensive and cause future problems with your license. If you are charged with driving while suspended, you need to hire a criminal lawyer in Houston to fight the case zealously.
Q: Is a DWI conviction permanent?
A: If you're convicted of a DWI, it will always be on your record. Just one DWI conviction could mean very expensive fees and high insurance rates for life. People often think they can seal or erase a DWI conviction. This is not the case. Once convicted, whether given probation or time served, it will NEVER go away.
Q: What is required for the police officer to arrest me for a DUI/DWI OFFENSE?
A: Probable cause is what is required for a DWI arrest. While this may seem like a high standard, courts have held not much is needed for a DWI arrest. Factors giving rise to probable cause include:
- Flushed face, Red, watery, glassy, or bloodshot eyes
- Stink of alcohol on breath
- Slurred speech
- Fumbling with wallet while trying to get license
- Unsteady feet while exiting the vehicle
- Swaying while standing
- Messy clothes
- Disorientation in regards to time and place
- Inability to follow police instructions
FAQ Related to Domestic Violence
Q: Is the domestic violence is very serious?
A: Depends. A push or scratch is not serious; bruising and bleeding and broken bones are. Have no doubt, however, that the prosecutor will treat any assault aggressively. Incidentally, assault by a family member is more likely to cause injury than assault by a stranger
- 23% of stranger assaults caught up injury to victim, while 57% of spousal assaults involve such injury.
- 7% of stranger assaults require medical attention, while 24% of spousal assaults require such attention.
Q: Who faces domestic violence?
A: Anyone, in spite of ethnicity, religion, class, age, sexuality or lifestyle can face domestic violence. It can occur in any public and financial background, in wealthy and poor households, in developed and developing countries, literate and illiterate, educated and uneducated; all types of women and men are victims. The survivor is connected to the user through marriage, blood relationship or live-in relationship. Prosecutors frequently charge women with domestic violence, although for some reason women are generally treated with more lenience than male defendants in assault cases.
Q: If I am charged with family assault, can the complainant dismiss the case?
A: No, no, and no. Defendants often think the complainant controls the case outcome. This is not true. The prosecutor, representing the State of Texas, decides whether the assault case should be dismissed. And it is not unusual for prosecutors to try an assault case even when the complainant is not cooperating.
Contact Harris County, Texas criminal attorney Neal Davis now for a free initial consultation. Email him or call him at 713-227-4444 any time.
Please note that this FAQ, like the rest of the website, is for informational purposes only and should not be considered legal advice. Online visitors should not act upon any of this website's information without seeking professional counsel. Nothing in this website creates, or should be construed to create, any attorney-client relationship.
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