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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.
FAQ Related to Sex Crimes
Q: What are the types of sex offenders?
A: Sex offenders generally fall under various categories
Sexually oriented offender: They have been convicted to the sexually oriented offense and they need to be registered once a year or a period of 10 years in the government
Habitual sex offender: A person who has been convicted of, or pleaded guilty to, committing a sexually oriented offense, and who previously has been convicted of or pleaded guilty to one or more sexually oriented offenses.
Sexual predator: Any person who has been convicted of, or pleaded guilty to, committing a sexually oriented offense and who is likely in the future to commit additional sexually oriented offenses.
Q: What is SORNA?
A: SORNA refers to the Sex Offender Registration and Notification Act where it provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. It closes the possible gaps and loopholes that existed under prior law where it strengthens the nationwide network of sex offender registration and notification programs
Q: The difference between the offender and predator
A: The sexual offender is a sexual abuser that is forcing an undesired sexual behavior by one person upon another. For example, a rapist.
A sexual predator is a person who was convicted of a serious crime against a minor (less than 16 years of age)
FAQ Related to Drug Crimes
Q: Types of illegal drugs involved in drug crimes
A: Marijuana, cocaine, ecstasy or MDMA, and methamphetamine are the most common types of drug cases file in Harris County (outside of prescription drug cases). Lately, Harris County criminal lawyers have seen a rise in both prescription drug cases and prescription drug abuse. Defendants who abuse prescription drugs have a serious diseases requiring treatment.
Q: What are the legal challenges raised in the drug crimes
A: The leal challenges raised in drug crimes are - How the evidence was obtained
- Whether the evidence can be tied to the defendant
- Whether the drugs are in fact real (e.g., cocaine, not ground sheetrock)
And a host of other strategies.
Q: Can I get a job after being convicted of a drug offense?
A: It would be hard to get a job following a drug conviction, but of course this depends on the facts and circumstances of each case. Needless to say, an employer is reluctant to hire a convicted crack possessor given reliability and liability issues. A pound of prevention is worth an ounce of cure, so you should hire the best criminal lawyer in Houston you can afford. That way, you maximize your chances of avoiding a conviction.
Q: What about white collar crime?
A: Sure, it’s not a drug offense, but a conviction for white collar crime means you are a convicted thief or fraudster or conman in some form or fashion. Getting a job after being convicted for this is difficult because employers do not trust thieves. After all, if you stole from X, why wouldn’t you steal from them? Again, you need to find the best criminal attorney in Houston, TX, that you can to defend you against a white collar crime accusation.
FAQ Related to theft crimes
Q: What is the difference between petty and grant theft?
A: When an individual person seals someone else’s property and they are caught, they are accused of theft. Hence, depending upon the value of the stolen property, the court will decide whether it is a misdemeanor or felony theft. Suppose the value of the stolen property is $500 or less, the theft is a misdemeanor charges. We often see these Class A and Class B misdemeanors in shoplifting cases in Harris County, Texas. The big box stores—like Saks Fifth Avenue and Frye’s and Walmart—are particularly aggressive in catching and prosecuting shoplifting cases. If the value of the property is more than $500, the theft is considered a felony. Felony thefts usually involve large-scale or aggregate thefts, thefts from high-end stores, or white collar theft.
Q: How much time can I be sentenced to for a theft crime?
A:The jail time depends according to the amount allegedly stolen. A Class A misdemeanor can lead to up to one year in jail. A first degree felony can lead to up to 99 years in jail. Obviously this is a huge range, but the idea is to tailor the punishment to the severity of the theft. If you have stolen a large felony amount and are charged in Harris County, Texas, your chances of going to prison are higher if you are unable to pay restitution to the complainant.
Q: Is it necessary to hire a lawyer if I am under investigation?
A: Absolutely. Even if you are no charged with theft, you need to hire a Houston criminal lawyer if you are being investigated. Neal Davis is a Harris County criminal attorney at 713-227-4444 who has handled all types of theft cases, from state misdemeanor shoplifting to federal complex white collar cases. Many times, at the investigative stage, he has prevented charges from being filed. Hiring a Harris County criminal attorney during an investigation ensures you have someone on your side looking out for your best interest.
FAQ Related to homicide crimes
Q: What is capital murder and in which situation does the capital murder commences
A: Section 19.03, which entitled “capital murder,” states:
(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1)and:
- The person murders a peace officer or fireman who
is acting in the lawful discharge of an official duty and who the
person knows is a peace officer or fireman;
- The person intentionally commits the murder in the
course of committing or attempting to commit kidnapping, burglary,
robbery, aggravated sexual assault, arson, obstruction or
retaliation, or terroristic threat under Section 22.07(a)(1), (3),
(4), (5), or (6);
- The person commits the murder for remuneration or
the promise of remuneration or employs another to commit the murder
for remuneration or the promise of remuneration;
- The person commits the murder while escaping or
attempting to escape from a penal institution;
- The person, while incarcerated in a penal
institution, murders another:
- Who is employed in the operation of the penal
institution; or
- With the intent to establish, maintain, or
participate in a combination or in the profits of a combination;
- The person:
- While incarcerated for an offense under this
section or Section 19.02, murders another; or
- While serving a sentence of life imprisonment
or a term of 99 years for an offense under Section 20.04, 22.021, or
29.03, murders another;
- The person murders more than one person:
- During the same criminal transaction; or
- During different criminal transactions but
the murders are committed pursuant to the same scheme or course of
conduct;
- The person murders an individual under six years
of age; or
- The person murders another person in retaliation
for or on account of the service or status of the other person as a
judge or justice of the supreme court, the court of criminal
appeals, a court of appeals, a district court, a criminal district
court, a constitutional county court, a statutory county court, a
justice court, or a municipal court.
(b) An offense under this section is a capital felony.
(c) If the jury or, when authorized by law, the judge does
not find beyond a reasonable doubt that the defendant is guilty of
an offense under this section, he may be convicted of murder or of
- Any other lesser included offense.
Q: Is all murders are considered as capital murders?
A: Not at all murders are considered as capital murder. There are various types of murder, depending on the circumstances, including the defendant’s criminal intent. Intentionally killing a baby, for example, can be capital murder; but accidentally leaving the baby in a hot car, which ends up killing the baby, could be manslaughter. It is all a matter of degree, no pun intended.
Q: What are the specific types of murder?
A: The types of murder are
- Capital Murder: An offense under Penal Code Section 19.03 (Capital Murder).
- Murder: An offense under Penal Code Section 19.02 (Murder).
- Other Homicides: An offense under Penal Code Section 19.04 (Manslaughter), 19.05 (Criminally Negligent Homicide), or 49.08 (Intoxication Manslaughter)
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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