Conroe Criminal Lawyer Blog

Consult With a Criminal Defense Lawyer Because You’re Innocent Unless Proven Guilty

June 7, 2024 | by M. Neufeld Law

anthony-garand-7rehTDIfR8o-unsplash-300x200 The internet blew up when video footage exploded in everyone’s news feeds of Sean Combs assaulting Cassie Ventura. Expectedly, responses followed. Most decried and denounced Combs’s behavior while others showed support by iterating that he should be considered “innocent until proven guilty.” And that’s just not true. While no one disagrees over the morality of what’s displayed on the video, the distinction between “innocent until proven guilty” and “innocent unless proven guilty” opens up a conversation. The presumption of innocence requires that the prosecution prove that the accused is guilty. The presumption should not be that the prosecution will prove that the accused is guilty. If you’re charged with a crime, an experienced criminal defense lawyer will make clear that you’re innocent unless proven guilty. Let’s get into it.

You cannot discuss the presumption of innocence without talking about the burden of proof. In criminal cases the State carries the burden of proof and must prove each element of an offense “beyond a reasonable doubt”. The term and concept of burden of proof stem from the Fifth Amendment of the Constitution. The Fifth Amendment earned its claim to fame with its catch phrase, “I plead the fifth.” It carves out safeguards and processes in the legal system. It defines and delineates due process in the law, which is the backbone of the criminal justice system. This mechanism requires that the prosecution prove that the accused is guilty. In summary, the Fifth Amendment states:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Don’t Let Your DWI Arrest From the Montgomery County Fair & Rodeo Tie Up Your License

April 23, 2024 | by M. Neufeld Law

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The Montgomery County Fair & Rodeo is a Texas Tradition spanning the spring seasons in our county since 1957. Longtime residents remember the days when Spring Break lined up with the fair so 4H kids could show their animals. Then, those kids grew up and started to enjoy all facets of the fair – including the cook off. Even though the fair features a carnival, rodeo, shows, musical acts and more, some of the most fun is spent partying it up in the tents during the cookoff weekend. This can be risky if you don’t plan ahead. Montgomery County Law Enforcement made the most of this during the weekends and arrested over 70 people for DWI.. If you’re one of them, it doesn’t mean you’re cooked. You can take action and the most urgent action is preventing your license from being suspended automatically.

During the rodeo season, Montgomery County Law Enforcement typically increases their DWI enforcement efforts. Additionally, the Montgomery County District Attorney’s Office typically increases their No Refusal blood draw operations. This means they seek warrants when the Accused declines to offer a blood test. Refusing a blood draw not only impacts enforcement’s DWI investigation, it can also impact your driver license. Through an Administrative License Revocation Hearing, the Texas Department of Public Safety attorney will try to suspend your license for a period of 180 days for refusing a blood or breath test. This information is listed in the Statutory Warning (DIC-24) provided at the time of the arrest.

Whenever an Accused is charged with a crime related to driving while intoxicated, they are read the DIC-24. This is the form communicating the Accused’s rights and the requests of the investigating officer for a sample of their breath or blood. Oftentimes during this part, emotions run high and time passes by at the rate of 100 miles per second as the cop’s lights twirl red and blue and anxiety courses through the body. All of this to say, if you were arrested for DWI, you probably don’t remember this form. The true significance lies in the part that reads, “You may request a hearing on the suspension or denial. This request must be received by the TXDPS at its headquarters in Austin, Texas, no later than 15 days after you receive or are presumed to have received notice of suspension or denial.” If TXDPS fails to receive the request for hearing within the 15 days, the Accused’s driver license will be suspended. Typically the suspension takes effect 45 days from the date of the arrest.

Quit Turning Misdemeanors Into Felonies

August 1, 2023 | by M. Neufeld Law

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Few things instill the same level of fear as seeing the flashing red and blue lights of law enforcement in the rearview mirror. Perhaps one thing scarier than the mere sight of police lights is the certain knowledge that you’re going to Montgomery County Jail. You can already feel the cold, tight cuffs on your wrists and hear the slam of the cop car door behind you. This knowledge makes it feel like the sky is falling and your world is ending. So, instead of pulling over, you slam your foot on the gas pedal and take off. You could now be facing a felony evading in a motor vehicle charge. A lot of times people who would have only had a misdemeanor charge, quickly turn that misdemeanor into a felony by doing this. Let’s explore some of the more common instances of when misdemeanors quickly turn to felony arrests while taking a closer look at the law.

I encounter this situation frequently. Misdemeanors can be qualified as Class C, Class B, or Class A offenses. Oftentimes, I will sit down with a client who would have only had a Class B misdemeanor to explain that their Class B misdemeanor is now a third degree felony. People who are driving with a suspended license, driving while intoxicated, or driving dirty know that an arrest is probable. While distressing, an arrest for a misdemeanor pales in comparison to facing punishment for a felony in Texas. A Class B misdemeanor is eligible for probation and/or can be punished with up to 180 days in county jail and a fine of up to $2,000.00. Without any enhancements, I see these Class B misdemeanors most commonly:

Possession of Marijuana

Self-checkout & Increased Incidence of Theft

September 16, 2022 | by M. Neufeld Law

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Many avoid the self-checkout lanes at stores claiming that they don’t work there. We’ve all seen the memes and heard the complaints surrounding scanning one’s items. Until they’re listed on the payroll, they’re not doing it. Some even choose much longer lines to avoid self-checkout. They may be onto something though! Recently Montgomery County has experienced increased arrests for theft increase arising from the self-checkout lane. Why is this happening and what can you do?

Big Box stores like Wal-Mart, Target, and Kroger consider theft a serious offense. In 2019, FaceFirst, a company specializing in facial recognition technology, conducted a study that found theft troubles retail chains and grocery stores as their number one problem in business. In 2021, the National Retail Federation concluded that retail shrinkage cost retailers 94.5 billion in losses. As such, superstores utilize Loss Prevention teams, facial recognition technology, and other tools to cut down on shrinkage. In addition to traditional methods of tracking a shopper through cameras or following them in the stores, retailers have cracked down on “skip scanners” or self-checkout theft.

Arkansan lawyer Carrie Jernigan, who has amassed quite a large Tik Tok following, has categorized those who have been charged with theft during the use of self-checkout as three types of people:

Arrested for DWI over Fourth of July Weekend? Read this ASAP!

July 14, 2022 | by M. Neufeld Law

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The fireworks faded, heartburn from that freedom dog set in, and the feel of the cool aluminum Truly can in your hand was swapped for the cold steel of handcuffs around your wrists. This sounds like an arrest for DWI over Fourth of July Weekend. The next thing you know you’re walking out of the Montgomery County Jail in Conroe with a vacuum sealed plastic packet with paperwork that makes no sense. What does that paperwork mean? What do you do next?

Sorting through that packet of paperwork can feel overwhelming. Each flip of the page floods you with the emotions of being cuffed, placed in the back of the police car, and booked into jail. You might want to toss it to the side and forget this DWI arrest ever happened. Doing that though could result in an automatically suspended driver license. In Texas when you’ve been arrested for an alcohol related driving offense, you only have 15 days to request an Administrative License Revocation hearing. The DIC-25 Form in that packet serves as your only notice and admonishment of this process.

During the arrest process when requesting a specimen of your breath and blood, the officer should have read you the DIC 24. This form vaguely lays out the consequences of refusing and/or consenting to providing a sample. The ALR Hearing acts as the venue to determine if your license shall be suspended for refusing or failing to provide a breath or blood sample.

Conroe DWI Trial & the Importance of the SFSTs

August 12, 2021 | by M. Neufeld Law

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In a recent DWI trial here in Conroe, Texas where the jury made the right decision and found my client not guilty, I was reminded of a previous blog. In Three Questions to Ask your DWI Lawyer I explored the concept of asking, “What is your experience with the NHTSA manual?” instead of “What’d my video show?” The acquittal in this recent DWI trial would not have been possible without an intimate knowledge of the National Highway Traffic Safety Administration (NHTSA) manual. With this in mind it’s worth revisiting and diving further into the importance of the NHTSA DWI Detection and Standardized Field Sobriety Test (SFST) manual and the SFSTs.

The NHTSA DWI manual is the bible for law enforcement in alcohol related driving offenses. It delineates the proper policies and procedures in administering the SFSTs. Defense Counsel must be familiar with those investigative techniques to ensure that law enforcement administers them correctly. If one cannot identify if they’re administered correctly, then they can’t identify if they’re administered incorrectly and attack them in trial. In short, if you know what law enforcement is supposed to be doing better than they do you’re better suited to find issues that can benefit the accused. Some potential issues include an individual who is not an ideal candidate for the tests being encouraged to perform, invalid clues being counted as signs of intoxication, failing to eliminate other causes of poor performance or bizarre behaviors.

Keep in mind, these tests are not designed to help or exonerate you. No irrefutable objective science supports the “evidence” gathered by these assessments and through its criteria to prove intoxication. “Validation studies” conducted approximately 30 years ago contribute to the substantiation of this investigative tool. However, the tests themselves and the performances are largely interpreted through subjective belief; the subjective belief of the officer. The officer observes the clues and tallies the score to determine if the person is intoxicated. For the divided attention tests, the Walk and Turn and the One Leg Stand, an officer only needs to observe two clues before they believe you are intoxicated. But several problems with these so-called clues can arise simply from the way the officer instructs the test. A clue of intoxication according to these tests is “starts too soon.” Many law enforcement agents fail to advise individuals suspected of DWI that this counts against them. Instead of saying, “Stay on this line until I tell you to start. If you start before I tell you, that is a clue that you’re intoxicated.” Most accused of a crime are nervous, eager to please, and more eager to conclude the investigation. So once given instructions, they want to get started to get it over it with more quickly. Starting too soon should not be a sign of intoxication, but by the criteria of this test it is.

False Confessions in Criminal Cases and What They Mean

December 4, 2020 | by M. Neufeld Law

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You hear it all of the time; “You have the right to remain silent“ And? “And anything you say, can and will be used against you.” I bet you murmured the second part to yourself. Didn’t you? That’s because the phrase is so commonplace that you think that you know your Miranda Rights and what they mean. However, when it really counts in criminal cases most people don’t remain silent. The ingrained, inherent trust of law enforcement oftentimes wins out when it comes to self-preservation. This is a costly mistake, especially when you didn’t do anything wrong. Your belief that justice will prevail creates a false security and you waive your rights. So, what happens if you don’t remain silent and worse give a false confession?

The concept of false confessions seems counterintuitive. Most people can’t imagine admitting to doing something that they didn’t do. False confessions happen far more often than you’d think though. In a study conducted by the Innocence Project, many of the nation’s more than 360 wrongful convictions overturned with DNA evidence involved some sort of false confession. That’s 29% of the exonerations by DNA evidence. Even though, while you’re reading this you’re probably thinking, “Why would you say you did it, if you didn’t?” That’s a good question. The formula for a false confession arises from any or a combination of psychological factors, certain individuals who are more likely to confess than others, and behavior of law enforcement.

The most common psychological factors that can lead to false confessions are feelings of guilt, pathological needs for notoriety or attention, delusions of involvement, perceptions of tangible gain, desires to protect someone else, cognitive inabilities to comprehend, and developmental inabilities to comprehend seriousness or process. One example is when John Mark Karr confessed to the 1996 killing of 6 year old JonBenet Ramsey. Despite his confession, scientific evidence professed the real truth. He wasn’t the killer. His false confession is attributed to his compulsion for notoriety or fame. A phenomenon also seen when over 200 people falsely confessed to the 1932 kidnapping of Charles Lindbergh’s baby. The other common psychological factors can be seen in the vulnerable populations that are more likely to falsely confess.

Mental Health & Criminal Defense in Montgomery County

September 10, 2020 | by M. Neufeld Law

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World Suicide Prevention Day raises awareness of mental health issues and some of the consequences of untreated disorders. Oftentimes, these mental health issues intersect with criminal defense. After practicing law in Montgomery County, Texas for almost 11 years I have identified certain fact patterns where mental illness reveals itself. This can be seen in drug, assault and other cases. While there are certain similarities in cases where underlying mental health issues exist, each person and condition is unique in their own right. Mental health is a complex and nuanced topic that requires much more attention than one blog post. This is just one effort in honor of World Suicide Prevention Day.

If you’re arrested for a criminal offense, that does not mean that you’re a bad person. Innocent until proven guilty, right? Exactly. Outside of the pillars of the Constitution, the law, your individual rights, and the presumption of innocence this is even more true for someone suffering from a mental illness. I see this in drug cases when people are suffering from what is diagnosed by a qualified professional as bipolar disorder, depression, anxiety, schizophrenia, etc. who simply just want to feel better; they want the pain to stop. I see this in assault cases where the person is in crisis and not typically a violent person, but can’t process through conflict or control their emotions. Many cases that come across my desk lack criminal intent, but contain an unmistakable element of untreated mental health conditions.

Overall our system is lacking for those who suffer with mental health issues. However, in the cases where my client lacks criminal intent or simply needs help, I work with some local resources such as diversion courts, DWI and Drug Court, Mental Health Court Services and other local mental health professionals to find a plan to meet their needs and in the right situations – resolve their case.

K9 Units in Montgomery County & How They Impact Your Drug Case

August 23, 2020 | by M. Neufeld Law

K9 Units in Montgomery County & How They Impact Your Drug Case

K9 in Montgomery County & Your Drug Case
Stakes rise for those in possession of drugs in The Woodlands, Texas and surrounding areas as Montgomery County Precinct Three (3) Constable’s Office adds two new K9 officers to their team. The two dogs, Rambo and Marlin, will be doing double duty as narcotics and patrol K9s. However, an alert in a search by Rambo or Marlin to drugs isn’t the smoking gun many think. There are both scientific and legal issues to consider when addressing K9 search cases. What are they and how do they impact your case?

K9 dogs are specially trained to alert to the odor of drugs in a vehicle. Animal behaviorists and trainers work with the dogs to cue on demand to the smell of marijuana, cocaine, heroin, etc. If a dog though, is man’s best friend how is he going to sell you out like that? Well, what is more loyal than a dog? Nothing really. They are loyal by nature. By nature though, they also eat, sleep, love on you and…smell around; sniffing your food, your butt, and the air. When the odor of a substance is present in the air they will react.

“How Did My Vape Pen Land Me a Felony Charge?” And Other THC Related Questions

August 7, 2020 | by M. Neufeld Law

“How Did My Vape Pen Land Me a Felony Charge?” And Other THC Related Questions

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The advent and mainstream use of CBD products, changes in the legislature and Travis Scott have normalized marijuana usage and desensitized Texas high schoolers and young adults to the criminal consequences of some products. Gummies, wax, and vape pens aren’t your parents’ blunts or joints. And partly the reason you were charged with a felony when you were arrested in Montgomery County with your vape pen. But, why is that really?

A vape pen is a compact, on-the go vaporizer that resembles a pen. Otherwise known as a dab pen, wax pen, or vaporizer, it uses cartridges to produce a vapor from an oil that can be inhaled by users. Cartridges can contain nicotine, CBD or THC oils. THC oil contains tetrahydrocannabinol, which is a Penalty Group 2 substance.