Criminal Defense

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:

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.

“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.

Arrest Does Not Equal Guilt

July 24, 2020 | by M. Neufeld Law

Arrest Does Not Equal Guilt

July 22^nd a Montgomery County Judge signed the dismissals on all charges against former University of Houston player and Buffalo Bills’s current defensive tackle Ed Oliver. On or about May 16, 2020, Oliver was arrested for Driving While Intoxicated and Unlawful Carry of Weapon. Oliver complied with officers’ requests to complete the Standardized Field Sobriety Tests (SFSTs) as seen below.

Three Questions to Ask your DWI Lawyer

May 22, 2020 | by M. Neufeld Law

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Three Questions to Ask your DWI Lawyer

So, you’ve been arrested for Driving While Intoxicated (DWI) in Montgomery County. The encounter with law enforcement, the ride to the jail, the booking process – each step more embarrassing and frustrating than the first. Now, it’s time to fight the case. You need to find a lawyer, but you’ve never been in trouble before – let alone for DWI. This process should not be complicated or frustrating, but how do you know you’re in the right hands? What do you ask your DWI lawyer before hiring them? This article is meant to provide some suggestions. If you already have a lawyer though, this article is still for you. These are some questions you can ask other than, “What’s going on with my case?”

Instead of: “What’d my video show?” Ask: “What is your experience with the NHTSA manual?”

Be Careful, Avoid DWI as Montgomery County Reopens

May 1, 2020 | by M. Neufeld Law

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After a couple of months of being shut down, the world prepares to reopen. Texas Governor Abbott announced on April 27^th his phases to begin opening the state back up. Today, under Phase 1, many businesses take down the shutters and open their doors at 25% occupancy to restless communities and anxious employees. Montgomery County though, under County Judge Mark Keough’s interpretation of the order, resumes business as usual with more expansive reopenings; this includes bars. If you’re someone who has been counting down the days and have your first day of socializing outfit picked out, be careful.

Since the Natural Disaster Declaration and Stay-At-Home Order, arrest numbers have been down throughout Texas. While the courts have been working diligently to reduce the amount of bail bonds and issue Personal Recognizance Bonds to lower jail populations in an effort to flatten the spread of the virus, law enforcement has seen a drop in incidents of Driving While Intoxicated. Montgomery County specifically, typically strives to be strident in their attacks on DWI. Montgomery County became one of the first Texas counties to participate in the No Refusal Initiative in 2005 that allows mandatory blood draws.

No Refusal Weekends traditionally have been holiday weekends, such as Memorial Day, Labor Day, Halloween, and the time starting from Thanksgiving through Christmas and ending after New Years Eve. For example from December 21, 2018 through January 1, 2019, Montgomery County law enforcement arrested approximately 146 individuals under the suspicion of Driving While Intoxicated (DWI). The time between Memorial Day Weekend and Labor Day Weekend has been dubbed the “100 Deadliest Days of Summer.” In 2019, 766 people were arrested for alcohol related offenses during these days.