Conroe Criminal Lawyer Blog

Want a life of pain?  Then don’t listen.  Many years ago when I was a designated doctor for the Texas Workers’ Compensation Commission, I performed independent medical examinations (IME) in order to determine levels of impairment.  What’s that?  It’s simply determining what lasting injuries a person will likely have for the rest of their life.  Take for instance, losing a finger or hand.  One particular exam was twenty some odd years ago and I don’t remember the patient or the injury, but what I do remember was the insurance adjuster.  This particular adjuster called me and said, “I’ve looked at the MRI and I don’t really think this person is hurt.”  Interesting, I thought.  First, what kind of training has this joker had to make this determination and second, the only thing he cares about is his bottom line, money.  The adjuster was trying to settle this claim for less money, making him look better to the insurance company: hence promotion.

Why the anecdote? Simple.  When you have an injury don’t let anyone dictate your plan of action but you and your doctor.  Auto and truck accidents are no different. You’re busy.  We’re all busy, but you only get one shot at this.  If an injury heals wrong, you’re done.  That injured area will never be the same.  In personal injury cases people tend to think they will just get better.  Don’t do that.  It’s not true.  Consult with your doctor.  If you need a personal injury attorney, and you probably do, speak to him or her about your pain and injury.  Even low speed collisions in a vehicle or truck crash can cause tearing of your tissue that simply will not heal correctly without proper therapy and rehabilitation.

Insurance companies simply do not want to pay for therapy and rehabilitation in auto or truck accidents.  Be proactive.  Make sure you max out your personal injury protection (PIP) on your policy to protect yourself.  Hire an experienced personal injury attorney, preferably an attorney that has a background in the diagnosis and rehabilitation of your injuries.  Remember, the right choice could save you a headache later.  Literally.

The Fourth Amendment provides each of us against unreasonable searches and seizures.  Due to the Fourth Amendment, you feel secure in your home or vehicle. Should you?  The State of Texas doesn’t feel the same way.  Until recently, the State could take your blood if you were involved in an accident under suspicion of DWI.  Does it really get more invasive than sticking a needle in your arm and removing your blood from your body?  In fact, it was statutory under the Texas Transportation Code.  In other words, you didn’t have a choice, the government just took your blood.  Fortunately, the United States Supreme Court and later the Texas Court of Criminal Appeals (the highest criminal court in our state) did not agree.  Those Courts found that there should be special “exigent” circumstances in order to get around the warrant requirement when taking your blood in a DWI stop. This means you had some of your Fourth Amendment rights returned to you.  Good, right?  Well, it’s good for now.  Two opinions came down from the Texas Court of Criminal Appeals last week.  In both cases, the State of Texas, your government, argued it wants to take back your rights against unreasonable searches and seizures.  In other words, the State wants the statute under the Texas Transportation Code restored.

Here’s an example for you.  You have a drink (1) with your dinner at Chili’s.  You are driving down the road in the recent storms.  You hydroplane and get in a wreck.  It’s not your fault.  You hit your head.  You’re a little out of it from the bump on your noggin.  Someone else is injured.  Under the old law, you’re taken to the hospital and your blood is drawn.  You have no choice in the matter.  You are then taken to jail and arrested for DWI.  Sounds crazy but it happens every day.  If you are arrested for DWI or DUI in Montgomery, Grimes, Walker, Madison, or Leon Counties think about the above example.  No DWI arrest is simple.  You need an experienced criminal defense attorney.  Call us today.

Recent storms have caused widespread damage to commercial buildings and homes throughout Texas.  Some of the damage is visible, some of the damage is hidden to the untrained eye.  If your commercial property or home has been hit by the recent storms, you should immediately notify your insurance carrier.  Failing to timely notify your insurance carrier can prejudice your rights to recover compensation for storm damage.  So don’t delay in notifying your insurance carrier.  You should also photograph all apparent storm damage and provide the evidence of the storm damage to your insurance carrier.  You need to mitigate, which means you need to tarp and cover damaged roofs or walls to prevent further damage from wind and rain.  Insurance companies are in the business of collecting premiums and denying claims.  You don’t want to make their job easy for them.  In summary, notify your insurance carrier of storm damage and protect your property from future damage.  Remember, insurance companies frequently deny claims by arguing that the storm damage was caused by ordinary wear and tear or faulty construction.  Don’t be a victim twice.  Demand that your insurance carrier repair and/or replace all storm damaged property.  If that doesn’t work, call an attorney experienced in handling storm damage claims.  At M. Neufeld Law we have an attorney on staff with the years of experience that you need to handle your claim and make you whole again.  Call today at 936-228-6155.

Lose your Texas driver’s license due to a suspension?  Reasons include arrests or convictions for DWI (driving while intoxicated), BWI (boating while intoxicated), or even drug and substance offenses such as possession of marijuana.  You may already be eligible to get your license back.  Surprisingly, the number one reason we see for people not receiving their licenses is due to a simple mistake.  The mistake being, the failure to change one’s address.  The failure to change your address not only causes a delay, it can cost you money.  Under the Texas Transportation Code Section 521.054 you can receive up to a $200 fine for failure to change your address within thirty days of moving.  If your license was suspended due an intoxication offense such as DWI or BWI, you can be charged with a Class B misdemeanor which is punishable by up to a $2000 fine and or 180 days in jail.

Don’t let yourself get caught in this license quagmire.  It’s not worth the risk of getting caught without a license or insurance.  The penalties will mount and become steep quickly.  Keep your address up to date and pay your reinstatement fee.  If you need a solution, call us.   Even with a license suspension, we can frequently get you an occupational license. This “occupational license” will allow you to get to work or school without the risk of other penalties.  We provide this service for Montgomery, Walker, Madison, and Leon counties.  Call us today and we’ll get you back on the road.

Picture this.  You are pulled over and arrested for driving while intoxicated (DWI) in Conroe or Huntsville, Texas.  You enter a plea agreement.  The state makes an error by not alleging the year of the offense.  The trial court grants motions to acquit.  You walk free with no DWI on your record.  Real or fantasy?  It happened in Central Texas.  Well, almost.

Dismissal vs. Acquittal

The United States Supreme Court prescribed the definition of “acquittal” as, “a defendant is acquitted only when the ruling of the judge, whatever its label, actually represents as resolution (in the defendant’s favor), correct or not, of some or all of the factual elements of the offense charged.”  Why is this definition relevant?  In a recent decision by the Tenth Court of Appeals of Texas, the trial court in the above listed example in the first paragraph called its opinion in that matter a “verdict of acquittal.”  In reality, this “verdict of acquittal” was nothing more than a dismissal in disguise.  The reason being no matter what the trial court calls its decision, in a criminal matter anything short of a directed verdict or a not guilty verdict by the court or jury is in reality a dismissal.  Hence, not an acquittal.

Let’s say you visit your doctor.  You live in Conroe, the Woodlands, Huntsville, Madisonville, or Centerville.  The nurse takes your history.  The doctor orders tests.  The doctor makes a diagnosis. Your personal health information is put into your personal file which is kept secure, right?  Not necessarily.  In Texas, your personal health record could be opened to a room of twelve strangers to pour over your information. Feel violated?

A brief history, in 1996 the HIPAA privacy rule was passed by Congress.  Most health plans and health care providers were ordered to comply with the new rule in April of 2003.  Congress enacted the HIPAA rule to give patients control over their personal health information.  After all, who wants the government or any other entity to dig through their personal health information?  Well according to Texas courts, when your government suspects a crime is afoot, your government may obtain your private history from your physician.  Let’s say you have a condition that you would prefer to keep private.  You decide to have a beer at your local restaurant.  The police pull you over.  The officer smells alcohol.  You get arrested for DWI (driving while intoxicated).  The district attorney may then use the grand jury as a tool to obtain your medical records.  In essence, your private medical condition is now no longer private.  That can’t be legal you say?  In April, the Court of Criminal Appeals of Texas found the release of your personal information when suspected of drunk driving to be perfectly legal.  Time to get concerned?  You bet.

If you’ve been arrested for DWI or another drug or alcohol offense in Montgomery, Walker, Madison, or Leon Counties and think your rights are being trampled on, call our office.  You need an aggressive criminal defense attorney to fight for your rights immediately.  We can’t help you if you don’t give us a call.

Clients arrested for Driving While Intoxicated in Conroe and Huntsville often ask, “why was I pulled over in the first place?”  The stop should be the first thing your criminal defense attorney scrutinizes.  The standard list of infractions spans from traffic offenses to minor things like jerking the wheel.  I drive from Walker County to Montgomery County frequently.  Along the way I encounter students commuting to Sam Houston State University.  What are they doing?  In a kind word, multitasking.  This includes, smoking, applying makeup, talking on the phone, texting, etc.  In summation, they are all over the road.  Why does this matter?

It matters because the state of Texas handed down a ruling last week that further erodes your protection against unlawful intrusions into your private space.  Have you been pulled over for the above listed infractions during the day?  Probably not.  After dark?  You bet.  What your government has cleverly disguised as “community caretaking intrusions,” are nothing more than fishing expeditions into your private domain.  What’s the point here?  The point is to pay attention to the road.  It may save you from an arrest.

Not all arrests are lawful though.  It always pays to have an experienced criminal defense attorney to look at your case.  In our office, if we see any funny business, you can bet we will track down that rabbit trail.  Remember, if you’re arrested for a DWI or any drug or alcohol offense Walker, Leon, Montgomery, or Madison County, call M. Neufeld Law for a free consultation.