conroe

Quit Turning Misdemeanors Into Felonies

August 1, 2023 | by M. Neufeld Law

felony arrest montgomery county
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

markus-spiske-wL7pwimB78Q-unsplash-300x200

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

DWI Arrest COnroe
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

jordan-duca-Ueb9h9Q6Ppg-unsplash-240x300
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.

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

cdc-3_OGgbdPIdA-unsplash-300x200
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.

Be Careful, Avoid DWI as Montgomery County Reopens

May 1, 2020 | by M. Neufeld Law

91611820_1453444248150750_5091386006570008576_n-300x300
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.