Call Now  (713) 227-4444 Email Us Hablamos
Español

Neal Davis Blog

  • About
    • Neal Davis
    • Tyler Brock
    • Hiring An Attorney
  • Expertise
    • Criminal Defense
    • Sex Crime Defense
    • Child Pornography
    • Child Solicitation
    • Drug Possession
    • White Collar Crimes
    • Shoplifing/Theft
    • DWI
    • Murder Defense
    • Assault & Family Violence
    • Title IX Defense
  • Results
  • Reviews
  • Press
  • Resources
    • Blog
    • Criminal Defense Guides
    • Scholarships
Home / Criminal Defense / The Case for an Adversarial Criminal Justice System

The Case for an Adversarial Criminal Justice System

April 9, 2016

Last May, Harris County received grant money from the MacArthur Foundation to study the Harris County Jail population. The goal of the study was to “get data and improve the way Harris County makes use of its jail and criminal justice resources” in order to relieve the overcrowding problem the county faces. As a result of this six-month study, the Harris County District Attorney’s Office has implemented a number of changes.

  • Starting in February 2016, first-time felony offenders caught with illegal drugs (4 grams or less) will be charged but diverted into a year-long program offering help—not jail-time. They will be evaluated and it will be determined what kind of help they need.
  • First time non-violent offenders who commit Class B misdemeanor theft will be offered a similar program.
  • Finally, there will be diversionary programs for mentally ill defendants.

Harris County Sheriff Ron Hickman spoke with local media about the changes, saying, “We use the jail as a housing project for too many people who don’t need to be there. It is important to look for offenses throughout the system. There are a lot of moving parts and a lot of puzzle pieces.”

Changes such as these may seem positive, but the reality is that in many drug and theft cases, the prosecution simply cannot prove its case in the first place—for example, if the police have conducted an illegal search or lied about what occurred. In fact, our firm successfully handled such a case recently where a police officer’s body-cam contradicted his police report. In other cases, a valid defense exists—such as the defendant not having intended to commit the crime.

At the heart of our criminal justice system in the United States is the adversarial process. Our Founding Fathers were very skeptical of handing over unbridled power to prosecutors or even judges. The truth, they believed, best emerges by having two sides—prosecution and defense—fight against each other.

Diversion programs sidestep the adversarial process and offer defendants what looks like an easy way out: “Just admit you’re guilty and follow terms and conditions similar to probation. Then everything will be okay.” … or so the District Attorney would have you believe.

The problem is that in reality these programs are very burdensome on defendants, whose time is scarce enough given work schedules and family or community commitments. Just this week, a woman called me because she is finding it difficult to complete her probation given her various responsibilities.

Any mistake while enrolled in these programs—such as missing a meeting—can land you in jail or prison. And guess who decides if you messed up? The prosecutor.

So the “easy way out” may not lead to the best outcome for you. It’s important to hire a lawyer to test the prosecution’s evidence, as envisioned in our adversarial legal process.

That’s the American way.

About the Neal Davis Law Firm

If you’re looking for a skilled attorney who isn’t afraid to stand up to prosecutors and fight for your best outcome, then look no further than top Harris County criminal defense lawyer Neal Davis. With over 20 years of experience winning cases all over Texas and the country, Neal’s superior qualifications, client service, and record of successful cases has earned him numerous industry awards and recognitions, including both an AV rating (2015) and a listing in the Best Lawyers of America (2015-2019). You can schedule a consultation to discuss your case with Neal by calling our office at (713) 227-4444 or submitting a contact form today.

Related Resources

  • Harris County Has a Huge Backlog of Criminal Cases
    Harris County Has a Huge Backlog of Criminal Cases
  • Violating a Court Order Can Bring Your Arrest
    Violating a Court Order Can Bring Your Arrest
  • Post-Conviction Writs & Appeals May be Needed
    Post-Conviction Writs & Appeals May be Needed

Learn More About Criminal Defense


Overview of Criminal Defense
Questions to Ask Your Attorney
White Collar Crime
Crime Classifications
Common Criminal Defense Questions
Have You Been Arrested
Death Penalty Law
Criminal Defense Legal Terms
Rights of the Defendant
Employment after Incarceration

5-star review image
The closing speech gave the jurors the right guideline on how to do their job correctly
DWI  |  Houston
Client acquitted from a .18 blood alcohol charge
2016-08-22
"This Montgomery Courtroom had not seen a Not Guilty verdict in 2 years. My verdict on 8/22/2016 was Not Guilty ..."
C.A.C. (case expunged), Verified Customer
5-star review image
They were very responsive and their actions saved me
Criminal Defense  |  Houston
Federal charges declined
2014-10-14
"Neal's team was amazing. Not only did they take the time and listen to my every fear, they ..."
A.E., Verified Customer
5-star review image
Forever grateful
Criminal Defense  |  Beaumont
Client's federal charges declined
2020-06-25
"Neal, I have been waiting a long time to send this to you! If it weren't for you, ..."
A.C., Verified Customer

Categories

  • Child Pornography & Online Solicitation
  • Community
  • Criminal Defense
  • Drug Crimes
  • Federal Crimes
  • Firm News
  • Intoxication Offenses
  • Sex Crimes
  • Violent Crimes
  • White Collar Crime

Search

Criminal Defense Court Process

FREE E-BOOK

Learn all about the legal process and your legal rights.

Get Your Free Copy Now

Board Certified, Criminal Law – Texas Board of Legal Specialization (2009-2021), AV Rated by Martindale Hubbell (2015), and listed as a Best Lawyer in America (2015-2020)

He doesn't give up, no matter what you're up against
M.F.
5-star review image
Got my life back
K.W.
5-star review image
Muy satisfechos con su trabajo
Tia de J.C.
5-star review image

Read All Reviews

    Contact Our Law Firm




    We respect your privacy. The use of this form does not establish an attorney-client relationship.

    Address
    Neal Davis Law Firm
    The Heights Boulevard Law Building
    1545 Heights Blvd., Suite 700
    Houston, TX 77008

    Map

    Call 24/7
    (713) 227-4444

    Office Hours
    Monday - Saturday
    8:00 AM to 6:00 PM

    Sunday: Closed


    Experienced Criminal Defense Law Firm in Texas

    While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including:


    Location

    Harris County:

    Houston, Pasadena, Baytown

    Montgomery County:

    Conroe, The WoodlandsWillis, Pinehurst

    Fort Bend County:

    Sugar Land, Richmond, Needville, Cinco Ranch


    Your Houston Criminal Defense Lawyer: Neal Davis


    A principle of the American criminal justice system is that all defendants are "innocent until proven guilty." Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial.


    The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes.


    Board Certified, Criminal Law – Texas Board of Legal Specialization. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). Enjuris Texas personal injury guide

    © 2022 Neal Davis Law Firm, PLLC. All rights reserved. Law Firm Online Marketing by SEO Advantage, Inc.


    Legal Information

    The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from place to place. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Every case is different and individual results may vary depending on the facts of a case.