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Criminal Defense Guides

Welcome to the Neal Davis criminal defense library. Below you will find valuable information organized by category. Start by clicking on an article that interests you. You will then be taken to a page written by us on that topic. If you require more information on your specific case, please contact us to schedule a free consultation. We will continue to build this resource in the months ahead by linking to informative and insightful content about criminal law and its practice, so be sure to come back and visit us soon.

Exonerations By State (Report):
Statistics on Wrongful Convictions in the United States

Exonerations rise nationally as falsely convicted Americans get justice

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SEX CRIMES

What If A Sex Charge Involves A Child Or Minor?

The penalties in Texas for sex charges involving a child or minor can be extremely harsh and vary depending on the offense: sexual assault of a child, aggravated sexual assault of a child, etc.

10 Common Myths About Child Sex Abuse

Houston sex crime defense lawyer shares the most common misconceptions about child abuse

TOP 10 QUESTIONS ABOUT CHILD SEX ABUSE CHARGES

What is child sex abuse? How pervasive is it and who commits such crimes? Lastly, what is the punishment for child assault in Texas? These questions and more answered.

WHAT IS TEXAS’ ROMEO AND JULIET LAW AND HOW DOES IT WORK?

Texas is one of many states that have passed legal protections for certain teens who have had consensual sex with someone below the age of consent. The law is so named after the fictional young lovers in the classic William Shakespeare play “Romeo and Juliet.”

HOW TO REFUTE A FALSE SEX CRIME CHARGE

Have you been falsely accused of a sex crime and charged with a criminal offense? You may be wondering how to appeal a false sex crime charge. Find out what you should do, what you shouldn’t do, and when to contact an attorney to help fight the charge levied against you.

HOW TO DEFEND AGAINST FALSE WORKPLACE HARASSMENT CHARGES

Have you been falsely accused of sexual harassment on the job? Sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”

HOW NOT TO RESPOND TO A FALSE SEX CRIME ALLEGATION

The truth about what mistakes to avoid if you’re falsely accused of a sex offense in Texas.

HOW LONG DO YOU HAVE TO REGISTER AS A SEX OFFENDER IN TEXAS?

You may be wondering if and how long you will have to register as a sex offender in Texas. Here's what you need to know about sex offender registration time requirements.

STATUTES OF LIMITATIONS FOR SEX CRIMES IN TEXAS

Understand the time limits for being charged with sexual assault or another sex offense in the Lone Star State.

WHEN CAN A SEX OFFENSE CHARGE BE EXPUNGED IN TEXAS?

If you face a charge for a sex offense in Texas, you may wonder when or if that sex offense charge can be expunged — that is, removed from your criminal record.

WHAT TO DO IF FALSELY ACCUSED OF ELDER SEX ABUSE

Have you or a family member been falsely accused of elder sex abuse? If so, you need an experienced sex abuse lawyer to protect your legal rights.

WHY DO PEOPLE MAKE FALSE SEX ABUSE ALLEGATIONS?

Many innocent people are falsely accused of sex crimes each year for ulterior motivations such as the need to alleviate social and personal distress...

IS IT A CRIME TO FALSELY ACCUSE SOMEONE OF A SEX OFFENSE?

Is a false report of a sex crime a crime in itself? It may be, but that depends on the intent of the report, among other things.

SEXTING: WHEN IS IT A CRIME IN TEXAS?

Is sexting a crime in Texas? Sometimes. See this overview of sexting laws in Texas for adults and teens.

HOW TO HANDLE FALSE ALLEGATIONS OF A CHILD SEX OFFENSE

Have you or a loved one been falsely accused of online solicitation or another child sex crime? Learn what to do (and what not to do) to get to the truth.

TEXAS SOLICITING PROSTITUTION LAWS & PUNISHMENTS EXPLAINED

In Harris County, soliciting prostitution laws and punishments can be harsh for those charged with the crime. Veteran Houston criminal defense lawyer Neal Davis explains.

TEXAS SEXUAL OFFENSE PUNISHMENTS: WHAT A CHILD SEX CRIME CONVICTION REALLY COSTS

Sex offense convictions are some of the most devastating criminal punishment. Continue reading to learn what a sex offense charge might cost you.

WHAT TO DO WHEN FACING FALSE ACCUSATIONS OF A SEXUAL CRIME

Have you been subjected to false sexual claims or allegations? If so, you should know this is a serious legal matter, even if those claims are utterly false.

HOW A LAWYER PROTECTS YOUR RIGHTS IN A SEX CRIME CASE

As award-winning Houston criminal defense lawyer Neal Davis says, hiring the right attorney can make or break your sex offense case...

RAPE & SEX ASSAULT: DEFINITIONS, TYPES & PUNISHMENTS IN TEXAS

If you've been charged with rape or sexual assault and need criminal defense, learn the definitions of such sex crimes and the nature of their charges.

WHAT TO DO IF FALSELY ACCUSED OF A SEX CRIME

Do you face a sex crime charge for something you didn’t do? If so, you may be wondering what to do if you were falsely accused of a sex crime.

DEFENDING SEX ASSAULT CHARGES IN TEXAS

Need legal defense against a sex crime charge in Houston, Harris County, Fort Bend County or Montgomery County? Contact veteran criminal defense lawyer Neal Davis for help defending or countering a Texas sex crime charge.

SURPRISING SEX OFFENSES IN TEXAS: SEXTING, CHILD PORN, ONLINE SOLICITATION & IMPROPER STUDENT-TEACHER RELATIONSHIPS

Houston sex crime defense lawyer Neal Davis shares a few surprising actions that can land you on a sex offender list in Texas.

HUMAN TRAFFICKING LAWS IN TEXAS & SEX CRIME DEFENSE

Though slavery and human trafficking were banned by the Thirteenth Amendment to the U.S. Constitution in 1865, involuntary servitude remains a huge problem - especially for minors and undocumented immigrants who are most vulnerable.

TEXAS ONLINE SOLICITATION OF A MINOR: CHARGES, PUNISHMENTS & DEFENSES

If you face charges for solicitation of a minor, you need to know your legal rights and your best sex crimes defense. Veteran Houston criminal defense lawyer Neal Davis can provide such help when you need a skilled defense of a charge of online solicitation of a minor.

 

 

CHILD PORNOGRAPHY & COMPUTER CRIMES

Penalties for Possession of Child Pornography in Texas

If you or a family member face a charge of possession of child pornography in Texas, you should know the about the strict penalties involved — and how important it is to engage an experienced child porn defense lawyer.

COMMON DEFENSES AGAINST CHILD PORN CHARGES

6 possible defense strategies to beat a child pornography possession or distribution charge in Texas

16 COMMONLY ASKED QUESTIONS ABOUT CHILD PORNOGRAPHY OFFENSES

Experienced Houston, TX child porn defense attorney Neal Davis provides quick answers on frequently asked questions.

CHILD PORN VIEWING VS. POSSESSION UNDER TEXAS & FEDERAL LAW

Possessing child porn is a serious sex crime for which you could spend years in prison and pay hefty fines. But did you also know there is a legal gray area between viewing and possessing child pornography?

REVENGE PORNOGRAPHY LAW IN TEXAS

Is revenge porn a crime? And if so, what are the consequences? Learn more about revenge porn law in Texas.

WHAT IS ILLEGAL TO VIEW ON THE INTERNET?

With so many sex crimes in the news based on so many things, you be wondering what is illegal to view on the Internet. That’s an important question since Internet use can lead to sex crime charges, which can result in fines and even prison time.

CHILD PORN SENTENCES CAN BE UNREASONABLE

Are federal and state sentencing guidelines for child sex offenses like possession or distribution of child pornography too harsh?

AMENDED SENTENCING GUIDELINES FOR CHILD PORNOGRAPHY

For decades, punishments for possessing child pornography in America have been widely criticized as being extremely harsh. As a result, the bipartisan United States Sentencing Commission amended federal sentencing guidelines, effective Nov. 1, 2016.

DEFENSES FOR AN ONLINE SOLICITATION OF MINOR IN TEXAS

What legal defenses are possible if you've been charged with online solicitation of a minor in Texas? Learn about federal and state sex crimes laws & punishments from an experienced Houston criminal defense attorney.

ONLINE SOLICITATION OF A MINOR SEX STINGS IN TEXAS: YOUR LEGAL RIGHTS

Are aggressive sex stings constitutional or entrapment? Learn about your legal defenses against an online solicitation of a minor charge.

WHAT IS CHILD PORNOGRAPHY UNDER STATE AND FEDERAL LAW?

Under Texas and federal law, a person cannot receive, access, possess, or distribute child pornography. Of course, this begs questions such as: What exactly is child pornography. Does it cover only images? Does it cover material not involving sexual intercourse? Does it cover artistic photos?

EXPOSING INJUSTICE IN COMPUTER CRIME CASE PUNISHMENTS

Why are prosecutors' policies more lenient when defendants actually sexually abuse a child than when they are involved in computer crimes involving children?

FEDERAL CHILD PORNOGRAPHY LAW: A TEXAS CITIZEN'S GUIDE

What federal & state laws apply to child porn crimes? What constitutes child pornography? What are the punishments? Answers to common questions and expert legal advice.

 

 

CRIMINAL DEFENSE LAW

When is Self Defense Justified in Texas?

Have you or a family member been accused of assault when it was more a case of self-defense? If so, you need answers.

Criminal vs. Civil Cases & How They Differ

To understand how criminal law and civil law differ in Texas, you should understand the main types of offenses which prompt such legal actions, and how they proceed to court.

How to Appeal Your Criminal Case

What you need to know about the criminal appeals process in Texas

HOW TO CHOOSE THE BEST HOUSTON CRIMINAL DEFENSE LAWYER

If you or a family member faces a criminal charge, you should know how to choose the right criminal defense attorney in Houston to represent you and protect your legal rights.

10 REASONS TO HIRE A CRIMINAL DEFENSE LAWYER IMMEDIATELY

If you face a criminal charge, you should know about many reasons why it’s important to hire a defense attorney right away.

10 WAYS A CRIMINAL RECORD IMPACTS YOUR LIFE

How can a criminal record, even a misdemeanor, impact your life? Understand the long-term consequences of a conviction in Texas.

WHAT ARE YOUR RIGHTS WHEN ARRESTED?

Do you know what your rights are if you’re arrested? You should, because those rights can be violated by arresting officers, which might bolster your chances of getting a charge dropped or dismissed.

WHAT'S THE DIFFERENCE BETWEEN FELONIES AND MISDEMEANORS?

Exploring the legal distinctions between felonies and misdemeanors in Texas - definitions, penalties, examples.

WHEN CAN I SUE FOR FALSE ALLEGATIONS OF A CRIME?

If you or a family member beat a false accusation of a sex crime or other offense, you may be wondering, “Can I sue for false allegations of a crime?”

EXPUNCTION: HOW TO CLEAR YOUR CRIMINAL RECORD IN TEXAS

In the state of Texas, the expunction process can help you clear your criminal record. But not everyone has this option...

LONG-TERM EFFECTS OF HAVING A MISDEMEANOR CHARGE ON YOUR RECORD

Perhaps you believe misdemeanor crimes aren't that harmful to a person's reputation and livelihood. After all, misdemeanors are relatively minor crimes which aren't as serious as felonies or federal crimes such as murder.

UNDERSTANDING YOUR FOURTH AMENDMENT RIGHTS

Certain rights to privacy were granted when the Fourth Amendment was added to the Constitution in 1791, which makes them over 225 years old.

REASONS WHY CRIMINAL CHARGES ARE DROPPED OR DISMISSED

First, you should know that not all criminal charges go to trial. Indeed, many charges are dropped prior to trial during negotiations between prosecutors and defense lawyers. But it is only the prosecutor who can drop such charges.

INTERROGATED BY A POLICE OFFICER? WHAT YOU SHOULD KNOW

By law, police can stop you to ask questions if they have a legitimate reason to believe that you were involved in a crime. At that point, police have a legal right to ask you many things which could establish your connection to a crime.

UNDERSTAND YOUR SIXTH AMENDMENT RIGHT TO LEGAL COUNSEL

Do you face a criminal charge but lack money to hire a lawyer? If so, you should understand your Sixth Amendment right to legal counsel.

CAN POLICE SEARCH MY CAR WITHOUT A WARRANT?

As an American, you have constitutional rights protecting your privacy. Under the Fourth Amendment, police cannot search your car without a warrant, permission from you or a valid reason.

DO I NEED A CRIMINAL DEFENSE LAWYER IF I'M INNOCENT?

If you've been arrested and charged with a crime you didn't commit, you may be wondering, “Do I need a criminal defense lawyer if I'm innocent?”

SHOULD I TALK TO POLICE WITHOUT A LAWYER PRESENT?

Houston criminal defense attorney Neal Davis wants you to know your rights.

INTERACTING WITH TEXAS POLICE WHILE PROTECTING YOUR RIGHTS

If you must interact with police, do so respectfully without compromising your constitutional rights.

THE CRIMINAL DEFENSE GUIDE TO BAIL & BONDS

Persons charged with a crime must know if they are eligible for bond and, if so, how much is bond? Houston criminal defense lawyer Neal Davis helps answer these questions.

TEXAS CRIMES AND PUNISHMENTS

How does Texas classify crimes? What are the sentencing guidelines for felonies vs. misdemeanors?

SALINAS VS. TEXAS: THE REALITY OF THE 5th AMENDMENT

The Salinas vs. Texas case may not have been high profile, but it highlighted some growing problems with self-incrimination.

WHAT ARE BOND CONDITIONS?

If you or a loved one faces criminal charges for which bond has been set, you also may face certain bond conditions. You may not understand what bond conditions are, but veteran Houston criminal defense attorney Neal Davis can help.

THE SUPREME COURT AND MIRANDA RIGHTS

Miranda v. Arizona is a 1966 United States Supreme Court case that required law enforcement to inform a suspect of their rights prior to an interrogation. If a suspect makes incriminating statements in response to interrogation while they are in custody, and they were not informed of their rights, those statements will not be admissible in court.

EXPLORING ATTORNEY-CLIENT CONFIDENTIALITY

Attorney-client confidentiality is an important part of our legal system that protects both attorney and client rights.

 

 

FRAUD/THEFT

WHAT ARE SOME TYPES OF FRAUD IN TEXAS?

If you face a possible charge of theft or fraud, you should know what are some types of fraud in Texas.

WHAT IS THE PUNISHMENT FOR SHOPLIFTING IN TEXAS?

Understanding Texas penalties for shoplifting charges - misdemeanors and felonies.

TEXAS FELONY EMBEZZLEMENT: LAWS, PUNISHMENTS & SENTENCING

Is embezzlement a felony or misdemeanor crime in Texas? Learn about the laws, punishment and sentencing with embezzlement theft crimes.

 

 

DRUG & INTOXICATION OFFENSES

Texas Marijuana Laws: Charges, Penalties & Defense Strategies

Texas has specific laws regarding the possession and distribution of marijuana. Learn about the consequences and details of these laws.

Texas Opioid & Fentanyl Laws

Fentanyl, which is 100 times more potent than morphine, is combined with other illicit drugs like cocaine or heroin. Penalties for possession, trafficking & distribution of opioids.

Texas Heroin Laws: Everything You Need to Know If You’ve Been Arrested

Learn about Texas heroin charges and the penalties receive, along with the defense strategies which can be used against such crimes.

What are Texas’ Cocaine Laws?

Learn about the charges, penalties and possible defense strategies if you’re charged with having or selling cocaine in Texas.

What to Do After a DWI Charge

If you’ve been arrested and charged with driving while intoxicated (DWI), first you should contact an experienced DWI defense attorney. Here are 6 tips to follow next...

WHAT ARE CONTROLLED SUBSTANCES UNDER TEXAS LAW?

You often hear the term “controlled substances” used when referring to illegal drugs. But what, exactly, are controlled substances under Texas law?

TEXAS LAWS & PUNISHMENTS FOR DRUG POSSESSION & TRAFFICKING

Is possession or distribution of a controlled substance a felony? In Texas, punishments for possession or trafficking in drugs can be quite severe.

TEXAS METH LAW: CHARGES, PENALTIES & DEFENSE LAWYER STRATEGIES

Do you face a Texas charge of possession or distribution of methamphetamines? It's urgent you contact Houston meth defense attorney Neal Davis.

FACING DEPORTATION FROM A DRUG POSSESSION CHARGE

Can legal immigrants be deported for possession of a controlled substance? A landmark Supreme Court case may give defendants a fighting chance...

 

 

WHITE COLLAR CRIMES

WHAT ARE THE TYPES OF WHITE COLLAR CRIMES?

So-called “white collar” crimes are typically criminal acts committed by workers in an office or other professional environment in business or government which are non-violent in nature but nonetheless are crimes with clear victims.

 

 

FEDERAL CRIMES

HOW ARE FEDERAL CRIMES CLASSIFIED?

If you face a criminal charge, that may be a charge on the state level, the federal level or both, since you can be charged for the same offense on state and federal levels.

TYPES OF FEDERAL CRIMES

Federal crimes are crimes which fall under the jurisdiction of the federal government and are illegal by federal law. Many such offenses are listed in Title 18 of the United States Code, the criminal and penal code of the federal government.

FEDERAL CRIMES: FEDERAL VS. STATE OFFENSES

In the United States, some crimes are federal crimes, while others are state crimes. It's important to know the difference between federal versus state offenses.

 

 

LEGISLATIVE UPDATES

NEW TEXAS CRIMINAL LAWS EFFECTIVE SEPTEMBER 1, 2017

Disclosing criminal records, prohibition against texting and driving, and amnesty for sexual assault witnesses are among new Texas laws.

NEW CRIMINAL LAWS EFFECTIVE SEPTEMBER 1, 2015

Every two years, the Texas Legislature meets in Austin and passes new laws. Some of these profoundly affect the Texas criminal justice system. It is crucial that criminal defense lawyers and defendants understand the changes so they can make informed decisions in their cases.

TEXAS' NEW NONDISCLOSURE STATUTE

When a case has resulted in a deferred adjudication or probation, it may qualify for nondisclosure. An order of nondisclosure is issued by a court and prohibits criminal justice agencies from disclosing to the public any criminal history record information related to the offense. Therefore, the records are sealed and the public cannot view them.

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