Posts by Dustan Neyland

Not all accidents that result in deaths result in homicide or manslaughter charges for the at-fault driver. Nevertheless, there are circumstances where a vehicular homicide or vehicular manslaughter charge may be applied. The driver was extraordinarily negligent; for example, were texting while driving or were traveling far above the speed limit. The driver was driving…

Capturing police action on a cell phone or other video recording device is one of the few actions the average civilian can take to stand against police violence and brutality.  But can it get you into hot water? What should you do if an officer orders you to stop recording, or even harasses you, detains…

There are few feelings worse in this life than the feeling of being falsely accused of a crime you didn’t commit. An arrest can wreck your life even before you’re convicted of any crime, and there’s a very real threat that you’ll face a conviction. Innocence alone will not save you. Fortunately, there are some…

Houston ranks 4th in the country for organized retail theft activity since 2021, and organized retail crime has risen 26.5% since the end of the pandemic. Retailers report incidents are getting increasingly violent. The task force mainly consists of retailers like Amazon, eBay, Target, and H-E-B rather than law enforcement organizations. Nevertheless, they intend to…

This month, a new law would ban anyone convicted of an animal cruelty offense from owning new animals for at least five years after their initial offense was enacted. Thus, this is a good time to discuss animal cruelty charges in Houston and how they could affect your life.  Texas Animal Cruelty Laws You’ll find…

Sometimes, the circumstances of a case are unusual. The law makes allowances for those extraordinary circumstances by using “aggravating” and “mitigating” factors. While an aggravating or mitigating factor won’t have much bearing on whether you are convicted of a crime, it can have a massive impact on sentencing. That is the point where courts begin…

There are three ways to increase your chances of a good outcome when facing criminal charges. The first is to invoke and exercise your right to remain silent from the moment the police crash into your life.  The second is hiring a criminal defense lawyer rather than relying on a public defender.  The third is…

Everyone has heard “I plead the Fifth,” and you probably know that the Fifth Amendment protects you against self-incrimination. The specific language says “no person shall be compelled in any criminal case to be a witness against himself.” The right to remain silent and to avoid self-incrimination is also enshrined in the Texas Constitution Bill…

Have you ever considered whether you’d commit a crime if you had a literal gun to your head? These scenarios do happen in real life, and the duress defense exists to cover them.  The duress defense is codified in Texas Law under Texas Penal Code Title 2, Chapter 8.  Specifically: “It is an affirmative defense…

Texas has a tough-on-crime stance. Part of that stance is invoking harsher punishments for repeat felony offenders.  Enter the “Three Strikes Law,” a sentencing law considering prior convictions.  Felony Classes in Texas There are five types of felonies in Texas. State jail felonies, the least severe, are punishable by six months to two years. Third-degree…