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 an appointment. 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)
View statistics on wrongful convictions in the United States. Exonerations rise nationally as falsely convicted Americans get justice.
U.S. Human Trafficking Statistics & Laws by State
Human trafficking is a crime in every state. This comprehensive report examines hard facts and data surrounding human trafficking and exploitation.
Wrongful Convictions:
An American Epidemic
Wrongful convictions and exonerations are rising across the U.S. Find out what’s causing this disturbing trend and what can be done to stop it.
Recidivism, Reentry and Criminal Justice Reform in Texas
Learn why people become repeat offenders and what can be done to help them successfully reintegrate after their release.
Age Verification Law Debate: Protection versus Privacy
Learn about the legal battles over age verification laws and the controversy over whether these measures actually protect teens or simply infringe on constitutional rights.
Criminal Defense Law
Legal Standards of Proof for Court Cases in Texas
Learn the different types of burden of proof required for different types of cases (probable causes vs. beyond a reasonable doubt), and what criminal cases in Texas follow.
8 Biggest Mistakes to Avoid in Your Texas Criminal Case
Don’t make these common mistakes if you’re charged with a crime in Houston, Texas… Your actions and words have a strong influence on the final outcome of your case.
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What to Look For in a Texas Criminal Defense Lawyer
Searching for the best defense attorney in Houston? Here’s how to get started… advice on how to choose the most effective criminal defense lawyer for your case.
Types of Warrants and Procedures in Houston, Texas
If you live in Texas, then you should be aware of what types of warrants and procedures there are in the criminal justice system.
10 Biggest Mistakes to Avoid in Your Texas Criminal Case
Do you face a criminal charge in Houston, Harris County, Fort Bend County or Montgomery County? Avoid making these most common mistakes in your Texas criminal case.
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 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.
Burglary of a habitation is a felony offense with serious consequences
Burglary of a habitation is a serious felony offense that carries significant legal penalties. It involves unlawfully entering a dwelling place, such as a home or apartment, with the intent to commit a crime.
Exploring Attorney-client Confidentiality
Attorney-client confidentiality is an important part of our legal system that protects both attorney and client rights.
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.
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.
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.
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.
The Federal Criminal Offense Timeline
If you are the subject of an investigation, have been charged with an offense or are a witness, it may help to know a bit about the timeline that cases commonly follow.
What is a Blue Warrant in the State of Texas?
A blue warrant is a warrant issued by the state of Texas when the state files a motion to revoke a person’s parole.
Evading Arrest: Is Running From the Police a Crime?
In Texas, evading arrest is a crime. Our criminal defense firm defends clients facing charges for running from the police, building strong defenses under Texas law.
Sex Crimes
Sex sting operations are not just about proper enforcement of laws. Federal grant money is also on the line for police departments.
Texas DNA Evidence & Collection Laws in Sex Assault Cases
Do Texans have a right to reject DNA samples in a sex crime case? DNA samples are often a key piece of evidence used in sex assault investigations…
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What is the Burden of Proof for Texas Sex Crimes?
The standard of proof for a sex crime in Texas is what is known as “beyond a reasonable doubt”…
What to Expect During a Title IX Investigation in Texas
A step-by-step overview/timeline of how Title IX investigations happen on college campuses. This process can be confusing and vary from school to school.
What Are Public Lewdness (Indecent Exposure) Charges in Texas?
What is “public lewdness”? What are the penalties/punishments for breaking this law? Learn possible defenses and when to contact a defense attorney.
How to Beat a Prostitution Charge in Texas
When battling a prostitution charge, your legal team will look at the following areas to see if your case can be dismissed.
What is Compelling Prostitution in Texas?
What does “compelling prostitution” mean? And what are the penalties and punishments for compelling prostitution in Texas?
What are the Different Risk Levels of Sex Offenders in Texas?
Texas law sets different risk levels for sex offenders for identifying purposes after their release from prison. What are these different levels, and what do they mean?
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.
Arrested and Accused of Rape, Sexual Assault in Texas?
Here’s what you need to know if you or a member of your family has been arrested and accused of rape or sexual assault.
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.
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.
Can Men Fight Back When Falsely Accused of Sexual Assault?
Learn how men can defend against false sexual assault accusations in both criminal and civil courts.
Child Pornography & Computer Crimes
Texas Stalking & Cyberstalking Laws, Penalties & Defenses
Under Texas stalking laws, it is illegal for a person to engage in a pattern of behavior which they know or reasonably should know would cause another person to feel threatened or fearful.
A Texas Citizen’s Guide to Internet Child Sex Crimes
Even casual viewing online can bring computer sex crime charges in Houston, TX. Sex crime defense lawyers at Neal Davis Law have put together this Internet sex crimes overview.
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What are Texas’ Laws on Improper Photography and Invasive Visual Recording?
Learn about improper photography and visual recording laws in Texas, including the penalties and possible defenses.
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?
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.
Title IX and the Rights of the Accused
Drug & Intoxication Offenses
Blood Alcohol Concentration (BAC) Laws in Texas
By Texas law, being intoxicated legally means having an alcohol concentration in the blood of 0.08 percent or more. This standard is also the law in most states throughout the nation.
Different Classifications of Punishments for Texas DWI Cases
Texas laws on driving while intoxicated (DWI) hold that punishments can vary depending on a person’s age, license type, prior record and other contributing factors.
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How Much Does a DWI Arrest Cost in Texas?
Understand the short-term and long-term financial costs of a DWI arrest in Houston, Texas.
Common Reasons Why a DWI Breath Test Can Be Wrong
Can a breathalyzer be incorrect? Yes. Breathalyzers don’t actually measure the alcohol in a driver’s blood, but rather the alcohol in the air emitted by the person’s breath.
Intoxication Vehicular Manslaughter Laws & Penalties in Texas
What is intoxication vehicular manslaughter and what happens when you’re charged with it in Texas?
Penalty Groups for Drug Charges in Texas
Texas categorizes its drug charges and has corresponding punishments for each penalty group. Learn more about how the system works.
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.
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.
Learn about the charges, penalties and possible defense strategies if you’re charged with having or selling cocaine in Texas.
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…
Can I Get a DWI in Texas for Prescription Drugs?
While DWI typically refers to driving offenses involving alcohol, a DWI arrest or charge also can stem from a driver being impaired due to taking prescription medications.
White Collar Crimes
White Collar Crime Punishments & Defenses in Texas
What are the penalties and punishments for a white collar crime in Texas such as forgery, bribery, embezzlement, money laundering or fraud?
Sentencing and Penalty Guidelines for White Collar Crimes
What punishments do white-collar defendants in Texas face if convicted of a non-violent offense like fraud or racketeering?
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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.
Assault & Violent Crimes
What Are Domestic Violence Protective Orders in Texas?
Protective order vs. restraining order in Texas: What is the difference? Learn about Texas’ protective order statute and when to contact a Houston defense attorney.
4 Types of Homicide Charges in Houston, Texas
According to Texas law, there are varying degrees of homicide. Therefore, the charges differ from case to case. Learn more about how Texas classifies these crimes.
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How a Domestic Violence Charge Impacts Child Custody Cases in Texas
Is domestic violence a factor in child custody disputes? In Texas, yes. Courts are prohibited from granting joint conservatorship if there has been domestic violence charge.
Why Do People Falsely Report Domestic Violence?
False allegations of domestic assault and family violence aren’t common, but they do happen. What are these reasons? Why do people falsely report cases of domestic violence?
Understanding Juvenile Violent Crimes in Texas
How do charges involving teen violence differ from adult criminal charges in Houston, TX? Learn about juvenile arrests, detention, charges, penalties and Texas Law.
What Are the Long-Term Effects of a Domestic Violence Charge in Texas?
Were you or a loved one charged with domestic assault in Texas? Here’s what you need to know about the long term consequences of a conviction.
What Are Continuous Family Violence Laws in Texas?
Definition, penalties and possible defenses for continuous family violence charges in Texas.
Types of Domestic Violence in Texas
Various types of domestic violence yield various kinds of punishments. Learn how Texas views each crime and punishes offenders accordingly.
How Texas Crime of Passion Laws Can Affect a Murder Case
Learn about how crimes involving “sudden passion” are handled in Texas… when a crime was committed in the heat of the moment, and didn’t plan to commit the crime.
How to Beat an Assault Charge in Texas
Have you or a loved one been charged with assault in Texas? An assault in Texas doesn’t necessarily mean there was physical contact.
When is Self Defense Justified in Texas?
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.
Federal Crimes
Common Questions & Answers About Federal Crimes for Texas Residents
Are you a resident of Texas? Take a look at these FAQs about federal crimes for your state.
The Federal Criminal Offense Timeline
If you are the subject of an investigation, have been charged with an offense or are a witness, it may help to know a bit about the timeline that cases commonly follow.
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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.
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.
Fraud / Theft
Paycheck Protection Program (PPP) Fraud & White Collar Defense
What are the charges and penalties for Paycheck Protection Program (PPP) loan fraud and misuse? Learn when and how to engage a PPP fraud defense lawyer.
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.
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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.
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.
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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.
