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Case Results for the Week of March 3, 2014 – Harris County and Fort Bend County

Department of Public Safety v. RR – License Suspension Hearing – DENIED – The trooper testified that he read the statutory warning to our client prior to requesting a breath sample which is required by law.  However, after he testified, the video of the stop was played for the judge and the video proved that he did not read the entire warning and never asked the client to submit a breath sample before the officer got a warrant to take his blood.

State v. JR – Resisting Arrest – DISMISSED – Police stopped client in the HOV lane for passing someone in the dead zone.  The officer searched the client after he refused consent because he had a bulge in his pocket. Client stated he was unemployed earlier and when questioned about the bulge, he answered to the officer that it was money. The officer reasoned that if the client was unemployed, then it couldn’t be cash. The officer claimed “based on his training and experience” he thought it was a gun wrapped in a paper towel.  The officer arrested him for resisting arrest when he place his hand on the officers’ arm when the officer reached into the clients pocket after refusing to consent to the search.

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Case Results for the Week of February 24, 2014 – Harris County and Montgomery County

State v. CW – Felon in Possession of a Firearm – DISMISSED – 25 to Life Habitual – Client was pulled over for allegedly speeding and the officer requested a search of the vehicle.  The client consented to the search and the officer found a gun hidden inside the door on the driver side and found a small amount of marijuana in the vehicle.  The client’s girlfriend hid the gun in the door earlier that day when she was using his car.  We were able to convince the state that the client had no knowledge of the gun being in the vehicle and they agreed to dismiss.

State v. Expunged – Prostitution – NOT GUILTY – Client was accused of agreeing to engage in sexual conduct when propositioned by an undercover officer and his female partner at an adult cabaret. The jury saw through the lies and after a two day jury trial, attorney Jeff Greco was able to secure a not guilty verdict.

State v. DC – Theft by Check – DISMISSED – Client was accused of writing multiple checks on a closed account.

State v. CT – Motion to Adjudicate Guilt – DISMISSED – Client was on probation for felony evading arrest and picked up a new felony offense of assault.  Instead of going to prison, we were able to convince the judge to keep the client on probation on the evading case and receive a new probation on the new felony case

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Case Results for the Week of February 10, 2014 – Harris County

State v. Expunged – Assault on a Family Member – NOT GUILTY – Client was charged with assault after his ex-girlfriend came to his house and refused to leave.  She began destroying property and the client had no choice but to forcibly remove her from his home.  Jeff Greco tried the case to a jury over a two day period and received a verdict of not guilty based on the affirmative defense of defense of property.

State v. DH – Aggravated Assault with a Deadly Weapon – Hung Jury – Client was charged with a hitting his neighbor with a baseball bat after the neighbor ran the client off the road and the client confronted him.  Attorney’s Dustan Neyland and Tami Pierce tried the case to a jury over a week long period.  At the end, the jury was split three ways.  Two believed that the client used the baseball bat as a deadly weapon, nine jurors believed that he committed a misdemeanor assault and did not use or display the baseball bat as a deadly weapon, and one juror believed that he was not guilty of any crime.

State v. GA – Theft by Check – DISMISSED – Client was charged with theft by check for writing a hot check years ago.  There was no intent on the part of the client to prove this was a theft rather than a bad check.

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Case Results for the Week of February 3, 2014 – Harris County

Department of Public Safety v. EW – License Suspension Hearing – DENIED – The state failed to prove that the police had probable cause to stop our client.  Therefore, it did not matter that our client refused a breath test and the request for a six month suspension was denied.

Department of Public Safety v. GT – License Suspension Hearing – DENIED – The officer failed to appear after being subpoenaed. As a result, the state was not allowed to introduce any evidence surrounding the stop or the arrest of the client so the request for a six month suspension was denied.

State v. RP – Felony Evading Arrest – CHARGE REDUCED – 90 days County Jail – This case was an evading arrest in a motor vehicle where the client was facing 2 – 20 years if convicted.  On the eve of trial we were able to work out a deal on a reduced charge where the client would plea guilty and accept 90 days in the county jail as his punishment.

State v. EF – DWI 2nd – DISMISSED – Client was charged with a 2nd DWI after being pulled over for allegedly weaving.  Client performed poorly on the field sobriety tests and blew a .18 on the intoxilyzer.  We set the case for a hearing on a motion to suppress evidence and the state dismissed the case prior to the hearing.

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Case Results for the Week of January 13, 2014 – Harris County

State of Texas v. JS – Driving While Intoxicated – DISMISSED – Client was found passed out behind the wheel with the engine running, but the vehicle was in park, with the driver’s side door open.  One of the material elements of the charge is that the state must prove “operating” beyond a reasonable doubt.  The question that would have been presented to a jury was whether or not the client was operating a motor vehicle.  We convinced that state that this fact pattern would not cause a jury to find, beyond a reasonable doubt, that the client was operating a motor vehicle and as a result, the state dismissed the charges.

State of Texas v. AB – Probation Violation – DISMISSED and REINSTATED – Client was accused of violating his probation by using alcohol and committing a new law violation of criminal mischief.  We were able to convince the judge to reinstate the probation and not require any jail time as a condition of probation.

State of Texas v. JH – Theft $20,000 – $100,000 – 3 years Deferred Adjudication – Client was a charged as a habitual offender facing 25 years to life in prison if convicted.  After thoroughly investigating the case, we were able to show the state that they may have a hard time proving the case beyond a reasonable doubt that the client actually intend to defraud the customers/complainants and as a result, the state reduced the charge to a Theft of $1500 – $20,000 and the court granted a deferred adjudication.  If the client completes the terms of the probation, then he will not be convicted and will never serve a day behind bars.

State of Texas v. LA – Assault – DISMISSED – Client was accused of getting into a fight with a bouncer at a bar.  The client was hit by the bouncer first and was merely defending himself.  This same bouncer pushed a female patron earlier, which stated the verbal argument.  When we pushed to set the case for trial, the state made the right choice to dismiss the case.

State of Texas v. TB – Theft – Felony Charge Reduced to Misdemeanor – Client was facing 2 to 20 years if convicted.  Our investigation revealed some issues with the case.  The State offered the client 45 days in jail on a misdemeanor charge and the client decided to accept the deal rather than risk 2 to 20 years at trial.

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Case Results for the Week of January 6, 2014 – Harris and Chambers County

State of Texas v. MM – Theft – DISMISSED – Client was charged with shop lifting from a local retail store.  The client had no intent to steal and the state could not prove the case beyond a reasonable doubt.

State of Texas v. CC – Credit Card Abuse – DISMISSED – Client was charged with using his company credit card to make fuel purchases for his private vehicle.  The state filed the wrong charge against the client because he was authorized to possess and use the card, just not allowed to make private purchases.  The proper charge in this case would have been a misdemeanor theft.  We agreed to pay back restitution and the case was dismissed.

State of Texas v. SM – Possession of Marijuana – DISMISSED – Client was pulled over for speeding.  He had just picked up his friend from a hotel and was driving his friend to drop him off at his friend’s house.  The friend was high on marijuana and the client was not under the influence of any drugs.  The client consented to a search of the vehicle and approximately 2 ounces of marijuana was found in the trunk of the car inside of a backpack.  After the client was arrested, he admitted the marijuana was his.  However, because the police did not Mirandize the client, the statements would not be admissible in court.  Without the admission, the state would be unable to prove their case beyond a reasonable doubt.

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Dustan Neyland named as Houston Top Lawyer for 2013 by Houstonia Magazine

Attorney Dustan Neyland has been named to the list of “Houston Top Lawyer 2013” by Houstonia Magazine in the area of criminal defense.  This honor is bestowed on the best Houston lawyers in their area of practice.  This award is in addition to the other awards Dustan Neyland has achieved this year, including being named Best Lawyer by Living Magazine for the Kingwood, Humble, and Atascocita area, being nominated as a Top 100 Criminal Trial Lawyer by the National Trial Lawyers, and obtaining a 10 out of 10 rating from AVVO.

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The Law Offices of Dustan Neyland merges with Greco and Associates

Two local, top rated Houston law firms have merged to form Greco ♦ Neyland, P.C. Dustan Neyland and Jeff Greco started their partnership in New York by opening their first office at 11 Broadway in Manhattan.  Within six months their practice grew and the firm expanded to open their second office serving Westchester County.  Their merger of the Texas offices expands the firm which includes five offices in two states and five counties.  The firm now serves clients in both Texas and New York in matters involving State and Federal Criminal Defense, Family Law, and Personal Injury.  If you have the need for legal representation, contact an attorney at one of the offices in your area:

Texas Offices:

Houston Office
901 Post Oak Road, Suite 425
Houston, TX 770
713-917-1100

Kingwood Office
900 Rockmead, Suite 132
Kingwood, TX 77339
281-312-0155

Sugar Land Office
77 Sugar Creek Center Blvd., Suite 230
Sugar Land, TX 77478
281-769-7544

New York Offices:

Manhattan Office
11 Broadway, Suite 615
New York, NY 10004
212-810-1774

Westchester Office
230 East Post Rd.
White Plains, NY 10601
914-509-6083

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Case Results for the Week of December 30, 2013 – Harris County

State of Texas v. CC – Theft – DISMISSED – Client was charged with theft because she was with her friend and was shoplifting.  We were able to work out an informal agreement that resulted in her case being dismissed.

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Case Results for the Week of December 16, 2013 – Harris and Montgomery County

State of Texas v. AB – Assault on a Family Member – DISMISSED – Client was charged with assaulting his wife and contacted our firm prior to being arrested.  The client has lived in the United States for almost 10 years and had three children that are US citizens, but he was not a legal resident.  The client ran a real risk that if had been arrested, he would likely have been placed into immigration detention and would have faced deportation.  We were able to get a bond set and cleared the warrant without the client having to be arrested.  The client’s wife had called the police after she found that he was done with the relationship and was moving out.  She claimed that he grabbed her by the upper arms and pushed her.  The only marks on her body were on her forearms and they were the result of poison ivy.  The lack of evidence resulted in the state having to dismiss the case.

State of Texas v. EM – Sexual Assault of a Child – NO BILLED – Client was accused of sexual assault of his daughter.  We were hired prior to the client being charged while the case was still in the investigation stage.  We were able to complete our own investigation and were allowed to present our side to a grand jury.  The grand jury refused to indict the client and no charges were filed.

State of Texas v. MH – Bond Hearing – Client was arrested for Possession of a Controlled Substance and Tampering with Evidence. The client has an extensive criminal history and has been to prison a few times on enhanced state jail felony charges.  The DA improperly classified the client as a “habitual offender” and requested that the defendant be held without bail.  The appointed lawyer never approached the judge to request a bond and never looked into the prior offenses to realize that the client was not a habitual offender.  One week after I was hired, I was in court and requesting a bond be set.  The client had been in jail almost three months and was out of jail before the holidays.  Also, the “40 year” offer from the state was no longer a possibility considering the case without “habitual offender” status carries a maximum punishment range of 20 years.

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