Dustan Orlando Neyland’s Answers

Dustan Orlando Neyland

Kingwood Criminal Defense Attorney.

Contributor Level 11
  1. I fell asleep driving and wrecked my car. They took me to the hospital and I was admitted for 3 days . Wanting to give a DUI.

    Answered 11 months ago.

    1. Gene Raymond Beaty
    2. Todd Gregory Lehn
    3. Dustan Orlando Neyland
    4. Spencer James Cahoon
    5. Jonathan Phillips
    6. ···
    6 lawyer answers

    The prosecution will try to argue that one of your medications or a combination of the medications caused you to be intoxicated. When I fight these cases, I obtain the lab reports and the chromatograms to determine if the test was done correctly. I also obtain the maintenance records of the gas chromatograph. The blood will be analyzed using gas chromatography / mass spectrometry to determine the levels of any substance in your blood. The best defense to a DWI that involves drugs only is to...

    15 lawyers agreed with this answer

  2. I have served 3 of 5 years of a felony dwi probation sentence in Poughkeepsie NY. Can I transfer to another state? (Maui)

    Answered 12 months ago.

    1. Howard A. Schwartz
    2. Dustan Orlando Neyland
    3. Thomas J. Melanson
    4. Eric Edward Rothstein
    5. Marco Caviglia
    5 lawyer answers

    Transfer of probation are governed by the interstate compact. There are two types of transfer, discretionary and mandatory. It appear that you may qualify for a discretionary transfer for employment. However, the receiving state may reject your request even if you are approved by the state of New York.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Federal and State charges

    Answered about 1 year ago.

    1. Dustan Orlando Neyland
    2. Eric Edward Rothstein
    3. Stephen F Wallace
    4. Raymond George Wigell
    4 lawyer answers

    You need to hire a lawyer to help you with your state case. The detainer will stay on until the NY state case is resolved. Once you finish your federal sentence, you will likely be transported to jail to face the state charges. A lawyer will need to file a notice of incarceration with the state under the Interstate Detainers Act. The Notice directs the state to extradite you from Federal to State custody to dispose of the charges. If the state does not extradite you back, then your...

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  4. I was charged with theft and I had deferred probation to get it off of my record. It is completed and should be off of my record

    Answered about 2 months ago.

    1. Dustan Orlando Neyland
    2. Edward Scott Cawlfield
    3. Tristan Nicolas Legrande
    3 lawyer answers

    You must file a petition for non-disclosure to seal your record from public view. You could do this yourself, but it's highly recommended you hire an attorney. There are many judges who will not grant it if the DA is opposed. A lawyer will be able to argue on your behalf and will have a better chance of getting the petition granted.

    8 lawyers agreed with this answer

  5. Do outta country dwi conviction have any standing in New York State, was arrested In 2002 but convicted in 2008

    Answered 11 months ago.

    1. Dustan Orlando Neyland
    2. Michael Evan Greenspan
    3. Eric Edward Rothstein
    4. Michael J Palumbo
    4 lawyer answers

    The 1997 DWI will not be considered when deciding if this case will be filed as a felony. A felony DWI can be charged if the state can prove you have a prior DWI conviction within the past 10 years. As far as the 2008 conviction, the state would have to prove that you are the same person that was convicted of the DWI and if the charge was of the same level as a DWI in New York State. Depending on the country and how their records are kept, that may be impossible for the state to prove.

    8 lawyers agreed with this answer

  6. My bro is in jail for his 4th DUI. 15 YR were offered in court. His atty keeps telling him to accept. Should I get a new atty?

    Answered about 1 year ago.

    1. Brian Christopher Tyrone
    2. Dustan Orlando Neyland
    3. Gene Raymond Beaty
    4. Paul Vincent Kendall
    4 lawyer answers

    It is likely that this is a blood draw DWI. There are very few lawyers who have the training and knowledge to properly handle one. Just because a person has a result higher than a .08, does not mean they are guilty. Without having more facts, it would be difficult to say whether a 15 year offer is appropriate. However, if he goes to trial and looses, he would be facing 25 to life as a habitual offender if he has already been to prison twice.

    8 lawyers agreed with this answer

  7. Being offered 40 YEARS for 4th DWI as Habitual Offender

    Answered about 1 year ago.

    1. Gene Raymond Beaty
    2. Dustan Orlando Neyland
    3. Deepali Meenu Walters
    4. Christopher Irvin Simser
    5. Aaron Christopher Harper
    5 lawyer answers

    This is typical in Montgomery County. They go after DWI's like it's a murder charge. The DA's office will never offer him treatment because that could only be a condition of probation. Because he is considered a habitual offender, he would not be eligible to get probation. He needs to hire an experienced DWI lawyer that knows how to fight blood cases. There are only a handful of lawyers that have the training and skills to do this. Just because there is blood does not mean he is guilty....

    8 lawyers agreed with this answer

  8. A lawyer is asking me for 25000 to help me with a federal case I think that's to much and how would I know if he can really help

    Answered about 1 year ago.

    1. Dustan Orlando Neyland
    2. Joshua Sachs
    3. Parker Roy MacKay
    4. Joshua Sabert Lowther
    5. Eric Clark Davis
    6. ···
    10 lawyer answers

    The fee depends on the type of case. No lawyer can, nor should, ever promise to win a case. If a lawyer guarantees a win, hire someone else. As far as the fee, 25k is not out of line for a federal prosecution and is actually on the low end depending on the type of case. You need to shop around and talk to a few lawyers. Remember, you get what you pay for and when you are dealing with federal prosecutions, you have to hire someone that knows what they are doing and is willing to put the time...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. How to find cases percentage on a lawyer

    Answered over 2 years ago.

    1. Dustan Orlando Neyland
    2. Scott Douglas Marquardt
    3. Mark C Cogan
    4. Joshua Sachs
    4 lawyer answers

    Any attorney in Harris county can be searched on the Harris County District Clerk website using their bar number. Also, the attorney could print out a list of their last 197 cases on the "JIMS" system. This will show cases that were dismissed, no billed, pled, and when the client was found not guilty at trial. With that in mind, you should NOT chose you lawyer based on how many cases they've gotten dismissed. Every case is different and it depends on the particular facts and evidence for...

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  10. My friend is getting charged with man/del cs pg ll 4-400g... What's does that mean and what type of time is he looking at?

    Answered 6 months ago.

    1. Dustan Orlando Neyland
    2. Stephen Ross Cohen
    3. Mekisha Jane Walker
    3 lawyer answers

    I believe you are asking the wrong question. The question should be, how will he fight the charge. It seems like a very good case to fight and if the facts are as exactly as you say, I believe the state would have a hard time linking your friend to the drugs. Bottom line, get a good lawyer that will fight and not try to plea him out. A 4 to 200 gram possession case is a 2 to 20 year in prison punishment range.

    6 lawyers agreed with this answer

    2 people marked this answer as helpful

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