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Dustan Orlando Neyland
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Dustan Neyland’s Answers

140 total


  • What needs to show in security footage to prove I did anything?

    Ex is accusing me of vandalism and says the neighbor caught everything on video. I've never gotten into any trouble before with the law except a speeding ticket! He said he filed a police report two days ago but no one has called me. What needs ...

    Dustan’s Answer

    First, do not talk to the police if you are contacted. Second, mere presence may not be enough to convict you unless an overt act (seen causing the damage) is seen, but may be considered circumstancial evidence to allow a prosecutor to go forward and attempt to convince a jury of guilt. Bottom line; get a lawyer on retainer to guide you though any potential accusations.

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  • Can I get a possession of a controlled substance (cocaine) 2nd degree felony expunged?

    can I get a possession of a controlled substance expunged if I plead guilty and have already completed Deferred adjudication to the charge?

    Dustan’s Answer

    It cannot be expunged, but it can be sealed. You must wait 5 years from the date the deferred was completed. There are other restrictions, such as you must never have been previously convicted or placed on deferred for a disqualifying offense and you must not be convicted or placed on deferred for a new offense prior to filing the petition for non-disclosure to seal the file.

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  • Sons father has been running from a prob v for about ten years. he was on drugs most of the time and just blew it off. (ohio)

    felony manufactoring of drugs orginal charge from ohio, they agrred to transfer the probation to texas, and when he got back here he halfway did about 4 months then went to drugs again, ten years later arrested and extradited back to ohio... will ...

    Dustan’s Answer

    You will need to get a lawyer in Ohio. His probation was likely transferred to Texas under the interstate compact, however, the original court in Ohio will be handling the case.

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  • What does projected release date mean

    dayton state jail

    Dustan’s Answer

    This is the date the inmate will be released.

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  • I need a good criminal defense attorney for a post conviction relief, but also that's reasonable on price.

    Need to get a post conviction relief for my husband on his cases back in 1998. His attorney didn't fight for him and this was in self defense.

    Dustan’s Answer

    Post conviction writs are quite time consuming and very expensive. If there is a claim of actual innocence, you should first try contacting the innocence project and see if they can refer you to a lawyer that can help you.

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  • I'm almost done with probation.

    My probation ends November 28 I have an in-hom Breathalyzer. I was wondering if exactly the 28 I could stop blowing into the device, or do I have to keep on blowing true out that entire day? Probation for dwi first time offender court #12 Harris ...

    Dustan’s Answer

    I'd suggest to wait until the end of the day to be safe. However, it's doubtful that they would do a download prior to the expiration of your probation.

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  • What is protocol to clear my record from a class c misdemeanor for theft?

    The incident happened 7/2010. I did deferred adjudication, paid all fees, did community service, followed everything exactly as asked and this was my first and only offense. How do i get this off my record permanently so i can apply for a governme...

    Dustan’s Answer

    An expunction would be the proper method to remove a class C deferred. The process takes about 4 months and is filed in a civil district court in the county that the case was originally filed.

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  • I was on probation for 2 years 60 hours of community service got violated for not finishing 2 weeks befor I got off probation.

    And not finishing a anti Theft class if i finish it befor i go to court oct 3 2014 will i be ok.(Theftcase) I had a baby feb 2014 so I wasn't able to get nothing done, an I stayed in jail 4 days an a family member post my bail just wanna kno whats...

    Dustan’s Answer

    You need to contact an attorney in Harris County to discuss the issues. It will depend on the court you are in and how you did on probation overall.

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  • I Was Accused From Shoplifting Me and My Mom At Walmart, Does This Affect Me With My Criminal Records Or My Future?

    Me and my mom were accused shoplift (first time doing) and our merchandise was basically food which was $58 they didnt arrest us but they sure treat us kinda bad the security people, they ask us for ID,Social Number, and Address. I was wondering d...

    Dustan’s Answer

    It's unlikely they will file any criminal charges. However, you may receive a civil demand letter for payment of a civil penalty. They would have to sue you to have this actually affect. People rarely pay it and people are rarely sued. Also, do not go back to the store, they could charge your with criminal trespass.

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  • What should we do?

    My husband just got his 3rd DWI while on parole. He has 9 months left to do on parole, which he will do in the county. Should he wait out the 9 months and then bond out and fight the new DWI case? What is an average charge for a lawyer to take a c...

    Dustan’s Answer

    You need to interview and hire a highly qualified and DWI defense attorney who is knowledgable in blood defense and gas chromatography.

    A 12.44a is not possible. He is looking at at least 2-20 years if he has not been to prison more than the one time you mention. If he has been to prison on at least two occasions, he is looking at 25 to life.

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