Case Victories

Case Dismissed – Resisting Arrest

Criminal defense

June 02, 2017

Case dismissed
Client was charged with resisting arrest. Officer’s bodycam video shows the client clearly resisted arrest. However we showed the officer never had proper reason to contact client in the first place and the client knew that. In fact, that’s one of the main reasons the client resisted the arrest. Police must have valid reason for contact. Though the officer had a stated reason for contact, it simply wasn’t legally sufficient. Many prosecutors recognize when they are handed a deficient case and will offer a fair resolution. Rather than press the matter to trial or a motion to suppress, we agreed to dispose of the case via a conditional dismissal. The client would perform community service by providing a food donation to the North Texas Food Bank. Oddly, because peanut butter is an excellent source of protein and stores well for long periods, the food bank actually prefers peanut butter to canned goods. So a sizeable peanut butter donation was made, proof of the donation provided to the State and the client’s case dismissed. It’s important to note; a prosecutor’s duty is not merely to secure convictions but to seek justice. And one of the duties of all officers of the court is to respect and preserve judicial resources. Dismissing a deficient case isn’t being soft on crime, it’s being responsible in a position of public trust. It accomplishes both of the above objectives by reaching a fair outcome for all while avoiding wasting a court’s time. Our outcome was a win for the hungry people of North Texas, a conservation of resources for local taxpayers, vindication for our client and a solid example of a prosecutor doing the right thing.

 

 

Case Dismissed – Felony Failure to Stop and Render Aid

Criminal defense

March 24, 2017

Case dismissed
Client came to us on a referral from several family members with a Failure to Stop and Render Aid arising from a minor traffic collision. As charged, his offense was a felony. The client was not legally in the U.S. but his four children were all born here. His business was here as well. Many attractive plea deals would expose him to deportation. He had come to our office post indictment so we never had an opportunity to persuade the Grand Jury to No-Bill. There were unique facts making it a difficult case for the prosecution to win. Over many months their offers improved from felony deferred adjudication to a deferred on a misdemeanor reduction. Yet we continued at every setting to seek a better outcome while insisting the case was deserving of a dismissal. The final offer was a plea to reckless driving. After rejection of that offer, the prosecutor finally agreed to dismiss upon completion of some exceedingly minor tasks by our client. No problem. Nearly ten months after his arrest, case dismissed. No felony conviction. No jail. No probation. No trial. Most importantly, the matter cannot be used as the basis for deportation.

 

 

Evidence Suppressed – Manufacturing with Intent to Deliver a Controlled Substance

Criminal defense

Jan 30, 2017

Case dismissed

Client charged with first degree felony Manufacturing with Intent to Deliver a Controlled Substance. It appeared client had been identified by undercover narcotics officers who had directed marked patrol units to stop his vehicle. Officer making the traffic stop conducted a pat down search for weapons (Terry frisk) during which he found a large amount of methamphetamines in client’s pocket with yet more concealed elsewhere in his clothing. Police also found a large amount of marijuana in client’s vehicle and materials for packaging and sale of narcotics. We filed a motion to suppress the evidence based on the arresting officer’s improper search and seizure of the evidence. Despite a showing that client had agreed to allow the officer to search the pocket, we argued consent was in fact cooerced under the circumstances. Judge agreed both that the search was illegal and the consent was invalid. All seized evidence was suppressed as “fruit of the poisonous tree” and the case was dismissed.

 

 

Big relief for our client!

Criminal defense

Dec 07, 2016

Charge reduced, 5 years deferred

Client facing 25 to 99 years for an accusation of aggravated sexual assault of his minor child. It was a complicated situation with some rather unusual circumstances. After nearly two years of working and negotiating we came to an agreement that will allow him to return to being a father to his family. He pled to the lesser charge of injury to a child with no sex offender conditions and will be on deferred adjudication for 5 years. Dallas County takes these cases very seriously so we didn’t get this deal by asking nicely. Above all, Dalas County Prosecutors in the family violence section strive to protect the children. So they don’t just hand out case reductions. We had to persuade them it was in the best interest of the child, the family and the greater community. Thanks to an understanding prosecutor and judge, today a family will be reunited.

 

Prisoner – Special Prosecution

Criminal defense

Dec 06, 2016

Favorable Plea

Client is an inmate in a maximum security correctional facility. He was accused of attacking four correctional officers including the warden of his facility. The warden had blood on his face and clothing and the other three corrections officers had a variety of visible injuries. Court was being held in the county where the correctional facility is located. The prison is the area’s biggest employer. At trial the jury would be packed with people who are employed by or are very close to those employed by TDCJ. Because client is a habitual offender he faced 25 to 99 years if convicted. After much preparation and numerous trips to consult with both my client and the prosecutor, we were able to arrange a plea deal for 6 years with credit for back time for almost 2 of those years. With parole decisions the way they are my client may be out almost as soon as his other sentence ends. But even if he has to serve 4, he’s far better off than the 25 to 99 he’d have to do if we tried the case and lost. Jurors often split the range so he could have seen 40 or 50 years for a conviction. Client was smiling and fist bumping (hands and legs were in chains) when told of the deal.

 

Probation Violation – Burglary of a Habitation

Criminal defense

Sep 30, 2016

Probation continued and discharged

Client was a young man on deferred adjudication (a probation in which the case gets dismissed if the probation is completed successfully). His probation was about to end. The State moved to Proceed to Adjudication (basically to revoke his probation). He had been successful on his probation except for finding new and creative ways to continue using drugs. Prior to our representation the state had already moved to revoke him once and had given him 30 days jail as a condition of continuing him on probation. Normally if a probationer continues to violate the terms of their probation the state wants to either revoke the probation, send them to treatment, or hit them with an even stiffer punishment. Our client had picked up a new drug offense in another county. Rather than allow the state to send him to treatment which would have kept him in custody well after the original end date of his probation, we were able to get him the exact same short jail term as a condition of continuing him so that his probation would end in the following month without being extended. And he would not have a felony conviction. Client was extremely happy.

 

Aggravated Assault With Deadly Weapon Serious Bodily Injury and Aggravated Assault Deadly Weapon

Criminal defense

Sep 29, 2016

Both cases dismissed

Client was arrested for attacking and cutting her husband multiple times with a knife. We bonded her from jail and immediately began working her cases. Early on we were able to have the serious bodily injury charge dropped. We also contested a Protective Order that was pursued on behalf of the husband and were able to reach the very unusual agreement to have the temporary orders extended. This helped the client maintain her parental and custodial rights in her family law matter. For the remaining charge, we worked for over a year, making our way through 3 different Family Violence prosecutors along the way. The old prosecutor would get transferred and a new one would take over the case. We had to start fresh with each new prosecutor. Because of the complicated and unusual circumstances leading to the husband’s injuries we were able to negotiate the dismissal of both cases contingent upon my client completing a Batterer’s Intervention Program (BIPP). Our client successfully completed the course her remaining Aggravated Assault Deadly Weapon charge was dropped.

 

Abandon Child – Three counts

Criminal defense

Sep 28, 2016

No Billed by the Grand Jury

Client had been arrested for leaving her three young children in her running vehicle late at night while she bought groceries. She was charged with three felonies, one for each child, and was also the focus of a Child Protective Services investigation. We helped bond her from jail and spent many hours preparing a carefully worded letter (called a packet) to persuade the Grand Jury to No-Bill the three cases (not to prosecute). We presented the packet soon after the client’s release but then had to wait many months for the Grand Jury to hear the cases and make their decision. Upon hearing the cases and considering our packet, the grand jury No-Billed all three cases.

 

Manufacturing and Delivery of a Controlled Substance

Criminal defense

Sep 27, 2016

Deferred adjudication and Continued on Probation

Client was arrested after a traffic stop revealed he was carrying a massive amount of illegal drugs in his vehicle. The veteran prosecutor who was handling the case observed that it was the most drugs he had ever seen on one person. Further, only two days before his arrest the client had begun a probation on an assault charge from the same felony court. One of his new charges was a state jail felony but the two others were each first degree felonies with a range of punishment of up to 99 years in prison. The client’s bonds were set at $100,000.00 on each of his three cases. The family was unable to make the high bonds. We moved quickly to have each of his bonds reduced to a maximum of $5000.00 the very next day. The State then filed a motion to revoke his probation and issued a warrant. We had the probation he had barely begun changed from a felony to a misdemeanor to reflect the intent of the original plea and asked the judge to agree to a misdemeanor level bond. We then bonded our client on the new warrant and began to work his cases. After many months we were able to get the state to agree to continue our client on probation and offer an 8 year deferred adjudication on the two first degree charges and a 5 year deferred on the State Jail Felony. If the client complies with all terms of his probation we can petition the court for early discharge after a couple of years and the case will be dismissed.

 

Theft $1,500 – $20,000

Criminal defense

Feb 11, 2016

No Billed by the Grand Jury

Our client was charged with stealing around $15,000 of construction materials. The case had been dormant for three years before being revived by our client’s arrest on an outstanding warrant. After speaking to the detective and other investigation, we presented a packet to the Grand Jury. They agreed that the case should not go forward and our client’s case was No-Billed.

 

No Billed by Grand Jury – 2 counts of Aggravated Assault Deadly Weapon

Criminal defense

Sep 18, 2015

Cases dismissed

Our firm was hired by an attorney in another state to represent a family member charged with assaulting two individuals with a knife, holding one at knife point. We received the call just after the client’s arrest. Our client was being held with no bond. We immediately went to a magistrate to have bonds set and had the client released within hours. Following an investigation of the scene and conversations with witnesses, we developed a plan for the case. After many months, the case went before the Grand Jury. In addition to other arguments, we urged that the nature of conduct and circumstances did not merit felony punishment. We presented a packet to the Grand Jury asking for a “No-Bill.” Not only did they No-Bill the cases, they declined to request the cases be refiled as lesser included misdemeanors.

 

DWI – Trial by Jury to avoid probation

DUI and DWI

Aug 05, 2015

$500 fine only

Our client came to us on a referral shortly after we advised his family on releasing him from jail on a DWI. We had some tough driving facts and poor performance on roadside tests on video. Despite the bad video and facts, we took it to jury trial to try to avoid a long, stressful and expensive probation. Prior to trial we moved to have the jury assess punishment. We didn’t apply for probation. We successfully argued to have the open container language removed from the jury charge along with its 6 day mandatory minimum sentence. The jury came back with a guilty verdict and after a brief punishment phase sentenced our client. End result? No, probation, no jail and a $500 fine. Sometimes, even on a tough case, we can get a much better result by going to trial.

 

Protective Order

Criminal defense

Jul 30, 2015

No Protective Order Granted – Extend TRO only

We had a hearing for a protective order against our client in Dallas County. Our client had a very good reason for her conduct and a claim of self defense as well. The circumstances were unusual, to say the least. Judges typically grant protective orders in the vast majority of cases. After testimony and cross examination of witnesses, we achieved the very rare result of no protective order granted. Instead, we made an agreement to extend the temporary orders. This made a big difference to my client as it avoided negative consequences for her in her family law case.

 

Bond Hearing

Criminal defense

Jun 25, 2015

PR Bonds granted – First Degree Felony dismissed

Bond hearing on a $50,000 and a $25,000 bond on a first degree felony and a second degree felony. Judge gave us PR bonds on both cases and the first degree felony was later dismissed. It’s hard to afford a proper criminal defense lawyer when you’re locked up. Client is out of jail and back to work.

 

Criminal Mischief

Criminal defense

May 18, 2015

Dismissed

Criminal Mischief case dismissed in Tarrant County. Client had admitted to police that she had taken a baseball bat to her boyfriend’s car windshield. Whether or not he deserved it was never decided. But we got the case dismissed. On the downside, my parking tab at the courthouse was $15 for 35 minutes.

 

Assault Family Violence

Criminal defense

Apr 13, 2015

Dismissal

Our client was accused of hitting another person on the head with a hammer. The client was a nurse and the case would have caused severe consequences to her professional prospects. We were able to get the case dismissed for a variety of good reasons.

 

Occupational Drivers License

Criminal defense

Jan 30, 2015

Granted

Very difficult occupational driver’s license granted in the Dallas County Criminal Courts. Client had never had a Texas Driver License and had racked up two pages of surcharges, violations and suspensions. Filing an ODL when the client has never had a DL is not easy because almost nobody at the courthouse knows how to do it and nobody wants to let it be done. But there is a way to do it and today we did.

 

Interference with Emergency Telephone Call

Criminal defense

Jan 22, 2015

Pled down to Class C, Time Served all fines and court costs

Interference with Emergency Telephone call case. Client had ripped the phone cord out of the wall as his wife tried to call police. The case was reduced to a Class C misdemeanor with time served credit for all fines and court costs.

 

Burglary of a Habitation

Criminal defense

Jan 09, 2015

Deferred Adjudication

We helped a client avoid a felony conviction by getting him deferred on a Burglary of a Habitation case. The state had incriminating video and a signed confession. We asked the judge to lower the fine and court costs based on him being a first time offender and having steady employment. We ended up with time served on a $2500 fine plus court costs and a 33% reduction in the monthly probation fee. His savings easily paid for his attorney fees. If he’s successful on his probation the judge will can let him off early so he can put this behind him. (If he’s not successful, the judge can hit him with a felony conviction and prison time).

 

Employee Theft and Evading Arrest

Criminal defense

Jan 01, 2015

Dismissals

Our client was arrested outside the premises of his employer after a brief chase. They had video of the actions leading up to the theft and had recovered the stolen materials at the scene. They obtained a confession as well. Client faced serious immigration consequences if he took a plea bargain on these cases. Dismissals or not guiltys were the only outcomes that would suffice. After careful work on his matter we obtained dismissals on both cases.

 

DWI .22 Blood Test

DUI and DWI

Not Guilty

A 56 year old commercial truck driver came to us after being arrested for DWI. He told us he had to try to beat his case because his career depended on it. On the night he was stopped he had an open container (ice cold six pack with one open), admitted drinking, his blood tested at a .22 and he admitted taking multiple prescription meds, some which cautioned against operating heavy machinery or driving. He had four handguns in the cab of his truck and a loaded .32 semiautomatic in his back pocket as well as a disassembled rifle in a duffel bag. He also had hundreds of rounds of ammo (with hollow points and tracer rounds) in his vehicle. He was stopped in a high crime (prostitution) area late at night with a hundred dollar bill hanging out of his shirt pocket. Cross examination of the officer revealed problems with the stop and arrest. Our expert’s testimony both explained the science of the blood test and demonstrated flaws in the state lab’s procedures. Further doubt was cast by flaws in the state’s paperwork and the fact that my client’s performance on the video did not seem consistent with such a high blood alcohol content. Jury trial. Not guilty. Our client was able to get another job as a commercial truck driver and go back to his normal life.

 

Assault on a Public Servant

Criminal defense

No Billed by the Grand Jury

Our client came to us very upset over what he felt was unfair treatment at the hands of local police. Client was approached by three officers while he was creating a disturbance in his mother’s backyard. One of the officers expanded his collapsible baton upon approaching. Upon seeing this, our client feared the officers were going to beat him before arresting him. He wasn’t looking forward to being beaten. Client was not a particularly large man but strong and sturdy (like Popeye). Officers approached and tried to put him in handcuffs but client would not put his hands behind his back. Officers called for backup. Three of them dragged him still standing through the entire house and onto the front porch. Two officers received injuries and it took ten officers to finally get him subdued and into handcuffs. They arrested him and charged him with two counts of Aggravated Assault on Public Servant. After presenting a packet to the Grand Jurors comparing the officers’ injuries to those they might receive moving a large refrigerator through the house, we asked them to No Bill him or charge him instead with resisting arrest. The Grand Jury No Billed my client and all charges were dropped. No other charges were ever filed.

 

DWI 3rd

DUI and DWI

Successful plea negotiation

Our client was already in jail accruing back time on a prior case and had a Texas Department of Corrections (TDC) hold as well. Her new DWI 3rd case was unresolved. Our client did not want to dispute the new case, just wanted to minimize the amount of time it would cost her in jail and prison. We arranged for the minimum possible sentence for a third degree felony allowing client to serve the sentence concurrently with her other case. We also got our client credit for all backtime to greatly reduce the amount of time in custody and speed up her parole eligibility. Additionally, we asked the judge to run court costs and fines concurrently so client will not owe money when she’s released from TDC. Everything the client wanted and more was achieved. Winning for the client is not always about winning at trial.

 

DWI – Accident

Criminal defense

Not Guilty – Jury Trial

Client was a hard working man with a nice peaceful life. On the road one day he collided with a vehicle that turned in front of him, totalling his beloved sports car. He believed the other driver was at fault. However, when police arrived they believed he was at fault (perhaps because of the sports car) and immediately began investigating our client for DWI. After informing officers of his bad leg and other health problems, he attempted the roadside sobriety tests. When it became clear the officer believed he had failed the roadside tests our client decided to refuse the requested breath test. We tried the case to a jury and they returned a verdict of not guilty.

 

Felony Probation Discharged – Case Dismissed

Criminal defense

Discharged and dismissed

Client had been scared and on the run from a felony probation for 8 years. She knew she had unfinished business with the court but carried on with her life hoping she could build a family and a future anyway. During those 8 years she had put her old ways behind her, had become a mother and begun a career as a teacher. Eventually she was arrested as a passenger in a traffic stop and brought before the court. We showed that despite there being an active warrant for her arrest for 8 years, the sheriff’s department did not do enough to try to get her into custody. The judge agreed, recalled the warrant and set the case for hearing. Upon hearing we presented witnesses of her character, life changes and testimony that she had been in Dallas the whole time. The judge discharged the case through non-adjudication of her deferred. Case dismissed.

 

DWI

DUI and DWI

Not Guilty – Directed Verdict

Our client was a business traveler who was surprised to be stopped by security while trying to catch a flight. He had inadvertently left his personal defense firearm in a carry on bag. Client was arrested on DFW International Airport property just inside the Tarrant County line. The case was filed in Dallas County as allowed by law. We had a short bench trial that ended abruptly after state’s close of evidence. We requested a directed verdict demonstrating that despite the case being properly filed, the prosecutor failed to present proper evidence regarding jurisdiction. The judge granted our motion and found the client not guilty. Memorably, after trial the judge asked the prosecutor, “You see how he tricked you?” But it wasn’t really a trick, just a tricky case for the prosecutor to prove. We got the firearm returned and the case expunged. Client continued to travel for business but was more careful about his bags’ contents.

 

Assault Family Violence – Felony

Domestic violence

No-Billed and Expunged

Our client was a hard working father and husband who was awakened twice in one night, once by his wife and again by the police. He came to us after being charged with Felony Assault – Family Violence. His wife had come home extremely drunk late at night while he was sleeping. He had to get up early for work the next day. She came into the house yelling and looking for an argument. My client was 6 foot 4 and 200+ pounds and his wife was small. Rather than argue with or assault her, he picked her up as she continued to scream, kick, and scratch and placed her outside the house on the front porch. He kept her keys and locked her outside hoping she would sober up so he could go back to sleep. Needless to say, she called the police and showed them the marks and bruises from struggling against his removal. She neglected to tell police how she’d really gotten the marks. Our client called us from jail. When the case came before a Grand Jury, we presented a packet explaining the incident, injures and the surrounding circumstances. Our client was No-Billed by the Grand Jury and we later had the case expunged.

 

Gun in bag at Airport security

Criminal defense

No Billed by the Grand Jury

Client was a business traveler who accidentally left his revolver inside his duffel bag when he went through airport security. TSA found it quite easily and arrested him for “Places Where Weapons Prohibited,” a third degree felony. Yes, I know it sounds odd, but that is the actual name of the charge. We prepared a packet for the Grand Jury explaining the circumstances, promising it would never happen again, etc. Our focus was to demonstrate the ‘non-criminal’ nature of the incident by showing that it was an innocent mistake, that he was simply guilty of forgetting the weapon was there and failing to remove it. Though there was more to the packet than just explaining the situation, suffice it to say that the result was a No-Bill from the Grand Jury.

 

Speeding with Commercial Driver License (CDL)

Traffic Tickets

Not Guilty

A commercial driver was cited for speeding on his way to work. His job was on the line as commercial drivers can’t take deferred adjudication to keep traffic tickets off their driving records. The only way to avoid conviction is to win at trial. We ordered up a jury and had a trial on the matter and were ready to follow the prosecution’s case with evidence of our own but never got the opportunity. We made a motion for directed verdict when the state failed to offer evidence on one of the elements of the offense.  The judge granted our motion and entered a verdict of not guilty and released the jury. Our client kept his CDL and his job.

 

Stop Sign

Traffic Tickets

Not Guilty

A professional gambler came to us with a ticket he had received for running a stop sign. He calculated the precise odds of paying the ticket versus paying us our fee and “rolling the dice” at trial. He decided to pay us to take the case to trial. His gamble paid off. We won the case not because the officer wrote the ticket for the wrong location, but because the jury felt our client wouldn’t have bothered to have a trial if he was guilty. So, we only needed to win once but we could have won this one twice.