Criminal Defense Case Wins

Tampering with Physical Evidence and Possession of a Controlled Substance
Case No Billed by the Grand Jury

Criminal Defense

January 28, 2019

Client was charged with trying to destroy pills found in his possession while being arrested for multiple warrants in two counties. It is claimed he discarded the pills onto the floorboard and ground them into powder under his feet while seated in the rear of the police vehicle. There is disagreement as to whether the drugs were found when he was being cuffed or after the police car arrived at the jail. At any rate, we were able to persuade the Grand Jury that prosecuting would not be appropriate and the Grand Jury returned a verdict of No-Bill on the charge.

Felony Theft

Fugitive From Justice Writ

Writ Granted – Bond Set

Prevented Extradition
Case No Billed by the Grand Jury

Criminal Defense

July 20 – August 1, 2018

In New York attempting to board a plane for international travel, client was arrested on a felony theft warrant out of Dallas County. We worked quickly to keep him from being extradited, saving him weeks in custody. (He would have gotten a long trip to Texas in handcuffs and leg irons). We told him not to sign a waiver of extradition and immediately filed a Fugitive From Justice Writ (FFJ Writ) to have bond set locally. Bond was set here and posted in New York and client was released. The Dallas County Grand Jury was set to hear his case immediately. We submitted a Grand Jury packet (documents to persuade a Grand Jury not to indict) and the Grand Jury returned a No-Bill on his case. Our client will never have to go to court to face prosecutors or a judge. He is free, to travel, free from having to worry about the charge and will also be able to recover his bond money from New York.

Possession of Marijuana

Unlawful Carrying of Weapon

Cases Dismissed

Criminal Defense

July 29, 2018

Client found himself handcuffed in the back of a patrol car and on his way to jail for marijuana and a handgun. Officers had been cruising a mall parking lot running license plates with an automatic scanner and found hits on the car he’d been in. The driver was arrested for warrants but during that transaction, the officer smelled marijuana and searched the car. His search turned up a 9mm semiautomatic handgun and a bag of weed in my client’s backpack. Client admitted the items were his and was arrested and charged with possession of marijuana and unlawful carrying of a weapon. Based on circumstances of the search and other factors, we were able to have both charges dismissed. Client will be getting his handgun back.

Felony Theft

Motion to Revoke Probation (Motion to Proceed to Adjudication)

Motion withdrawn and probation continued

Criminal Defense

July 16, 2018

Arrested by military police after showing up to work as a contractor on a base, client had been ducking a probation violation warrant for two years. Client was on deferred probation for felony employee theft. Shortly into his probation, he slipped up, stopped reporting, paying fees and doing any conditions. He moved to another county and was out of touch for nearly 2 years. We were hired and immediately set a bond to get him released. Prosecutor was upset about the length of our client’s non-compliance and wanted to revoke his probation or extend it 2 years with additional jail time as a condition. I used one of my favorite secret arguments to persuade the prosecutor things weren’t so bad. (What was that argument? Sorry, but it’s a secret.) After months of court dates, persuasion and our client’s good behavior we had the motion to revoke dropped and the case extended for only one year without any jail time. It was the best possible outcome under the circumstances. Client was able to keep his job, continue supporting his family and keep his case on track for dismissal.

Manufacturing / Delivery of a Controlled Substance, Possession with Intent to Distribute

From 2nd degree felony to Misdemeanor

Deferred Adjudication

Criminal Defense

February 5, 2018

Sitting on a curb in handcuffs after a felony stop, our client had just been caught on tape arranging the sale of heroin to undercover officers. A referral to our office from a former police officer, he and his pals had tried to make a run for it. But a marked patrol car had caught up to them, observed a minor traffic violation and pulled them over. Police found the heroin and the buy money and arrested everybody in the car. Later that night, our client signed a full written confession. His charge was manufacturing/delivery of a controlled substance, a second-degree felony. By the time we were done, the felony was dismissed and we had a deal for deferred on misdemeanor theft. How? Well, the stop was good and the driver had the heroin on him. Another passenger had warrants. But on the stop, our client had no drugs, weapons or warrants. The patrol officer hadn’t seen him commit any crime, had no knowledge of the prior activity and had arrested our client only because the undercover officer told him to. While that’s usually good enough, (because improper police work often isn’t exposed), that’s not a valid arrest. Client’s later confession was a fruit of the bad arrest and therefore suppressible. Our prosecutor had the backbone to agree. Since the State had other offenses available through the undercover officers’ testimony we took a deferred adjudication on a misdemeanor.

The state (and thereby the people) avoided an expensive and mostly fruitless trial, and our client avoided a felony.

DWI Accident

Reduced to Obstruction of Passageway

9-month Deferred adjudication

Dismissed

DWI/DUI

Driving across oncoming lanes of traffic late at night and plowing into a yard destroying part of a brick wall, our client had been on the way home from her boyfriend’s house and was found by officers still at the wheel. She admitted driving, admitted drinking wine and taking Ambien, all captured on the officers’ body cams. Slam dunk case for the state, really. Nonetheless, there are many reasons a prosecutor might be persuaded to drop a DWI and offer a deferred adjudication on an obstruction of a roadway charge. In this case, the reason was highly unusual but that’s what we were able to agree upon. Nine months later the case was dismissed.

Assault Injury

Case Dismissed

Criminal defense

November 29, 2017

Client was a proud but hot-tempered contractor who had gotten into a brawl with another worker after he had destroyed an entire morning of the client’s progress on a high-pressure job site. Both combatants were fired. Client was facing up to a year in jail on an assault charge and because of a few serious charges on his criminal history, the prosecutor wasn’t interested in giving any breaks. We set the case for jury trial and the day before trial the prosecutor called to say they were dismissing the charge. Justice served.

Fugitive From Justice Writ

Writ Granted – Bond Set

Prevented Extradition

Criminal Defense

September 25, 2017

Filed a “Fugitive From Justice Writ” (FFJ Writ) to have a bond set for a client being held on an out of state charge in Dallas County. We told the family NOT to let him sign a waiver of extradition because then we wouldn’t be able to get him a bond. The magistrate informed us our client’s charge was marked “no bond” by the issuing agency. Rather than accept that as final, we went back to the fugitive section and requested to see the teletype confirming the warrant. In fact, a bond amount was listed and we were able to get the magistrate to order that bond amount. Turns out the case had only been marked “no bond” here after a Sheriff’s Department employee called the out of state police agency and asked about whether a bond was allowed. Whoever answered the phone claimed the client couldn’t bond out in Texas. That could have been anyone; it certainly wasn’t a judge. Had we taken that answer and stopped digging, our client would have been stuck in jail, lost his job and possibly his family’s home. Instead, rather than waiting a week or more in jail just for pick up, and even longer once moved, our client will bond out, go back to the job he’s worked for over 20 years and keep his life intact. Now he can travel to his court dates and handle the charges against him without losing everything.

Places Weapons Prohibited

Case No Billed by the Grand Jury

Criminal Defense

August 07, 2017

At a local airport, our client was stopped by TSA during security screening, was arrested and booked for “Places Weapons Prohibited,” a felony. Visiting from out of state, she had carried one of her handguns into the secured area of the airport inside a carry-on bag. She had intended to remove the gun but had overlooked it. We prepared a packet for the Grand Jury explaining the error and requesting she not be prosecuted. A few months later the Grand Jury heard her case and returned a verdict of “No Bill” (they decided not to indict her.) She never had to go to court, never had to face the difficult decisions a felony defendant faces, can stop reporting to her bond company and put this all behind her.

Felony Theft

Case Dismissed

Criminal Defense

July 25, 2017

Client was stopped at the door of a high-end merchant while carrying an extremely expensive item concealed in a valise. Store cameras showed our client passing all points of sale but the loss prevention officers reached our client just before he had fully exited the premises. Prosecutor felt attempted theft could be proven but agreed the actual theft charge was weak. We argued the evidence could be suppressed based on a violation of search and seizure law – that the detention of our client was premature. That would have beaten even the attempt charge. The prosecutor agreed to a dismissal given the circumstances of the arrest and the client’s lack of criminal history. Client took a short anti-theft class online, made a donation to a local charity and the felony theft case against him was dismissed. Ancient philosopher and general Sun Tzu advocates winning without fighting. Sometimes the quickest way to win without fighting is to prove you would win the fight.

Aggravated Sexual Assault

Charges not filed

Criminal Defense

Client was credibly accused of sexually assaulting a female acquaintance, possibly with the assistance of a date rape drug. Detective contacted client asking him to come in and make a statement. Client called and discussed the situation with me and hired me to help. Normally we advise accused clients to avoid speaking with the police at all costs. There are too many ways making a statement can go wrong. But this was a super rare instance in which making a statement could prevent charges. In fact, not making a statement was sure to lead to a warrant and indictment. After extensive consultation, the client and I arranged to meet with the detective. At the start of the meeting, the detective indicated full belief in the victim. However, by the end of the meeting, the detective was persuaded no sexual assault had occurred. She never issued a warrant or forwarded a file for prosecution. We were able to save the client the pain, embarrassment and consequences of being charged, arrested, booked, bonded and prosecuted for such a heinous and serious crime. Our client also avoided the horrible predicament and terrible choices offered an innocent person in felony court.

Resisting Arrest

Case Dismissed

Criminal Defense

June 02, 2017

Officer’s body cam video clearly shows our client resisting arrest. However, the officer never had proper reason to contact our client in the first place and the client knew that. In fact, that was one of the main reasons for resisting. Though the officer had a stated reason for contact, it simply wasn’t legally sufficient. Many prosecutors recognize a weak case and will offer a fair resolution. We agreed to a conditional dismissal in which the client would perform community service through a food donation to the North Texas Food Bank. A sizable peanut butter donation was made and the client’s case was dismissed. We refer to it as our “Peanut Butter Dismissal.” But kidding aside, our outcome was a win for the hungry people of North Texas, a conservation of judicial resources for local taxpayers, vindication for our client and a solid example of a prosecutor doing the right thing. (It’s important to note; a prosecutor’s duty is not merely to secure convictions but to seek justice. And all officers of the court must 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, providing a fair outcome while avoiding wasting a court’s time.)

Felony Failure to Stop and Render Aid

Case Dismissed

Criminal defense

March 24, 2017

Client came to us on a referral from several family members with a Failure to Stop and Render Aid arising from a minor accident. As charged, our client’s 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 after indictment so we never had an opportunity to persuade the Grand Jury to No-Bill. Unique facts made it a difficult case for the prosecution. Over many months their offers improved from felony deferred to a deferred on a misdemeanor reduction. Yet we continued at every setting to seek a better result while insisting the case deserved 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 his deportation.

Manufacturing with Intent to Deliver a Controlled Substance – First Degree Felony

Evidence Suppressed

Case Dismissed

Criminal defense

Jan 30, 2017

Client had been followed by undercover narcotics officers who radioed a uniformed officer to make a traffic stop. They believed our client was a dealer carrying large amounts of drugs and contraband but didn’t want to blow their cover. They also wanted to ensure they had a good stop and arrest. The 25+ year veteran officer who made the stop had our client get out of the car and did a pat-down search for weapons (Terry frisk). During the search, the officer quickly found a large bag of methamphetamines in our client’s pocket with much more hidden in other areas of his clothing. He also found a large amount of marijuana in client’s vehicle as well as materials for packaging and sale of narcotics. Client was facing 5 to 99 years on first-degree felony Manufacturing with Intent to Deliver a Controlled Substance. We carefully reviewed the video and filed a motion to suppress evidence based on several problems with the officer’s search. We carefully crafted questions to show through the officer’s own testimony that our client’s search was illegal in several respects. In the end, even though our client had verbally agreed to let the officer search his pocket, the judge agreed that under the circumstances the consent was not voluntary and the search was invalid. All of the narcotics, all of the marijuana, all of the materials for packaging and sale were suppressed as “fruit of the poisonous tree.” That left the state with no evidence and the entire case was dismissed.

Big relief for our client!

Charge reduced, 5 years deferred

Criminal defense

Dec 07, 2016

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 just by asking nicely. Above all, 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

Favorable Plea

Criminal defense

Dec 06, 2016

Client is an inmate in a maximum security correctional facility accused of attacking the warden and three correctional officers. 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 and 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.

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

Cases Dismissed

Criminal defense

Sep 29, 2016

Client was facing 5 to 99 years after being 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. This brought her exposure down to 2 to 20 years. 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 and her remaining Aggravated Assault Deadly Weapon case was dropped.

Abandon Child – Three counts

Cases No Billed by the Grand Jury

Criminal defense

Sep 28, 2016

Client was a single mother of three young children who faced three counts of a State Jail Felony after being arrested for leaving her children in her running vehicle late at night while she bought groceries. She was also the focus of a Child Protective Services investigation from this same occurrence. 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). Though agreeing she did violate the law, we urged a number of reasons we felt she should not be punished further. We had to wait many months for the Grand Jury but upon hearing the cases and considering our packet, the grand jury No-Billed all three cases. Our client can continue supporting her family without being burdened by a criminal record.

Manufacturing and Delivery of a Controlled Substance and Assault

Deferred adjudication on new charge

Continued on Probation on old charge

Criminal defense

Sep 27, 2016

Client referred by a friend was facing 5 to 99 years on two first degree felonies and one state jail felony. He had been arrested after a traffic stop revealed he was carrying a massive amount of illegal drugs in his vehicle. When we say massive, the veteran prosecutor commented it was the most drugs he had ever seen on one person. What’s worse, the client had just started probation on an assault charge from the same felony court only two days earlier. He had barely left the courthouse before picking up some three huge new cases. 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 and 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 then had his probation changed from a felony to a misdemeanor to reflect the intent of the original plea. That allowed us to request a misdemeanor level bond. We then bonded our client on the new warrant and began to work all of his cases. We counseled our client on the many things he could begin doing to make a good impression on those who were deciding his fate. To his credit, he stayed out of trouble, changed his surroundings and began working a legitimate job. He always showed up for court well dressed. 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

Case No Billed by the Grand Jury

Criminal defense

Feb 11, 2016

Our client was charged with stealing around $15,000 of construction materials from a former employer. 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.

2x Aggravated Assault Deadly Weapon

Cases No Billed by Grand Jury

Criminal defense

Sep 18, 2015

We were hired by a lawyer on the East coast to represent a young family member who faced 2 to 20 years after being charged with two counts of aggravated assault with a deadly weapon. Following a dispute, he had cornered two individuals with a knife, holding one at knifepoint. We received the call just moments after the client’s arrest and learned 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 a careful investigation of the scene and conversations with witnesses, we developed a plan for the case which, after many months, went before a Grand Jury. We presented a packet to the Grand Jury asking for a “No-Bill” urging that the nature of conduct and circumstances did not merit felony punishment. Not only did they No-Bill the cases after reviewing our letter, they even declined to ask that the cases be filed as misdemeanors.

DWI – Trial by Jury to avoid probation

No jail, no probation, $500 fine only

DUI and DWI

Aug 05, 2015

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 a 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

No Protective Order Granted – Extended TRO only

Criminal defense

Jul 30, 2015

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

PR Bonds Granted

First Degree charge Dismissed

Criminal defense

Jun 25, 2015

Bond hearing on a $50,000 and a $25,000 bond on first and second-degree felonies. Judge gave PR bonds on both and the first-degree charge 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

Case Dismissed

Criminal defense

May 18, 2015

Client admitted to police that she had taken a baseball bat to her boyfriend’s windshield, totally destroying it. 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

Case Dismissed

Criminal defense

Apr 13, 2015

Our client was accused of hitting her sworn enemy 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

Granted

Criminal defense

Jan 30, 2015

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

Pled to Class C – Time Served

Criminal defense

Jan 22, 2015

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

Favorable Plea

Criminal defense

Jan 09, 2015

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 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

Cases Dismissed

Criminal defense

Jan 01, 2015

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 guilty’s were the only outcomes that would suffice. After careful work on his matter and despite video evidence and the signed written confession we obtained dismissals on both cases.

DWI .22 Blood Test

Not Guilty – Jury Trial

DUI and DWI

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 exposed 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

Case No Billed by the Grand Jury

Criminal defense

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. 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 our client subdued and into handcuffs. They arrested him and charged him with two counts of Aggravated Assault on Public Servant. We presented a packet to the Grand Jurors using an analogy to show why our client was not at fault for the officers’ injuries. We compared the officers’ injuries to those that movers might get trying to move a large refrigerator through the kitchen. A refrigerator might cause similar injuries but it wouldn’t be because of an assault. Similarly, all our client did was resist. They may have been injured because of his resistance, but not from an assault. We asked them to No Bill him or charge him instead with resisting arrest. The Grand Jury No-Billed our client and all charges were dropped. No other charges were ever filed.

DWI 3rd

Favorable Plea Negotiation

DUI and DWI

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 back time 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

Not Guilty – Jury Trial

Criminal defense

Client, a referral from a friend, 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, totaling 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. That’s a direct route to a DWI charge. We tried the case to a jury and they returned a verdict of not guilty.

Felony Probation Discharged

Case Dismissed

Criminal defense

Client had been scared and on the run from her felony probation for 8 years. She was afraid the court would give her prison time for violating her probation so badly and for absconding for so long. 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. Even though they had good addresses on her, they had never come out and attempted to serve the warrant. The law requires that the sheriff at least try to serve such warrants. Letting cases languish without making good faith efforts to get the defendant back into custody is disfavored by the courts because it prevents people from being able to put their cases behind them and get on with their lives. Courts recognize that many will not voluntarily turn themselves in on active warrants. The judge agreed, recalled the warrant and set the case for hearing. At her motion to proceed to adjudication hearing we presented witnesses of our client’s 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 and the case was dismissed.

DWI

Not Guilty (by directed verdict) – Jury Trial

DUI and DWI

Client was arrested for DWI 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. But we did try to make sure the prosecutor didn’t realize he had a problem until it was too late.

 

Assault Family Violence – Felony

Case No Billed by the Grand Jury

Domestic violence

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 case was charged as a felony because of a prior assault family violence conviction.) 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 but 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 wasn’t happier on the front porch and didn’t want to stop. So she called the police and showed them her 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 and we bonded him out and began preparing his defense. When the case came before a Grand Jury, we presented a packet explaining the incident, injuries and surrounding circumstances. Our client was No-Billed by the Grand Jury and we later had the case expunged.

Gun in bag at Airport security

Case No Billed by the Grand Jury

Criminal defense

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.

Leaving Scene of Accident with Damage
Charges not Filed
Criminal defense

Client called for advice and counsel after a car he owned was involved in a single car accident. The accident had also demolished part of a building. Police likely assumed our client was driving, was intoxicated and abandoned the vehicle. The vehicle was impounded and a hold placed on it as evidence. Client was advised how to proceed and what not to say or do. A call was placed to the detective assigned to the matter and we arranged to have the vehicle hold lifted and the car released. No warrant was ever issued, client was not arrested for any offense and no charges were ever filed.

Speeding with Commercial Driver License (CDL)

Not Guilty (by directed verdict) – Jury Trial

Traffic Tickets

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

Not Guilty – Jury Trial

Traffic Tickets

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.

Speeding

Not Guilty (by directed verdict) – Jury Trial

Traffic Tickets

Won a jury trial in Carrollton on a tough speeding case. Client was 23 years old driving a Dodge Hemi Challenger 106 mph on the George Bush Tollway (on an occupational driver’s license.) I made a big deal about the officer not bringing in dashcam video but the real goal was to distract the prosecutor long enough to get a directed verdict. The prosecutor had failed to properly prove zoning. Carrollton might be the last place most lawyers would expect a judge to grant a motion for directed verdict. But the judge went out for about 15 minutes to review the tape and confer with the other judge before coming back and granting my motion. The judge told them they had the privilege of witnessing something very rare in our judicial system. It may be rare for them but it’s not rare for me. The jury was at first confused and then pissed. But they followed the judge’s direction and entered a plea of not guilty. Then they met me out front to express their anger. I explained the legal situation further but that didn’t make them like it anymore. One thing is certain; I’ll take tough judges who are fair over soft judges who aren’t any day!

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