Aggravated Assault Deadly Weapon – Down to Class A Deferred – Probation Violation – No Bond – Time Served to end case
Client had been charged with aggravated assault – deadly weapon but placed on a class A misdemeanor assault deferred adjudication. Several months in, she was arrested on a multifaceted probation violation and held with no bond. She had fallen into deep trouble mentally and more than anything needed to be out of custody so her family could get her help. They had called from out of state on a Sunday and spoken to several attorneys but hired me, sending payment and arranging a flight to meet me in court Monday. Monday morning, after quick conversations with probation and the prosecutor, we all agreed that getting her back out on probation would not be best in her deeply troubled state. Despite being told we likely couldn’t get her sent from the jail because of a suicide watch, we were able to get her for the plea. We took back time credit for time served and she was out of jail and into the arms of her family that afternoon with no more case to worry about.
Third Degree Felony dropped to Misdemeanor Deferred Adjudication
Today I finished a case in which we took a misdemeanor deferred adjudication on a third degree felony. Client had some priors and though we had a great case for trial, client wanted the misdemeanor deal. Ultimately, the same factors I found that could have won at trial are what persuaded the prosecutor to drop down to a misdemeanor. Sometimes I have to be satisfied with what satisfies the client. In the end, it was a big win for the client and his family.
Warrant – Felony Probation Violation – Possession of Controlled Substance Manufacturing and Delivery Probation Disharged – Warrant Recalled
Client came to me with a warrant on a felony probation violation on a possession of controlled substance manufacturing and delivery case. He had moved out to California and had been gone almost 2 years. Three weeks after hiring me we walked into the Courthouse in the morning with the warrant still active and following a long day of negotiating and other efforts, we walked him back out a free man. There were tears and hugs and prayers of thanks but no more warrant and no more probation.
Jailed across Texas on Theft Warrants – Quick Dismissal, Quick Release – No Bond money needed
Took a call mid-morning on a woman who was arrested across the state on two local theft cases. Bonds were set at $2500 cash X 2 and she was waiting for Dallas to pick her up.
I looked up the cases from my car on the way to court, saw a creative path to help quickly, quoted a fee that was substantial (but less than the cash bond amounts), got paid, parked at the courthouse and had dismissals in hand before noon.
Thanks to a relatively new but wise prosecutor who’s been around criminal justice a lot longer than most would realize, sheriff will be sending releases to the other county. Client’s family member got the swiftest result conceivable: Phoned at 10:45, dismissals before noon. Zero money wasted on bonds, no need to ever return to court.
Warrant for Probation Violation -Maufacturing and Delivery of a Controlled Substance – Probation Discharged, Case Dismissed, Warrant Recalled
Client called from outside the country with an active warrant on a probation violation for manufacturing / delivery of controlled substance. More than ten years ago just after being placed on felony probation, client had been deported from the United States with a permanent ban on reentry.
Unable to complete probation from outside the US, a warrant issued for his arrest. He could not return to clear the warrant so it remained for 13 years. During that time he rebuilt his life, beginning a family and career in his newly adopted country.
Recently, he was told he could no longer remain in his new country without immigrating. However, the immigration process would not be possible with the open probation violation and warrant in the US.
He stood to lose everything he had worked to build; his home, his career, his marriage, his kids… He needed an immediate result.
Calling me after speaking to almost a dozen other lawyers, he explained that each prior lawyer told him his situation was too complex and they could not see a path to help. Additionally, they each advised they no longer took cases in his particular court. After a few minutes on the phone, I believed I could help and told him he could pay me to try. I also shared that I had received very fair treatment from his court and continued to take cases there.
Despite the court’s usual policy to require the defendant to be present, after only a few days, I called to say that we had an agreement to withdraw the motion to revoke, end his probation and recall his warrant, all without him being present. We had only to complete the paperwork, have the judge sign and the clerks process. The sheriff would then recall the warrant.
This was the holy grail of good news but instantly caused his doubt to kick into a higher gear. Because every other lawyer had told him they couldn’t help, he feared he had been scammed. “If it sounds too good to be true,…”
He demanded signed documents, sealed papers, court records, etc. These things weren’t yet available, but after many assurances that did not provide comfort, a day later we were able to provide proof of all actions and verify the warrant was cleared. He had gotten the result that he had feared impossible. He could keep his life and continue his immigration process.
This has been one of my favorite wins.
Title IX Proceeding – Dismissed
Helped a college athlete with a Title IX hearing at his university stemming from a claim of sexual assault against a female student. Let’s first make it clear; I don’t typically handle Title IX matters. But a good friend requested help for his son and paid a small fee. While an esteemed colleague mentioned he might charge forty thousand for the work involved and to be really careful, I kept it exceedingly simple, advised the student and helped him draft a carefully worded response letter. A few weeks later the university dropped the matter.
Assault
Trial Verdict – Not Guilty
Client was charged with an assault she did not commit. The accusation seemed part of a coordinated effort to pursue other legal claims against my client’s family. On the morning of trial, the “victim’s” attorney came by the court with a friendly warning that his client had brought unbiased witnesses and trial would be a waste of time likely ending in my client’s conviction. He suggested deferred dismissal as our best bet. But I had several reasons not to like his advice. And never has an attorney who was not a prosecutor tried to talk me out of a trial. When he saw I was at odds with his point of view, he said his goodbyes and left. But just as trial was starting, I noticed he had returned, quietly settled in the back of the courtroom. Wishing to deny him any chance to compare testimony and coach witnesses, I had the judge exclude him from the courtroom and we went on to win a not guilty.
Assault Family Violence
Dismissed
Family Violence
Criminal cases are like food left in refrigerators. Even the best food goes bad if left too long. And food nobody wants? It gets shuffled back to spoil. By the time this case came to trial it had been almost 5 years. I was the second attorney. The file had started as a felony, been refiled as a misdemeanor, and then, it seems, repositioned to the back of the fridge. As trial approached, I determined we had about four ways to win, including trial. But good prosecutors are mindful of using valuable trial slots on bad cases; they’ll often make attractive offers or consider reasons to dismiss. Such options become trickier with complaining witnesses bent on prosecution. Nonetheless, we provided some persuasion and a little good faith and the day before pretrial, the state agreed to dismiss. They seemed understandably reluctant to try the food from the back of the fridge.
Assault by Threat
Dismissed
Family Violence
Client had an assault threat case we were setting for trial. Prosecutors scheduled a meeting to provide discovery. We were about to spend a considerable amount of time watching video of the police response but I noticed the victim had stated the defendant shouted he was going to kill her while walking out of the residence. Later in her statement she said she felt he didn’t mean what he said and didn’t feel in danger of imminent harm. All that equals no assault. It would be tough to prove the victim feared for her immediate safety when the defendant was walking away. Rather than spend any more time on the video, I pointed those things out to the prosecutor. She agreed and dismissed the case. It was a big win for the client whose assault wasn’t really an assault, whose crime wasn’t really a crime.
Manufacturting and Delivery of a Controlled Substance
Pretrial Diversion
Drug Possession
Our client was charged with a first-degree felony for Possession of a Controlled Substance, Manufacturing and Delivery. She had been on a short road trip between cities when she was stopped in a vehicle containing an extremely large quantity of methamphetamines. The stop occurred in a semi-rural and extremely conservative county. The penalty for a first-degree felony is up to 99 years or life and the state was only offering penitentiary time. We learned the client’s story and background and were able to use that to persuade the state to offer pretrial diversion. This means upon satisfactory completion of the diversion program, all charges will be dismissed.
Places Weapons Prohibited
Case No Billed by the Grand Jury
Criminal Defense / Grand Jury
Our client was arrested at Dallas Fort Worth International Airport after having been stopped by TSA during security screening. He was arrested and booked for “Places Weapons Prohibited.” Traveling on business from out of state but heading to a vacation spot, he had accidentally carried a small handgun through security. TSA found it and he was placed in the brand new airport jail, (probably the single nicest jail in our area – they even typically let inmates keep their phones). But my client was held without bond pending transfer to Tarrant County. He would not be magistrated until reaching Tarrant. That process could take up to two days. I got the call in the early evening hours and had him out on a writ of habeas corpus later that same night. DFW Airport Jail staff told him it was the quickest they’d ever seen someone released. We filed a representation letter with the District Court and tracked his case to ensure the Grand Jury would return a “No Bill.” The client never had to return to court. Now we are looking into getting the gun back.
Theft – Warrant
Reduced to a Class C and placed on deferred adjudication
Theft
The client had been on the run from a Collin County Theft charge for 5 years and had moved to California to start a new life. She was extremely worried about what would happen on her return visit to Texas but needed to get rid of the warrant. I arranged for her to fly in and meet me at the courthouse on a Friday morning and we would try to clear the warrant. She was prepared to turn herself in and post a bond to be released from jail. Instead, we got the prosecutor to agree to drop the case to a Class C Misdemeanor, put her on deferred adjudication, and recall the warrant. Two hundred and thirty dollars later my client was warrant-free and headed to the airport to fly to California to enjoy her weekend. In six months she’ll have an expungable dismissal.
DWI Accident – Over .15 Blood Alcohol Level – Blood Draw
Dismissed
DUI and DWI
Client had a freeway accident where his car slammed into the median at high speed. Other cars were clipped and police shut down most lanes of traffic to investigate. Arresting officer claims our client yelled, “I’ll show you!” before deliberately crashing his car to end an argument. Client reportedly failed all field sobriety tests, admitted driving and via blood draw showed a BAC of over .15. Our client disagreed with much of the officer’s report. We did our own investigation and found the arresting officer had such an extensive history of lying both on the witness stand and in police reports that he’d been fired from other agencies. We also found a former District Attorney who had dismissed all this officer’s remaining cases in his county and refused to put him on the witness stand. We provided this info to the prosecutor who dismissed our case.
Felony Probation
Warrant on Motion to Revoke
Probation Extended, Warrant Recalled without Need for bond
Probation Violation
Client called distraught over a warrant for arrest on a motion to revoke felony probation. She had been on probation for nine years, had failed to complete numerous conditions, was behind on fines and fees and had picked up a new criminal case. She had already been extended three times and had stopped going to work from fear of being arrested. She was even too afraid to drive downtown to meet at our office. After three failed attempts of coming to us, I finally went to her, explained what we would try to do and quoted her a fee. However, when I couldn’t guarantee her warrant would be lifted she was hesitant.(Clients sometimes want guarantees we can’t ethically provide). Nonetheless, she paid us at noon and by 2 pm we had her probation back on track and her warrant recalled so she could start going to work without worry again.
Second Degree Felony
Possession of a Controlled Substance, Manufacturing with Intent to Deliver / Possession with Intent to Distribute
and
Unlawful Carrying of a Weapon
Misdemeanor Deferred and a Dismissal
Drug Possession
Client was traveling near the Texas state line when he was stopped for speeding and arrested, initially only for unlawful carrying of a handgun. He and his car were legally searched because of the smell of marijuana, his admission to having recently used marijuana and alcohol and having a handgun in plain view of the trooper from the roadside. Both the stop and the arrest were also valid and no evidence suppression issues were present.
Upon arrest, a lawful inventory search of his vehicle turned up nearly 200 bottles of prescription meds and other substances inside duffel bags. As a result, the state trooper added Possession of a Controlled Substance, Manufacturing and Delivery / Possession with Intent to Distribute, a 2nd degree felony. This charge calls for up to a $10,000 fine and up to 20 years in prison.
It’s easy to imagine other lawyers might have accepted a felony probation deal early on. This goes along with my contention that without a careful lawyer, bad police work is often good enough. Instead, we dug into documents and bodycam videos and found a serious error by the arresting officer that led to the DA’s Office dropping the felony.
End Result? One misdemeanor deferred adjudication (which will end in a dismissal) and a dismissal of the weapon case.
Felony Probation Violation
Possession of a Controlled Substance
Motion Withdrawn
Client Released
Drug Possession / Probation Violation / Bail
Client hired us on a DWI. But far more concerning was preventing his felony probation from being revoked in another county (not Dallas). As expected, his court issued a probation violation warrant and our client was arrested several counties away. His family worried transfer would take weeks causing him to lose his job. He’d won a long-sought promotion and losing this job could destroy his career. In less than 24 hours we had two lawyers in front of the prosecutor to try to set a bond and get our client back to work. In this county, the bond would typically be three times the original bond. That would have been $30,000.00 as the bond had originally been $10,000.00 on a Manufacturing and Delivery charge. We could have agreed to a lower bond, paid out more money to bond him and then worked on the probation revocation later, but my true goal was to give the prosecutor good reasons to skip all the way to the end. That would mean agreeing on the spot to withdraw the motion to revoke and allow our client to continue on probation. After a brief conversation, research, and discussion with colleagues, the prosecutor agreed to withdraw the motion and have the warrant recalled. The judge signed off and a release was sent to the arresting county. Client was out by 10 am and headed to work to save his job. The court will still have the new offense available as evidence on a Motion to Proceed to Adjudication if our client messes up, but for now, he has a second chance to keep his life on track.
Possession of a Controlled Substance
Case Dismissed
Drug Possession / Bail
Client’s husband called from out of state saying his wife had been arrested in Alabama on a six-year-old felony charge out of Dallas County, Texas. They had started a new life and family in Alabama, had two toddlers and didn’t want to wait weeks for her to be transferred to Texas. We discussed the fees and process for doing a Fugitive from Justice Writ. That would have her released in Alabama so she could come to Dallas and handle her case on her own schedule. They paid for a writ but my goal was to argue first for a dismissal. A dismissal would instantly short circuit the whole process, get her out of jail and put the whole case behind her. The next day in court I was able to get the prosecutor to agree to dismiss the charge entirely and have the Sheriff send a release to the jail in Alabama. Handling it that way saved the client untold weeks of stress and expense. The client was out that evening.
Indecency with a Child by Contact
Case Dismissed
Criminal Defense
Client was facing 2 to 20 years in prison and up to a $10,000 fine for indecency with child by contact. After more than two years of almost twice a month court settings we set the case for trial. After rejecting offers to plea to deferred adjudication on reduced charges, we appeared on the trial date and were told that the complaining witness no longer wanted to go through with testifying. So with almost three years of anxiety, stress and the threat of a felony conviction, prison time and sex-offender registration hanging over him, we finally ended with a dismissal. Whatever your opinion on these types of cases, there’s never a winner. If the complaining witnesses’ allegation is true, no matter what the outcome, she’s a victim for life who will never be the same. If her claim was false, we’ve engaged in a huge and unfair waste of time and resources for the state, county, law enforcement, the client and his family. We never had a trial to sort it out but a dismissal is a win and gets the client his life back.
Tampering with Physical Evidence and Possession of a Controlled Substance
Case No Billed by the Grand Jury
Drug Possession / Criminal Defense / Grand Jury
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 work around the facts and 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 / Bail / Grand Jury
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
Drug Possession / Criminal Defense
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
Probation Violation / Bail
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. 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
Drug Possession / Criminal Defense
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. His prior attorney hadn’t seen any plan to get a better outcome. In fact, this other attorney told me to be wary of anyone who would lie to the cops. 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 bad police work often goes unchallenged), 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 can be many reasons a prosecutor might be persuaded to drop a DWI and offer a deferred adjudication on an obstruction of a roadway charge. Those reasons aren’t flagged for defense lawyers to find. It takes determination, discernment and creativity to find them. In this case, the reason was highly unusual but nine months later all charges were dismissed.
Assault Injury
Case Dismissed
Criminal Defense
Client was a proud but hot-tempered contractor who had gotten into a brawl with another worker after that person had destroyed an entire morning of the client’s progress on a high-pressured 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. (And another fun one we didn’t get to try.)
Fugitive From Justice Writ
Writ Granted – Bond Set
Prevented Extradition
Criminal Defense / Bail
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 told 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 file had only been marked “No Bond” HERE after a Sheriff’s Department employee called the out of state police agency to ask 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, our client will bond out, go back to the job he’s worked for over 20 years and keep his life intact. He’ll 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 / Grand Jury
At Love Field 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
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 result in 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. Being charged with aggravated sexual assault would have severely damaged his marriage, reputation and career. Perhaps even more importantly, our client also avoided the horrible predicament and terrible choices offered an innocent person in felony court. For the lawyer, there’s more money and prestige in a trial victory, but for the client, ending a case before it even gets started is worlds better.
Resisting Arrest
Case Dismissed
Criminal Defense
Officer’s bodycam 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 she resisted. 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 a “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
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
Drug Possession
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 via 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. The judge warned the client that he had gotten lucky this time but that if he kept it up he’d be back and probably wouldn’t be so lucky again. Happily, the client is doing very well and his new profession doesn’t require him to transport contraband.
Big relief for our client!
Charge reduced, 5 years deferred
Criminal Defense
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
D
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
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 knew we could push the case to trial to get a likely dismissal with no course requirement, but the client preferred to avoid the stress, shortcut the process, take the offer, take the course and get her dismissal. She 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 / Grand Jury
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 / Drug Possession / Probation Violation
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 when he picked up three huge new cases. 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 filed a motion “Nunc Pro Tunc” (it means “Then for Now”) to have his probation changed from a felony to a misdemeanor reflecting 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 / Grand Jury
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 further 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 / Grand Jury
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 a prior location, conversations with witnesses and review of surveillance video that police didn’t have, 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
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 (over 100 mph on collector roads) 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
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 / Bail
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
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 by the court. 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
Domestic Violence
Our client was seen hitting her sworn enemy on the head with a standard claw 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
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
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
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
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
Jury Trial Verdict – Not Guilty
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 the client’s performance on the video did not seem consistent with such a high blood alcohol content. Not guilty by Jury. 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 (much 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 house and onto the front porch. It took ten officers to finally get our client subdued and into handcuffs. Two officers received minor injuries during the arrest. Client was charged 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 movers might get trying to move a large refrigerator through a kitchen. Moving a large 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.
Probation – Felony Family Violence – Motion Withdrawn – Warrant Recalled
Client was on probation for a felony family violence charge when he learned he had a warrant based on a new arrest for assault. He showed up in court trying to resolve the matter but was advised to return with a lawyer. After speaking with several other lawyers he decided that even though I was more, he liked my approach best and sent my fee. I went to court a couple of days later and found a solution but the judge was out (and we needed the judge). We had to tiptoe around the judge’s absence to keep my client from getting stuck in jail, but ultimately were able to have the motion withdrawn, the warrant recalled and the client back in good standing on his probation.
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
Jury Trial Verdict – Not Guilty
DWI/DUI
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
Probation Violation
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
Jury Trial Verdict – Not Guilty (by directed verdict)
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 with a directed verdict of Not Guilty after state’s close of evidence. We had requested a directed verdict after demonstrating that despite the case being properly filed, the prosecutor failed to present proper evidence regarding jurisdiction. The judge granted our motion and directed the jury to find 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. Directed verdicts are rare but with careful attention can be a really nice way to win trials that would otherwise be lost.
Assault Family Violence – Felony
Case No Billed by the Grand Jury
Domestic Violence / Bail / Grand Jury
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 / 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.
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)
Jury Trial Verdict – Not Guilty (by directed verdict)
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
Jury Trial Verdict – Not Guilty
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
Jury Trial Verdict – Not Guilty (by directed verdict)
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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