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  • Not Guilty

    NOT GUILTY on Sexual Assault and two other lesser included charges. Our client said from day one he was an innocent man. We believed him.

    Our client was accused of sexual assault in early 2018. He was arrested in Austin and no bonded in 2018. The family called us and we got a PR bond.

    Our client had a BS and an MBA and a 6 figure job before losing it due to this accusation.

    We believed in his innocence from day one and had to overcome some really bad facts (potentially incriminating texts client sent to the complaining witness (CW) the next morning - “I crossed a line”, “I should have stopped” - in response to CW texting him I said no, and “I made a terrible mistake”) to get this Not Guilty.

    The client and CW were good friends for three years prior to this allegation. They went out dancing, went back to her place, he was invited into her bedroom to watch tv, and both had two very different versions of what happened next.

    The CW described a very forceful encounter. Our client said it was completely consensual. Our client took the stand in this case.

    We believed our client was sending these text messages to CW about crossing the friendship line. During discovery, we received over 700 pages of text messages from both parties. We found a text from CW saying to one of her friends the next morning that “her body wanted it but mentally she did not.”

    The client was looking at years in prison, sex offender registration, and having his life ruined.

    It felt really great walking our client and his family out of the courtroom after the not guilty verdict. Bunch of tears from the client and his family. It’s the reason we do what we do.

  • Not Guilty
    NOT GUILTY - DWI 2nd

    Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.

    Since this was DWI 2nd, State refused to play ball and reduce the DWI to a lesser charge. We set the case for jury trial.

    We cross examined the officer on his administration of the field sobriety tests and the fact that there are many innocent explanations to explain bloodshot eyes and slurred speech among other supposed signs of intoxication. We hit the officer hard on the fact that he could have got a blood search warrant but didn’t. We argued to the jury that client has the presumption of innocence and State has the burden of proving the case beyond a reasonable doubt. And it’s their burden to bring you a number. Since they didn’t there is reasonable doubt. Jury followed the law and came back Not Guilty.

    Client never gave up and got the justice he deserved.

  • Motion to Suppress Granted During Trial
    Mid-Trial Motion to Dismiss after Motion to Suppress Granted - DWI .11 blood warrant

    This was the 2nd jury trial for this case. First one was a 4-2 hung jury for not guilty. This trial ended in a dismissal by the State mid-trial after we fought and won a motion to suppress.

    Client and his wife pulled off on the side of the road sleeping in truck with engine running. Client in driver seat with seat laid way back. Officers say they smelled odor of alcohol coming from vehicle but didn’t specify who in the car it was coming from.

    Officers get client out of the car to conduct field sobriety tests (aka roadside gymnastics). Officer starts HGN (eye test) with no pre-screening questions and doesn’t come close to administering the test according to NHTSA. Officer also stumbles and begins to fall over when demonstrating the walk and turn.

    On cross examination of the arresting officer, I took him on voir dire regarding his ability to testify about the SFSTs. I walked through all the phases of NHTSA and the clues required for each SFST. He knew nothing, absolutely nothing. We asked the judge to suppress all the SFSTs following Emerson and Kelly. Judge agreed, followed the law, and suppressed all of the SFSTs. State asked for time to redact the SFSTs from the video so the case was reset to the following day.

    The state came back the next day and argued that Emerson was being applied improperly, judge wasn’t hearing it. In light of the granted motion to suppress, the state filed a motion to dismiss.

    Client had been fighting this case for 4 years! He never gave up and we’re happy his case got the justice it deserved.

  • Not Guilty

    This was the 2nd time we tried this case. First one ended in a mistrial last year.

    911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.

    Major issue with the way blood was analyzed by the DPS analyst. Had a hearing on the matter and judge ruled that analyst was not allowed to testify since they could not provide reliable information to the jury and that metadata from DPS was not able to be turned over to our firm during discovery to show who made the changes to the alcohol batch reports that were at issue.

    Our client was blind in 1 eye and had some other health issues that impacted his performance on the field sobriety tests. Officer said that he did not think client was intoxicated until after sobriety tests. We pointed out to the jury how easy these tests are to fail and that they are an abnormal way to determine if someone is normal to drive.

    Client made some bad admissions such as the alcohol is starting to affect him now (15-20 min into the officer’s investigation) and that he should not have been driving. We told the jury that the law in Texas is intoxication at the time of driving and that if client potentially later became impaired after he was out of the car - they should follow the law – i.e. time of driving - and find him not guilty.

    We educated them on the difference between PC to arrest (low standard – get them off the street) and beyond a reasonable doubt (very high standard – branding someone a criminal) to convict.

    The jury deliberated for 3.5 hours, followed the law, and came back with a not guilty verdict.

    Our client fought this case for 700 days, came to court over 15 times. He did not give up and neither did we. We believed in his case from day 1. It’s why we do what we do.

  • Dismissed Terroristic Threat

    Our client was reportedly heard making terroristic threats by some members of his seventh-grade class. Police charged him with a felony. Our client was a boy scout who was well-liked by teachers but had developed ADHD and was being bullied. The State offered our client 1 year of deferred probation. However, the State’s evidence was little more than hearsay and we believed that we had the stronger case. During plea negotiations, we argued that the offense charged was already too high and that with a good psychiatric and home evaluation, the case wouldn’t pass muster. We obtained a plea of six months deferred prosecution with no official adjudication.

  • NOT GUILTY - DWI 2nd

    911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis. A beer can was also found on the ground by his car but no investigation was done to determine if it was from our client’s vehicle. Our client refused any roadside sobriety tests and breath. A blood test was not offered. The officer failed to get a blood search warrant. Client was taken to the hospital where he proceeded to vomit. He was cleared and taken to jail. Officer said he observed slurred speech, bloodshot eyes, confusion and swaying.

    We educated them on the difference between PC to arrest (low standard – get them off the street) and beyond a reasonable doubt (very high standard – branding someone a criminal) to convict. We argued the government did not have anywhere close to enough evidence to convict. All the observations the officer observed, even if true, could be attributed to someone just having a major car accident. The officer admitted on cross examination that he did not do a good investigation, and has since learned. He also said that he “did not know how to get a blood search warrant.”

    Jury deliberated for 2 hours, followed the law, and came back with a not guilty verdict. Client fought this case for over 1000 days to get his day in trial. He did not give up and neither did we.

  • Dismissed - Felony POCS & Probation Violation

    Our client was charged with an POCS 3rd degree felony while on probation in another county for a DWI 2nd. The car he was in was pulled over and, after officers obtained the consent of the driver, the car was searched. The police found cocaine in the vehicle and our client took responsibility. We pressed the prosecutors hard for a dismissal per our client’s completion of a treatment program and for a dismissal of our client’s violation of probation. We also found a number of issues with the search of the car. Ultimately, our client’s probation violation was dismissed, and our client’s POCS case was dismissed as well.

  • Dismissed - DWI

    Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers. We reviewed the video and found that there were some inconsistencies with the offense report and the video. Additionally, there were many issues in the way the officer administered the SFST’s. After we pressured the prosecutor on these issues. We received a dismissal on the case.

  • Dismissed - Assault Family Violence

    Our client was charged with Assault Family Violence during an altercation with his girlfriend after a night out on 6th Street. The complaining witness had a concussion and bite marks on her nose. Upon investigation we learned that the complaining witness had started the fight by pushing and biting our client. She signed an affidavit of non-prosecution which we were able to use in our negotiations. Our client was first offered 18 months of deferred adjudication. We told the prosecutor no way would we ever take probation on a family violence case. We set the case for trial and received a dismissal.

  • Dismissed - DWI 2nd

    Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical history, we found that she had hepatitis and was on the transplant list. There was no way she could drink without doing severe damage to herself or possibly dying. There were significant issues in the way the blood test was analyzed as well. We relayed this information to the prosecutor and told them we would only accept a dismissal or trial. The case was dismissed.

  • Dismissed - POCS Felony

    Our client was charged with a State Jail Felony while stopped for traffic violation in Williamson County. The officers searched the car and found THC oil pens. He was arrested for a felony. We found issues with the search and our investigation uncovered additional issues with the investigation. We pressed the prosecutor on these issues and, coupled with the clean UA’s we had our client take, the case was dismissed.

  • Dismissed - Assault Family Violence

    Our client was charged with Assault Family Violence that resulted from an argument with his girlfriend. Our client had a good job with a baby on the way and desperately wanted his record clear to support his family. We got the complaining witness to agree to sign an affidavit of non-prosecution. We pressed the prosecutor hard for do the right thing by our client and after months of hard work, received a dismissal in the case.

  • Dismissed Possession of Controlled Substance

    Our client picked up a prostitute and was later pulled over for failing to signal. The police let the woman go, but found cocaine in the car on the passenger side and charged our client with possession of a controlled substance. The State offered our client 18 months of deferred probation, but we knew they did not have enough evidence to convict. We refused to back down and set this case for trial. The charge was ultimately dismissed due to lack of evidence.

  • Dismissed DWI

    Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer. The Prosecutor was initially unwilling to negotiate, but we found favorable evidence on the dash cam video, which lead us to question the validity of our client’s consent to take a breathalyzer test. Our firm set this case for trial, and the prosecutor dismissed the DWI and offered a reduced charge of Obstruction of a Highway and 18 months deferred adjudication.

  • Dismissed Assault Family Violence

    During a dispute with her boyfriend, our client threw a brass statue against a wall, which ended up bouncing and hitting him. He called the police and our client was arrested for Assault Family Violence. We reached out to our client’s boyfriend, and he immediately stated that he did not want our client to be prosecuted. He signed an affidavit of non-prosecution and we used this to press the State to dismiss the case.

  • Dismissed Intoxication Assault

    Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.

  • Dismissed Assault with a Deadly Weapon

    Our client, a retired Marine, was out with some friends one night when he got into a fight at a gas station. He allegedly pulled out a knife and left the scene. Moments later, law enforcement pulled him over. He was charged with misdemeanor DWI, felony Assault with a Deadly Weapon, and two counts of felony Terroristic Threat. Our client suffered from PTSD, and we knew a felony would ruin his life. This former service member needed an aggressive defense. We fought for our client at the negotiation table and convinced the State to dismiss all of the felonies and enter the client into the veteran’s program for the misdemeanor DWI.

  • Dismissed Theft

    Our client was allegedly caught shoplifting at an HEB. She had no prior arrest history, so we worked with her on proactively taking classes, which were used to her advantage during our negotiations. The client accepted a deferred adjudication on the shoplifting offense, which was ultimately dismissed.

  • Dismissed Possession of Controlled Substance

    Our client was pulled over for expired registration. Police smelled marijuana coming from the vehicle and conducted a probable cause search. Police found marijuana and pills containing a controlled substance, and the State charged our client with a felony. Our client was already facing multiple misdemeanor charges in another county. Our firm was able to identify the issues and bring them to the attention of the prosecutor. As a result of our negotiations, the prosecutor agreed to dismiss the felony charge and accept deferred adjudication on misdemeanor Possession of Marijuana.

  • Dismissed Assault Family Violence

    Our client received an arrest warrant for an alleged assault on his brother’s girlfriend. He needed the warrant cleared so that he could be considered for a job he was applying for. Our firm worked with his brother’s girlfriend and found inconsistencies between her statements and those made by our client, his brother, and another eyewitness. We challenged the State’s attorney on these inconsistencies and case was ultimately dismissed.

  • Dismissed DWI

    Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.

  • Dismissed Aggravated Assault with a Deadly Weapon

    Our client was charged with felony Aggravated Assault with a Deadly Weapon for allegedly pulling a boxcutter out during an altercation with another man. Our client had no prior contact with law enforcement. We thoroughly investigated the other party, and found that he had a history of violence and assault. After conducting further interviews with another witness, we learned that our client was not the initial aggressor. We argued to the State that the other party had attacked our client first and that the charges against our client should be dismissed. Ultimately, the State agreed to dismiss the charges.

  • Dismissed Felony Assault Family Violence

    Our client was charged with felony Assault Family Violence for allegedly attacking her ex-boyfriend and scratching his face. The State appeared ready to file enhanced charges. Upon receiving the evidence, our firm found issues with the police video and discovered that the 9-1-1 call did not indicate that our client as the first aggressor. Additionally, our client had evidence of bruising on her face and lip that was not consistent with her ex’s story. We fought aggressively to dismiss the felony and obtained a fair plea offer on misdemeanor disorderly conduct, a much less serious charge.

  • Dismissed DWI

    Our client was stopped for a headlight that had gone out and was then arrested for and charged with DWI. He consented to a breath test and blew a .11. Upon reviewing the dash cam video, we discovered that the field sobriety tests were performed off camera. We knew that the video would not be usable in trial and used this information to pressure the prosecutor during our negotiations. The prosecutor dismissed the DWI charge and agreed to the lesser charge of Obstruction of a Highway with 15 months of deferred adjudication.

  • Dismissed Theft

    Our client, a legal permanent resident, was charged with stealing clothing at Macy’s. The State offered our client an initial plea deal. However, due to her immigration status, we advised our client that it was in her best interest to fight this case the whole way. We advised her to take some classes up front. During our investigation, we discovered problems with the evidence that would have made it difficult for the State to prevail at trial. We argued these points, and the case was dismissed as a result.

  • Dismissed Felony Assault Family Violence

    Our client was charged with felony Assault Family Violence after an argument with his spouse allegedly turned physical. The evidence against our client was strong but, during the investigation, we found that our client’s spouse had a history of abusive behavior towards her living partners. Additionaly, we advised our client to be proactive by taking family violence classes. We were able to use these to negotiate his charge down to a Class A misdemeanor with deferred adjudication.

  • Dismissed DWI

    Our client, a veteran, fell asleep at the wheel and was involved in an accident. He was arrested for DWI and refused to give a breath or blood sample to the police. He came to us concerned that a DWI conviction would put an end to his military benefits. We received a plea offer for a DWI conviction with 15 months of probation, but we knew we could do better. We worked with our client and promised to go to trial unless we received a dismissal of the DWI charge. The pressure was effective. The prosecutor offered a dismissal of the DWI charge and agreed to the lesser charge of Obstruction of the Highway and deferred adjudication.

  • Dismissed Assault Family Violence

    Our client was drinking and watching sports with his girlfriend when they got into a heated argument. The argument escalated, and our client left in order to avoid further trouble. A neighbor called the police and our client’s girlfriend made a statement alleging that our client had assaulted her. Our client was later arrested for Assault Family Violence with Impeding Breath. During our investigation, we learned that the police pressured his girlfriend into giving a statement because she had been drinking that night. She signed an affidavit of non-prosecution, and the prosecutor agreed to dismiss this case in exchange for completion of an anger management class.

  • Dismissed DWI

    Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath. Our client refused to take a breath test. The prosecutor offered several plea deals, but our investigation revealed inconsistencies in the evidence, so we set the case for trial. On the eve of trial, the State offered to dismiss the DWI and reduce the charge to the less serious offense of fleeing.

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