Case Results

Whether a criminal matter can be settled inside or outside of court, our Austin attorneys fight hard for our clients. At Smith & Vinson Law Firm, we thoroughly prepare for each case and explore every legal option to seek favorable results. Our strategic approach has allowed us to achieve wins for past clients. Read more below, and if you need aggressive defense for your case, call us at (512) 359-3743 or contact us online today.

  • Not Guilty
    DWI .24 Blood Warrant

    Our client was an older male, working professional, and was stopped leaving downtown Round Rock for a traffic violation in March 2019. Major issue with the way blood was analyzed by the DPS analyst (she had prior disciplinary history as well). Had multiple hearings on this matter and judge ruled that analyst was not allowed to testify due to a number of reliability issues. Jury deliberated for an hour, followed the law, and came back with a not guilty verdict. Client fought this case for over 700 days, came to court in-person and through zoom over 20 times. He did not give up and neither did we. We believed in his case from day one.

  • Not Guilty
    Sexual Assault

    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
    DWI .22 Blood Warrant

    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.

  • Not Guilty
    DWI .17 Blood Result

    A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.

    In October 2020, in the middle of a pandemic and mass court shutdowns, this soldier was facing a promotion freeze. Additionally, his unit was planning a deployment, and his pending charges were placing his ability to deploy in jeopardy. With these critical issues pressing on him, the client made the difficult decision to reject a plea offer and take his case trial in the Western District of Texas. Due to Covid-19, the case was tried virtually to the bench (meaning the judge decided the case with no jury present). This was a novel way to try a case, but this soldier refused to plead guilty to a crime that he knew he did not commit.

    At trial, the Military Police officer who conducted the DWI investigation testified. Partner Brad Vinson quickly exposed the numerous inconsistencies in his report and caught the officer outright lying multiple times. The government also attempted to offer evidence of the soldier’s blood alcohol content. Unfortunately for the government, Mr. Vinson had meticulously reviewed the chain of custody records and noticed a key flaw: the government could not prove the blood sample drawn from the soldier was the same blood sample tested at the lab. Despite this, the government persisted by attempting to call a toxicologist to testify about the results of the lab testing and the alleged blood alcohol content. However, the government would be disappointed again. Senior associate attorney Jennifer Taylor knew that the toxicologist on the stand was not the same toxicologist who tested the blood sample in the lab. Ms. Taylor successfully argued to the judge that allowing this new toxicologist to testify would be a violation of the soldier’s rights under Federal law.

    With the entirety of the government’s evidence deemed either not credible or inadmissible, there was nothing for the judge to do but find the soldier Not Guilty.

  • Not Guilty
    2nd DWI

    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.

  • Not Guilty
    2nd DWI

    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.

  • Case 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.

  • Case 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.

  • Case 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.

  • 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.

  • Case 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.

  • Case Dismissed
    Aggravated Robbery

    Our client was indicted on the 1st Degree Felony charge of Aggravated Assault. He was out celebrating a birthday with friends when the party took a different turn and our client ended up being in the wrong place at the wrong time.

    The Prosecution alleged that the crime took place over the agreement to meet and purchase a designer backpack. The victim claimed that he was attacked and in the chaos of the altercation he was shot in the leg.

    In the process of our investigation we requested all documents relating to the case, including the warrant for the arrest of our client. The warrant clearly stated that the officer that initially responded to the scene noted a large amount of narcotics in the residence of the alleged victim. During our detailed review of other documents and our own investigation into the events of that night it became clear that the State did not have reliable statements and witnesses to confirm their version of that night’s events.

    After a long negotiation and hard fought defense of our client we secured a dismissal on this case.

  • Case 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.

  • Case Dismissed
    Assault Family Violence

    Our client was a mother who had allowed her adult son and family to move in with her due to some hardship. After a family dinner a heated discussion between our client and her daughter in law turned into a physical altercation. Although our Client sustained the more severe injuries of both parties she was taken into custody and charged with Assault Family Violence. We sat down with our client and listened to what she felt was at issue with the case and what role she would accept in the incident. After negotiation with the State they agreed to a Dismissal of the charges against our client after going to a recommended class.

  • Case 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.

  • Case 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.

  • Case Dismissed
    Assault Family Violence

    Our client was charged with Assault Family Violence after an argument with his girlfriend in their shared residence. At the time of his arrest our Client was a young father who also worked for the city. Having this charge put him as risk of losing a custody battle for his child and his stable employment.

    After our in depth intake process with our client we were put in contact with a witness to this event. When we interviewed this witness we were made aware of inconsistencies with the complaining witness’s statement of events and the confirmation of our client’s innocence.

    The prosecution pushed for our client to accept a deal of Pre-Trial Diversion. Our Client insisted that he did not want to accept because he could not admit guilt and show remorse for something he did not do. We believed in our client and in the strength of our case.

    We pressed hard on the prosecution to dismiss this case based.on the facts or take their chances and go to trial based on the unreliability of the complaining witness. After months of hard work and negotiations we received a dismissal for our client.

  • Case 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.

  • 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.

  • Case 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.

  • Case 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.

  • Case 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.

  • Case 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.

  • Case 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.

  • Case 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.

  • Case 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.

  • Case 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.

  • Case 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.

  • Case 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.

  • Case Dismissed
    Invasive Visual Recording

    Our Client was an active duty soldier proudly serving in the United States Military. He was wrongfully accused with Invasive Visual Recording. Any charges filed against an active duty soldier requires specialized attention to certain details. Our client decided to set up a camera system in his own home to help assist him in an upcoming custody case. The State belief he set the camera up to record his mother-in-law. We stood our ground based on our belief in our Client and his rights. We secured a Dismissal for this case.

  • Case 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.

  • Case 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.

  • 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.

  • Case Dismissed
    Public Intoxication

    After a night out our client got turned around in her apartment complex and knocked on a door she thought was her residence. Because of the late hour the police were called out to the scene and our client was charged with Public Intoxication. Our client had made an honest mistake and needed an attorney who listened to the situation and would advocate to the State on her behalf. Our client performed community service hours and we secured a dismissal for the charge.

  • No Charges Filed
    Sex Assault Investigation

    Our client had an affair with a married woman. When her husband found out, she accused our client of rape. She called the police, who began an investigation into the matter. Our client did the smart thing and called our office immediately.

    We met with the client for hours and had multiple discussions with the detective investigating the case. We were able to show law enforcement the holes in the accuser’s story. As a result, the District Attorney declined to prosecute the case.

  • Deferred Prosecution
    Juvenile Assault

    Our client was a juvenile who got into altercation with a classmate on school grounds and was charged with assault. We know the stress of facing a charge at a young age is a lot for a family to navigate without assistance and can come with severe repercussions. We took the challenge to the State to prove its case while keeping the family involved. With strong advocacy for our client and some classes we secured a Deferred Prosecution for our client with successful completion will end in a dismissal and the option of having his charge expunged.

  • Case Dismissed
    Juvenile Sex Assault

    Our client, a young girl, was accused of sexually assaulting her young female cousin. Our client was a good student and was involved in a number of youth and school activities. She had a bright future ahead of her and she and her parents were understandably terrified that an accusation like this could ruin her life forever.

    Our attorneys were able to work with the State and the client’s parents to come up with an appropriate safety plan for the client and to eventually get the cases against her dismissed.

  • Allowed to Remain on Parole
    Parole Revocation Hearing

    Our client had been released on parole and was a model parolee, when one day he fell asleep and his nephew tampered with his ankle monitor. The client’s parole officer was furious and applied for a warrant for his arrest on a parole violation. The parole officer made a big show of his belief that our client was a danger to society and was attempting to cut his ankle monitor and run. However, our investigation revealed that not only did the parole officer ignore repeated immediate calls from our client asking him for assistance but did absolutely nothing in response to the device’s alarm for hours. Turns out, the parole officer wasn’t nearly as concerned as he wanted us all to believe.

    We immediately set this case for a parole revocation hearing and called his nephew and other family members as witnesses. With their testimony, the hearing officer agreed to release our client back to parole.

  • Case Dismissed; Charges Reduced
    Two Counts of Sexual Assault of a Child

    Our client was arrested after two girls he met online turned out to be underage. He was charged with four counts of sex assault of a child. The State interviewed the girls and obtained incriminating cell phone evidence, as well as evidence of drug use. The DA’s Office aggressively prosecuted this case and sought prison time.

    Our attorneys worked with an expert on forensic psychology and was able to provide the State with a compelling mitigation report. After contentious negotiations between our team and the DA’s Office, the State agreed to dismiss two of the counts and reduce the remaining two to a lesser offense, avoiding lifetime registration as a sex offender for our client.

  • Case Dismissed; Charges Reduced
    Two Counts of Sexual Assault of a Child and Four Counts of Indecency w/ a Child

    Our client was indicted on two counts of sex assault of a child and four counts of indecency with a child. Our client confessed to the offense and there was substantial physical evidence corroborating that confession. The State aggressively prosecuted this case and sought significant prison time.

    Our attorneys immediately got to work on our investigation and were able to combat the narrative offered by the State that our client was a violent monster. As a result of our mitigation efforts, we were able to negotiate the dismissal of five of the six counts in the indictment, as well as avoid prison time, a felony conviction, and lifetime registration as a sex offender.

  • Case Dismissed; Charges Reduced
    Solicitation of a Minor

    Our client was a legal permanent resident with no criminal history when he was picked up for solicitation of a minor after a sting operation. He faced serious immigration consequences if convicted of a crime of this nature. In addition, the evidence against him was substantial and he was looking at prison time.

    Our team was able to negotiate a dismissal of the felony charge and probation on a non-sexual offense. This allowed our client to avoid prison time, sex offender registration, and deportation.

  • Motion to Suppress Granted During Trial
    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.

  • Case Dismissed
    Assault Family Violence w/ Strangulation and Injury to a Child

    Our client and his wife had a contentious relationship with his wife’s ex-husband, and, unfortunately, our client’s middle-school aged stepdaughter was caught in the middle. After getting into trouble at home, the stepdaughter falsely accused our client of strangling her.

    The State initially sought to put our client in prison, then later backed down and offered probation. However, we knew our client was innocent, and he rightly refused to accept responsibility for something he did not do. Our attorneys did our own investigation and continued to aggressively advocate for our client, eventually convincing the State to do the right thing and dismiss all charges.

  • Charges Reduced
    Intoxication Assault Causing Serious Bodily Injury

    Our client was charged with 5 Felony Counts including Intoxication Assault causing Serious Bodily Injury after being involved in a vehicle/pedicab accident that injured 3 people, one with life-threatening injuries. The arresting agency obtained a blood search warrant from our client and he was facing 5 felony counts. His BAC was twice the legal limit and he allegedly fled the scene of the accident. We took the time to approach the defense of our client from all aspects including an expert witness to re-create the accident and scene. The state originally wanted years in prison. After a long, detailed, and aggressive negotiation strategy was were able to get the State to agree to reduce the original number of charges down to one our client received with a 5-year probation term.

  • Case Dismissed; Charges Reduced
    Five counts of Sex Assault of a Child & Eight Counts of Indecency w/ a Child

    Our client was accused of being in a relationship with an underage teen. He was charged with six counts of sexual assault of a child and eight counts of indecency with a child. The evidence was overwhelming. He thought his life was over.

    Our attorneys worked with a forensic psychologist and put together mitigation evidence for the District Attorney’s Office. We were able to negotiate a dismissal of thirteen of the fourteen charges, with deferred adjudication on the remaining charge, avoiding prison time and a felony conviction.

  • Probation (was looking at 25 to life in prison)
    Felony DWI

    Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.

  • Case Dismissed; Charges Reduced
    Felony DWI

    Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.

  • Case Dismissed
    Felony DWI w/ Child Passenger

    After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”

    This police officer was aggressive, unprofessional, and had his mind made up from the start that he was going to arrest our client for DWI. Most importantly, he was acting illegally in detaining her for further investigation without probable cause. After months of pushback from a prosecutor who didn’t see anything wrong with these actions, our attorneys prepared for a suppression hearing based on an illegal detention. The State changed their tune and dismissed the case outright.

  • Case Dismissed
    2nd DWI

    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.

  • Deferred Adjudication
    Aggravated Assault & Tampering with Evidence

    Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence. With strong representation and a hardline approach to our tenacious defense of our Client we secured a short deferred adjudication for this case. Once completed the case will be dismissed.

  • Deferred Adjudication
    Aggravated Assault Family Violence w/ Serious Bodily Injury

    Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State. The State wanted prison. We said that will never be an offer we will accept. It was probation or trial for us. With treatment completed by our client upfront his case ended with a Deferred Adjudication sentence. Once completed, the case will be dismissed.

  • Case Dismissed
    Aggravated Assault w/ Deadly Weapon

    Our client, a veteran with no criminal history, allegedly got into an altercation at a gas station after an argument about politics that started verbal turned physical. The client drove away before the other parties called police. Police caught up to him and arrested him, not only for the alleged altercation, but on suspicion of Driving While Intoxicated.

    The county we were working with had a Veteran’s Court, but they only let in a limited number of people and were usually very inflexible about who qualified. Our client initially could not get into that specialty court. Our attorneys were able to work with the District Attorney’s Office in order to get him into the program and help him get his life back on track.

  • Pre-Trial Diversion
    DWI Voluntary Blood Draw

    Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client. With a full investigation of the facts and evidence in the case we found multiple issues with the video/ audio evidence, the lab testing and results that the State could not overcome. We set the case for jury trial. On the day of trial, the State backed own and we secured a 1 year Pre-Trial Diversion outcome for our client. The case will be expunged once it is completed.

  • Pre-Trial Diversion
    DWI Voluntary Blood Draw

    Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client. With a full investigation of the facts and evidence in the case we found multiple issues with the video/ audio evidence, the lab testing and results that the State could not overcome. We set the case for jury trial. On the day of trial, the State backed own and we secured a 1 year Pre-Trial Diversion outcome for our client. The case will be expunged once it is completed.