Young man pulled over for slightly speeding just as the speed reduced 10 MPH. (Speed trap)
Young man was courteous and polite. Fully cooperated. His BAC was .07 (legal limit is .08).
You think you ...are going home if you blow under .08?
Probably not.
After hiring us, client's case ultimately got dismissed.
Criminal defense
Indecency of a Child
Jul 07, 2020
OUTCOME: No Billed
Client was charged with Indecency of a Child by his own biological daughter. Client had never been in trouble before this arrest, made a career as a college professor and was completely blind-sided by ...this allegation.
Client had been close to his daughter her whole life. At daughter’s request, client even paid a lawyer to fight for custody of her when her mother wanted to move to another city. The court decided in favor of the mother.
Daughter had been going through a lot between the mother relocating her, a new marriage/stepdad, her father was re-marrying and her boyfriend broke up with her. The last time daughter visited her father, the two got into a verbal argument which was not usual for their relationship.
The night daughter got back to her mother’s house she was hanging out with a friend who told daughter that CPS was involved for an issue that the friend was having with her stepfather. The next thing we know is that daughter was making a similar allegation against her own father.
Father was arrested, he made bond and then he hired us. We obtained all the discovery in the case and prepared our presentation for the Grand Jury.
In our presentation, we outlined all the inconsistencies in the daughter’s statement. In the end, the Grand Jury “No Billed” the case. The client is relieved to have that burden lifted.
While the allegation was solely based on words and there was no physical evidence, just by being charged with a sexual offense caused many struggles in our client’s life, especially with being judged by friends and family. One thing that did not change was the love of his current wife. She believed in him and she stood by his side throughout the case.
Criminal defense
Aggravated Assault with a Deadly Weapon
Jul 07, 2020
OUTCOME: Dismissed
We had a felony Aggravated Assault with a Deadly Weapon case that was dismissed once we set the case for trial.
I call this a “Three’s Company” scenario. If you are too young to remember the sitco...m, “Three’s Company” you’re missing out. In every episode the characters think something bad or immoral is happening. By the end of the show, the characters find out the situation is completely innocent and the whole thing is just a big misunderstanding.
Here’s what happened in our case in a nutshell:
Client pulls up behind the complaining witness “C/W” at a stop sign on his way home. Client is excited because just bought a new motorcycle. He’s in a good mood.
C/W sits at stop sign for a bit.
Another car pulls up to the four-way stop and is waiting for C/W to go.
That car waits and decides to just go because C/W didn’t.
Client taps his horn at C/W to get her attention – maybe she was texting…he didn’t know.
It works and the C/W moves on.
C/W was moving slowly though. Client thought maybe he made her angry for honking, so he slowly went around her. Client was cautious because he had his new motorcycle in back of his truck.
As he approached his house, he felt like the C/W was following him. He didn’t want her to know where he lived so he pulled over to let her go around.
When he did that, he looked left at her and she was yelling at him with her hands all up in the air.
He laughed it off and he thought that made her even more mad because she sped off down the street.
What neither of them knew at the time is that they are neighbors who live on the same street.
Both were trying to let the other pass by so the other wouldn’t know where they lived.
C/W calls the police and says a man in a white truck with a motorcycle in the back pointed a gun at her. The officers question C/W a few times because it didn’t even add up to them what she was saying. At first she said our client pointed the gun at HIMSELF and then she said he pointed it at her…and she described the gun as “thick…one of those short guns…he went like this towards his head.”
Client did not have a gun. What he had was his cell phone with a round holder on the backside. He held the phone with his fingers along the sides of the round holder and kind of flipped it around.
The only reason client was arrested was because he was driving the white truck with a motorcycle who passed her and he owns guns – like many Texans do. But he did not have a gun in his truck or on him and no matching gun was recovered or identified by the C/W.
Client was arrested and had to pay money to make a bond. We got our investigator, Jim Willis, involved after we set the case for trial. Jim interviewed the C/W and not only was she uncertain about what she saw, but her health had declined while the case was pending and she no longer cared to pursue a prosecution. It took us setting the case for trial to get a dismissal. …and like we usually say, time is almost always on the side of the defense.
Criminal defense
DWI Dismissed
Jan 30, 2020
OUTCOME: Dismissed
Client was traveling in his lane of traffic and weaving within his lane. This is legal. For all that the officer knew, client could have dropped his cell phone or had been messing with his radio or any...thing one could imagine. That does not mean he was intoxicated. The officer said the client almost struck the median. That also is not a traffic violation. Judge found no probable cause and the State dismissed the case.
Criminal defense
DWI Dismissed
Jan 30, 2020
OUTCOME: Dismissed
Officer “stopped” our client as he was moving his truck from a dark spot of a bar parking lot to a more lit spot so his vehicle would be safe when he left it and ordered an Uber for the rest of his nig...ht. The officer saw client and passenger leave the bar and get into client’s truck. The passenger had an unopened can of beer in his hand. The officer said the reason for the stop was because he “thought” the passenger had an open container. The officer was wrong and for that matter, it could have been a Diet Coke for all that the officer knew. Client had never been in trouble a day in his life. He consented to a breath test at the police station and the result was .085. (The legal limit is .08) For argument sake, client may have been under .08 at the time the officer made contact with him, but his body was still absorbing his last drink of alcohol so by the time the client provided a breath sample, he was over the legal limit – but was not at the time of “operating” a motor vehicle.
The judge presiding over this case at court listened to the basis for the officer’s stop and found no probable cause so the State dismissed the case.
Criminal defense
THC Oil
Jan 09, 2020
OUTCOME: Dismissed
A client was charged with Felony Possession of a Controlled by having THC oil in a vape pen. After reaching out to the prosecutors regarding the testing issue to prove the THC is greater than 3%, the p...rosecutor’s office declined to move forward with that case.
Criminal defense
Intoxication Assault
Dec 19, 2019
OUTCOME: Plea to Veteran's Court
Client is a Marine. He is 100% disabled with real PTSD. A combination of his PTSD medication and some beer during a stressful time caused him to lose consciousness while driving down I-45. He rear-ende...d another driver with his F-250 truck while the other driver was at a standstill. Client does not remember anything about this incident. He left the scene and continued to drive home without a front right wheel where a 911 caller followed him and client was arrested at his home. Eventually, client was charged with Intoxication Assault in Harris County and DWI in Galveston County. He had no prior criminal history prior to these charges.
Client was accepted into the Harris County Veterans Court program where he will be on probation for several years for the Intoxication Assault while working closely with the VA, the courts and other folks who are qualified to work with Veterans like this client of ours. Before the court pronounced sentence, the State brought the victim to give a statement to our client in open court. It was a very emotional statement. After expressing her anger, describing her ongoing medical procedures, permanent disfigurement and losses incurred as a result of our client’s actions, she softened and expressed forgiveness and love for our client, citing Bible passages.
When it was over, our client was allowed one-on-one time in a private room with the victim where he cried as he told her how sorry he is for his actions and the impact his choices have had on her and her life. They hugged each other and cried together. It was a beautiful moment. Even I cried watching the interaction.
In the end, our client asked the victim if when the time came for client to graduate from the Veteran’s court, would the victim attend his graduation. With love, she accepted his offer. I look forward to that day. Ultimately, it was their mutual love for Jesus Christ that bonded these two folks from different sides of this awful criminal case.
Criminal defense
Resisting Arrest
Dec 10, 2019
OUTCOME: Plea to Reduced Charge
Client charged with Resisting Arrest when arrested in Kemah for public intoxication. This case was pending for 2 years. Legally, “pulling away” from an officer is “evading arrest/detention” while using... force against a police officer is resisting. On the eve of trial, the State recognized that the officer used the words “pulling away” about 4 times in the offense report. While technically the State could have re-filed this case as an Evading, they reduced it to a Class C Disorderly Conduct with a $100 fine plus court costs. This negotiation saved the client the cost and the uncertainty of trial. It is now behind him and he is free to move forward in life.
Criminal defense
DWI Dismissed
Nov 30, 2019
OUTCOME: Dismissed
Client was charged with DWI, but the reason for the “stop” was questionable so the State offered for client to attend 20 AA meetings and dismiss the case. Client jumped right on those meetings and his ...case has now been dismissed.
Criminal defense
Assault Dismissed
Nov 30, 2019
OUTCOME: Dismissed
Client found out her best friend had carried on an affair for 2 years with the client’s husband. They ran into each other at a bar and client punched her best friend in the face. There was a question ...about whether the best friend made the first move; making self defense an issue. The State offered for client to take an online Anger Management class and they dismissed the case.