Attorney Efrain Sain's Legal Cases

Criminal defense

State vs MO

N/A

OUTCOME: Judge dismisses case after speedy trial hearing

Client gets arrested for DWI and possession of dangerous drugs (1 viagra pill w/o prescription). State files DWI right away but does not file drug case. I keep continuing DWI case so that we can resolv ... e both cases together, maybe getting the drug case dismissed if he pleads to the DWI. After 1.5 years, the court tells us to resolve the DWI case. We agree to very good terms for client on the DWI. Less than a month later the state files the drug case. I file motion for speedy trial. Judge agrees with me and dismisses the drug case.

Criminal defense

State vs T

N/A

OUTCOME: State dismisses charges on the day of trial when we announce ready.

Assault family violence. Client is charged with striking wife in face. Client denies it. State will only offer deferred probation. Not acceptable for my client as he is in process to be a US citizen an ... d cannot have any family violence on his record. We set for trial. State offers to dismiss if he takes 6 month class. At this point, I feel we could win in trial. He decides to go for a jury trial. On the day of trial, state dismisses case.

Criminal defense

Child Sex Abuse - 3 Separate Charges:

N/A

OUTCOME: 3 Not Guilties - Jury Trial

After angry mother gets jealous. preacher from Africa was charged with sexually assaulting his step-daughter on at least 3 different occasions. We were able to show and convince the jury of this reason ... for fabrication. He was facing 60 years in prison.

DUI and DWI

DWI, .14 Breath Test

N/A

OUTCOME: Jury Trial - Not Guilty

Client was lost and going the wrong way on street when police first saw him. He parked on the shoulder, running up onto the curb. We were able to show the jury that he had had very little sleep in the ... past 24 hours from working at the airport as a baggage handler. We also argued there could have been some communication problems as he was from Africa. We used a forensic toxicologist, who explained how the breath test results could be wrong My client was relieved at the not guilty verdict as he was almost finishing the process to gain citizenship.

Criminal defense

Resisting Arrest & Evading Arrest

N/A

OUTCOME: Jury Trial Not Guilty

Client was attacked by a group of youth who left him and carjacked his truck near the Fair Park area. Homeowner saw the commotion and called police. Client, who had just been beaten, ran from the br ... ight light of police spotlight. Frightened and unable to understand English well, he fought the police, still blinded by the light. Handcuffed in the patrol car, client tried to bring attention to the fact he had just been attacked. He kept saying, with his limited English, to the arresting officer, "See my face, see my face." A powerful metaphor, indeed, that applies for many of the unfortunate who are wrongfully arrested.

Criminal defense

Murder

N/A

OUTCOME: Reduced to Manslaughter 2 Years, Time Served

Client got into a fight with another man and cut the deceased man's thigh with a knife. In less than a minute, the man lost too much blood and died. We argued self-defense. In addition, both parties ... were intoxicated. I suspect that the fact the deceased man had no family in this country to advocate for him also helped my client.

Criminal defense

Sex Abuse of Child

N/A

OUTCOME: Hung Jury, Mistrial

IT professional charged by 2 teenage daughters of former girlfriend with sexual assault that allegedly occurred when they were 10 and 12 Jury initially was 5 for acquittal but ended with 3 for acquitt ... al, 1 on the fence, and 8 guilty. Prosecutor's offer was 30 years. My client was able to walk out of that courtroom which gave him a chance, on the next go-round, to get a misdemeanor that was negotiated by his court-appointed attorney.

DUI and DWI

DWI, .1 Breath Test, Commercial Drivers License

N/A

OUTCOME: Jury Trial Not Guilty

Client was stopped for a traffic violation in a confusing road construction area. Contrary to what the police said in his report and to what he testified, the jury agreed with us that our client did a ... pretty good job on the roadside tests. We used a forensic toxicologist, who explained how the breath test results could be wrong As a long-haul truck driver, my client was facing loss of his job and since he was the sole breadwinner in his family, his family was certain to suffer greatly if we had lost the trial.

DUI and DWI

DWI .17

N/A

OUTCOME: Case Dismissed after winning Motion to Suppress

Police stop client because police sees a beer bottle sitting on the back bumper of his van as client is driving. We argue that, absent more evidence, the bottle does not give the police reasonable sus ... picion to stop. Judge agrees. 65 year old Mexican client is very relieved

DUI and DWI

DWI, Refusal

N/A

OUTCOME: Jury Trial Not Guilty

Client was driving erratically after having dinner with her husband at a restaurant. Client was very fearful in the intox room at the police station, demanding a female officer. At one point, she was ... almost screaming. Officers refused to get a female and instead, wrote and testified that her behavior was indicative of someone who was intoxicated. Husband testified at trial that her previous husband had physically abused her regularly and she had PTSD symptoms from such abuse. A quick not guilty verdict, thankfully.

Efrain Sain's Legal Cases (11)

State vs MO

State vs T

Child Sex Abuse - 3 Separate Charges:

DWI, .14 Breath Test

Resisting Arrest & Evading Arrest

Murder

Sex Abuse of Child

DWI, .1 Breath Test, Commercial Drivers License

DWI .17

DWI, Refusal