JURY TRIAL: (1) Aggravated Sexual Assault of a Child; (4) Indecency w Child by Contact
Jan 11, 2024
OUTCOME: NOT GUILTY
Client maintained his innocence for two years in regards to the false allegations made by his own granddaughter. As a 71 year old man, the State's only offer of 30 years in prison would have been a li...fe sentence. We took the case to trial, and after a four-day jury trial, we were able to present the defense theory that the child was in fact coached by a vindictive ex-spouse. The jury deliberated for less than two hours, and rendered a verdict of NOT GUILTY on all five counts.
DUI and DWI
JURY TRIAL: DWI (Alcohol and THC)
Nov 02, 2021
OUTCOME: NOT GUILTY
One of my most memorable cases was a DWI in North Texas. My client was pulled over for speeding late at night, and the officer alleged the odor of alcohol. The officer asked my client to perform the s...tandard field sobriety tests. He informed the officer that he had a couple of drinks earlier in the night, and he did not feel comfortable performing the tests because he did not have good balance. The officer badgered my client by asking repeatedly for him to waive his right to refuse, and eventually my client gave in, and attempted the tests. After a few failed attempts, my client (after exhaustion and thinking he had no other choice) informs the officer that perhaps he was drunk since he could not continue. The officer was pleased with this "confession," and arrested my client for Driving While Intoxicated. Once the blood results came back in, it was determined that my client had both alcohol as well as THC in his system. After much consulting we decided to decline the State's offer, and take the case to trial. At trial, we cross-examined the arresting officer, as well as the two expert witnesses for the State. A key factor was informing/educating the jury that there is no scientific evidence that testing positive for THC or its presence in the blood. will "add" or "increase" possible intoxication simply because it is detected along with alcohol. The trial lasted three days, and the jury deliberated for approximately 45 minutes.
