Client was probably good for it and it wasn't the first one. I found out, though, that the arresting officer had recently become persona non grata and kicked off the force. Begged client to set for tr...ial, because state couldn't prove case without the officer, and he was such a POS that I knew they wouldn't call him as a witness. They didn't and we won.
Criminal defense
Theft
Jun 13, 2014
OUTCOME: Not guilty.
Client tried to buy a car and put down a $750 deposit with a check. She told the salesman that there was no money in the account, and he said it would be OK but he just needed something because he was ...letting her take the car, telling her that he would get her financing. This is a common BS trick used car salesmen use. They'll take your car on a trade, promising the moon. Then they can't get financing and the fine print requires you to return the car, but at this point they've already sold yours at auction price, so you're left with no car and not enough money to buy a car like you had. That's exactly what this guy did to her. As it turned out, though, her husband was able to get approved and the sale went through. The trade in and loan covered the full sale price of the car, but the dealership tried to cash the check anyway. When it bounced, they sent it to the DA who filed charges on my client for theft. There was about 3 different ways that the state was going to lose this case, but they finally did because they didn't have a witness who could testify that my client ever presented the check.
Criminal defense
Aggravated Assault with Deadly Weapon
Jan 16, 2014
OUTCOME: Not guilty.
Client charged with assaulting two people with a vehicle while high on cocaine. By the time the trial was over, the prosecution had zero evidence that client had taken any drugs and no evidence of anyt...hing but a traffic accident.
Criminal defense
Felony Possession of Marijuana
Oct 16, 2013
OUTCOME: Not guilty.
20 year-old client had a lot of pot in his car. He was stopped for his tint being too dark on his back window. If the stop is bad, then all evidence, including that 5 pounds of pot, is suppressed. Too... bad for the officer, but the law changed a few years prior, and, so long as you have side mirrors, you can have your back windows as dark as you want. Hell, you can black them out with tinfoil if you want. The officer seemed to think that because his agency's interpretation of the law (based on the old law) hadn't changed, that the interpretation controlled. Oddly, the prosecutors thought the same thing. The judge didn't. Laws trump agency interpretations. We won. A 20 year-old kid gets a chance at a life of not being a felon.
Criminal defense
Assault with Big Black Eye and Stiches = Not Guilty
Sep 12, 2013
OUTCOME: Not guilty
Lord, what a mess. My client ends up at a restaurant at the mall with a girl he knew. They arrived separately, she before he, and she had ordered herself a drink and some food. They're sitting in the... bar area of this place, when she gets a call from a guy over whom she had been crying in her beer earlier. My guy decides that he's had enough, so he tells her good night, and leaves. This girl had a habit of always ordering a bunch of stuff and then letting everyone else pay for it. She probably didn't have any money and that's why she got so mad, but she took out after him and commenced to whooping him up and down before he finally hauled off and knocked the living shit out of her. She stopped her attack at that point, and he left. Turns out, her eye was all split open and she had to get stitches and everything. A cop responded, but, after talking to the wait staff and some other witnesses, he counseled her and my client for fighting in public and let it go. While my guy was just defending himself from her wrongful attack, he didn't want to press charges and just wanted to let it go. About three weeks later, this girl goes to the police and tries to file assault charges again, except this time, the idiot cops took her report and NEVER BOTHERED to contact the officer her initially responded. He didn't file a complete report, but he wasn't filing a case, but he did make notes in the call for service entry. The state got all wound up about her injuries and, with no independent evidence regarding her wrongful attack, they wouldn't dismiss or anything. We end up in a jury trial, where the jury heard from this nutball's former boyfriends that she had stalked and attacked and from several of the stores where she would go and steal and pull scams and get aggressive with the staff. They also saw the video of them at the restaurant, where we see her answer her phone and my guy calmly get up and say something to her and walk off. Then we saw her frantically get up and bolt out after him. Naturally, they heard from the cop that responded and refused to file charges. To his credit, he was quite critical of his own department, stating that he simply could not believe that they had failed to contact him. Jury said not guilty. This girl had been arrested twice for theft while that case was pending, and she's been arrested again for making terroristic threats against my client's family members.
Criminal defense
Interference with Emergency Call
Aug 26, 2013
OUTCOME: Not guilty
Ex-husband shows up at a house that had been ordered sold several years before during a divorce. He manages to manufacture an argument with my client who, he says, knocks his phone out of his hand whil...e he's trying to call the police. Luckily, no one who talked to this guy for more than 2 minutes could stand him, including everyone in law enforcement. Apparently, the judge didn't care for him too much, either, so my guy was found not guilty.
Criminal defense
Assault
Jul 30, 2013
OUTCOME: Not guilty.
What a mess this was. Boyfriend and girlfriend are breaking up, and, as often happens, girlfriend decides she's been assaulted. After the jury heard from about 5 of her friends and her momma's friends..., they decided that they were both nuts and, along with the fact that there was zero physical evidence, found my guy not guilty.
Criminal defense
Assault/Family Violence - Dismissed
Oct 01, 2012
OUTCOME: Charge dismissed.
Client was charged with assaulting a family member in Collin County. Out-of-state client hired me through telephone and Internet. I was able to quickly interview witnesses and convince DA to dismiss ch...arge before client was ever arrested.
Criminal defense
Weapon in Prohibited Place
Aug 08, 2003
OUTCOME: Not guilty.
Two brothers went to get their cousin from his high school. A big fight broke out that had nothing to do with any of them, but the police responded and ended up finding a gun in my clients' car. Clie...nts were charged with having a firearm in a prohibited place. As it turns out, though, the prosecutor alleged that the gun was on "the premises" of a school. Careful reading of the statute determined that "premises" was defined as a building or a portion of a building and did not include sidewalks or parking lots. The prosecutor could have amended the indictment and we would have been in some trouble. To keep his guard down, I led him to believe that my clients were just being hard-headed and unwilling to accept their fate, and got the prosecutor to agree to a trial to the judge alone. This was in Ellis County, and I was an outsider there, so the prosecutor really thought he had me stepping in it, while, all the while, he was doing the stepping. As soon as the judge swore in the first witness, jeopardy attached and the prosecutor could no longer amend his charge, so that's when the fun started. The prosecutor put all those cops up there, and when it was my turn to question them, I'd keep asking them, "Now, are you sure my clients' car was in the parking lot?" "Oh, yes," they'd explain. "Well, now, there's a road right here, right? You sure the car was in the parking lot and not next to it?" "Absolutely sure." "The parking lot, you say, then." "That's right." That prosecutor was snickering and rolling his eyes, thinking that I was the biggest idiot who had ever walked into a court room . . .until he rested his case. I rested mine, too, and taught him the lesson I'd been waiting to teach him. The judge smiled and took a short break. The prosecutor realized that he had been had, and he angrily whisper-shouted at me, "You didn't have to do that!" When the judge returned from his break, he was laughing and said, "Yeah, he did have to do that, because you would have amended your indictment! NOT GUILTY!"