Attorney Paul Holt Walcutt's Legal Cases

DUI and DWI

.108 Breath Test Case Dismissed

Nov 01, 2010

OUTCOME: Reduced to lower charge

My client was stopped for weaving over three lanes on the Interstate at night. He failed 2 of the 3 field sobriety tests and, despite denying to the officer that he had consumed any alcohol, blew over ... a .10. I convinced the prosecutor that the breath test would likely not be admissible and that his performance on the tests was due to poor instructions by the officer. Given this information, the State agreed to dismiss the DWI.

Criminal defense

16 year old Criminally Negligent Homicide case dismissed for Speedy Trial Violation

Oct 01, 2010

OUTCOME: Dismissal - Speedy Trial Violation

I was appointed to represent an inmate in prison who was accused of causing the death of his passenger in a car wreck. The State had discovered that he was imprisoned on another charge but did nothing ... to bench warrant him back to Austin. At a pretrial hearing, I laid out that the case law clearly merited a dismissal due to the exceedingly long delay and inaction by the State which prejudiced my client's ability to present his defense. After the hearing, the judge dismissed the case.

Criminal defense

Theft of Property

Sep 01, 2010

OUTCOME: Dismissed

I was hired six days before my client was set to go to trial. He was a subcontractor accused by a general contractor of stealing materials from an old job site. After a brief investigation, I uncover ... ed independent evidence that contradicted the contractor's story. I presented this evidence and showed that it would weigh heavily in what boiled down to a "he-said, he said" swearing contest, and the prosecutor moved to dismiss.

DUI and DWI

Sleeping does not necessarily equal intoxication

Aug 01, 2010

OUTCOME: Dismissal

My client was arrested for DWI after the police responded to a restaurant where she was asleep in her running vehicle. She performed very poorly on the field sobriety tests. Initially, the State thou ... ght that they could easily prove intoxication. I presented evidence to the prosecutors that she was exhausted from caring for her grandchildren and that she suffered from numerous physical ailments. They eventually came around and moved to dismiss.

Domestic violence

Family Violence Case

Jun 01, 2010

OUTCOME: Dismissal

My client was accused of assault by his wife and had been thrown in jail with an excessively high bond. I convinced the judge to release him on personal bond after demonstrating that the accusations i ... n the police report were unfounded. Due to his immigration status, any admission of wrongdoing could have resulted in his removal from the United States. After demonstrating to the prosecutors that his wife had made numerous inconsistent statements and had admitted that she had fabricated the entire incident, the State dismissed his case.

Juvenile law

Juvenile Assault Charge Not Warranted

Apr 01, 2009

OUTCOME: Dismissal

My client was a 13 year old girl accused of fighting in school. The State offered a deferred disposition but my client was insistent that she was not guilty, so we set the case for trial. Two weeks b ... efore trial, I asked the prosecutor to take a look at the school surveillance video. The video clearly showed my client was backed into a corner and was clearly defending herself. Despite the prosecutor's insistence that my client was guilty, she ultimately dismissed the case the day before trial.

Paul Holt Walcutt's Legal Cases (26)

.108 Breath Test Case Dismissed

16 year old Criminally Negligent Homicide case dismissed for Speedy Trial Violation

Theft of Property

Sleeping does not necessarily equal intoxication

Family Violence Case

Juvenile Assault Charge Not Warranted