Criminal Defense Case Results in Comal, TX

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CASE DISMISSED

Charge

Theft of a Firearm

Location

Comal County, 207th District Court

Allegations

Officers responded to a call after a shot was fired on private property and, after checking a serial number, claimed our client’s firearm was listed as stolen. The gun was a long‑time family heirloom, acquired well before the client was alive. We secured the reports, dug into the chain of ownership, and showed the theft entry was decades old and never cleared, with no current complaining owner. We pressed the prosecution on the lack of evidence that our client stole anything. The state dismissed the case, and we advised the client on recovering the seized property.

Result

Case Dismissed

Sep 2026 Attorney: Monica Khirallah
CASE DISMISSED

Charge

Aggravated Assault with a Deadly Weapon

Location

Comal County, 22nd District Court

Allegations

Police arrested our client after a domestic incident where officers alleged a kitchen knife was displayed. The client had a documented traumatic brain injury and, on the same day, was treated for a urinary tract infection that caused acute confusion. We gathered hospital records, prior neuro documentation, and evidence of recent falls, and the complaining witness signed an affidavit of non-prosecution. We moved to modify the protective order and addressed bond, securing release on a personal recognizance bond for medical care. After we presented the full medical context and lack of ongoing risk, the prosecution dismissed the case.

Result

Case Dismissed

Sep 2026 Attorney: Monica Khirallah
CASE DISMISSED

Charge

Public Intoxication

Location

Comal County, JP3

Allegations

Police arrested our client for public intoxication at a crowded festival after claiming the client was unsteady and alone. We obtained the body camera video and offense report, which showed the client standing calmly in a crowd, attempting to call contacts for a safe ride but struggling with cell service. We highlighted the absence of any complainant, the lack of documented field testing, and that the footage did not show the client was a danger to self or others. After pressing these evidentiary gaps with the prosecutor and preparing for trial, the State dismissed the case.

Result

Case Dismissed

Sep 2026 Attorney: Monica Khirallah
CASE DISMISSED

Charge

DWI - Third Offense

Location

Comal County, 433rd District Court

Allegations

Police were dispatched to a parking lot after a caller reported a crash. When officers arrived, our client was in a parked truck that was undamaged, the engine off and keys in his pocket. He declined field tests and was taken for a blood draw. We obtained the 911 records, videos, and warrant paperwork and focused on two core issues, the lack of reasonable suspicion once no crash or violation existed, and the State’s inability to prove operation. We drafted a suppression motion and made clear we were ready to litigate. Confronted with those defects, the prosecution dismissed the case.

Result

Case Dismissed

Sep 2026 Attorney: Monica Khirallah
CASE DISMISSED

Charge

DWI - First Offense

Location

Comal County

Allegations

Officers found our client asleep in the driver’s seat of a parked vehicle in a residential lot. The engine was off, the push to start key was in a pocket, and only the radio was on. No one saw any driving, yet he was arrested for DWI and later provided a breath sample at the station. We secured the body camera and police reports and emphasized the absence of evidence that he was operating the vehicle at the time of contact. After sustained pressure and negotiations based on those deficiencies, the prosecution dismissed the case.

Result

Case Dismissed

Sep 2026 Attorney: Marissa Giovenco
CASE DISMISSED

Charge

Possession of a Controlled Substance (State Jail Felony)

Location

Comal County, 466th District Court

Allegations

The client was stopped for an alleged improper signal during a U-turn. The officer noticed an open container, conducted roadside tests, and then searched the vehicle despite the client not consenting. In a backpack, officers reported finding a small amount of suspected cocaine, leading to a state jail felony charge. We obtained the dash and body camera footage and scrutinized the basis for the stop and the legality and scope of the search. We presented these problems to the prosecution and pressed the issues. The state dismissed the felony case.

Result

Case Dismissed

Sep 2026 Attorney: Monica Khirallah
DEFERRED ADJUDICATION

Charge

Bail Jumping

Location

Comal County, 207th District Court

Allegations

The client missed a court setting while dealing with serious medical issues and a scheduled procedure, and was later arrested on the resulting warrant for bail jumping. We obtained and organized extensive hospital records and letters from his providers explaining the conflict and timeline. We presented this mitigation to the prosecutor to show he was not trying to evade court and outlined a plan for strict future compliance. The case was resolved with deferred adjudication on the misdemeanor, avoiding a conviction and additional jail.

Result

Deferred Adjudication

Sep 2026 Attorney: Monica Khirallah
DEFERRED ADJUDICATION

Charge

Theft - Felony

Location

Comal County, 207th District Court

Allegations

An older felony theft case alleged the client took another person's payment card. Once we were retained, we obtained the discovery, compared the narratives in the reports, and compiled extensive medical records documenting ongoing surgeries and treatment needs. We presented a detailed mitigation package and pushed for a resolution that preserved access to care and avoided incarceration. The state agreed to deferred adjudication, keeping a conviction off the client’s record while they complete probation.

Result

Deferred Adjudication

Sep 2026 Attorney: Monica Khirallah
PROBATION

Charge

DWI - Second Offense

Location

Comal County, County Court at Law 2

Allegations

Police found the client parked in a lot after pulling over to rest. After being awakened by officers, the client showed signs of intoxication, performed field sobriety tests, and later gave a breath sample at the jail. An open container was noted. We secured the video and reports, pointed out inconsistencies in the observations, and emphasized that the client had stopped driving to avoid risk. With that leverage and mitigation, we negotiated a resolution for straight probation, keeping the client out of jail.

Result

Probation

Sep 2026 Attorney: Kaytlyn Knowles
REDUCTION + TIME SERVED

Charge

Possession of a Controlled Substance (Felony)

Location

Comal County, 466th District Court

Allegations

Police encountered our client while he and others were clearing out storage units purchased at auction. Officers detained everyone and searched the truck and trailer after consent was refused, then pulled a bag from the mixed contents and treated it as the client’s. We challenged the legality of the search, the weak nexus tying the bag to our client, and bodycam footage showing the client away from the vehicle. Ongoing lab discovery issues and a co-defendant’s later plea added leverage. The state reduced the charge, and the client received credit for time served.

Result

Reduction + Time Served

Aug 2026 Attorney: Marissa Giovenco
DEFERRED ADJUDICATION

Charge

Possession of Drug Paraphernalia

Location

Comal County, JP3

Allegations

During a traffic stop, the officer approached the passenger side and saw a grinder, a pipe, and loose plant material sitting in plain view. The items were seized and a citation for possession of drug paraphernalia was issued, with no arrest. We stepped in, requested dash and body camera video, and scrutinized the basis for the stop and the plain view seizure. Leveraging the footage and the client’s clean history, we pressed negotiations with the prosecutor. The case resolved with deferred adjudication on short terms, keeping a conviction off the record upon completion.

Result

Deferred Adjudication

Aug 2026 Attorney: Marissa Giovenco
PROBATION

Charge

DWI - First Offense

Location

Comal County, CC2

Allegations

Police stopped our client for a traffic signal violation and escalated to a DWI investigation. He was put through multiple rounds of field sobriety tests by several officers, declined a breath test, and a blood draw was later taken under a warrant. Reports also mentioned an open container. We pulled the videos and paperwork and attacked the length of the detention and the way the tests were administered, pressing the state on probable cause and evidentiary gaps. The state would not dismiss, but we leveraged those problems into straight probation with no jail and manageable conditions.

Result

Probation

Aug 2026 Attorney: Marissa Giovenco

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