Criminal Defense Case Results in Comal, TX

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.

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.

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.

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.

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.

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.

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.

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.

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.

Charge

DWI with Child Passenger (Felony)

Location

Comal County, 433rd District Court

Allegations

Officers contacted the client while the car was parked with hazard lights on, engine off, and a minor passenger inside. Communication and instructions were given only in English, despite the client primarily speaking Spanish. Field sobriety tests were performed and blood was drawn by warrant, but the sample later reflected a low alcohol level. We attacked the element of operation, highlighted the language barrier undermining the tests, and noted issues with the vehicle's operability. Faced with these weaknesses, the state agreed to reduce the charge to a lesser offense.

Charge

DWI (BAC Over .15)

Location

Comal County, County Court at Law 2

Allegations

Police encountered our client on foot, separated from a vehicle that was later associated with the incident. The officer never observed any driving and even conducted sobriety checks on another person, creating confusion about who operated the car. We dissected the reports and bystander statements and underscored the gaps in the timeline. Despite a reported breath result around .16, we focused the defense on the lack of proof of operation and the inconsistent accounts gathered at the scene. We pressed these weaknesses with the prosecutor. The state agreed to reduce the charge.

Charge

Assault - Family Violence

Location

Comal County

Allegations

Police responded to a domestic disturbance at a residence where several friends had gathered, and our client was arrested for assault after drinking and recalling little of the incident. We got involved early, obtained the emergency protective order and moved to correct it so he could access his home and pets. We gathered written statements from witnesses describing a brief argument with no clear assault, and secured a notarized statement from the complainant that she no longer lived there and did not wish to pursue charges. After we pressed the State with these issues, the case was dismissed.