Criminal Defense Case Results in Comal, TX

Charge

Possession of a Controlled Substance (State Jail Felony)

Location

Comal County, 433rd District Court

Allegations

Stopped for a lighting issue, the client consented to a search and officers found a small amount of LSD. They were released with an understanding to cooperate with narcotics investigators, but no follow up came. Over a year later an old warrant triggered an arrest on a state jail felony. We scrutinized the stop, the lab chain of custody and the long delay, then backed negotiations with a clean hair test and strong character letters. The state agreed to deferred probation, keeping a conviction off the record if the terms are completed.

Charge

Aggravated Assault with a Deadly Weapon

Location

Comal County, DC466

Allegations

Police responded to a welfare check after a domestic dispute at a residence. Our client reported being prevented from leaving, the argument escalated, and a handgun was displayed, but no shots were fired and no one was injured. The arrest rested largely on a single account with no independent witnesses. We scrutinized the reports and probable cause affidavit, emphasized the absence of injuries, and documented that the complainant was not pursuing prosecution. The case went to a grand jury, which returned a no-bill, and the charge was dismissed.

Charge

Misdemeanor Motion to Revoke Probation

Location

Comal County, CC1

Allegations

The client was on misdemeanor probation when a motion to revoke was filed after an interlock incident and a hair follicle screen that purported to show alcohol use. We obtained the lab records, pressed for the methodology and cutoffs, and compared them to a run of clean UAs before and after. We documented substantial compliance with probation and completion of treatment, and presented a benign explanation involving alcohol based supplements. We prepared to challenge the reliability of the hair test and pushed those evidentiary issues in negotiations. The prosecution dismissed the motion.

Charge

DWI - First Offense

Location

Comal County, County Court at Law 2

Allegations

Officers responded to a rear-end crash and questioned our client, who admitted drinking earlier while traveling. Only partial roadside tests were attempted after an airbag deployment and chest pain, and a hospital blood draw later reported a very high BAC. We reviewed the videos and reports, flagged how injuries and stress impacted testing, and scrutinized the warning and consent process. We also built mitigation, documenting months of AA, consistent sobriety monitoring, completion of required classes, and character support. The state agreed to probation, avoiding jail.

Charge

DWI - First Offense

Location

Comal County, County Court at Law 2

Allegations

After a traffic stop for exiting a one-way street the wrong direction, the client was investigated for DWI. Field sobriety tests on video looked mostly steady, but a blood test later came back just under 0.15. We reviewed the footage, emphasized the nonessential questioning and the client’s test performance, and pressed those points in negotiations. Using the borderline BAC and evidentiary concerns, we secured deferred adjudication probation. Terms included required classes and an ignition interlock, avoiding a conviction on the record.

Charge

Possession of THC (State Jail Felony)

Location

Comal County, 433rd District Court

Allegations

Following a detention for public intoxication near a commercial area, officers discovered a vape pen the client had bought at a local shop and filed a felony THC possession case. We obtained the discovery and video, then focused on a key weakness: the lab reported delta 9 THC but did not quantify it, creating a gap in proof between illegal cannabis oil and legal hemp. We prepared to challenge the expert evidence and signaled we were ready to litigate. Leveraging those issues, we negotiated deferred probation, avoiding jail and keeping a conviction off the record upon successful completion.

Charge

DWI - Second Offense

Location

Comal County, CC3

Allegations

After a traffic stop for an alleged red light violation, officers noted poor performance on field sobriety tests and administered a breath test that required multiple tries before producing an unusually high reading. We scrutinized the breath testing process, emphasizing the repeated attempts and the mismatch with the client’s limited alcohol admission. We also presented strong mitigation: completed DWI education, a victim impact panel, substance abuse treatment, regular AA, and supportive letters. Using these points in negotiations, we secured a reduction to a lesser misdemeanor with straight probation.

Charge

Theft - Class A or B Misdemeanor

Location

Comal County, CC3

Allegations

Police filed a misdemeanor theft case after a store incident captured on surveillance. Loss prevention tied our client’s name to the suspect, but the video showed a different build, hairstyle, and clothing, and the vehicle in the report did not match our client’s car. We obtained discovery, pulled still frames, and compared them to the client’s driver’s license and current photos. We met with the prosecutor and pressed the misidentification, highlighting the unreliable identification and lack of corroboration. Faced with those problems, the state dismissed the case.

Charge

Open Container of Alcohol

Location

Comal County, New Braunfels Municipal Court

Allegations

During a contact near a public waterway, our client was cited for an open container violation after officers saw empty cans collected with a group's belongings. The police report showed the officer directed everyone to pick up litter, and the only container mentioned was associated with someone else. We obtained the citation and report, pointing out there was no observation of the client actually possessing alcohol. We challenged the sufficiency of the evidence and pressed the prosecution on the possession element. The case was dismissed.

Charge

Minor in Possession of Alcohol

Location

Comal County, New Braunfels Municipal Court

Allegations

Officers contacted a small group near a waterway and cited our client for minor in possession after noticing empty alcohol containers nearby. Police reports and available information showed the client never held alcohol, a companion had the only can in hand, and other empties were in someone else’s bag. Officers also had the group pick up cans from the area, further blurring who possessed what. We challenged the state’s ability to prove actual possession and the lack of any tie to our client. The prosecution dismissed the case.

Charge

Felony Motion to Revoke Probation

Location

Comal County, 207th DC

Allegations

After a long dormant case was revived, the state filed a felony motion to revoke probation and pushed for prison. We documented that our client had been actively reporting to supervision in another county, completed months of court-ordered treatment and testing, and served local jail time, then remained compliant. We gathered probation records, letters of support, and proof of paid fees, and arranged key witnesses to testify, including by Zoom. We challenged the state's diligence and highlighted missing lab results. At the contested hearing, the court found the allegations not true and denied revocation, resulting in a not guilty verdict.

Charge

Unlawful Carrying of a Weapon

Location

Comal County, None

Allegations

During a traffic stop, officers arrested our client and seized a handgun from the vehicle, leading to a UCW charge. We obtained the reports and video and found key problems: the officer who initiated the stop differed from the one who issued the citations, parts of the encounter were not recorded, and the basis for the search and seizure was thin. We pressed those issues with the prosecutor and prepared to litigate suppression. After multiple rounds of negotiation and disclosure requests, the state dismissed the UCW. The client walked away without a weapons conviction.