Criminal Defense Case Results in Comal, TX

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CASE 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.

Result

Case Dismissed

May 2026 Attorney: Monica Khirallah
DEFERRED PROBATION

Charge

Minor in Possession of Alcohol

Location

Comal County, JP4

Allegations

After a traffic stop for speeding following a day at the river, the client was cited for an underage alcohol offense rather than arrested. A sober driver was arranged and no chemical tests were taken. We entered the case quickly, verified the court’s requirement for a personal appearance, reviewed the citation and docket, and obtained a reset to create room to negotiate. We emphasized evidentiary gaps between consumption and possession and pressed for a nonconviction resolution. The matter concluded with deferred probation, keeping a conviction off the client’s record.

Result

Deferred Probation

Mar 2026 Attorney: RC Pate
CASE DISMISSED

Charge

Accident Involving Damage Over $200

Location

Comal County, None

Allegations

Following a crash, the client left without realizing there was reportable damage. Family later saw visible injuries and the client went to a hospital, where facial fractures were documented. He was then arrested for accident involving damage. We reconstructed the timeline and prepared written submissions to the DA that highlighted the documented injuries and the lack of awareness of any damage. The prosecutor filed a nonprosecution affidavit, and the case was dismissed.

Result

Case Dismissed

Jan 2026 Attorney: RC Pate
DEFERRED PROBATION

Charge

Public Intoxication

Location

Comal County, New Braunfels Municipal Court

Allegations

The client was arrested for public intoxication after officers alleged visible impairment in a public area. We obtained the report, scrutinized the elements of the offense, and opened negotiations. The client asked about time served, but the state would not agree and the court would only consider it after a plea, creating real risk of a higher fine. We highlighted steps the client had already taken and pressed for leniency. The case resolved with deferred probation, a short class requirement, and no conviction.

Result

Deferred Probation

Dec 2025 Attorney: RC Pate
CASE DISMISSED

Charge

Unlawful Carrying of a Weapon

Location

Comal County, CC2

Allegations

After a traffic stop for an expired registration, officers said they smelled marijuana, searched the car, and found a small amount of THCA along with a pipe and a handgun in the center console. The state filed an unlawful carrying case on the theory that the weapon was carried while committing another offense. We reviewed the reports and video, raised the testing problem of THCA converting to THC, and challenged whether the items could qualify as drug paraphernalia at all. Without a provable predicate offense, their UCW case collapsed. The prosecution dismissed the charge.

Result

Case Dismissed

Dec 2025 Attorney: RC Pate
CASE DISMISSED

Charge

Misdemeanor Motion to Revoke Probation

Location

Comal County, CC2

Allegations

The client faced a motion to revoke after probation reported alleged ignition interlock positives and late fee payments. We obtained the discovery and device logs and found the paperwork inconsistent, with one alleged event unsupported. We compiled proof of compliance, including clean alcohol tests, completion of required classes and community service, up-to-date payments, and enrollment in additional counseling. After presenting the evidentiary gaps and the client’s rehabilitation record, the state dismissed the motion.

Result

Case Dismissed

Dec 2025 Attorney: RC Pate
CASE DISMISSED

Charge

Misdemeanor Motion to Revoke Probation

Location

Comal County, CC1

Allegations

The client was facing a motion to revoke probation tied to an older DWI case. After traveling for work, they believed everything was finished except a small unpaid balance, but the petition also claimed missed classes, community service, check ins, and a dirty test. We pulled the probation file, verified what had and had not been done, and opened talks with the prosecutor. We arranged immediate completion of the remaining classes and service, obtained a clean UA, and provided proof. With those issues cured, the state dismissed the motion.

Result

Case Dismissed

Nov 2025 Attorney: RC Pate
CASE DISMISSED

Charge

Misdemeanor Motion to Revoke Probation

Location

Comal County, CC3

Allegations

While on deferred probation for a misdemeanor, the client was hit with a motion to revoke based on a string of ignition interlock violations and a push for an ankle monitor. We pulled the device logs, vendor incident reports, and tow and battery records that showed repeated malfunctions and contamination events. We also compiled proof of clean tests, completed classes, and steady community service. After disputing the reliability of the readings and signaling we were ready to litigate, the state backed off and dropped the motion. The MTRP was dismissed and the client avoided jail and new conditions.

Result

Case Dismissed

Nov 2025 Attorney: RC Pate
CASE DISMISSED

Charge

Failure to Identify

Location

Comal County, County Court

Allegations

During an encounter with officers near a public waterway, the client was accused of failure to identify after giving a shortened last name and an incorrect birth date. Before the officer discovered the issue, she immediately corrected the information. We documented her consistent use of a single surname in everyday records and showed there was no intent to mislead, only confusion over a hyphenated name. We pressed the state on its ability to prove the elements beyond that brief mistake. The prosecution dismissed the case.

Result

Case Dismissed

Oct 2025 Attorney: RC Pate
CASE DISMISSED

Charge

Misdemeanor Motion to Revoke Probation

Location

Comal County, CC1

Allegations

The client was on probation for a prior DWI when the State filed a motion to revoke, alleging a positive drug test. He turned himself in, bonded out, and began addressing compliance, including AA meetings, community service, and completing an intensive outpatient program. We gathered his treatment completion records and probation documents, verified recent clean progress, and built a mitigation packet. After resetting the hearing and presenting this to the prosecutor, the State dismissed the motion.

Result

Case Dismissed

Sep 2025 Attorney: RC Pate
CASE DISMISSED

Charge

Misdemeanor Motion to Revoke Probation

Location

Comal County, CC2

Allegations

While on misdemeanor probation from a prior case, an out-of-county supervision issue led to a motion to revoke alleging noncompliance. The client reported hurdles with the supervising office but had been attending recovery meetings and working through required classes. We gathered proof of those efforts, addressed reporting gaps with community supervision, and pressed the prosecutor on whether the alleged violations were supported. With mitigation and documentation in hand, the motion was withdrawn and the case was dismissed.

Result

Case Dismissed

Sep 2025 Attorney: RC Pate
CASE DISMISSED

Charge

Open Container of Alcohol

Location

Comal County, None

Allegations

During a traffic stop, deputies reported finding two open alcoholic beverages inside the vehicle and issued an open container citation. We obtained the patrol video, bodycam, and reports, and focused on how the containers were discovered, documented, and tied to the driver. The footage and paperwork lacked clear proof of who possessed them or when they were opened. We pressed these evidentiary problems with the prosecutor and made clear we were ready to litigate. The State dismissed the case.

Result

Case Dismissed

Aug 2025 Attorney: RC Pate

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