Criminal Defense Case Results in Comal, TX

Charge

Possession of a Controlled Substance (Felony)

Location

Comal County, DC274

Allegations

The client was contacted by police while sitting in a parked car after a caller reported possible suspicious activity. Officers searched the vehicle and found a small bag of methamphetamine, alleged to be under one gram, leading to a felony possession charge. We challenged the justification for the vehicle search and highlighted mitigating factors, including no prior record and a significant delay in filing. After sustained negotiations, the prosecutor agreed to place our client in pretrial diversion.

Charge

Assault - Family Violence (Misdemeanor)

Location

Comal County, CC1

Allegations

Police were called to a residence after a late night of drinking. The client was accused of choking and striking a person who lived there. He suffered a broken nose, had little memory of events, and there were no independent witnesses, with both parties intoxicated. We obtained the 911 call, bodycam, hospital records, and the police report, highlighting evidentiary gaps and the client’s injuries. After sustained negotiations, prosecutors agreed to reduce the charge to a lesser misdemeanor with probationary terms.

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.

Charge

DWI - Second Offense

Location

Comal County, CC3

Allegations

Stopped after pulling out of a lot without headlights, the client admitted to drinking and was arrested after field sobriety tests. A blood draw reported a BAC just over .15, and the case was filed as a Class A DWI with prior history raising the stakes. We obtained the video, which showed only a brief period of driving, and scrutinized the FSTs and the basis for the stop. We also had the client complete DWI education and related steps early. Leveraging those mitigations, we pressed the state and secured a reduction to a Class B DWI with deferred probation.

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.

Charge

Possession of Marijuana

Location

Comal County, None

Allegations

During a traffic stop for a minor registration issue, officers claimed an odor of marijuana and found a very small amount of plant material with retail packaging labeled THCA. The client consistently maintained it was a legal hemp-derived product, not illegal marijuana. We obtained the reports and video, scrutinized the basis for the search, and focused on the identity of the substance. We pressed the state to produce reliable lab testing and flagged methods that can convert THCA to THC. Without conclusive proof of illegal THC, the prosecution dismissed the case.

Charge

DWI - First Offense

Location

Comal County, CC 1

Allegations

Police stopped our client for alleged weaving and an improper stop at a light. He had roughly two to three drinks over several hours at a local brewery before the stop. Field sobriety tests were done on a cold night while he was visibly shaking, and he reported anxiety and blood pressure medications. He agreed to a breath test, was not given a number at the scene, and later received a license suspension notice. We challenged the basis for the stop and the testing conditions, highlighted medical factors, and negotiated deferred probation to avoid a conviction.

Charge

DWI (BAC Over .15)

Location

Comal County, CC2

Allegations

The client was arrested for DWI after a single-vehicle motorcycle incident. A hospital blood draw later reported a BAC over .15, and records showed the sample had to be redrawn multiple times due to contamination issues. We obtained the videos and the crash report, dissected the sequence of events, and pressed the state on chain of custody and the reliability of the medical testing. At the same time, we compiled mitigation, including verified AA attendance and other sobriety efforts. The combined pressure led to a negotiated resolution for straight probation.

Charge

DWI - First Offense

Location

Comal County, None

Allegations

After a minor crash at an intersection, officers arrived and questioned the occupants of a pickup. The client admitted to drinking earlier, an open container was noted, field sobriety tests were performed, and a consensual blood draw followed, leading to a DWI arrest. We investigated who was actually behind the wheel and obtained statements from other occupants that contradicted the incident report. Those inconsistencies made the identification of the driver unreliable and undercut probable cause to proceed. The prosecution dismissed the case.

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.

Charge

DWI - First Offense

Location

Comal County, CC2

Allegations

The stop began when the passenger briefly opened and closed a door at a light, which the officer deemed suspicious. The client consented to a vehicle search and nothing was found. A second officer then noted an odor of alcohol, conducted field sobriety tests, and a breath test was taken hours after the stop. We challenged the basis for the stop and emphasized the delay between driving and testing. Leveraging these issues in negotiations, we secured deferred probation.

Charge

DWI - First Offense

Location

Comal County, None

Allegations

After a traffic stop for failing to signal, the client admitted to two small bottles of wine and had earlier taken a prescribed anti-anxiety medication. They struggled on the roadside tests, declined a breath test, and officers obtained a blood warrant. We emphasized how the medication and physical coordination issues undermined the reliability of the field tests and presented other mitigating factors. We negotiated an agreement for dismissal upon completion of a DWI education course and a victim impact panel. Once the classes were completed, the state dismissed the case.