Criminal Defense Case Results in Comal, TX

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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 With mitigation and documentation in hand, the motion was withdrawn and the case was dismissed.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
CASE DISMISSED

Charge

Felony Motion to Revoke Probation

Location

Comal County

Allegations

While on felony probation, the client faced a motion to revoke after a domestic incident during a mental health crisis. We obtained and reviewed the incident materials and probation records, then broke down what the state claimed were violations. The evidence did not show willful noncompliance with the key conditions. We emphasized the mental health context and the lack of reliable proof of a violation. Following our advocacy with the prosecutor, the motion to revoke was dismissed.

Result

Case Dismissed

Aug 2025 Attorney: James Fletcher
CASE DISMISSED

Charge

Public Intoxication

Location

Comal County, NBMC

Allegations

During a traffic stop, our client was a passenger while the driver was arrested for DWI. Officers separated the occupants, asked about drinking, and our client acknowledged having alcohol earlier, then declined further questions and complied with instructions to sit on the curb. No field sobriety tests were given, and the client remained calm and cooperative. We emphasized the absence of objective signs of impairment or danger and the lack of probable cause for a PI arrest. The state dismissed the case.

Result

Case Dismissed

Aug 2025
PROBATION

Charge

Felony Motion to Revoke Probation

Location

Comal County, 466th District Court

Allegations

The client was on felony community supervision for a financial offense when probation alleged violations tied to missed drug tests and a single admitted use. Probation pushed for inpatient rehab and secured a pickup order after the client did not report to the facility. We filed to modify the conditions, compiled counseling records, prepared the treating counselor to testify that inpatient care was unnecessary, documented that one missed test coincided with the office closing, and highlighted the impact on childcare and employment. After the hearing, the court kept the client on probation.

Result

Probation

Jul 2025 Attorney: Monica Khirallah

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