Criminal Defense Case Results in Hays, TX

Charge

Unlawful Carrying of a Weapon

Location

Hays County, County Court at Law #1

Allegations

After a traffic collision, officers searched the vehicle and found a handgun inside the closed center console. The client was charged with unlawful carrying even though the firearm was not on their person. We obtained the reports and video, scrutinized how the weapon was discovered, and challenged whether the statutory elements could be proved. Leveraging those issues, we opened negotiations. The client agreed to forfeit the firearm, and the prosecution dismissed the UCW case.

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Criminal Trespass of a Habitation (Class A)

Location

Hays County, County Court at Law #2

Allegations

Police filed a criminal trespass charge after an argument at a residence. The client had traveled to see the children and had been invited by the resident to stay at the home. We reviewed the reports and timeline and established that he was a lawful guest and spouse, not someone who entered without consent. We pressed that consent issue with the prosecutor, emphasizing the State could not meet its burden on lack of effective consent. The prosecution dismissed the trespass case.

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Criminal Mischief

Location

Hays County, County Court at Law #2

Allegations

During a dispute at a residence, a garage window was broken and our client was charged with criminal mischief. We obtained the police reports and confirmed he had been an invited guest when the incident unfolded. Within days, he replaced the window and paid for the repair. We supplied receipts and proof of reimbursement and emphasized that the damage occurred amid a chaotic scene, not as an intentional act to cause loss. With restitution complete and no independent evidence of criminal intent, the prosecutor dismissed the case.

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Sexual Assault

Location

Hays County, 428th District Court

Allegations

After a brief dating relationship ended, the complainant later alleged nonconsensual conduct and our client was charged. The report was delayed, and the timeline shifted between the initial report and a detective follow up. We secured the full discovery, including the probable cause affidavit, body worn camera, interviews, and cell phone media, then mapped a detailed chronology. Comparing each statement and file, we documented significant inconsistencies and no corroboration of force. We pressed these weaknesses and prepared to litigate. The State dismissed the case.

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Duty on Striking Structure, Fixture, or Highway Landscaping

Location

Hays County, CCL2

Allegations

On a rainy night, our client lost a windshield wiper and, with limited visibility, missed a turn and went off the roadway into brush. He got the car moving again despite bumper and tire damage and was later contacted by police. Officers claimed he had hit a fence and left, filing a duty on striking structure charge. We reviewed the video, 911 log, and reports, found no identified property owner, no documented fence damage, and shifting descriptions of what was struck. We presented those gaps to the prosecutor, and the case was dismissed.

Charge

Unlawful Carrying of a Weapon

Location

Hays County, CCL1

Allegations

The client was contacted by police while asleep in a parked vehicle. After being questioned, he disclosed a pistol stored in a bag in the back seat, and officers found it during a search tied to a separate arrest. Prosecutors filed UCW on the theory that he possessed a gun while committing another offense. We obtained the reports and video, highlighted that the firearm was secured and not readily accessible, and challenged the link between the weapon and the predicate offense. After pressing these issues with the prosecutor, the UCW was dismissed.

Charge

Unlawful Carrying of a Weapon

Location

Hays County, County Court at Law #1

Allegations

After a minor crash and arrest, officers discovered a personal handgun in our client's vehicle and added an unlawful carrying allegation based solely on the circumstances of the stop. We obtained the reports and video, scrutinized how the firearm was found, and documented that it was lawfully owned and secured. We pressed the state on the legal elements and the lack of any independent weapon-related conduct, and highlighted inconsistencies in the paperwork. Faced with those issues and our readiness to litigate, the prosecutor dismissed the case.

Charge

Reckless Driving

Location

Hays County, CCL2

Allegations

The client was arrested after briefly driving on the shoulder in heavy traffic while urgently trying to reach a restroom. An officer merging onto the highway claimed the maneuver and the vehicle's speed showed reckless disregard, and the car was impounded. We gathered the police paperwork, highlighted the lack of dangerous weaving or near misses, and presented the medical context and the client's clean history. We also helped the client promptly start community service. After negotiations, the state reduced the case to a lesser traffic offense with straight probation.

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Felony Motion to Revoke Probation

Location

Hays County, 453rd District Court

Allegations

The client was on deferred probation for a felony when months of missed check-ins led to a warrant. They were later arrested during a police contact after an ID check. We filed notice of representation, obtained the probation file, and secured time to address the allegations. We showed there were no new charges, verified employment, and explained mail issues from unstable housing, then outlined a plan to finish conditions. The State agreed to continue supervision, and the court returned the client to deferred adjudication.

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Felony Motion to Revoke Probation

Location

Hays County, 22nd District Court

Allegations

The client faced a felony motion to revoke probation stemming from an older intoxication assault case. Allegations included a brief positive interlock reading likely caused by a prescribed dental rinse, an admission to limited drinking during a stressful period, and a UA flagged for methadone the client denied. We obtained pharmacy records and interlock logs showing the high reading cleared within minutes, gathered counseling attendance and proof of completed requirements, and forced production of the revocation paperwork and test data. With the evidentiary gaps exposed and strong mitigation in place, the prosecution dismissed the revocation.

Charge

Felony Motion to Revoke Probation

Location

Hays County, 22nd DC

Allegations

While on felony probation, a motion to revoke alleged an alcohol violation tied to an interlock reading and a UA that flagged methadone, which the client denied. We obtained the revocation paperwork, probation records, and ignition interlock logs, then secured pharmacy proof of a prescribed alcohol-based mouthwash. The IID data showed a quick shift from violation to clean, consistent with mouthwash rather than drinking. We challenged the UA’s reliability and documented ongoing meeting attendance and overall compliance. After presenting these issues and mitigation, the State dismissed the motion to revoke.

Charge

Unlawful Carrying of a Weapon

Location

Hays County, CC2

Allegations

Officers approached a parked vehicle in a commercial lot and detained the driver during an unrelated investigation. They found a handgun in the center console and filed an unlawful carrying charge. We obtained the videos and reports, showing the firearm was lawfully owned and the client had a valid carry license. We challenged the basis for the detention, the scope of the search, and whether the statute applied. Leveraging those issues, we negotiated forfeiture of the seized firearm. The state dismissed the UCW case.