Criminal Defense Case Results in Houston, TX

Charge

DWI - First Offense

Location

Brazoria County, CC2

Allegations

After a beach gathering, the client drove along sand, missed an exit, and struck a parked vehicle. No injuries were reported at the scene. Officers noted possible intoxication, conducted the eye-tracking test, and later obtained a consensual blood draw. We secured the videos and reports, highlighting the crash with airbag deployment, the unstable surface where evaluations occurred, and the absence of standardized walk-and-turn or one-leg tests. Using those points and holding the state to its proof on the blood, we negotiated deferred probation.

Charge

DWI - First Offense

Location

Montgomery County, CCL5

Allegations

After a single vehicle crash, the client was arrested for DWI following field tests and a refusal of breath testing. Officers obtained a blood warrant, but the first draw at the jail failed and a second was taken hours later at a hospital. The on scene body camera was missing, and the report conflicted with what was said about the client’s performance on the tests. We challenged the reliability and timing of the blood evidence and highlighted gaps in the state’s proof. Facing those problems, the prosecution agreed to reduce the charge and accept a time served sentence.

Charge

Assault on a Peace Officer

Location

Harris County, 185th DC

Allegations

Officers responded to a shots-fired call, saw a firearm in a parked car associated with the residence, and knocked on the door. The individual declined to step outside, and when an officer stepped in and pulled him out, a brief struggle followed. Police alleged he struck an officer, but the bodycam we obtained showed no clear punch and cut off during the scuffle, while another officer only displayed a Taser. We raised issues with the entry and the strength of the proof, leveraging the gaps in the video and reports. The case resolved with deferred probation and program requirements, keeping a conviction off the record if completed.

Charge

Aggravated Assault with a Deadly Weapon

Location

Harris County, 482nd DC

Allegations

According to reports, a dispute at a repair shop escalated when the client displayed a pocketknife and employees said they felt threatened. No one was injured and the event was not captured on usable video. We obtained the reports and identifications, then built mitigation with treatment records for alcohol use, documented mental health diagnoses, and a lack of violent history. We communicated progress to the prosecutor and pressed the weaknesses in corroboration. The state offered deferred probation, avoiding a felony conviction while the client continues treatment.

Charge

Evading Arrest or Detention With Prior Convictions (State Jail Felony)

Location

Brazoria County, 149th District Court

Allegations

The case began after officers tried to stop a car leaving a shopping area. The driver took off, later jumped out, and our client moved into the driver’s seat and drove a short distance before stopping. She was arrested for evading in a vehicle, and the State sought an enhancement based on older convictions. We pressed for dash and body camera footage and nearby surveillance and raised questions about who initiated the flight, while assembling a mitigation packet showing the client’s caregiver responsibilities. After sustained negotiations, the State agreed to deferred probation.

Charge

Assault on a Peace Officer

Location

Fort Bend County, 502nd District Court

Allegations

Officers responded to a disturbance at a residence where the client had been drinking. After he opened the door, they moved to detain him and placed him in handcuffs inside the home. While being escorted outside, an officer fell and the client was accused of assaulting a peace officer. We got involved early, demanded the evidence, and documented that any contact occurred after he was cuffed and in the officers’ control. We pressed the state on whether they could prove intentional or knowing contact and causation of injury. Faced with those proof problems, the prosecution dismissed the case.

Charge

DWI - Third Offense

Location

Harris County, 262nd Criminal Court

Allegations

After a traffic stop for drifting within a lane, the client was arrested for a third DWI. They declined breath testing and a blood sample was later taken by warrant. We obtained the dash and body-cam video, showing officers wavering on whether clear signs of intoxication existed and noting problems with how field tests were instructed and performed. We then attacked the blood work, scrutinizing the warrant, draw procedure, and the lab’s maintenance and calibration records. Using those weaknesses, plus testimony from the license hearing, we pressed the state to reduce the case to a lower level offense with straight probation, avoiding a felony conviction.

Charge

DWI - Third Offense

Location

Montgomery County, 435th DC

Allegations

After a rear-end collision, the client was arrested for a third DWI. They admitted to drinking a few beers and performed roadside sobriety tests, then were taken to a hospital due to airbag deployment. No blood was drawn and no station breath test was administered. We secured discovery, scrutinized the roadside testing in light of the crash, and challenged how prior cases were being used for enhancement. Leveraging those issues, we negotiated straight probation and kept the client out of prison.

Charge

Unlawful Carrying of a Weapon

Location

Harris County, County Criminal Court at Law No. 4

Allegations

Following a traffic stop, our client told the officer there was a firearm secured in the glove box. The officer searched the vehicle and recovered it, leading to an unlawful carrying charge. We challenged the basis for the stop and the scope of the search, noting the weapon was stored out of immediate reach and that there was no body camera audio to confirm key instructions. We reviewed the dash video and documented gaps in the evidence. After sustained pressure and suppression arguments, the prosecution dismissed the case.

Charge

DWI - First Offense

Location

Brazoria County, County Court at Law #4

Allegations

Officers stopped the client after a 911 tip about a silver SUV. The caller never gave a plate, changed descriptors, and dispatch appeared to supply locations, and there was no video of the alleged traffic infraction. The client cooperated and chose a blood test that later showed a moderate BAC. We obtained the recordings and reports, challenged the thin link between the tip and the stop, and pressed the State on the missing stop video. With that leverage, we negotiated deferred probation with limited interlock and reduced terms, keeping a conviction off the record.

Charge

Civil Asset Forfeiture - Vehicle Seizure

Location

Harris County, 189th District Court

Allegations

After a highway stop where officers alleged street racing, the client’s car was seized and a civil forfeiture suit was filed. We obtained the seizure file, requested the dash and body camera footage, and reviewed the property inventory. We pressed the State on the lack of a solid nexus between the allegation and forfeiture, and raised proportionality concerns under the excessive fines clause. Confronted with these evidentiary and constitutional issues, the State dismissed the forfeiture action.

Charge

Criminal Trespass (Misdemeanor)

Location

Montgomery County, CCL5

Allegations

Police were called after a resident reported someone on an ATV in an open tract near a neighborhood. Our client had become stuck in a muddy drainage area and, when told to leave, tried but could not get the ATV out. He was detained and cited for criminal trespass along with another charge. We obtained the bodycam and 911 audio, surveyed the location, and reviewed property and plat records. With no clear fencing or signage, and video showing his attempts to depart, we challenged the elements. The prosecutor dismissed the trespass.