Criminal Defense Case Results in Montgomery, TX

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #5

Allegations

Stopped late at night for alleged speeding, our client was arrested for DWI even though she reported driving a small car about 50 mph. The officer said he smelled alcohol; she acknowledged two glasses of wine hours earlier and says she completed the field sobriety tests without issues. At the station multiple breath attempts failed to register, then a blood draw was taken, and an open container allegation appeared with no documentation. We pulled the dash and body cameras, challenged the basis for the stop, the FST instructions, and the lack of proof on the container and consent. Confronted with those weaknesses, the state agreed to reduce the charges.

Charge

Assault - Family Violence

Location

Montgomery County, CCL5

Allegations

Police were called after a domestic argument at a residence escalated. Both sides had been drinking. The complainant kicked our client, and he reflexively struck back, leading to an arrest for family-violence assault and a protective order issued by officers. We obtained the case materials and dissected the statements and recordings, emphasizing self defense and raising doubts about intent. After firm negotiations and setting the case for trial, the prosecution dismissed the charge.

Charge

Terroristic Threat

Location

Montgomery County, CCL4

Allegations

After a domestic argument at a residence, our client called 911 seeking help. Despite no injuries, officers arrested the client based solely on an allegation that a violent threat was made, which the client denied. We quickly requested the 911 recording and body cam footage and moved to address strict bond conditions. The complaining witness then signed an affidavit opposing prosecution and the no contact order. We presented it and underscored the lack of corroborating evidence while preparing for trial. The state dismissed the case.

Charge

Fleeing or Attempting to Elude a Police Officer

Location

Montgomery County, CCL1

Allegations

After a traffic stop for speeding, the client was accused of eluding when they continued past the lights to take the next exit. They turned on hazard lights, briefly tried the shoulder, then pulled into a lot where officers performed a high-risk stop. We obtained the police report, dashcam and body-cam video, which showed the hazards were on and the client was seeking a safe place to stop, not trying to flee. With no prior record and those facts, we challenged the state’s theory of intent and pushed back in negotiations. The prosecution agreed to reduce the charge to a lesser offense with straight probation.

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

After a traffic stop for speeding, the client was arrested for DWI following an admission to a few drinks and difficulty with a walk-and-turn. At the station, a breath test taken soon after the stop registered just over the legal limit. We focused on the short window between the last drink and the test, the fact that speeding alone is not an intoxication clue, and that only one field test was used. We leveraged these weaknesses in negotiations with prosecutors. The charge was reduced and the court ordered time served.

Charge

Assault - Family Violence (With Prior Conviction)

Location

Montgomery County, 9th Judicial District Court

Allegations

Police responded to a domestic dispute at a home and arrested our client for assault family violence enhanced by a prior. The complainant reported facial injuries, while our client maintained he never touched her. Bodycam showed both parties intoxicated, and our client had videos of her impaired and making accusations, with no assault captured. We demanded medical and EMS records and the phone data, and moved to suppress statements taken while he was in custody. Confronted with these issues, the prosecution agreed to deferred adjudication.

Charge

DWI - First Offense

Location

Montgomery County, CCL1

Allegations

After a traffic stop for alleged speeding, the client exited at the next off-ramp and was arrested for DWI. They declined field sobriety tests and indicated willingness to provide blood, but a dispute at the hospital led officers to secure a warrant instead. We pushed for dash and body camera footage and scrutinized the blood draw paperwork and chain of custody. With no roadside testing and questions about the stop and consent, we applied pressure in negotiations. The prosecution reduced the charge, and the case resolved with a sentence of time served.

Charge

Interference with Emergency Call

Location

Montgomery County, CCL4

Allegations

After a domestic disagreement in a moving vehicle, our client was accused of interfering with an emergency call. The caller told dispatch that our client was calm, and our client consistently denied trying to take the phone or stop the call. We highlighted the 911 audio and case reports to show there was no act that actually hindered the call and pointed out inconsistencies in the complainant’s accounts. The complainant later indicated he did not wish to pursue the case. Faced with these problems, the prosecution dismissed the charge.

Charge

Fleeing a Police Officer

Location

Montgomery County, CCL1

Allegations

During a highway traffic stop, officers activated their lights. The driver eased off the accelerator and continued a short distance to exit and stop in a well lit area. Despite that, he was arrested for fleeing a police officer after a felony stop. We obtained the dashcam and bodycam, which showed he immediately slowed and stopped at the first safe location, with no evasive maneuvers. We used that footage and the officer's report to demonstrate the allegation was unsupported. The prosecution dismissed the fleeing charge.

Charge

Violation of a Protective Order

Location

Montgomery County, CCL4

Allegations

After being released on bond from an earlier case, our client was given no contact and no go home conditions. She briefly returned to the residence to collect belongings and check on the children, and deputies re-arrested her for violating a protective order after the spouse called and referenced a doorbell video. We obtained the bond paperwork and court file to pin down exactly what orders were in place, and gathered messages showing a brief, non-confrontational visit. The complainant told us he did not want to pursue the matter. We presented those issues and pressed the DA, and the state dismissed the charge.

Charge

Theft (State Jail Felony)

Location

Montgomery County, 221st DC

Allegations

Store security detained our client after a retail incident, and officers claimed the merchandise totaled about $700 to $800, a figure that shifted between the scene and the jail paperwork. The charge was enhanced to a state jail felony based on two remote prior thefts. We obtained the loss-prevention report, surveillance, and inventory records, and noted the client made no incriminating statements. We pressed those evidentiary issues and mitigation tied to stable employment, and arranged that any supervision could transfer to the home county. The case ended in deferred adjudication, avoiding a conviction.

Charge

Assault - Family Violence

Location

Montgomery County, CCL4

Allegations

Police responded to a domestic dispute in a vehicle after a family outing. Officers noted minor marks on the partner, and our client was arrested for assault family violence. We obtained the 911 recording and body camera footage and compared them with the reports, showing the complainant acknowledged she was calm at points. Evidence also indicated the driver had been drinking and driving erratically; we argued her brief contact was a necessity to make him pull over and protect the children. After we presented these issues and pressed the prosecutor, the case was dismissed.