Criminal Defense Case Results in Montgomery, TX

Charge

Unlawful Carrying of a Weapon

Location

Montgomery County, County Court at Law #4

Allegations

Following a traffic stop, officers found a handgun in the vehicle and charged the client with unlawful carrying of a weapon. We pulled the patrol car video, bodycam, and the reports and went line by line through the stop and the discovery of the firearm. Our review raised problems with the legal basis for the detention and the seizure and with whether the UCW elements were actually met. We laid those issues out to the prosecutor and made clear we were prepared to litigate. The state dismissed the case.

Charge

Assault - Family Violence (Class C)

Location

Montgomery County, JP4

Allegations

After a domestic argument in a vehicle, our client was charged with Class C family violence. There was no arrest, and the file consisted of a short report and a written statement. We entered the case, had the client’s appearance excused, and demanded full discovery, including any bodycam, recorded calls, or photos. None were produced to back up the allegation. We also explored the complainant’s willingness to cooperate. With trial looming and the evidence lacking, the prosecutor dismissed the case.

Charge

Child Endangerment

Location

Montgomery County, 359th Judicial District Court

Allegations

Officers were called after a young child left a residence and knocked on a neighbor’s door. The client had stepped out, returned when contacted by police, and was arrested for child endangerment. We pulled the 911 audio, body cam, and call recordings to pin down the sequence of events, then built mitigation showing this was an isolated lapse. The client completed parenting and decision-making classes. With that leverage and steady negotiations, we secured deferred probation, avoiding jail and keeping a conviction off the record if successfully completed.

Charge

Assault - Family Violence

Location

Montgomery County, CCL 4

Allegations

Following a domestic dispute, our client was accused of pulling, pushing, and striking a household member. We gathered the police reports and photos and spoke directly with the complainant. She submitted an affidavit of non-prosecution and stated she would not participate further. The photographs did not corroborate key injury claims in the report. We used these weaknesses to push back and limit the exposure to custody. The case resolved with straight probation, avoiding jail time and more severe penalties.

Charge

Possession of Drug Paraphernalia

Location

Montgomery County, JP4

Allegations

A routine traffic stop for an expired registration led to a citation for possession of drug paraphernalia. The individual admitted there was a small amount of marijuana and officers found a grinder with residue, but they discarded the marijuana at the scene and did not seize the grinder or the gun. We entered the case early, demanded the police report and video, and focused on the lack of seized evidence, chain of custody, and whether any statements could reliably establish the elements. After presenting these deficiencies and making clear we were ready to litigate, the prosecutor dismissed the case.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #4

Allegations

Officers responded to a minor crash after another driver braked abruptly, and the client made light contact while passing. At the scene the client admitted to one drink. They refused a voluntary blood draw, and hours later a warrant was obtained, with the sample testing at 0.11. We dissected the bodycam, how the roadside tests were given, and the late timing of the draw compared to the time of driving. We also flagged paperwork discrepancies and emphasized the client’s clean record. With that leverage we negotiated deferred probation, keeping a conviction off the record.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #1

Allegations

After a late-night single-vehicle crash, officers noted signs of intoxication. The client declined field sobriety tests and breath testing, was arrested, and a warrant blood draw later reported a very high BAC. We obtained the dash and bodycam, the warrant affidavit, and witness statements, including the other driver the client said was involved, and highlighted inconsistencies in the narrative and issues with how the warrant was obtained. We pressed these problems in negotiations, making clear we were ready to litigate. The case was reduced and the client received credit for time served.

Charge

Assault - Family Violence (Impeding Breath/Circulation)

Location

Montgomery County, 9th Judicial District Court

Allegations

A domestic argument at a home after drinking escalated, and officers arrested our client for felony family violence strangulation based on faint redness on the complainant's neck. He had called for help after being locked out and trying to leave. We reviewed the police reports and discovery, highlighting the lack of proof that breath was impeded and the minimal injury described. The complainant later submitted an affidavit of non-prosecution, which we presented to the prosecutor. Leveraging those weaknesses, we negotiated the case down to a lesser charge with deferred probation.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #1

Allegations

Officers found our client asleep in a vehicle parked off the roadway and began a welfare check. The contact shifted to a DWI investigation, field sobriety tests were given, and the client was arrested. A blood draw followed. We obtained the videos, reports, and lab documentation, scrutinizing how the tests were administered and whether escalation of the encounter was justified. Using those issues in negotiations, we secured deferred probation on this first offense, keeping a conviction off the record.

Charge

Assault - Family Violence

Location

Montgomery County, CC4

Allegations

An argument at a home between our client and a former partner led to a 911 call alleging multiple strikes. Officers arrived and quickly detained the client, but their report noted no visible injuries. We obtained the 911 recording, body camera footage, and all reports, compared each account, and emphasized the inconsistencies and lack of corroboration. After steady pressure in negotiations, the prosecution agreed to reduce the charge, and the case was resolved with credit for time served, with no additional time imposed.

Charge

DWI (BAC Over .15)

Location

Montgomery County, CCL5

Allegations

The client was stopped after driving straight from a turn-only lane. The officer reported an alcohol odor and conducted field tests even after being told about significant medical and neurological limitations. A breath sample at the jail nearly two hours later read well over the limit. We reviewed the video, requested Intoxilyzer maintenance and operator records, and presented medical documentation to undercut the tests and timing. Using those issues, we secured a reduction with a sentence of time served, avoiding further jail.

Charge

DWI - Second Offense

Location

Montgomery County, County Court at Law #1

Allegations

Police stopped the client for failing to signal a lane change and claimed an odor of alcohol. The client declined a roadside breath test, did field sobriety tests, and later had a blood draw. Video showed the client polite, coherent, and performing better than the reports, and there was no evidence the empty bottles in the car were recently used. We tore into the lab records, chain of custody, and highlighted the clear disconnect between the video and the high blood result. With that leverage, we negotiated a reduction to a lesser DWI.