Criminal Defense Case Results in Montgomery, TX

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #5

Allegations

The client was stopped for a front-plate issue while driving home. Officers spotted open containers, conducted field sobriety tests, and the client declined a breath test but consented to blood. We pulled the dash and body cam, compared them against the reports, and pressed on the legality of the stop, the instructions and conditions of the tests, and the handling of the blood sample. We also documented the client's proactive classes. Using that leverage, we negotiated a reduction to a lesser offense with a sentence of time served.

Charge

DWI - Second Offense

Location

Montgomery County, CCL1

Allegations

After a late-night traffic stop for an alleged failure to signal, which later shifted to an illegal lane change, our client was arrested. They declined field sobriety tests and a breath test, and a warrant blood draw later reported a result over the legal limit. We secured and reviewed dash and body cam video showing a respectful demeanor, no obvious impairment, and an officer who threatened additional charges and pressured a passenger. We attacked probable cause for the arrest, the shifting basis for the stop, and the delay before the blood draw. Faced with these issues, the state agreed to reduce the charge and resolve it with time served, avoiding probation and additional jail.

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

After a low-speed collision, police responded and began a DWI investigation. Officers documented mixed observations, with only faint or no odor of alcohol noted. The client completed roadside tests in poor conditions and later had blood drawn after a warrant was issued. We reviewed bodycam, 911 audio, and lab records, emphasizing problems with the field tests, the inadmissible portable breath reading, and the timing of consumption supporting a rising BAC. We leveraged these weaknesses to secure a reduction with time served.

Charge

Unlawful Carrying of a Weapon

Location

Montgomery County, CCL4

Allegations

The case began after a minor traffic incident led to a DWI investigation. Officers found a handgun in a bag and added an unlawful carrying count, based solely on the claim the client was engaged in criminal activity. We obtained the reports, 911 audio, and bodycam, and highlighted weak intoxication indicators, including conflicting notes about alcohol odor and the timing of any drinking. We also emphasized there was no evidence the firearm was misused or displayed. Faced with these problems, the state dismissed the UCW.

Charge

Aggravated Assault with a Deadly Weapon

Location

Montgomery County, 359th Judicial District Court

Allegations

The case began after a dispute outside a bar where a shot was allegedly fired into the air, and a former partner identified our client. We demanded and reviewed all discovery, monitored the state’s efforts to secure the complaining witness, and prepared for trial. Prosecutors repeatedly had no contact with that witness and offered no new corroborating evidence. With their key witness unavailable and our trial posture clear, the prosecution dismissed the case.

Charge

Felony Motion to Revoke Probation

Location

Montgomery County, 221st DC

Allegations

The client was on deferred felony probation when a motion to revoke was filed, based on an alleged protective order violation from another county and probation test issues. We obtained records from that jurisdiction showing the protective order case would not hold and was dismissed. We also documented that a missed test occurred while the client was in custody and challenged the reliability of a diluted and alcohol positive screen. With those weaknesses laid out and a bond hearing set, we pressed the state hard. The prosecutor dismissed the motion, and the client was released.

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.