Criminal Defense Case Results in Montgomery, TX

Charge

Theft - Class C

Location

Montgomery County, JP3

Allegations

Loss prevention at a big-box store stopped our client after self-checkout, claiming a few low-cost items were not scanned. The client had paid for the rest of the cart and immediately offered to pay for the missed items, then received a citation rather than an arrest. We obtained the store video and officer materials and underscored that an employee had cleared a register error, the client never exited the store, and any apologies were made under obvious stress. We challenged intent and evidentiary gaps and pressed for dismissal. The state dismissed the case.

Charge

Assault Causing Bodily Injury

Location

Montgomery County, CC4

Allegations

Police arrested our client after a parking lot dispute with another driver escalated into a brief fight. The client reported hearing the other person say they had a gun and saw them reach into a bag, which prompted our client to intervene. Officers labeled our client the primary aggressor, and there was no usable video from the location. We obtained the police report and discovery, compared the parties' accounts, and focused on whether any witness actually heard a gun threat. Those conflicts and a clear self defense theory undercut proof beyond a reasonable doubt, and the prosecution dismissed the case.

Charge

Unlawful Carrying of a Weapon

Location

Montgomery County, CCL4

Allegations

During a traffic stop, officers found a handgun in the vehicle and booked our client for unlawful carrying. We moved quickly to obtain the reports and video, then dissected the basis for the stop, the detention, and the search that led to the firearm. We flagged legal concerns in the officer's account and put those issues to the prosecutor. With pressure to proceed without clean evidence and our readiness to litigate suppression, the state dismissed the case.

Charge

Possession of THC (State Jail Felony)

Location

Montgomery County, 435th DC

Allegations

A traffic stop led to an arrest for felony possession after officers located a THC vape cartridge that field tested positive. We obtained the offense report, body and dash camera footage, and the lab documentation. We scrutinized the reasons for the stop and the scope of the search, and pressed the state on chain of custody and the reliability of the testing. While the client complied with bond supervision, we prepared to litigate suppression issues. Facing these problems in their proof, the prosecution dismissed the case.

Charge

Unlawful Possession of a Firearm by a Felon

Location

Montgomery County, 9th DC

Allegations

Police responded to a dispute at a residence where our client was picking up children. While loading them into a vehicle, he discovered a handgun left by another person, removed it to keep the kids away from it, and was immediately detained. Officers recovered the firearm and filed a felon-in-possession charge. We obtained an affidavit from the actual owner confirming the gun was his, reviewed the client’s recording and the reports, and challenged the basis for the detention and frisk. We emphasized the brief, safety-driven possession and lack of criminal intent. The prosecution dismissed the case.

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

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.