Criminal Defense Case Results in Montgomery, TX

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

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

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

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

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.

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

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

Assault - Family Violence

Location

Montgomery County, CCL5

Allegations

Police arrested our client after a domestic argument at a residence led to a brief struggle over a phone and a nosebleed. The complainant gave one story that night, but later acknowledged heavy intoxication and could not say how the bleeding began. We secured an affidavit of nonprosecution, gathered photos showing no cuts or bruising, and contrasted them with a report claiming a chin laceration. We assembled the contradictions and lack of cooperative testimony, and prepared for trial. Confronted with those credibility problems, the state dismissed the case.

Charge

Assault - Family Violence (Class C)

Location

Montgomery County, JP 4

Allegations

Police issued a Class C assault by contact citation after a heated argument at a home. The client reported briefly touching a relative’s shoulder to guide them toward the door, no one was injured, and officers asked him to leave for the night without arrest. We entered a not guilty plea, requested a trial setting, and obtained the police report, body camera video, and witness statements. Our review highlighted the minimal, non-injurious contact and the thin proof supporting an offensive contact. After pressing these points and signaling readiness for trial, the State dismissed the case.

Charge

Possession of THC (State Jail Felony)

Location

Montgomery County, 359th DC

Allegations

A traffic stop for a paper tag led officers to claim an odor of marijuana and search the car, finding a small amount of THC wax. The client had a state medical cannabis card but not the original packaging, and the amount was under a gram. While on bond, missed UAs due to transportation issues triggered a warrant and a no bond hold. We appeared, pushed for the earliest setting, and obtained discovery, underscoring the minimal weight and the questionable roadside testing. At the hearing, we negotiated a reduction to a misdemeanor with credit for time served, securing the client's release.