Criminal Defense Case Results in Montgomery, TX

Charge

Possession of Marijuana

Location

Montgomery County, None

Allegations

Following a traffic stop for a minor signal violation, officers arrested our client and searched the vehicle, finding a small amount of suspected marijuana inside a toiletry bag in a duffel. At initial review, the court declined to find probable cause on the marijuana because required paperwork was not submitted. We monitored filings closely and engaged the prosecutor about the evidentiary gaps, including the lack of timely documentation or testing to confirm the substance. With no lab confirmation produced and records still incomplete, the state dismissed the charge.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #4

Allegations

Police stopped our client after a minor traffic infraction and claimed an odor of alcohol, then administered field sobriety tests. We obtained the videos and showed strong performance on the walk and turn, while the one leg stand was affected by cold, wet conditions. A blood warrant was executed hours later, reporting a BAC around 0.115. We pressed for the full lab packet and scrutinized the timing, collection, and reliability of the result. Using that leverage, we negotiated a resolution to deferred probation.

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

Our client was contacted at a commercial lot after a minor curb hop and reports that they appeared unsteady inside the business. Officers noted an alcohol odor and slurred speech, but no field sobriety tests were completed and no breath or blood sample was taken. We obtained the videos and reports and found that the only admissions about drinking were made while the client was handcuffed, without Miranda warnings. We challenged the admissibility of those statements and the lack of scientific proof. The case resolved with deferred probation, avoiding a conviction.

Charge

Resisting Arrest (Class A)

Location

Montgomery County, CCL4

Allegations

Officers responded to a 911 call about an unsteady person at a business. They located our client in a restroom, escorted him toward the exit, then moved to handcuff him, which led to brief resistance. Reports alleged an attempted bite, yet bodycam and the 911 audio reflected no injuries and no completed assault, and key questioning occurred while he was cuffed without Miranda warnings. We secured and dissected the videos and arrest paperwork, challenged the lawfulness and elements of the charge, and pressed the prosecution. The case was dismissed.

Charge

Resisting Arrest (Class A)

Location

Montgomery County, CCL1

Allegations

After a disturbance call from bar staff, officers encountered the client nearby and moved to detain him. The report alleged he tensed up and kept an arm under his body, leading to a Class A resisting charge even though no underlying offense was filed. We obtained the 911 audio, body and dash camera, and witness materials to scrutinize the detention and the level of force used. The client completed targeted classes, which we presented in mitigation. Leveraging these points, we negotiated a reduction to a Class C, fine only citation.

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

A traffic stop for speeding led to a first offense DWI arrest. Officers noted mixed performance on field sobriety tests, and a later blood draw reported a BAC over .15. We demanded the full laboratory packet, chain of custody and machine data, and combed through the dash and body camera footage for testing and instruction issues. We also assembled mitigation, including strong character letters from employers and community members. The administrative license case was dismissed, and we leveraged that and our discovery challenges in negotiations. The client received deferred probation.

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

After a late-night traffic stop for minor speeding, the client was ordered out of the vehicle and put through field sobriety tests almost immediately. He consented to a breath test at the station that read near the legal limit. We obtained the dash and body camera footage and the arrest paperwork, then challenged the basis for prolonging the stop and the manner the tests were administered. We also questioned the reliability of the breath result. While we protected his license rights with a timely hearing request, we pressed these defects with the prosecutor. The state dismissed the case.

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

After a traffic stop for an equipment and registration issue, our client was arrested for a first-offense DWI. Officers conducted field sobriety tests despite the client's back and joint problems from a recent medical procedure, and a blood sample was taken at the jail based on a consent form the client does not recall signing and that lacked the client’s signature. We obtained the videos and paperwork and challenged the testing, the consent documentation, and the absence of impaired driving cues. Leveraging those weaknesses, we secured a reduction to a lesser offense. The case closed with credit for time already served.

Charge

Unlawful Carrying of a Weapon

Location

Montgomery County, County Court at Law No. 1

Allegations

Following a roadside incident that led to a traffic stop and arrest, officers searched the vehicle and found a handgun in the glove compartment, resulting in a UCW charge. We pulled the police reports, 911 audio, and bodycam, and showed that the firearm was lawfully owned, stored in the glove box for personal protection, and was never brandished. We also documented inconsistencies in the complainant’s account of the driving event that triggered the contact. We questioned the legal basis for calling the possession unlawful and pressed the State on proof of each element. The prosecutor dismissed the UCW.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law No. 1

Allegations

After a brief swerve on a dark road, another driver turned around and aggressively followed the client, making contact as both pulled into a lot. Officers arrived to accusations of intoxication and saw a liquor bottle. Field tests appeared poor, but the client reported hip injuries and prescription medication. The client refused a blood draw until a warrant issued. We documented the pursuer’s shifting story and the lack of front-end damage, challenged the reliability of the tests, and used those weaknesses to negotiate a reduced charge with credit for time served.

Charge

Assault - Family Violence

Location

Montgomery County, CCL5

Allegations

A domestic dispute at a home escalated when the complainant struck our client, and a brief struggle ended with both falling near a kennel, causing minor scratches. Officers arrested the client after a 911 call and photos of injuries. We reviewed bodycam and reports, documenting that the complainant admitted pushing first, and filed her affidavit of non-prosecution. We also secured a modification of bond conditions and prepared a self-defense case focused on credibility gaps. At trial, the jury found the client not guilty.

Charge

Racing

Location

Montgomery County, CCL5

Allegations

The client was arrested after officers alleged a racing offense. We obtained the reports and discovery, scrutinized the basis for the accusation, and opened a direct dialogue with the prosecutor. By presenting mitigating context from our client and challenging how the incident was characterized, we built leverage in negotiations. The state agreed to reduce the charge and extend straight probation. This avoided the harsher penalties tied to the original allegation and kept a racing conviction off the client's record.