Criminal Defense Case Results in Montgomery, TX

Charge

Assault - Family Violence (Class C)

Location

Montgomery County, JP3

Allegations

Police responded to a domestic disturbance at a residence after neighbors called 911 about loud arguing, and our client was charged with Class C family violence. Our review of the 911 audio and reports showed the case rested on a neighbor’s account while the complainant consistently said no assault occurred. We assembled an affidavit from the complainant, character letters, and proof the client completed counseling classes. We pressed the State on credibility and the lack of bodily injury and sought relief from restrictive conditions. The prosecutor ultimately agreed, and the case was dismissed.

Charge

Possession of a Controlled Substance (Third Degree Felony)

Location

Montgomery County, 9th DC

Allegations

A traffic stop for expired registration led to a search after the officer reported smelling marijuana. Police seized a vape cartridge and several nearly empty carts, then filed a third degree felony by alleging between one and four grams. We pulled the videos, reports and lab paperwork, and zeroed in on how the weight was calculated. We challenged any inclusion of hardware and trace residue, questioned whether the state could reliably prove the substance and its net weight, and made clear we were ready to litigate. The prosecution dismissed the case.

Charge

DWI (BAC Over .15)

Location

Montgomery County, CCL5

Allegations

After a report of intoxicated patrons leaving a bar, officers located our client and made a traffic stop. The client cooperated, completed field sobriety tests, and later provided a breath sample that registered over .15, resulting in an enhanced DWI charge. We obtained the patrol video, SFST paperwork, and breath-test records, pressed the state on its proof, and presented strong mitigation, including the client’s clean history and cooperation. The prosecution agreed to reduce the case to a standard DWI and resolve it for time served, avoiding probation and additional jail.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #5

Allegations

After leaving a work gathering where alcohol was served, the client began to feel unwell and pulled to the shoulder to wait for a ride. Officers arrived as family members did, questioned him, and he acknowledged having driven earlier. He completed roadside sobriety tests and later provided a breath sample at the jail. We built leverage around his decision to stop driving, and we scrutinized the video, field tests, and breath paperwork for adherence to required procedures. With no prior record, we negotiated deferred adjudication, keeping a conviction off his record.

Charge

Assault - Family Violence

Location

Montgomery County, CCL4

Allegations

Police were called to a domestic dispute at a residence, leading to our client's arrest and a no-contact order. We immediately entered the case, requested all discovery, including 911 audio and bodycam, and scrutinized the reports. The complaining witness later signed an affidavit of nonprosecution, which we presented to the prosecutor. We also addressed bond and protective order issues to reduce hardship while the case was pending. With the affidavit and context from the evidence showing no ongoing safety concerns, the prosecution dismissed the case.

Charge

DWI - First Offense

Location

Montgomery County, CCL1

Allegations

After a traffic stop for speeding, the client was investigated for DWI. The officer moved quickly to field tests, but the client reported a back injury and only partial tests were attempted. A roadside breath device reading was not admissible, and a blood sample was taken much later. We reviewed the dash and body cam and highlighted the lack of driving clues, the medical limitations on testing, and the delay to the blood draw. Leveraging those issues, we negotiated a reduction and resolved the case for time served, avoiding probation and further jail.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #4

Allegations

Officers stopped our client for an alleged turn-signal violation while he was rushing a spouse to get medical help. He admitted to a couple of beers, tried field sobriety tests, then stopped because of balance and knee problems. At the jail he gave a breath sample reportedly close to the legal limit, taken well after the stop. We pressed for dash and body cam video and breath-test records, stressing the medical emergency and the limits of the roadside exercises. With that leverage, we negotiated a reduction and a sentence of time served, sparing him further jail.

Charge

DWI - First Offense

Location

Montgomery County, CCL1

Allegations

The arrest followed a disturbance at an apartment complex. Officers arrived after the client was already home, conducted field sobriety tests, and later recorded a station breath test around 0.10. A neighbor claimed to have video of the client briefly driving inside the complex to return keys, but no officer witnessed any driving. We obtained the reports, any video, and breath test records, and challenged proof of operation and the timing of the result. After the client completed classes and community service, we submitted certificates and the case was dismissed.

Charge

DWI - First Offense

Location

Montgomery County, CCL5

Allegations

The client was arrested for DWI after a one-car crash near a neighborhood entrance. Officers noted signs of intoxication, conducted field tests, and a hospital blood draw followed. We pulled the videos and lab packet, highlighting how crash trauma impacted balance testing and scrutinizing the chain of custody. With no prior history and immigration consequences at stake, we contested the license case and set the criminal matter for trial. On the eve of trial, we pushed negotiations, and the State reduced it to a Class B with time served, no additional jail.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #5

Allegations

Stopped for speeding, the client was investigated for DWI, performed roadside balance tests, and blew into a handheld breath device, with a second breath test later at the station. We obtained the video and reports and focused on the limited value of the roadside exercises given a preexisting back condition that affected balance. Even the officer noted the client did not appear intoxicated. We pressed these weaknesses with the prosecution and negotiated a resolution. The charge was reduced and the case resolved with credit for time served.

Charge

Possession of THC (State Jail Felony)

Location

Montgomery County, 359th Judicial District Court

Allegations

During a traffic stop for a minor moving violation, the officer shifted to questioning about contraband. The client acknowledged a THC vape in the vehicle, and it was recovered when the car was processed. We obtained the dash and body cam, the written report, and the lab paperwork on the cartridge. We challenged the leap from a simple stop to a drug investigation and flagged issues in how the item was handled and documented. After we presented those problems and made clear we were ready to litigate, the state dismissed the case.

Charge

Resisting Arrest

Location

Montgomery County, CCL4

Allegations

Police alleged our client resisted during an arrest following a roadway incident. Video evidence showed the client already handcuffed and seated in a patrol car, momentarily bracing a door with a foot while panicking. The officer responded with pepper spray, and there was no clear attempt to interfere with official duties. We obtained the footage, reports, and documentation of the spray, then challenged whether the elements of resisting could be proven. After we pressed these issues, the prosecution dismissed the case.