Criminal Defense Case Results in Montgomery, TX

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.

Charge

Assault - Family Violence

Location

Montgomery County, CCL5

Allegations

After a domestic dispute, our client was arrested when officers relied on the complainant’s photos and initial account. We requested the 911 audio, body cam and reports, and flagged discrepancies between the narrative and where the minor injury was described. The complainant also told our office she did not wish to prosecute, which we relayed to the prosecution. We kept pressure on the case and stood ready to litigate the evidentiary issues. Facing credibility problems and no cooperative witness, the state dismissed the charge.

Charge

False Statement to a Peace Officer

Location

Montgomery County, County Court at Law #1

Allegations

After our client reported being attacked by a stranger, an investigator later alleged the report was false and referred the case for prosecution. We obtained the incident records, gathered hospital documentation and photos confirming a stab wound, and opened dialogue with the DA. We compiled a mitigation packet, including a personal statement and a completed class, but the prosecutor declined pretrial diversion. Facing a credibility dispute at trial, we negotiated a period of deferred adjudication, protecting the client from a conviction while the case is supervised.

Charge

Assault - Family Violence

Location

Montgomery County, CCL5

Allegations

Police arrested our client after a domestic dispute that began at a restaurant and continued at a residence. The client called 911 to have the other party removed, but officers focused on a minor facial cut and booked her for assault. We obtained body cam, 911 audio, and home surveillance showing the client being pushed and the complainant telling officers she did not strike him. We highlighted the contradictions and the lack of proof of injury caused by our client. The state dismissed the case.

Charge

Resisting or Evading Arrest

Location

Montgomery County, 359th DC

Allegations

Following a traffic stop for speeding, officers said the client did not pull over immediately and filed a resisting or evading arrest charge. The client continued for a short period while calling a family member and looking for a safer, well lit place to stop, then parked and surrendered with hands visible. We dug into the offense report and timeline, emphasizing the brief delay, the safe-stop explanation, and the client’s immediate cooperation, all of which undercut any intent to flee. Using that leverage, we negotiated a probation outcome.

Charge

DWI - Third Offense

Location

Montgomery County, 359th DC

Allegations

The client was stopped for speeding after leaving a bar and arrested for a third-offense DWI. They declined field sobriety and breath testing, and officers obtained a blood warrant. We obtained the dash and body camera footage, reviewed the warrant affidavit, and secured a court order for the lab’s underlying data to scrutinize chain of custody, storage, and testing. We pressed the prosecution on these proof issues while preparing for trial. The case resolved with straight probation, keeping the client in the community and out of prison.

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

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

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

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.