Criminal Defense Case Results in Montgomery, TX

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #1

Allegations

After a late-night single-vehicle crash, officers noted signs of intoxication. The client declined field sobriety tests and breath testing, was arrested, and a warrant blood draw later reported a very high BAC. We obtained the dash and bodycam, the warrant affidavit, and witness statements, including the other driver the client said was involved, and highlighted inconsistencies in the narrative and issues with how the warrant was obtained. We pressed these problems in negotiations, making clear we were ready to litigate. The case was reduced and the client received credit for time served.

Charge

DWI - Second Offense

Location

Montgomery County, County Court at Law #1

Allegations

Police stopped the client for failing to signal a lane change and claimed an odor of alcohol. The client declined a roadside breath test, did field sobriety tests, and later had a blood draw. Video showed the client polite, coherent, and performing better than the reports, and there was no evidence the empty bottles in the car were recently used. We tore into the lab records, chain of custody, and highlighted the clear disconnect between the video and the high blood result. With that leverage, we negotiated a reduction to a lesser DWI.

Charge

Assault - Family Violence

Location

Montgomery County, CC4

Allegations

An argument at a home between our client and a former partner led to a 911 call alleging multiple strikes. Officers arrived and quickly detained the client, but their report noted no visible injuries. We obtained the 911 recording, body camera footage, and all reports, compared each account, and emphasized the inconsistencies and lack of corroboration. After steady pressure in negotiations, the prosecution agreed to reduce the charge, and the case was resolved with credit for time served, with no additional time imposed.

Charge

DWI (BAC Over .15)

Location

Montgomery County, CCL5

Allegations

The client was stopped after driving straight from a turn-only lane. The officer reported an alcohol odor and conducted field tests even after being told about significant medical and neurological limitations. A breath sample at the jail nearly two hours later read well over the limit. We reviewed the video, requested Intoxilyzer maintenance and operator records, and presented medical documentation to undercut the tests and timing. Using those issues, we secured a reduction with a sentence of time served, avoiding further jail.

Charge

Assault - Family Violence (Impeding Breath/Circulation)

Location

Montgomery County, 9th Judicial District Court

Allegations

A domestic argument at a home after drinking escalated, and officers arrested our client for felony family violence strangulation based on faint redness on the complainant's neck. He had called for help after being locked out and trying to leave. We reviewed the police reports and discovery, highlighting the lack of proof that breath was impeded and the minimal injury described. The complainant later submitted an affidavit of non-prosecution, which we presented to the prosecutor. Leveraging those weaknesses, we negotiated the case down to a lesser charge with deferred probation.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #1

Allegations

Officers found our client asleep in a vehicle parked off the roadway and began a welfare check. The contact shifted to a DWI investigation, field sobriety tests were given, and the client was arrested. A blood draw followed. We obtained the videos, reports, and lab documentation, scrutinizing how the tests were administered and whether escalation of the encounter was justified. Using those issues in negotiations, we secured deferred probation on this first offense, keeping a conviction off the record.

Charge

Misdemeanor Motion to Revoke Probation

Location

Montgomery County, County Court at Law #5

Allegations

The client was on misdemeanor probation for a prior DWI when the state filed a motion to revoke based on alleged noncompliance while the client was held in another jurisdiction. We gathered documentation proving continuous custody and pressed for full jail credit. Our team coordinated with the prosecutor and the court to seek a summons instead of a transport order and negotiated to narrow the alleged violations. At the hearing, the motion was reduced and the client received a sentence of time served. We also secured removal of the ignition interlock device.

Charge

Possession of a Controlled Substance (Felony)

Location

Montgomery County, 435th Judicial District Court

Allegations

After a neighborhood incident drew police attention, the client was detained and officers searched a vehicle, reporting a small amount of a controlled substance. We obtained the bodycam and reports, then dissected how the stop unfolded, what was asked, and how the search was initiated. We challenged the legal basis for entering the vehicle and the use of the client’s statements, and scrutinized how the evidence was collected and documented. Confronted with those problems and our suppression posture, the prosecution dismissed the case.

Charge

Possession of a Controlled Substance (Felony)

Location

Montgomery County, 9th Judicial District Court

Allegations

A traffic stop for speeding escalated when an officer noticed a vape pen in the console, removed our client from the car, and conducted a search that turned up marijuana, vape pens, and THC oil. We obtained the dashcam, bodycam, reports, and lab records, scrutinizing the basis for the search, any field testing, and the identification and weight of the substances. We also assembled mitigation with character letters to humanize the client as a first time offender. Using both the evidentiary issues and mitigation, we negotiated a path that avoided a conviction, and the State dismissed the case.

Charge

Possession of a Controlled Substance (State Jail Felony)

Location

Montgomery County, 9th Judicial District Court

Allegations

Police contacted our client in a parking lot after a companion called 911. He admitted to one drink, passed sobriety checks, and refused a vehicle search. Officers detained everyone until a drug dog arrived, then claimed an alert and found a small bag of cocaine on the rear floor where a passenger had been sitting. We pulled the 911 audio and bodycam, scrutinized the prolonged detention and the purported canine alert, and emphasized the lack of proof of knowing possession. Using those issues as leverage, we negotiated deferred adjudication probation to keep a felony conviction off the client’s record.

Charge

Assault Causing Bodily Injury

Location

Montgomery County, CCL1

Allegations

Police were called to a domestic dispute at a residence after a neighbor reported yelling. Officers arrested our client when they saw a minor eye injury to the other party. We stepped in immediately, moved to address the no-contact condition, and contacted the prosecution. The complaining witness confirmed the injury was accidental and that they did not reside at the listed address or wish to pursue charges. We documented those facts and pressed the State on proof and witness issues. The prosecution dismissed the case in full.

Charge

Assault - Family Violence (Class C)

Location

Montgomery County, JP2

Allegations

Police responded to a domestic argument and returned later after another call. Officers noted the complainant had water on them and alleged our client had squirted it, leading to an arrest for a Class C family violence offense. We obtained the report, confirmed there were no injuries and that the state's case relied on minimal contact and an initial statement, while the complainant did not wish to proceed. The client proactively completed a brief anger management course. We presented this to the prosecutor, and the case was dismissed.