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Case Results

Collin County Criminal Defense Case Results

Aggravated Assault – Charges Dropped

Aggravated assault with a deadly weapon where client was alleged to have drawn a knife on a family member after a verbal altercation.  Evidence showed accuser was actually aggressor and client was drawing weapon in a defensive manner.

Domestic Assault – Not Guilty at Trial

Client accused of assault/ family violence.  Accuser claims he was extremely intoxicated and pinned her down multiple times.  Accuser called friend who called 911. Client is arrested.  At trial it was shown Client had injuries as well as the accuser and the contact made by defendant, if any, was defensive in nature.  Not Guilty verdict.

Interference with 911 Call – Reduced

Client accused of grabbing wife’s phone to prevent her from making a call. Interference with 911 dismissed and deferred adjudication accepted on the Class C Assault. Both cases eligible for expunction after 2 years.

Partier’s Failure to Identify – Charges Reduced

Client attending high school party when officers suspicious of underage drinking arrive. Client and others hide in attic but were ultimately discovered. Client was asked her name which she provided but initially misspelled. Client corrected error when confronted about proper spelling. Negotiated a reduced Class C charge with deferred adjudication. Case will be eligible for expunction after 2 years.

Felon’s Failure to Identify – Charges Reduced

Teenage client facing felony charges in another county. Frightened during subsequent traffic stop client used fictitious name when asked by officer. Provided State’s attorney with several character references to help persuade a reduction to a Class C Misdemeanor and Deferred Adjudication. Case eligible for expunction after 2 years.

Theft By Bounced Check – Dismissed

The client was accused of theft by check for allegedly writing a $104 check for groceries to a local store that bounced.   The client had very limited financial means and was sitting in jail unable to post a bond. Refusing to be pressured into a plea agreement for time served, we were eventually able to convince the State to dismiss the charge with no conditions.

Evading Arrest – Dismissed

Client completed 8 years of a 10 year probation.  He was also doing well on probation and staying out of trouble.  On the day of his regularly scheduled meeting with his probation officer, he was informed there was a warrant for his arrest and they were going to take him to jail.  Client panicked at the thought of possibly spending 10 years in jail and started running for the door.  Police caught up with him in the parking lot and he was charged with evading the police.  Once the case was filed, I focused on the issue of whether the client was truly under arrest at the time—you can’t evade if you aren’t really under arrest. Following negotiations with the prosecuting attorney, the State dismissed the case against my client.

Collin County Drug Case Results

Marijuana Charges – Eligible for Expunction

Client previously dismissed from pre-trial diversion program for using marijuana was given a reduction of the charge to where client will be eligible for expunction.

Felony Marijuana Possession – Reduced

Case reduced prior to filing as Possession of Marijuana with Intent to Distribute is not an offense. Client charged with Possession of Marijuana in Drug Free Zone. Initially considered for Pretrial Diversion but rejected due to facts of the case. Pursued a post-PTD-rejection course of action which resulted in reduction of charges to Class C Misdemeanor and Deferred Adjudication. Case eligible for expunction after 2 years.

Marijuana Possession Charges – Reduced

The client was arrested for allegedly having possession of marijuana.  A motion to suppress the marijuana located during the search was filed based on the theory the officer’s stop of client’s vehicle was unlawful.  I was able to gain leverage in negotiations and prosecutor agreed to reduce the Class B charge to a Class C misdemeanor paraphernalia charge with a 6-month non-reporting probation period.

Collin County DWI Case Results

Driving While Intoxicated – Not Guilty at Trial

Client almost had car accident involving police officer caught on video.  Client was alleged to have failed all field sobriety tests and admitted to drinking 4 beers.  Breath test was approximately 0.11.  Jury was told about problems with breath testing programs and why officers evaluation of the field sobriety tests was incorrect.

DWI Charges – Not Guilty Verdict

Major highway truck accident shutting down main artery into Dallas. Accident investigation evolved into DWI-Drugs investigation when 7 hours of cleanup efforts yielded little progress on re-opening highway. Fought to obtain statement by State’s toxicology-chemist that client was unlikely affected by drugs. Case resulted in not guilty verdict and immediate expunction.

DWI Charges – Dismissed

The client was parked in their vehicle on the shoulder of the Dallas North Tollway at 2:45 am when a trooper stopped behind them with his overhead lights on.  The trooper made contact with my client and noticed there was an odor of alcohol in the vehicle.  Client was subsequently arrested for DWI and found to have a blood alcohol level of .125.  Following a motion to suppress hearing, the Court found although the trooper may have been concerned for my client’s welfare, my client exhibited no signs of distress simply parked on the shoulder. The Court went on to hold that that vehicle stop in the case should be suppressed and any evidence in this case was obtained in violation of my client’s constitutional rights.  Following the ruling by the Court, the State had no choice but to dismiss the case against my client.

DWI Over 0.15 – Reduced

Client was arrested for Driving While Intoxicated following a traffic stop.  A subsequent blood test alleged my client’s blood alcohol level (BAC) at the time of the test was .217. After several weeks of hard work on the case weaknesses in the blood analysis were found.  As a result, the prosecutor agreed to lower the charges from the greater than 0.15 BAC Class A misdemeanor level to a Class B misdemeanor, or a DWI below 0.15 BAC offense level.  This reduction was significant considering it dropped the potential punishment range down to a fine that would range from $0 to $2,000 and from 72 hours to 180 days in jail (which was be probated in this case). Better yet, the client will not have to pay $6,000 in DPS surcharges that would have followed the conviction.