Felony Case Results
Within the realm of criminal defense, real-life examples of criminal defense cases can often serve as powerful tools to understand and shed light on, the ways in which legal proceedings and legal strategies are conducted.
The examples below represent a diverse selection of real-life criminal cases I have recently had the privilege of handling.
This is not an exhaustive list, nor is it an exhaustive examination of each case. These examples simply provide an overview of each case and a glimpse into the different strategies we employed to ensure the best possible criminal defense for each client. Keep in mind, and every case is different.
My goal is to protect the rights and liberties of every client I represent and obtain the best possible outcome for each case.
Below are some Felony Case Studies
Charge: Two Felony counts of Invasive Visual Recording
Court: CDC 2
Case Details and Defense: My client was suspected of looking through a neighbor’s window and recording the neighbor in their bedroom with his cell phone camera late at night. From inside the home the neighbor noticed a light from what appears to be a cell phone outside their window and called 911.
When the police arrived, my client was not at the scene but was called in a few days later for an investigative interview. My client chose to go to the interview voluntarily after being informed by the investigating officer that he would not be arrested that day if he came in for an interview. My client also chose to take his phone with him to the interview. He admitted to being on the premises but denied recording of any kind. The detective asked for permission to take my client’s phone and do a forensic search of the phone. He informed my client that he would get a warrant prior to searching the phone. My client refused to allow him to have his phone but continued with the interview until he was allowed to leave the police station voluntarily. However, prior to leaving, the detective informed my client that he would likely be seeking a warrant for his arrest, and he would be required to return to the police station immediately when contacted by the police department.
Within a few minutes of leaving the police station, the same officer called my client and told him to return to the police station. Upon re-entering the station, the police detective seizes his phone. The police detective was under the misunderstanding that he only needed a warrant to search the phone, not seize it. However, according to Texas law, the United States Constitution, and the Texas Code of Criminal Procedure, Article 38.23, he needed a warrant to seize the phone as well.
We filed a motion to suppress based on an illegal search and seizure and the motion was granted. Any evidence obtained from the cell phone was suppressed and not admissible against my client.
Result: As a result of the motion to suppress being granted, my client agreed to plea to the misdemeanor offense of Criminal Trespass on one case. The Felony invasive visual recording cases were dismissed.