Felony Case Results
Experienced
Trusted
Respected
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
Client: S01124
Charge: Aggravated Assault with a Deadly Weapon & Possession of a Controlled Substance, 4-200 grams
Court: Criminal District Court 3
Case Details and Defense:
The following case is an example of the kind of defense I personally take extreme pride in providing to each and every client that I represent. And this is the benefit of hiring an attorney that is accessible and knows each client individually. We were successful in this case primarily because we did not delay in investigating and procuring evidence immediately.
I was recently hired on a case by a mother who was in the middle of a divorce and shared custody of her 12-year-old daughter with her soon to be ex-husband. Under normal circumstances, when my client was to pick up her daughter from his house, she would simply pull up in front of the house, stay in the car, and text or call her teenage daughter to come out. This was their normal procedure when they would exchange custody.
However, on this occasion, her daughter wouldn’t answer and was not coming out to the car. Not wanting any direct contact with her soon to be ex-husband, my client simply stayed in her car and waited out front. After a few minutes, a police officer arrives and approaches her car and began to ask her questions. This was confusing to my client because she had simply been sitting in her car on the street.
The officer’s questions implied that some sort of confrontation had taken place, and my client became worried that something had happened to her daughter.
However, unbeknownst to my client, her soon to be ex-husband called the police while she was waiting outside in her car and claimed that when he went out to tell her that her daughter would be out shortly she pulled a gun and pointed it at him.
They asked her if she had any kind of altercation with her husband and she said no, she had just been waiting. They ask her to get out of the car and she complied. They asked if they could search the car and she complied with that as well. After some time, the police returned with bags of methamphetamine and two firearms they located under the seat. She immediately declared that she had been set up. Despite her protests, she was arrested for aggravated assault and possession of a controlled substance (4-200 grams).
Immediately after being hired to represent this client, I began to work with her to investigate the best possible way to proceed. I was confident that she had zero knowledge of the firearms or drugs that were found in her car. Our goal was to somehow prove she was set up and that is very difficult to do.
I began by having my client take a polygraph under the attorney client privilege. A passed polygraph can be a very helpful piece of evidence when you are attempting to convince a prosecutor to dismiss a case or recommend a no-bill to a grand jury. I was confident my client would pass the polygraph and she did.
I requested the prosecutor test the gun and drugs for fingerprints and DNA prior to presenting the case to the grand jury, but it appeared to be met with indifference in my opinion.
Additionally, in speaking with my client, I learned that she lived across the street from a school and we realized that they had surveillance cameras facing the back of her house. I informed the prosecutor of the cameras and again, was met with indifference.
Consequently, I subpoenaed the school’s surveillance footage immediately in order to prevent the surveillance footage from being lost or overwritten. Sure enough, the night before she was supposed to pick up her daughter, the surveillance footage showed at approximately 4:00am, a car (that matches the car description of her soon to be ex-husband) approach the back gate, cut off the lights and glide in the dark several yards to the gate.
I presented the video to the prosecutor the next day and he dismissed both cases immediately.
This case exemplifies the importance of hiring a lawyer to takes your claims seriously and acts swiftly. The surveillance footage would not have been available indefinitely, as most recordings are overwritten after 30-90 days. If I had not subpoenaed the surveillance footage right away, it likely would have been lost. This surveillance footage exonerated my client.
Result: Both Cases Dismissed
Client: R70218
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.
