SELECT CRIMINAL CASES.

 

I take your case very seriously.  Sometimes more seriously than the client.  I assume you are telling me the truth because if you are lying it is doing nothing but costing you money, credibility and damaging your case.  

I don't just plea cases.  If you want to just plea your case you can find many attorneys who will do that.  I will research and find creative

legal defenses.  Sometimes, more than you would think, the police are just wrong and then we have to work together to build your factual defense.

In the end it is your case and your risk.  I will follow through not only trial but after you are convicted helping through the probation process.  We don't just dump you off.  

CREATIVE LEGAL DEFENSES.

I had a client tell me when I started practicing that he knew his rights.  That's not true.  I have been doing this for 20 years and I still don't know all the law and exactly the way it is going to be applied to the facts.  Every case is different and takes time to really understand the people and the events.  

Assault is a results oriented offense.  Assault is not enough to do an act but to cause the result.  I had a client shoot his gun up in the air.  He did not intend the result of shooting anyone.  In fact he did not shoot anyone.  But because he didn't intend the result he could not intend to attempt it. NEGOTIATED DOWN TO DISCHARGE OF FIREARM.

Client was convicted of Attempted DWI.  Because DWI is a strict liability offense, there can be not attempt even though that is not specified in the statute.  Court of appeals acquitted on appeal.  There is no offense of Attempted DWI.  

The state cannot prove marijuana cases beyond a reasonable doubt.

I picked this little defense in a book on ethnobotany.  Its been around since the 1960's. 

Voluntariness of possession.

My client was arrested pulling into his apartment complex.  The police pulled marijuana out of his front pocket.  Mother/Driver testified sheepishly that her son was wearing girls jeans. The state has to prove that the defendant not only has possession but "knows he has possession" since he had on someone else's pants they couldn't prove it.  2 TRIALS. ACQUITTED. 

Federal Government has no right to possess lands in Texas. 

If they have no right to possess lands they cannot prevent hunting on it.  NO CHARGES FILED.

Knife as protected by 2d Amendment. 

Client arrested with numerous guns in his car.  ACQUITTED. Judge found knife was a protected weapon.  

Third Brake Light not required.

Extensive research into the minutiae of Highway Standards.  The car this client was driving did not require 3 brake lights only 2.  He had the top and the side.  DWI acquittal. 

TENACIOUS FACTUAL DEFENSES.

The fat boy defense.  I beat a marijuana case for a client. When we finished with an acquittal, the officer said "I was being nice, I'll just charge her with the meth in the apartment."  The judge said go talk to him "fat boys like you and me and her, don't do meth."  I called and the officer decided not to file the meth charge. ACQUITTAL & NO CHARGE

The Drop Bag. This case taught me to really listen to clients and demand action.  While still in jail, my client asked for the video.  They don't have to provide it.  He said the cop put a drop bag in the car and the license plate light was not out.  That was the sole excuse for the initial stop.  The Chief of Police responded to my letter requesting that they preserve the video by sending a response letter saying they do that "in every case."  The jury was livid at the PD when they could not produce the video. ACQUITTAL

Can't see the forest for the trees. Sometimes, I will go to the scene of an arrest and see what was actually going on.  In one case it was obvious that the arresting officer could not see my client nor the actual 3 guys he was with who were actually smoking marijuana.  The trees were so thick a bright red flag was not visible in the location of the alleged smoking.  ACQUITTED.

Good Bud.  In one case, I had a client testify regarding the marijuana put into evidence was not his marijuana.  Upon confrontation by the assistant district attorney as to how he knew it wasn't his, he said "Because I had good bud, and that's bad bud."  ACQUITTED.

A small victory.  My client testified that he went in to hit the guy that was sleeping with his wife (while they were in bed together).  I thought as a school teacher in a small town she might not want to let her bad behavior get out.  My client had not intention of hitting his wife but hitting her 'boyfriend' in his bed.  The other guy threw the wife in front of the punch.  CONVICTED, PROBATION DENIED $50.00 FINE.  

CALL US. 

Visit

Yeager Office Building

6401 Eldorado Parkway

McKinney, TX 75070

Call

T: 214-843-1199

F: 214-935-1065

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