Criminal Defense in Austin
Five cases, five days: In Williamson County I had a misdemeanor charge dismissed, allowing my client to avoid all the penalties. The following day I was able to have a charge for family violence in Travis County dismissed. In a case that took place in the juvenile court I was able to gain a dismissal for my client. A charge for resisting arrest was reduced down to a ticket, providing the individual that I represented with reduced penalties. Another success that my firm was able to retain was in a criminal accusation of felony aggravated assault. After aggressive efforts to avoid this charge, I was able to have it dismissed.
Results for August: One day on the case and a dismissal. My client was charged with shoplifting. It was her first offense. I was able to convince the prosecutor to offer a deferred prosecution instead of pretrial diversion or deferred adjudication. Under the deferred prosecution agreement her case was dismissed upfront. She will be required to take a class and do some community service and commit no new offenses. She would have had to the same things under pretrial except it wouldn't have started for at least a month. That's one more month that she'd have to wait to get it expunged. Under a deferred adjudication she would have had to pay supervision fees and court costs which would have cost her at least a thousand dollars. By convincing the prosecutor to offer deferred adjudication, she got a dismissal, doesn't have to pay supervision fees and doesn't have to go to court again.
Results for August 6, 2012: One week into August and already we have two dismissals. While results will vary, I know what prosecutors are looking for and I know how to fight for my clients. Today I got a dismissal for a possession of marijuana case. For a different client I was able to get their theft charge dismissed. The first client performed some community service. The second client will be performing community service (40 hours) and staying out of trouble for the next 18 months. Both clients will be able in the future to have the record of their arrests expunged.
From habitual felony to dismissal: On 12 July a client was set on the jury docket. Based on the quantity of drugs involved and the client's criminal history the client was looking at a minimum of 25 years. The offer before going on the jury docket was at least 10 years. There were issues with the case. The prosecutor called me a few days before trial and offered a misdemeanor on the client's felony evading arrest and a dismissal on the habitual case. This wouldn't have happened without me getting the case ready for trial.
One day, three dismissals: Monday the 25th of June was a good day for my clients. One client was accused of assaulting a store loss prevention employee while shoplifting. The case was set for jury trial and the state dismissed the case. Another client was charged with possession of marijuana. I advised the client to take a class and perform community service hours. As a result the case was dismissed and the client avoided a conviction and a driver's license suspension. In the third case the client was charged with felony possession of a controlled substance. The case was set for trial and dismissed on day of trial. Often only the threat of trial is enough to get a prosecutor to really evaluate a case. Without that evaluation, it is much harder to obtain a reduction in charges or a dismissal. In the first six months of this year, I've tried four felony cases. When the prosecutor knows you have tried cases, the threat of trial is more real.
DWI Charges Dismissed: Client facing parole revocation and felony conviction is reinstated on parole. Misdemeanor DWI dismissed. Client was charged with state jail felony possession of controlled substance. He was arrested after being involved in an accident and also charged with misdemeanor DWI. His alcohol level was below the legal limit, but the state was arguing he was under the influence of drugs due to drugs being found in the car. Client received misdemeanor time served for the possession case and the DWI was dismissed. At his parole hearing, counsel was able to show the positive aspects of his life and minimize his new criminal cases. As a result, the client is not going back to prison.
Probation Revoked: A young man I represented was placed on felony probation. At first he struggled on probation and was arrested on a probation violation. I convinced the prosecutor to give him 30 days in jail and a second chance. The young does well for a while and then has transportation issues and quits reporting. He gets arrested again. Most probationers don't get a third chance. I provide proof that the young man is back in school and now has family support to provide transportation. Instead of being revoked he gets another chance and goes back to school.
Two Felony Charges End In One Misdemeanor: Client had previous conviction just a couple of years ago for assault family violence. His ex-girlfriend accuses him of assault. He gets charged with a felony because of the prior family violence conviction. He is out on bond and the ex-girlfriend comes to his house. He gets charged with a second felony assault family violence and can't make bond. After numerous attempts over several months and two settings on the jury docket, he enters a plea for time served on a misdemeanor assault and gets the other assault 12.45′d (a type of dismissal). End result one misdemeanor conviction from two felonies. In words of client in interview booth, "if it weren't for the glass, I'd hug you."
Arrested On One Felony & Four Misdemeanors: Client charged with felony drug possession, misdemeanor drug possession, evading arrest, misdemeanor theft and family violence. Client has felony deferred adjudication in Williamson County revoked. Client can't enter plea on anything but misdemeanor without ruining any chances of appealing felony revocation. Result, client pleads to time served on theft, has the assault 12.45′d and the other cases are dismissed. Client's right to appeal is preserved.
17 Year Old Charged With Sex With A Minor Avoids Sex Offender Registration: A young man who was 17 had sex with a 14 year old girl. He was more than three years older than the fourteen year old girl. It is a sex crime in Texas to have sex with someone under 17 years old unless the participants are within three years of age. A private lie detector test showed that the sex was otherwise consensual. A deal was worked out for the young man, who had no defense under the law, to plead to probation for injury to a child. Because injury to a child is not a sex offense, the young man avoided having to register as a sex offender.
Probation For Arsonist: A young man was upset with a sorority so he walks in during a party and sets a couch on fire. Fortunately no one was injured. He and his girlfriend flee to Mexico, stopping along the way to spray paint her jeep a different color. They get drunk in Mexico and get caught and are extradited back to the U.S. When he goes to court, information about the client's background is provided and the young man is given probation and treatment. He eventually comes back on a probation but he receives less time than was originally offered. By taking a chance on treatment we were able to show it was less a criminal episode and more of an addiction issue.
Three Felonies & One Felony Probation Violation: Client had previous conviction for assault family violence. He gets out on bond and then subsequently over a several month period gets charged with three felony assault family violence cases. I get hired after he's in jail. I get him into the sheriff's assault prevention program at the county jail. He completes the counseling. End result one felony probation, one misdemeanor time served and a dismissal. Client could have been facing ten years in prison on each of the cases.