Criminal Defense Case Results in Montgomery, TX

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #5

Allegations

Our client was found asleep in a parked vehicle with the engine running after a long workday. He acknowledged having a few drinks, then officers ran him through field sobriety tests twice. He believed he passed, and the breath machine produced multiple failed attempts. We gathered the video and reports, challenged the reliability of the testing and the fact the encounter began with a parked car rather than observed driving, and pressed those weaknesses with the prosecutor. The state agreed to reduce the charge to a lesser offense.

Charge

Unlawful Carrying of a Weapon

Location

Montgomery County, County Court at Law #1

Allegations

The client was stopped for alleged lane drifting and a broken light. They immediately told the officer there were two handguns in the vehicle, both lawfully owned. That disclosure led to an arrest for unlawful carrying. We obtained the reports and video, scrutinized the basis for the stop, the scope of the vehicle search, and whether the elements of the offense were met given lawful possession. After challenging those defects and signaling readiness to litigate suppression, the prosecution dismissed the case.

Charge

Driving With a Suspended License

Location

Montgomery County, CCL5

Allegations

A nighttime collision with a bicyclist brought police to the scene, and our client was cited for driving while license invalid with prior history. The client believed he had SR-22 insurance but later learned an agent issued a shorter term than expected, creating paperwork confusion. We secured the crash report and compiled the client’s insurance and SR-22 records. We pressed the prosecution on the basis for the alleged suspension and the financial responsibility claim. The state dismissed the case.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #1

Allegations

A traffic stop for swerving and a broken brake light ended with our client arrested after roadside tests and a blood draw at the jail. The client admitted drinking earlier but believed they performed well on the exercises. We obtained discovery, scrutinized the field test documentation and blood records, and challenged the strength of the stop and the evidentiary value of the tests. We emphasized the time gap between drinking and the draw. After sustained negotiations, the state reduced the charge and credited time served.

Charge

Misdemeanor Motion to Revoke Probation

Location

Montgomery County, County Court at Law #4

Allegations

While on deferred adjudication, our client faced a motion to revoke probation alleging multiple violations, including positive alcohol and marijuana tests, missed UAs, failure to check the random testing schedule, and a missed supervision fee. We obtained the probation records and compiled certificates showing completed classes, community service, and proof of payments. We opened a dialogue with the prosecutor, highlighting the corrective steps taken and problems with the allegations. After sustained negotiations, the state dismissed the motion, avoiding a revocation.

Charge

Assault by Physical Contact (Class C)

Location

Montgomery County, JP3 County Courts

Allegations

An argument at the client’s workplace ended with a citation after the complainant alleged brief physical contact during the exchange. There was no arrest and no reported injuries. We obtained discovery, scrutinized the complaint, and documented the context showing minimal, nonviolent contact. We questioned whether the alleged conduct met the elements of assault by contact and made clear we were prepared to litigate. After negotiations, the prosecution dismissed the case.

Charge

Assault - Family Violence

Location

Montgomery County, County Court at Law #4

Allegations

Police responded to a domestic dispute in a hotel room and arrested our client based largely on the complainant’s initial statement. Soon after, the complainant said she did not want the case pursued and completed an affidavit of non-prosecution. We presented that to the prosecutor and emphasized the absence of independent witnesses and the credibility issues it created. While pushing to ease restrictive bond terms that interfered with work, we leveraged those proof problems to negotiate a reduction to a lesser offense with credit for time served and no additional jail.

Charge

DWI - Second Offense

Location

Montgomery County, CCL4

Allegations

Following a collision near ongoing roadwork, the client was arrested for a second DWI based on odor of alcohol, an alleged open container, and a hospital blood draw. We pulled the bodycam, sought the EMT and hospital records, and gathered photos from the scene. The materials raised serious doubts about who caused the crash, showed the boxed beverages were unopened, and exposed inconsistencies in the officer’s account. We also documented that pain medication given during treatment could affect observed impairment and the state’s interpretation of results. Confronted with these issues and discovery gaps, the prosecution dismissed the case.

Charge

Disorderly Conduct (Class C)

Location

Montgomery County, Justice of the Peace Precinct 2

Allegations

After a traffic incident, the client was taken for medical treatment and later cited for disorderly conduct based on an officer’s claim that she used offensive language. She denied the allegation. We obtained bodycam footage and medical records showing she was medicated and disoriented, and the supposed language was not captured on any recording. The narrative relied on secondhand comments and inconsistent recollections. We challenged the sufficiency of the evidence, and the prosecutor dismissed the case.

Charge

Possession of THC (State Jail Felony)

Location

Montgomery County, 9th Judicial District Court

Allegations

Stopped after turning into a residential area, the officer cited a turn signal and paperwork issues and ordered our client out while a K9 unit was called. The canine handling raised red flags, including the handler tossing an object toward the door before claiming an alert. The vehicle search found nothing, but a second pat down turned up a small THC vape cartridge. We pulled the dash and body camera footage and canine records, and challenged the extension of the stop and the legitimacy of the alert. Confronted with these suppression issues, the state dismissed the case.

Charge

DWI - Second Offense

Location

Montgomery County, County Court at Law #5

Allegations

Police responded to a domestic dispute after the client called for assistance. Officers claimed the client admitted to recently driving, and a blood draw was obtained by warrant after a refusal. We dug into the reports and statements and found conflicting accounts about when the client arrived home and whether any drinking happened afterward. The probable cause affidavit also included a significant timestamp error. We challenged the reliability of the timeline and scrutinized the warrant paperwork, pressing the state on proof of intoxication at the time of driving. The charge was reduced.

Charge

Possession of THC (State Jail Felony)

Location

Montgomery County, 221st Judicial District Court

Allegations

During a traffic stop for expired registration, officers claimed to smell marijuana and deployed a K9 to search the vehicle, finding a THC vape in the driver's door. We pulled the bodycam and dashcam videos and the lab reports, then challenged the basis for the stop and the scope of the search while pressing the prosecutor on proof problems. We secured placement in a pretrial diversion with limited requirements, including a brief class and community service. After completion, the state dismissed the case.