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Case Results for the Week of December 16, 2013 – Harris and Montgomery County

State of Texas v. AB – Assault on a Family Member – DISMISSED – Client was charged with assaulting his wife and contacted our firm prior to being arrested.  The client has lived in the United States for almost 10 years and had three children that are US citizens, but he was not a legal resident.  The client ran a real risk that if had been arrested, he would likely have been placed into immigration detention and would have faced deportation.  We were able to get a bond set and cleared the warrant without the client having to be arrested.  The client’s wife had called the police after she found that he was done with the relationship and was moving out.  She claimed that he grabbed her by the upper arms and pushed her.  The only marks on her body were on her forearms and they were the result of poison ivy.  The lack of evidence resulted in the state having to dismiss the case.

State of Texas v. EM – Sexual Assault of a Child – NO BILLED – Client was accused of sexual assault of his daughter.  We were hired prior to the client being charged while the case was still in the investigation stage.  We were able to complete our own investigation and were allowed to present our side to a grand jury.  The grand jury refused to indict the client and no charges were filed.

State of Texas v. MH – Bond Hearing – Client was arrested for Possession of a Controlled Substance and Tampering with Evidence. The client has an extensive criminal history and has been to prison a few times on enhanced state jail felony charges.  The DA improperly classified the client as a “habitual offender” and requested that the defendant be held without bail.  The appointed lawyer never approached the judge to request a bond and never looked into the prior offenses to realize that the client was not a habitual offender.  One week after I was hired, I was in court and requesting a bond be set.  The client had been in jail almost three months and was out of jail before the holidays.  Also, the “40 year” offer from the state was no longer a possibility considering the case without “habitual offender” status carries a maximum punishment range of 20 years.