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Case Results for the Week of December 9, 2013 – Harris County

State of Texas v. SL – Possession of a Controlled Substance – DISMISSED – Client was a passenger in a car that was stopped in a parking lot.  The police detained the client and the other occupants because they “looked suspicious” and then the officer searched the vehicle and found drugs.  Because the drugs were seized as the result of an illegal detention, the case had to be dismissed.

State of Texas v. JJ – Assault on a Family Member – DISMISSED – Client was wrongfully accused of striking his wife in the face multiple time with a closed fist.  This was a simple family argument that got out of hand and resulted in my client being accused of assault.  The complainant had no visible injuries to substantiate the claims that were made.

State of Texas v. JT – Unlawful Carrying of a Weapon – DISMISSED – My client got a call that a family member was very ill and wouldn’t have too long to live.  My client booked the next flight out of town, threw a change of clothes in a back pack and rushed to the airport. While going through security, TSA spotted a gun in my client’s backpack that he did not remember was there.  My client immediately apologized and admitted that he had forgotten to take the gun out of the backpack.  Instead of allowing the client to put the gun in his car, the police arrested and charged him.  The state could not prove the essential element of “Intent” required to get a conviction, so the state properly dismissed the case.

State of Texas v. RR – Felony Retaliation (set for trial), then refiled as a Misdemeanor Interfering with Public Duties the day before the trial was supposed to start. – DISMISSED – The client was pulled over for not wearing his seatbelt.  When the officer asked my client why he wasn’t wearing a seatbelt, my client tried to explain that he was not required to because he was operating a Farm Truck which was exempt from the seatbelt requirements.  The officer started making fun of the way my client talked because he had recently recovered from a stroke.  My client requested a supervisor and in no uncertain terms told the officer the “kiss his ass” for making fun of him.  The officer wrote my client the ticket and then started to leave after my client signed the promise to appear.  My client decided that he wanted to wait for a supervisor and therefore, stayed on the side of the road.  The officer got back out of his car and began to order my client to leave.  They began to argue, so the officer shot my client with a taser.  The taser did not affect my client because he has a metal rod in his back, so my client pulled the prongs out of his arm and started to walk back to his truck.  The officer took it upon himself to take my client to the ground and then tased him multiple times before handcuffing and arresting him.  While the officer was putting my client in the car, my client made a comment that treating people the way this officer did could result in him being shot.  The officer claimed he felt threatened and requested a felony charge from the district attorney.  The client was originally given an appointed lawyer who didn’t believe in the case or the client and was constantly trying to get the client to plead guilty.  The client refused and the case was set for trial.  I was hired on the case and completed my investigation.  I found where this same officer had been involved in previous incidents indicating that he was loose cannon.  The felony case was dismissed the day before trial after the state offered to reduce the case to a misdemeanor and offered the client no jail time and no fine.  The state refiled the case as a misdemeanor.  We continued to fight and refused to back down.  Ultimately the case was dismissed.

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