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Case Results for the Week of January 13, 2014 – Harris County

State of Texas v. JS – Driving While Intoxicated – DISMISSED – Client was found passed out behind the wheel with the engine running, but the vehicle was in park, with the driver’s side door open.  One of the material elements of the charge is that the state must prove “operating” beyond a reasonable doubt.  The question that would have been presented to a jury was whether or not the client was operating a motor vehicle.  We convinced that state that this fact pattern would not cause a jury to find, beyond a reasonable doubt, that the client was operating a motor vehicle and as a result, the state dismissed the charges.

State of Texas v. AB – Probation Violation – DISMISSED and REINSTATED – Client was accused of violating his probation by using alcohol and committing a new law violation of criminal mischief.  We were able to convince the judge to reinstate the probation and not require any jail time as a condition of probation.

State of Texas v. JH – Theft $20,000 – $100,000 – 3 years Deferred Adjudication – Client was a charged as a habitual offender facing 25 years to life in prison if convicted.  After thoroughly investigating the case, we were able to show the state that they may have a hard time proving the case beyond a reasonable doubt that the client actually intend to defraud the customers/complainants and as a result, the state reduced the charge to a Theft of $1500 – $20,000 and the court granted a deferred adjudication.  If the client completes the terms of the probation, then he will not be convicted and will never serve a day behind bars.

State of Texas v. LA – Assault – DISMISSED – Client was accused of getting into a fight with a bouncer at a bar.  The client was hit by the bouncer first and was merely defending himself.  This same bouncer pushed a female patron earlier, which stated the verbal argument.  When we pushed to set the case for trial, the state made the right choice to dismiss the case.

State of Texas v. TB – Theft – Felony Charge Reduced to Misdemeanor – Client was facing 2 to 20 years if convicted.  Our investigation revealed some issues with the case.  The State offered the client 45 days in jail on a misdemeanor charge and the client decided to accept the deal rather than risk 2 to 20 years at trial.