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Charge: Retaliation, 3rd Degree Felony
Result: Felony dismissed and refiled as a misdemeanor which was dismissed pursuant to deferred prosecution
The client was arrested for public intoxication and during his ride back to the station, began threatening the police officer which led to the Retaliation charges. We immediately realized that the client’s behavior was due to his intoxication and that he possibly had a substance abuse problem. We immediately enrolled our client into treatment and met with the prosecutor early on about not indicting the case. After several additional meetings, the prosecutor agreed to refile the case as a misdemeanor and we then were able to convince the prosecutor to allow our client to enter into deferred prosecution whereby our client agreed to continue treatment and do community service.
Charge: Criminal Mischief, Burglary of Habitation
Result: Burglary of Habitation charge dismissed at Magistration
Hired to perform jail release for client. Based on legal arguments to magistrate at time of jail release, magistrate agreed to dismiss the Burglary of Habitation charge and signed personal bond for client on criminal mischief charge.
Charge: Stalking
Result: Felony Dismissed; Deferred Adjudciation on Misdemeanor
Stemming from an intimate relationship with another University of Texas student, client was accused of stalking him, because of correspondence, voicemail messages and behavior at the complainant’s dorm. We subpoenaed all records from the school, as well as client’s health records. Through investigation it was discovered that, while some of the client’s behavior might be considered annoying to complainant, there was nothing to show that client’s behavior was in any way threatening of bodily injury or harm to the complainant, a necessary element of a felony stalking charge. It also became clear that police may have attempted to influence the complainant to prosecute when he had previously not wanted criminal consequences for our client. After almost a year, the State agreed to reduce the case to a Class B misdemeanor and deferred adjudication probation for nine months, allowing client’s case to be dismissed when she completed probation successfully.
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