In the Matter of a Child
Our Client was accused of a first degree felony, determinant sentence (meaning he could be tried as an adult), and aggravated robbery with a deadly weapon (gun). This case turned into a two-day trial in which the Client was ultimately convicted of aggravated assault with a deadly weapon. Although he could have been sent to TYC from 2-4 years, he was instead put on probation until his 18th birthday, which was approximately one year later.
The facts surrounding this case were that the victim alleged that our Client had hit him with a gun, and there was a concern that after he hit him our Client pulled the trigger several times, but the gun jammed. The victim accused our Client of attempted murder. There was a complicated domestic abuse situation between this man and our Client’s sister. Our Client believed he was coming for her aid. Ultimately, there was no excuse for our Client pulling out a gun on the boyfriend, although there were numerous instances of domestic violence from the victim against our Client’s sister in the past. The Judge decided that it was a case of our Client being a “young buck” and coming on strongly towards the victim. That being said, through the testimony of our Client, his girlfriend, and the other people involved, we were at last able to show that our Client did not act without reason. Instead, he simply overacted in what he considered was a fearful situation. The Client was a straight-A student and was doing very well in school. We helped him stay out of trouble and he did very well on his conditions of detention and release. Our Client came from a very poor family where both parents had left for Mexico, leaving him here to raise himself. Given these factors, we argued that this action was self defense. Although we didn’t win altogether, we were able to avoid a sentence of time in TYC for an extended period of probation.
As the Client’s case was nearing closure, he was accused of the burglary of a vehicle with some other boys in the adult system, and at that point risked his entire probationary term as well as a conviction as an adult case. After getting the Client out of adult jail and doing some investigation, we found three witnesses and were able to show the Juvenile Court that it was not him. He was with those boys earlier in the evening, but because he fit the description of a “young, Hispanic boy,” this was not enough to convict the client of any type of burglary whatsoever.
In the Matter of a Child
Juvenile client charged with Assault. Charges DISMISSED after completing community service and writing apology letter.
Details: In yet another example of overreaction, a ten (10) year old is arrested for assault after another child is injured playing “tackle soccer.” The teachers complained that client did not apologize for tackling the other boy, and when confronted, client said “I’m not going to apologize; I’d do it again.” As a result, child is referred to the SRO and formal assault charges are filed. While numerous court appearances are made trying to resolve the matter outside of the legal system, the case is ultimately resolved and dismissed after client agrees to do community service hours after school and write an apology letter to the other boy.
In the Matter of a Child
Juvenile client charged with Indecency with a Child by Contact. Charges DISMISSED and client avoided sex offender registry.
Details: Client was accused of a sex based offense – indecency with a child by contact. He and another group of boys were accused of taking a mentally ill girl and locking her into a closet and fondling her breast and buttocks. After our interview with the client, it appears that there was a pre-existing relationship with the victim and one of the boys involved. They had been dating and in fact were still dating when the offense occurred. I learned that he and some other boys went over to her house and she and the other boys were kissing and the ex-boyfriend were engaged in quasi-sexual contact, our client had nothing to do with it whatsoever. The incident she was referring to happened with another boy and in fact was not of a sexual nature. If anything she was mad at her boyfriend. Suffice it to say that after some investigation and upon learning that the young woman was no longer available for questioning, there was some concern about the truth of her statements. The State then dismissed the case on all charges. The client was not registered as a sex offender.
In the Matter of a Child
Juvenile client with history of running away charged with Burglary of Habitation. While case pending and after running away again, client charged with Possession of Marijuana. After client ran away a second time, the BOH charge was DISMISSED and client pleaded to POM with very limited two-month probation and went to a residential treatment center.
Details: Client was accused of a burglary of a habitation. The state alleged that he and three other boys were casing a house and that our client was in the process of tearing the window screens off and entering the home as the owner pulled in honking his car horn. Client was accused of being the lookout and was charged with being a party to the burglary. Our client, however, vehemently denied the fact that he was the lookout and claimed that he was walking past on his way to the bus stop. After looking at the scene and validating his information as well as that from some witnesses, we were able to convince the State to dismiss charges.
Unfortunately, there were two problems: The first was that the client had a history of running away and so the place where he had stayed before with his relatives no longer wished for him to stay there. Ergo, he was going to be locked in detention. After a tremendous of work, we were able to find a relative willing to take him in. Within one hour of him living there, though, he ran away for two months, jeopardizing the dismissal and the living situation we had set up. Client was then arrested on a POM case where he was brought back into custody and we convinced his relatives to take him in again. Within TWO hours this time, the client ran away for another month and a half. By the end of the case, the relatives were still rather frustrated, but the case couldn’t be proved by the State, but the POM case was easy for them. As part of a plea deal, the burglary case was dismissed and client went into a residential treatment center where he is doing VERY well, having won several awards as the hardest worker, etc. Client had a very tragic and sad upbringing and we worked very hard to provide him some structure and accountability. Instead of the standard 6-month probation, we were able to get the judge to agree to a very limited 2-month probation sentence.
In the Matter of a Child
Juvenile client charged with Evading Arrest, Resisting Arrest and Delivery of a Controlled Substance in an undercover buy. Evading and Resisting charges were DISMISSED and client pleaded to DOCS and was placed on probation at home.
Details: Client was accused of three offenses: Evading arrest, resisting arrest, and delivery of a controlled substance. This was an undercover buy where the police officer on audio tape had been posing as an undercover agent and our client and another boy were accused of delivering to him and selling him two rocks of crack cocaine. While client had at the outset said that he wanted to plead guilty, we did some investigation and found that there was an issue with the undercover buy. So we obtained the audio tapes and we had looked at some lab reports and we found a pretty glaring error in the lab report. In the offense report, it references four different rocks that the other boy was trying to sell the officer and our client was there with him. The lab reported there being two rocks of crack, meaning that there was a chain of custody problem causing a question about which two rocks made it into evidence – our client’s or the co-respondent’s. So with that in mind, we set the case for trial and we had prepared some lengthy trial motions to suppress all of the evidence based on the chain of custody issues. On the morning of trial, unfortunately, when we met with the DPS lab export, there was an error at the lab and they were able to show that there were in fact four rocks. So the client decided that he would stand up to the truth and accept responsibility. The State dismissed the other two cases and was placed on probation at home, which was his primary concern (is concern the right word, maybe goal?), for the delivery of a controlled substance.
In the Matter of a Child
Juvenile client with terrible history of domestic violence toward him charged with Burglary of Habitation. With the help of an outstanding probation officer, client accepted deferred prosecution, after the completion of which his case was DISMISSED.
Details: This kid was so young and so small with a terrible history of domestic violence from his father. Our client, then, also had issues controlling his anger and temper. We negotiated with the prosecutor to get our client involved in some counseling and anger management because he had some pent up feelings and bitterness about his father being incarcerated. This was a struggle because there were SO many issues with the family in getting him to follow through on his classes and counseling. There was a great probation officer who helped us all the way through. He completed his classes and counseling and after getting him into DPU, we were able to have the case dismissed.
In the Matter of a Child
Juvenile client charged with Burglary of a gun shop and was facing up to eighteen (18) additional Burglary charges. All pending cases were DISMISSED and client pleaded to first charge.
Details: This case involved a burglary of a gun shop, but attempt to steal by our Client. Some boys went into an abandoned warehouse. It turned out NOT to be abandoned but was part of a rather large gun shop. As the boys were inside messing around and playing with a computer, they had triggered a silent alarm to which the SWAT team responded around 3:00 A.M. After a couple of minutes the SWAT team had totally surrounded the house, scaring the boys to death as they ran out. Thankfully they were not shot because one of the boys had run out with one of the guns. With outstanding restraint shown by the Police, nobody was hurt.
What happens over the next 24 hours is what makes this case so incredibly interesting. The police did not contact our Client’s parents as they are supposed to under the family code. They also did not do the proper warnings of our Client, nor did they take him to a juvenile processing facility. Instead of taking him to Juvenile Court, they deliberately went to a different judge to get him magistrated. They then interrogated him for the next four or five hours without telling his mother, who was frantic by this time, and without knowledge of her child’s whereabouts. She contacted us during the process.
During the course of that interrogation, our Client admitted to about 18 other entries to other buildings. Not much in the way of intent to steal, but more just him and some kids being rather ignorant about how serious trespassing is. He was charged with 14 burglaries and there were another 7 or 8 that he admitted to but that they couldn’t match case #’s to. The Client took an incredible amount of responsibility in all of these break-ins.
We spent about 6 weeks doing research, going out to these buildings, and extensively researching the legislative history of the family code about these provisions we believed the police violated. We drafted a VERY lengthy Motion to Suppress all of the statements. Without those statements, none of the evidence could have been proven because there was no physical evidence to link ANY of the burglaries aside from the current one to him. While preparing what was going to be a huge Motion to Suppress, on the morning of the hearing the DA conceded that we may be right in terms of the illegal nature of the interrogations and offered to dismiss all pending cases if he pled guilty to the burglary of the building where he was caught.
In the Matter of a Child
Juvenile charged with Assault, Burglary of Habitation and Burglary of Vehicle while on probation for Burglary of Habitation and Theft. This client was very, very young, so DA agreed to hold charges so client could go live with his father in a different state.
Details: Charges held and Client given second chance to change life
Client was charged with a number of offenses and was on probation for burglary of a habitation and theft. He was arrested for assault, another Burglary of a Habitation, and Burglary of a Vehicle. Because he was so young, there was a concern that there wasn’t much to do with him. His criminal history was very bad. When we were first appointed to the case, one of the first things we did was to advocate that the Client find another family member to live with. While we had very little success initially, we were able to track down the Client’s father, who lived in Philadelphia and who hadn’t had much contact with our Client. We arranged around Christmas time to get a plane ticket for our Client to Philadelphia to live with his father where he would have more discipline than he had ever gotten here in Texas. He was doing much, much better living there and the court agreed to hold all charges in abeyance until our Client would turn 18 when his progress would be reassessed. Although we never had to litigate much for the Client, we were able to find a better situation for the Client to hopefully turn his life around.
In the Matter of a Child
Juvenile client charged with Assault. Client accepted Deferred Prosecution and after one year all mention of incident will be off of client’s record. Charge dropped.
Details: Client was charged with assault. The case involved our Client and several other boys basically taking a kid out of the lunch line, pushing him into the bathroom where another kid pummeled him, punched him in the face, and took his money. When the boy was questioned, he named our Client as the one who started everything, took his money, and punched him in the face and stomach. His account of the event was 180 degrees different from our Client’s account. He admitted that he was there but that he was just watching and laughing, egging things on. In fact, he said that he was friends with this victim and did not hit him at all. The Client did not have much of a criminal record, but also did not come off very well because he had been missing school and doing poorly. We worked very, very hard to get him working hard at school and doing well on pretrial release. We were able to verify to the DA that Client was participating in a work-based learning summer program, doing what he could on SW Keys, that his mother was very strict and that all was going well. As it turns out, we were able to contact the other boy’s school to clarify what happened.
The case ultimately came to a rather emotional conclusion where the victim was really embarrassed, humiliated and angry that our Client had betrayed him by not coming to his aid. Our Client was honest and said he was scared and did the wrong thing by going along with the group. Through much negotiation between the boys, we didn’t want to call the victim a liar, but wanted to get an agreement that our Client was not involved in the capacity that the victim originally claimed. We eventually worked out the case such that the victim did not want to pursue robbery charges against our Client because the boys were able to resolve their differences. The other boys involved were all charged with assault. We were able to negotiate deferred prosecution for one year for our Client, with nothing on his record after that period of time, unlike the four other co-respondents.
In the Matter of a Child
Juvenile client charged with repeated Violations of Curfew, Criminal Mischief, and Trespass. Two charges DISMISSED and client received short probation term for third.
Details: You know that a case is never going to go well when before you are appointed to the case and you look at the court file you see a note saying that “Client was detained for calling the Judge an asshole.” Faced with this beginning, the Client had three pending cases: repeated violations of curfew, criminal mischief, and trespass. Essentially the Client was accused of going with other boys to a vacant lot and tracking mud over white carpeting and throwing mud-balls against the wall. Client’s defense was that he did go there and track mud in, but there were several other boys at the school that had gone in and done much worse things to the home. Unfortunately, because he had been seen and caught there, he was accused of a substantial amount of damage. As the case went on, we were actually involved with Advocacy, Inc. because the Client had such severe learning problems and a history of psychological instability. We had tried unsuccessfully to get the Client into a deferred prosecution program. Unfortunately, during the term of our representation, the Client tested positive for drugs. He was in need of a lot of help. We were ultimately able to convince the District Attorney to dismiss two of the cases against him and he was only forced to serve a short probation term for one of them. We followed up with the Client periodically and he ended up doing very well in new school programs and was significantly happier. We were able to develop a good relationship with him and helped him to be able to trust adults and believe in himself.
In the Matter of a Child
Juvenile client charged with Burglary of Habitation. Client accepted Deferred Prosecution and after short time case was DISMISSED and removed from client’s record.
Details: Client was charged with BOH and it was alleged that he had entered an apartment through a window and opened the front door for three other boys. Client was very young and this was his first contact with the system. He was in the fourth grade and he had repeated third grade because of academic problems. He was going to school and doing the best he could, but he was caught pretty much red-handed. With enough investigation into what had happened, we determined that one of the other boys was significantly older than our client and had encouraged him to climb through the window because he was so small. Our client didn’t realize that even though he didn’t take anything, he was facing a felony charge for burglary. Because it was a felony charge, the State refused to agree to a motion for deferred prosecution on a case that would eventually be dismissed. We presented evidence at a Motion for DPU hearing and based on our client’s performance at school and at home and being so young as compared to his co-respondents. The Court agreed to our Motion for DPU and the case was eventually dismissed and taken off of our client’s record.
In the Matter of a Child
Juvenile client charged with Robbery. All charges DISMISSED.
Details: Juvenile client was charged with robbery for supposedly placing an ice-cream vendor in fear and robbing him. Investigation by defense discovered that the ice-cream vendor was not in fear but was just mad and upset that one of the boys did not pay for an ice cream. All charges were dismissed
In the Matter of a Child
Juvenile client charged with Assault. All charges DISMISSED.
Details: Juvenile client was charged with assault for pushing another kid at school. We were able to show that it was another kid and not our client and convince the prosecutor to dismiss the case. All charges were dismissed.
In the Matter of a Child
Juvenile client charged with nine offenses over 6 month period, including Evading Arrest, Burglary of Vehicle, Assault, Retaliation, and Coercing Gang Membership. Client pleaded to two charges of Evading and one Assault, four Felonies were DISMISSED and client received probation.
Details: The results of this case are from negotiation and nothing more than that. The client was accused of nine different charges picked up over the course of six months. The first string of offenses resulted from evading arrest when he was under suspicion for burglary of a vehicle. The next string occurred with a fight at school when he was accused with two other kids assaulting another student in middle school. This resulted in two felonies being charged against him when the next day the principal and the teachers allegedly witnessed him retaliating against the boy for telling the teachers on him. The young man’s criminal spree was not over yet because two days later the same boy he was alleged to have assaulted, he assaulted again and was charged with an additional felony of coercing gang membership. Client then no longer wanted to be with us for several months. Somehow at the ripe old age of 14 years, he found his way to Abilene, TX where he worked construction as a 14-year old Lumper. He was arrested on yet another evading arrest when found as a passenger in a stolen vehicle.
Client from the very beginning had denied assaulting the victim. There were four witnesses: a principal, a teacher, another school administrator, and another student witness, in addition to the complainant who identified our client as the one who pushed him and tried to instigated fight. That being said, even with our investigation and calling all of these witnesses, it was pretty clear that our client had started a fight with the other boy. Our client maintained that he always just asked the complainant why he told on him rather than assaulting him. The evading arrests were no contest – he clearly ran. There was a dispute as to whether he was in the gang, but it was obvious. Walking in, we knew there was going to be a problem with the fact that the most serious of the cases we were going to be contesting, the state was clearly not budging on any of the three felonies. As predicted, and during repeated negotiation sessions, the state refused to waive any of the three felonies. They wanted him to be TYC eligible. In response, we determined that this boy needed drug treatment, and in conjunction with a probation officer, made sure that he was staffed for out-patient drug intervention. We offered on the morning the case was set was to let him plead to evading arrest because that was no-contest, that way he could get going on probation, get enrolled in IOP, get other services started, rather than have him wait in detention for three or more weeks as we go things going for trial. This would be a proactive stance on the case. This forced the district attorney’s hand because he knew that the judge would want to agree to this but at the same time, I don’t necessarily know if he wanted to try the assault cases. His first offer was to convict the assault cases and drop the retaliation cases, which we didn’t want to do. Furthermore, we were given different counter offers, pleading to the gang membership case, which we also didn’t want to do. After much round and round, we announced ready for a plea on at least one case and the state wanted to have trials on the other cases. That was then corrected by the state, allowing us to dismiss four of the cases, three of which were felonies, and allowed us to plea to the two evading arrest and one assault by pushing, for which our client was given probation. The reason that negotiation was so important was the simple fact that we did not care about going to trial – we had done all of the work. Even though we would have clearly lost the trial, the client wanted to take it rather than plead guilty, so we stood behind our client. There was a reason that he wanted to try the cases and we were comfortable in taking it there. Ultimately that is what allowed us to have the confidence and posturing that we needed to get the result we wanted.
In the Matter of a Child
Juvenile client charged with two counts of Criminal Mischief. Client pleaded to reduced charge and received 3 months probation at home.
Details: Client, along with two friends, tears up landscaping and vandalizes pool area in apartment complex by pulling up sprinkler heads, throwing pool furniture into pool, knocking drinking fountain from its wall mount, and throwing mud into the pool. Client admits to the behavior. Met with assistant district attorney and convinced him to dismiss Class B charge and proceed on Class A only. Advised that client has learned from his mistake and needs only a short period of supervision to prove so. Prosecution agreed to 3 months probation.
In the Matter of a Child
Juvenile client charged with Aggravated Assault with Deadly Weapon, Terroristic Threat, Assault Family Violence and Theft from Person. All Felony charges DISMISSED and client pleaded to two counts Terroristic Threat.
Details: Client charged with Aggravated Assault with a Deadly Weapon – 2nd Degree Felony, Terroristic Threat – Class B Misdemeanor, Assault Family Violence – Class A Misdemeanor, and
Theft from Person – State Jail Felony. An argument between client and her brother got out of hand and client ended up waving a knife and threatening her brother after the two exchanged words and punches. Our tactic with the prosecutor was to point out that the crime client was accused of was just that, a family squabble that escalated on both sides. We got the brother in for a statement and an affidavit of non-prosecution. Based on this work, prosecution was willing to remove all charges except terroristic threat.
Her theft charge involved joining another girl at school in a fight with a student during which the student’s wallet was taken. This incident occurred months prior. Because facts were somewhat unclear as to the element of theft, we were able to convince prosecution to reduce this charge to a terroristic threat as well.
In the Matter of a Child
Juvenile client charged with Burglary of Habitation. Client pleaded True and received 9 months probation at home.
Details: Client was at a friend’s apartment one night with several others when the decision was made to burglarize a neighbor’s apartment. Client helped his friends break into the apartment and carry out several items. Client initially claimed he did not actually enter the apartment, but later admitted to doing so. Because client did not want to go to trial we were left with negotiating the best terms possible for a conviction. Prosecutor agreed to 9 months probation.
In the Matter of a Child
Juvenile client charged with two counts of Theft. One Felony DISMISSED and other reduced to Misdemeanor for 9 months probation at home and restitution.
Details: Client and his brother were caught with a golf cart that had been stolen from a nearby golf course. The brothers were riding the cart in the backyard of their home. Further investigation by police resulted in evidence linking client to two more golf carts. One golf cart had been spray-painted white. All had suffered some mechanical and cosmetic damage. A major issue of this case was the amount of damage and how much restitution would be asked for. Initially the golf course manager assessed damage at between $7,000 and $9,000. After several estimates that we were able to prove were suspect or for the wrong cart, we arrived at an amount of approximately $1,900. Negotiations with the prosecutor resulted in one felony theft charge being dismissed and the other being reduced to a misdemeanor criminal mischief.
In the Matter of a Child
Juvenile client charged with two counts Graffiti. All charges DISMISSED.
Details: Client was riding the bus on his way home from school. At the bus stop he saw a large group of kids at a middle school and client went to see what was going on. Several kids were spray painting a school building and soon the police arrived. Client was identified by another student and by police as being one who had participated in the spary painting. Client maintained his innocence all along. When the prosecutor refused to dismiss the charge (an offer of 3 months probation was made) we set the case for trial. Just prior to trial the state agreed that there may have been a mistake made concerning the identification of client as one who participated in the painting, and the case was dismissed.
In the Matter of a Child
Juvenile client charged with Criminal Trespass, Burglary of Vehicle, Theft, Unauthorized Use of Motor Vehicle, and Evading Arrest. All but one chargewas DISMISSED and client pleaded to reduced charge of Burglary of Vehicle and probation extended for 3 months.
Details: Client was stopped by police while driving a stolen car. He got out of the car and ran, but police were able to catch him. The car had its side windows broken and the stereo had been removed. In addition, client was already on probation for a theft conviction. Several meetings with the assistant district attorney resulted in all charges being dismissed except for the Unauthorized use of a Motor Vehicle. That charge was reduced to a misdemeanor Burglary of a Vehicle.
In the Matter of a Child
Juvenile client charged with Possession of a Controlled Substance in Drug Free Zone. Client pleaded and received 1 year probation at home.
Details: Client was searched at school and drugs were found in her backpack. This was the second time she had been charged with having drugs at school. Client had several mental health issues and a dysfunctional home situation. Client consented to the search at school. We contacted a co-respondent who had already pled guilty to similar charges and obtained information that weakened the State’s case. This information allowed us to negotiate the charge down to a misdemeanor.
In the Matter of a Child
Juvenile client charged with Truancy and Theft. Client successfully completed 6 months deferred prosecution for both charges.
Details: Confusing situation where client was place on deferred prosecution for 6 months for truancy and a theft charge. Problem was that prosecutor argued that 6 month DPU was for the truancy charge only. Documentation regarding case and information provided by client’s probation officer indicated that DPU was given for the theft charge only. We argued our point in front of the Judge and convinced him to apply the 3 months of DPU the client had already completed to both charges.
In the Matter of a Child
Juvenile client charged with Assault on a Public Servant, a 3rd Degree Felony. All charges DISMISSED.
Details: Client was charged with whipping his 8th grade teacher in the back with a belt. We immediately contacted the teacher and learned that she had not wanted the case prosecuted, but only wanted our client to be informally disciplined at school for inappropriate behavior. As it turned out, our client was one of her favorite students and they had had a very close, almost informal relationship whereby they would do a lot of joking around. Just prior to the incident, our client and the teacher had been joking around and our client, being a typical 12-year old boy, got a little carried away and accidentally snapped her in the back with a belt. The teacher thought that this was inappropriate so she reported it to the school principal with the hopes of him just getting talked to by the principal. Instead, the principal called the police which ultimately ended up with our client being charged with this felony offense. After speaking with the teacher, we were able to set up an informal meeting between myself, the teacher and the DA. Through that meeting, and the addition of numerous character and reference letters we obtained on behalf of our client, we were able to get all charges dismissed.
In the Matter of a Child
Juvenile client charged with Assault Family Violence. All charges DISMISSED.
Details: Client, a 14-year old, was charged with assaulting his younger sister, age 13, by pushing her after she had started to tease him. Both of the parents were home and but instead of simply telling her parents, the girl had learned in school that if anyone touches you, you should call 911. So, within minutes, the cops arrived at the door and arrested our client!! We immediately coordinated with the family to get them enrolled in private family counseling. We then requested an informal meeting between the family and the DA. We also presented the DA with numerous character letters from our client’s teachers and scout leaders, as well as a letter from the sister saying she did not want the case prosecuted. Luckily, we were able to convince the DA to immediately dismiss all charges.
In the Matter of a Child
Juvenile client charged with Felony Graffiti. All charges DISMISSED.
Details: Client was charged with felony graffiti for spray painting the walls of a local high school. The client’s family hired us immediately, before charges were formally filed. Before the charges were filed, we immediately contacted the prosecutor and offered to pay the restitution – the amount spent having to remove the graffiti and repaint - to avoid the filing of the case. The prosecutor agreed but by a clerical oversight, the case was filed. We were able to convince the prosecutor to stand by her word and she dismissed the case outright.
Result: All charges dismissed
In the Matter of a Child
Juvenile client charged with Indecency with a Child by Contact, a 2nd Degree Felony. All charges DISMISSED.
Details: Our client, a ninth-grader, was accused of sexually assaulting a ninth-grade girl after school one day. The girl claimed that our client had held her down on a bench outside of the school and grabbed her breasts and vagina. Our client maintained his innocence and claimed that while he was there joking with her after school, he never touched her. We immediately interviewed some of the other kids that were outside who said they saw the whole encounter and never saw our client touch her whatsoever. On top of the criminal case, the high school our client attended had notified us that they were going to try to expel our client from school on the basis of the alleged sexual assault. We attended the expulsion hearing whereby we called all of the witnesses. We won the expulsion hearing and were able to keep our client enrolled at his school. We then made a collateral estoppel argument for the criminal case, arguing that because this case had already been litigated at the school level, the prosecution should be precluded from re-litigating it. On a different basis, the prosecutor ultimately ended up dismissing all charges against our client.
Result: All charges dismissed.
In the Matter of a Child
Juvenile client charged with Burglary of Habitation and Theft. At trial, Burglary charge thrown out and client found Not Guilty of Theft. Client’s record to be sealed of arrests.
Details: Juvenile client was charged with burglary of a habitation (2°felony) and theft class B. Complainant, who was Hispanic, had reported that he saw 2 or 3 black kids come on to his back patio and steal some bikes that he had purchased at a garage sale that day and was fixing up to sell for profit. When complainant saw bikes had been taken, he jumped in his truck with his son to go around the neighborhood to try to get them back. Client, who is African American, happened to be leaving his friend’s house on his bike when he was stopped by the complainant on the street and accused of being a bike thief. Complainant physically took client’s bike away from him and put it in his truck and drove away. Client denied taking the bike and yelled at complainant that he had the wrong person and the wrong bike. Client followed complainant all the way to his apartment trying to get his bike back. Complainant threatened to call the police and client told them to go ahead and call because they had the wrong bike. Client waited for the police to arrive and told them what had happened. Complainant told police that client was one of the boys who had stolen the bike from his patio. The police arrested client.
At trial, we had the burglary charge thrown out because the back patio was not part of a home, a requirement for proving burglary. Client was found not guilty of theft because the judge believed that there was doubt that our client was the person involved and the complainant may have identified the wrong person and the wrong bike. Client’s record was sealed as to the arrest for theft and burglary.
In the Matter of a Child
Client as a juvenile was required to register as a sex offender for 10 years; at the age of 21 came to us looking to be excused from continuing to register. Motion argued successfully and client no longer required to register and juvenile record sealed.
Details: Client was required to register as a sex offender after having been adjudicated as a juvenile. Client hired us to get his registration excused prior to the expiration of the 10 years he was required to register. At the time he hired us, client was 21 years old and was about to graduate from the University of Texas. He was married with a baby girl and had a promising future ahead of him in the field of engineering. He had never again been in trouble with the law. However, throughout his high school and college experience, he had difficulty obtaining jobs-even hourly, minimum wage jobs, because of background checks that showed him to be a registered sex offender. Given his field of engineering, many if not all career positions-especially government positions would be closed to him because of this status.
After a hearing before the District judge, we won the motion and client was excused from further registration as a sex offender, and his juvenile record was sealed.
In the Matter of a Child
Juvenile client charged with Assault on a Public Servant and Resisting Arrest. Just before trial, Resisting DISMISSED and Assault reduced to Misdemeanor and client pleaded to 6 months deferred adjudication, after successful completion of which case will be DISMISSED also.
Details: Client was charged at the age of 17 with assault on a public servant (a 3° felony facing 2-10 years) and a misdemeanor, resisting arrest. Client, who was a ward of the state after being removed from his mother by Child Protective Services, was living in an independent living program for adolescents and young adults. Client had a history of mental illness, but was stable and on medication. Staff of the program where client lived received information from another resident that client and a 3 y resident were overhead joking about a gun. Staff questioned client and the other resident. Client got angry and denied having a weapon. The police were called to stand by as staff did room searches to ensure there was no gun on the property. Client became angry and left the house. The police showed up and followed client down the street and back to the house. Police busted in the door of the facility with guns drawn, ordering client to the ground. Client argued with the officer that he had done nothing wrong. The officers forcibly threw client to the ground and one officer slammed his face into the ground. Client had had his wisdom teeth removed the day before and his mouth began to bleed profusely where the police had shoved his jaw into the ground. Client struggled in pain with the officer and staff of the facility, as well as other residents. Other residents were yelling at the police not to hurt client and let them know about his jaw. One officer claimed client kicked him during the struggle and client was charged with Assault on a Public Servant.
The case was set for trial and was continued several times because the court was in trial on other cases. Finally, just prior to going to trial, the state offered to reduce client’s case to a misdemeanor and place him on 6 months deferred adjudication probation. The resisting arrest case was dismissed, and client successfully completed probation and had the other case dismissed, leaving him with no conviction of any kind.
In the Matter of a Child
Juvenile client charged with Assault. Client successfully placed outside of his home per his request and Assault charge DISMISSED.
Details: Juvenile client accused of assault on his father. Father did not intend on prosecuting, merely wanted services to help with child. Child had long CPS history, history of abuse and mental health issues. School very supportive, concerned regarding home. Continual physical discipline bordering on abuse from dad (kid had been removed years before from mother because of allegations of sex abuse by mother’s boyfriend); at one point during pendency of case, father admitted to hitting child and splitting open his forehead. Case set for trial because was unwilling to dismiss. Other witnesses in case were family members; while investigation found inconsistencies in statements, as well as admission that there may be viable self-defense claim by child because strike by child on dad occurred when father was dragging child out of the house by his neck. Prior to trial, father threw things and was verbally abusive to child, child made request to our office and to his school to be removed from dad’s house. We contacted Lifeworks shelter for placement of child pending trial and for counseling. Counselor at Lifeworks, as well as school staff, was very concerned regarding father’s lack of parenting skills and volatile relationship between child and father. Child wanted foster home. Finally, we requested hearing before district judge regarding ongoing concerns. Met with prosecutor regarding problems with dad’s home, more appropriate nature of CPS case, rather than juvenile, case. Hearing before district judge regarding potential abuse, child’s fear. Juvenile probation officer was in agreement regarding CPS. Judge ordered CPS to take custody and control of child and determine best placement. State dismissed juvenile case.
In the Matter of a Child
Juvenile client charged with Disorderly Conduct. On the day of trial, case was DISMISSED.
Details: We had previously represented client on another school related matter. In this case, client, age thirteen, was charged with a class C disorderly conduct for pushing another child at school. While it was a minor case because our client had mental health issues and resulting behavior concerns, his parents were concerned with him having any assaultive behavior on his record. We set the case for trial before the court; when the complaining witness did not show up, the State dismissed the case.
In the Matter of a Child
Juvenile client currently on Deferred Prosecution for Shoplifting ran away from home. Client placed on probation and reunited with family.
Details: Client had been placed on DPU for a shoplifting charge. Client had completed all requirements of DPU, except that, a few weeks before the DPU review when she could have had the case dismissed, she ran away from home. While the court ultimately would not continue her on DPU, she was placed on probation and reunified with her family, after being placed in grandmother’s care for a short period of time.
In the Matter of a Child
Juvenile client adjudicated at age 12 for Indecency with a Child by Contact and Sexual Assault of a Child wherein he was required to register as a sex offender. At age 18, client came to us looking to be excused from registering. After a hearing with several supporting witnesses, the judge granted our motion and client was allowed to stop registering.
Details: Client had been adjudicated on Indecency with a Child by Contact and Aggravated Sexual Assault of a Child in 1997, when he was only twelve years old. He had long ago completed probation and therapy and had no other incidents or involvement with the law or the courts. He was a good student, played in the band, participated in his school’s mariachi band and was part of a dance group at school. However, since the time of his adjudication, he had been required to register as a sex offender, at this point, for the last six years. He was about to graduate from high school, was eighteen years old, and was worried about how the sex offender registration was going to affect his ability to go to college and get a job. Additionally, he had suffered public humiliation at school when several students got on the internet in a computer class, pulled up the sex offender website, found our client’s name and photo, and printed it many times and distributed it all over the school.
He and his family retained us to file a Motion to Excuse Registration, allowing him to discontinue registering before the ten year juvenile registration period was up. We filed the motion, and after a hearing with multiple witnesses supporting this child and testifying regarding his rehabilitation and his good character, the Judge allowed our client to stop registering.
He has recently turned twenty-one years old and we have filed a motion to seal his records completely so that his juvenile record cannot be disclosed or used.