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Texas Criminal Charges Case Results

Listing of some of my case results:

Other Criminal Charges
Offense
Verdict
Details
Assault Dismissed Wife arrested for allegedly hitting husband. State dismissed on negotiated "special expense" plea bargain.
Terroristic Threat Dismissed State of Texas v. Kwiecynski - Statute requires that there be threat of imminent bodily injury, which in this case there was not. Complaining witness stated she was not in fear of physical injury or contact.
Unlawful Carrying a Weapon Dismissed State had no evidence to overcome
the traveling presumption.
Failure to Report Abuse Dismissed Complaining Witness lied to Officers regarding Mother's knowledge of abuse by Mother's then boyfriend, Dismissed on day of trial.
Burglary of a Habitation Dismissed State v. Neil, Defendant lived at residence of Complaining Witness and had key to gain entry. State charged wrong person.
Carrying a Weapon Dismissed State v. Drew, Traveling exception applied, no evidence to rebut presumption.
Deadly Conduct Dismissed Complaining witness said he did not feel personally threatened. Defendant swung and broke lamp in house but did not threaten his wife, the complaining witness.
Resisting Arrest Reduced State v. Tobias, State improperly charged Defendant and had weak evidence of resisting.
Burglary of a Habitation Dismissed Defendant lived at residence of Complaining Witness and had key to gain entry. State charged wrong person.
Carrying a Weapon Dismissed Traveling Exception applied, no evidence to rebut presumption.
Deadly Conduct Dismissed Complaining witness said se did not feel personally threatened. Defendant swung and broke lamp in house but did not threaten his wife, the complaining witness.
Resisting Arrest or Detention Dismissed Client charged with resisting arrest but she was not being legally arrested for anything other than being drunk in her own house, which is not a crime.
Failure to ID Dismissed State dismissed as part of negotiated plea bargain where client received no jail no probation and only had to pay a fine.
Unlawful Carrying of a Weapon Dismissed Client was traveling with father's handgun, State Dismissed as part of negotiated plea bargain and due to new law creating "traveling" exception"
Motion to Adjudicate Guilt - Theft Dismissed State dismissed as part of negotiated plea bargain where client came current on all probation fees.
Failure to Stop and Give Information Dismissed Complaining witness lied about certain facts of case and client pulled over after reaching a safe place to stop. State dismissed upon proof of completing defensive driving.
Evading Arrest Reduced Client caught jaywalking with his seven year old daughter and off duty school police told him to turn around and walk back across street the way he came. Client ignored officer who was rude to him and his daughter and officer arrested for evading arrest. State agreed to reduce this ridiculous case to a Class "C" disorderly conduct and client just paid a fine.
Theft by Check Reduced Second offense by client, State dismissed upon payment of restitution.
Criminal Mischief Reduced State dismissed as part of negotiated plea bargain.
Felony Evading Arrest Reduced to Misdemeanor State reduced as part of negotiated plea bargain.
Prostitution Sealed Judge granted Petition for Non-Disclosure despite state's opposition and despite defendant's absence at hearing.
Criminal Mischief Dismissed Defendant poured diesel fuel on neighbor's lawn and tree, grass grew back, tree survived and flourished, no monetary damage as required by statute.
Retaliation Dismissed 183rd District Court
Felony Injury to a Child Dismissed State could not prove that Defendant intentionally or recklessly injured her son by throwing mop at him, it was accidental, state dismissed the day before trial.
Forgery Dismissed Defendant was victim of internet email fraud where he would receive a large check from overseas and then deposit it and send portion back, Defendant believed the scam was legit, dismissed based on State's inability to prove intentionally and knowingly.
Burglary of a Building Reduced State reduced to Misdemeanor, Co-Defendant signed statement confessing to crime and exculpating Defendant.
Indecent Exposure Sealed Previously denied petition for non-disclosure granted upon correcting Judge and District Attorney on statute surrounding procedure.
Credit Card Abuse Motion to Adjudicate Guilt Dismissed Judge agreed to reinstate probation and State dismissed motion to adjudicate.
Prohibited Weapon Dismissed Evidentiary problems proving defendant knowingly possessed, dismissed as part of negotiated plea bargain.
Theft by Check Dismissed Case set for trial and removed from trial docket and reset for disposition, State dismissed due to abundant reasonable doubt, evidentiary problems.
Burglary of a Motor Vehicle Dismissed Part of negotiated plea bargain designed to help protect client from deportation proceedings, State agreed to reduce marijuana charge to class B and dismiss Burglary of Motor Vehicle charge.
Forgery - Motion to Adjudicate Dismissed Client placed back on probation after testing positive for controlled substance, failing to report, failure to perform community service, failure to pay monthly fees, failure to keep employment, failure to attend drug program.
Evading Arrest with a Motor Vehicle Dismissed State dismissed as part of negotiated plea bargain.
Felony Retaliation Dismissed State dismissed case on day of trial.
Criminal Trespass Reduced Lack of evidence warranted reduction of charge to Class C Misdemeanor.
Failure to ID Dismissed Dismissed as part of negotiated plea bargain.
Felony Securing Execution of a Document by Deception Sealed None
Theft by Check Dismissed Negotiated dismissal upon payment of restitution.
Failure to ID Dismissed Insufficient evidence, defendant gave officer correct date of birth but showed up incorrect in system.
Failure to Stop and Give Information (Hit & Run) Dismissed Defendant gave insurance information and left his car at scene before leaving to use pay phone across street.
Interference with Emergency Phone Call (911) Dismissed None
Criminal Mischief Dismissed State could not prove damage alleged, no eyewitnesses.
Water Pollution Dismissed Dismissed before trial, defendant had no involvement in pollution.
Interference with emergency phone call Dismissed Negotiated dismissal contingent on completion of anger management classes.
UUMV Dismissed State could not prove defendant knew motorcycle was stolen.
Felony Evading Arrest (with a motor vehicle) Dismissed Couldn't see suspect in any part of in-car video, state could not prove knowingly.
Felony Forgery of Commercial Instrument Reduced to Misdemeanor None
Felony Burglary of a Motor Vehicle Sealed None
Fictitious Inspection Sticker Dismissed State could not prove knowledge.
Theft by Check Dismissed Improper notice given by complaining witness.
Theft by Check Dismissed State could not prove intent.
Harassment Reduced to class C Lack of evidence from complaining Witness.
Evading Arrest Dismissed No Probable Cause for an arrest.
Terroristic Threat Dismissed None
Sexual Assault Dismissed None
Theft Dismissed None
Theft Dismissed None
Theft Dismissed None
Failure to ID Dismissed None
Burglary of Habitation Dismissed None
Unlawful Carrying of a Weapon Reduced to class C None
Failure to ID Dismissed None
Running a Red Light Dismissed None

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