Recent Defense Cases and Outcomes

1. DISMISSAL THEFT – Collin County, TX, State v. J.C. Theft case based upon a bank draft, for the purchase of a vehicle from a car dealership, that was insufficient and lacking funds to support the draft. Defendant/client was in the business of buying and selling cars, and after defense presentations to the Collin County District Attorney’s Office, the prosecution dismissed the case prior to trial.
   
   
2. DISMISSAL - State v. F.G., Dallas County, Texas. Injury To Child - prior to trial the State dismissed the case after discussions with the prosecutor about the State’s weak case due to questionable of evidence.
   
   
3. DISMISSAL – Northern District of Texas, Dallas Division, U.S. v. W.A. Extortion case – conspiracy to extort money and transmitting interstate communications with intent to extort money. Case was dismissed after Indictment for these extortion charges. The defendant/client was indicted based upon allegations that he stole sensitive material regarding investors from a company and then offered to sell the information for one million dollars. The United States Attorney’s Office dismissed the case after defense presentations which showed no criminal intent by the defendant.
   
   
4. NO INDICTMENT / INVESTIGATION CLOSED – Northern District of Texas, Dallas Division, re T.H. Bank fraud and false statements to a financial institution. Investigation concerned real estate closings with allegations of inflated appraisals and inflated income/cash flow on loan applications and closing statements. After various meetings with the United States Attorney’s Office and agents of the Federal Bureau of Investigation (FBI), and presentations of evidence to the U.S. Attorney’s Office, the investigation as to this target/defendant was closed.
   
   
5. NO INDICTMENT / INVESTIGATION CLOSED – Northern District of Texas, Dallas Division, re H.K. Fraud, Bribery and False Statements to an Agency. Investigation concerned allegations that the target/client, an employee of the Social Security Administration, was obtaining Social Security benefits/monies for persons who would pay him to do so. After various contacts with and presentations to the United States Attorney and the agent for the Office of the Inspector General, the U.S. Attorney’s Office declined prosecution.
   
   
6. NO INDICTMENT – Western District of Texas, re M.H. Bribery of Officials. Investigation of monies to school board members in exchange for contracts for services to the local school district. After discussions and presentations to the United States Attorney, the client is not indicted, but will be a witness if necessary.
   
   
7. NO INDICTMENT / INVESTIGATION CLOSED – Northern District of Texas, re D.B. Transmission of Pornographic Images/Possession of Underage Images. After discussions and presentations to the United States Attorney’s Office, the investigation was closed with no action.
   
   
8. DISMISSAL – Weapon in a Prohibited Place, State v. D.C., Dallas County, Texas. Client unknowingly brought a handgun through the screening area at Love Field Airport, Dallas, Texas, when she had misplaced the weapon by leaving it hidden at the bottom of her duffle bag. After it was discovered she was charged with this felony in Dallas County, and after presentations of evidence that showed no intent to violate the law, the Dallas County District Attorney’s Office dismissed the case.
   
   
9. NO CHARGES – Dallas County, Texas. Sexual Assault (Juvenile) - the Dallas County District Attorney declined charges after evidence and considerations provided by the defense.
   
   
10. GRAND JURY NO BILL (REFUSAL TO INDICT) - Ellis County, Texas. Credit Card Abuse/Theft - defendant was arrested for theft and use of another person’s credit card. After presenting legal arguments and factual information, including a truthful polygraph exam and an affidavit of a person with the defendant, to the District Attorney for presentation to the Grand Jury, the Grand Jury refused to indict the case.
    
    
11. NEGOTIATED COUNSELING - State v. N.M., Tarrant County, Texas. Prescription fraud - Investigation of a physician who allegedly wrote numerous prescriptions for controlled substances for fictitious persons. Negotiated counseling instead of prosecution.
    
    
12. DECLINED PROSECUTION – State v. M.M., Dallas County, Texas. Presenting/misrepresenting substandard college degree - investigation of an individual who allegedly misrepresented that his college degree was from an accredited university on an application for employment with a police department. After discussions factually and legally with the Dallas County District Attorney’s Office, the D.A.’s Office declined prosecution.
    
    
13. REFUSAL TO INDICT – State v. O.R., Dallas County, Texas. Assault with bodily injurt (domestic violence) - Grand Jury No Bill - arrest and investigation of a wife who injured her husband during a domestic dispute. After presenting a packet of information for the Grand Jury’s review, the Grand Jury refused to indict.
    
    
14. DISMISSAL - Northern Distric of Texas federal extortion case. Client was indicted in federal court for conspiracy to extort money, and for communications with intent to extort monies, in violation of Title 18, United States Code, Section 875(d), for allegedly attempting to obtain money from the original owners of a lead list of potential investors. After presentations to and reviews of the evidence with prosecutors, the United States Attorney’s Office dismissed the Indictment against my client for lack of evidence.
    
    
15. INVESTIGATION CLOSED / NO INDICTMENT - Federal investigation in the Eastern District of Texas for bank fraud and mail fraud.  The United States Attorney’s Office declined in 2006 to seek an Indictment in an investigation of alleged fraud by a travel agency after “9/11” created restricted booking availability abroad.  The U.S. Attorney’s Office declined to proceed after defense counsel presentations.
    
    
16. DISMISSAL – State v. BR, Kaufman County, TX. On-Line Solicitation of a Minor (for sexual purposes) case dismissed by the State. Allegation was that the defendant solicited an underage female via email communication to meet for sexual purposes.
     
    
17. GRAND JURY NO-BILL (REFUSAL TO INDICT) – State v. CS, Collin County, TX, burglary of a habitation (residence).  The Grand Jury refused to indict after defense presentation.
     
    
18. DEFENDANT RESPONSIBLE FOR LESS THAN GOVERNMENT CLAIMED – Federal case, U.S. v. WB, Eastern District of Texas.  The defendant proceeded to trial in this drug trafficking case and was convicted, although the jury found that the defendant was responsible for much less cocaine than alleged by witnesses for the government.  The government’s case alleged that the defendant had trafficked in at least 100 kilograms of cocaine, yet after trial, the jury found that the defendant was responsible for only 500 grams to less than five (5) kilograms.
    
    
19. NO REVOCATION - STATE V. JF, TARRANT COUNTY , TX. Court dismisses the State’s petition to revoke probation after presentation of evidence to the court, along with rehab verification.
    
    
20. ASSAULT CASE DISMISSED - DALLAS, TX . Case dismissed at trial after defense presented the fact that the victim‘s testimony would be different than believed by the prosecution.
    
    
21. ASSAULT CASE DISMISSED - GARLAND , TX. Case dismissed after defense presented evidence affecting victim’s testimony.
    
    
22. ACQUITTAL - U.S. v. CDM, federal court in the Eastern District of Texas.
    
    
23. NOT GUILTY - verdict after trial in a drug conspiracy case.
    
    
24. GRAND JURY NO-BILL (REFUSAL TO INDICT) - State v. LG, Dallas County, TX, injury to child case. The Grand Jury refused to indict after defense presentation.
    
    
25. GRAND JURY NO-BILL (REFUSAL TO INDICT) - State v. WB, Dallas County, TX, attempting to carry a weapon on board an aircraft. The Grand Jury refused to indict after defense presentation regarding the defendant’s carrying a handgun into the boarding area for flights at Dallas Love Field Airport.
    
    
26. DISMISSAL – State v. ZL, Dallas County, TX, unlawful carrying of a weapon. The State was prosecuting this weapon case based upon the client carrying a non-folding knife through the security checkpoint leading to the boarding area for flights at Dallas/Fort Worth International Airport. After defense presentations indicating no intention to violate the law, the District Attorney’s Office dismissed the case.
    
    
27. DISMISSAL - State v. MM, Tarrant County, TX, operating a security company without a license. The State dismissed after presentation of the defense investigation results to the District Attorney’s Office.
    
    
28. SECURITY CLEARANCE NOT REVOKED - U.S. Department of Defense, Office of Hearings and Appeals v. ST, administrative action seeking the revocation of a security clearance issued by the Department of the Navy for an employee of a company engaged in providing and maintaining weapons systems equipment, and communications. After litigation and a trial, the Administrative Judge declined to revoke the clearance, holding for the applicant/defendant.
    
    
29. NO CHARGES/INDICTMENT FOR MONEY LAUNDERING - State v. EO, Kleberg County, TX, arrest and investigation regarding alleged laundering of monies of illegal activities. The State agreed to not seek an Indictment after a defense presentation and settlement on forfeiture issues.
    
    
30. DISMISSAL / PRE-TRIAL DIVERSION - federal case, U.S. v. J.T., et al., Northern District of Texas. The U.S. Attorney's Office dismisses the Indictment alleging fraud in a U.S. Department of Agriculture food and child care program. The federal prosecutors dismissed this case shortly before trial after realizing the defense prepared in this case was significant and compelling.
    
    
31. GRAND JURY NO-BILL (REFUSAL TO INDICT) - State v. MM, Tarrant County, TX, impersonating a police officer. A grand jury refused to indict after defense counsel presentation.
    
    
32. INVESTIGATION CLOSED / NO INDICTMENT - federal investigation, Northern District of Texas. U.S. Attorney's Office declines to seek an Indictment in an investigation of facilitating drug trafficking and maintaining a place where drug trafficking occurs, after defense counsel discussions and presentations.
    
    
33. DISMISSAL - State v. NH, Dallas County, TX, an offensive touching case.
    
    
34. INVESTIGATION CLOSED / NO INDICTMENT – federal case, Eastern District of Texas.  U.S. Attorney’s Office declines to seek an Indictment in an investigation for illegal sales of military equipment, after a criminal defense attorney presentation.
    
    
35. INVESTIGATION CLOSED – after a defense attorney presentation to a federal agency about a client that was a potential target of a mail fraud investigation in North Texas, the agency declined to proceed.
    
    
36. GRAND JURY NO BILL (REFUSED TO INDICT) – State v. MM, Dallas County, TX, tampering with a witness and operating a security company without a license.  A grand jury refused to indict after criminal defense attorney presentation.
    
    
37. GRAND JURY NO BILL - State v. JG, Dallas County, TX, possession of controlled substance.  A grand jury refused to indict after criminal defense lawyer presentation.
    
    
38. NO REVOCATION – State v. JR, Dallas County, TX, public lewdness/indecent exposure.  After presentation of criminal defense presentation of evidence to State, the State agreed to not revoke the probation for public lewdness, and agreed to not prosecute for new allegation of indecent exposure.
    
    
39. DISMISSAL - State v. BB, Collin County, aggravated perjury case, based upon the defendant's filing of a civil suit and sworn pleadings therein.
    
    
    
40. DISMISSAL - State v. JM, Tarrant County, deadly conduct case based upon an allegation that the defendant pointed a weapon at another.
    
    
    
41. GRAND JURY NO BILL - State v. KK, Dallas County, possession of a weapon in an unauthorized place. The grand jury refused to indict after the defense presentation.
    
    
    
42. NO PROSECUTION - State v. AS, Parker County, manufacturing and possession of controlled substances case. The State agreed to not prosecute the defendant after presentation to the District Attorney.
    
    
    
43. REDUCED - State v. JA, Dallas County, aggravated sexual assault case. The State agreed to reduce the charge to a Class C misdemeanor assault.
    
    
    
44. DISMISSAL -  State v. JF, Dallas County, TX, indecent exposure case.
    State agreed to dismiss after presentation of unique circumstances and
    evidence not known to the State.
    
    
45. DISMISSAL - Kaufman County, TX, theft case
    
    
46. DISMISSAL DURING HEARING - In re LN, Dallas County, TX, the court
    dismissed an application for a protective order to be entered against my
    client.
    
    
47. DISMISSAL - City of Addison v. MD, assault case
    
    
48. GRAND JURY NO-BILL - State v. PC, Dallas County, TX, the grand jury
    refused to indict on the State's proposed case after defense
    presentation.
    
    
49. NO CHARGES - State v. BD, Parker County, TX, the State agreed to not
    pursue charges after presentation to the District Attorney.
    
    
50. DISMISSAL - Henderson County, TX, DWI case
    
    
51. GRAND JURY NO-BILL (REFUSAL TO INDICT) – State v. NF, aggravated assault with a deadly weapon, Dallas County, TX. The grand jury refused to indict after obtaining affidavits from witnesses and after a defense presentation.


52. NO CHARGES / INVESTIGATION CLOSED – State v. WR, Tarrant County, TX, aggravated sexual assault. The District Attorney’s Office declined to seek an Indictment after defense presentations.