Category Archives: 2019

Worth defendant charged with Sexual Battery acquitted after 2 day trial

The Defendant was charged with sexual battery for allegedly groping a waitress at a restaurant. At trial, the Defendant testified that although he did touch the waitress on her leg, he did not grope her. We argued to the jury that he believed that he had her consent to touch her on the leg based on years of friendly interaction and banter at the restaurant. We used frame by frame display of the security camera from the restaurant to show the jury that after he placed his hand on the back of her knee, she took two steps towards him and then leaned up against him with her arm across his back. We argued that kind of behavior would cause anyone to believe it was alright to touch her on her leg and then got the court to instruct the jury that if someone does an act under the mistaken belief that they had permission to do so, it is not a crime. At the conclusion of the trial, it only took the jury less than 30 minutes to find the Defendant Not Guilty!

Harris Aggravated Assault case dismissed after we refused to plea

The Defendant was arrested and accused of having beaten his estranged wife. We collected sufficient evidence to show that she was unworthy of belief and that she was making the story up to benefit her in the divorce case. After some time passed, the victim passed away from an illness. We researched the law to prove that the state could not proceed without her and the state dismissed the case.

Worth county Reckless Conduct case dismissed after we demanded trial

The Defendant was involved in an ongoing family feud over land rights. When he engaged in some target practice on his property, opposing family members called the police and claimed he was shooting in their direction. He was arrested for reckless conduct. We pointed out to the state that the video alleged to show the crime in fact showed nothing. In addition, we lined up various witnesses to testify at trial and insisted on a trial rather than any type of plea. The state dismissed the case.

Early DUI and Possession of Marijuana case dismissed after we went to trial

The Defendant was arrested after the police stopped him at a roadblock. The police claimed they could smell the odor of marijuana and arrested him for DUI drugs. During the search, they found marijuana on the Defendant and arrested him for that as well. At trial, the state called its first witness who could not remember the case off the top of his head so he read from the report. We objected and prevented him from reading the report. The state then tried to tender the dash cam video, but the officer was not the one that recorded the video on to a DVD and had not viewed it so we again objected and prevented them from being able to play the video. With no officer testimony and no evidence to explain what happened, the state decided to dismiss the case in the middle of trial.

Mitchell County Disorderly Conduct case dismissed after we filed a Speedy Trial Demand

The Defendant was arrested after getting into a fight. Our investigation made us confident we could win at trial since the Defendant was merely defending herself against an attack by the other girl. Therefore, we filed a Demand for Speedy Trial insisting on a quick trial to exonerate the Defendant. The state failed to bring the case to trial in a timely manner, so we filed a Motion to Dismiss which was granted by the court.