Selected Recent Results - Part 2

2010

Federal: U.S.A. v. T.P. Judgment of acquittal Granted at close of Government's case -- Possession of firearm in furtherance of a drug trafficking offense.

Client was charged with theft of a computer from an apartment after she moved out.

Result: Case dismissed by District Attorney's office.


Client was arrested for possession of cocaine under a gram, a state jail felony punishable by up to two years in a state jail facility and up to a ten thousand dollar fine.

Result: Case was reduced to a Class A misdemeanor and client was granted deferred adjudication. Following completion of the deferral period , the case will be dismissed and the client will be eligible to apply for an Order of Non Disclosure.


Client was cited for alleged assault by offensive contact on office co-worker.

Result: Case was dismissed by Collin County District Attorney's Office after the matter was set for jury trial. Following the expiration of the statute of limitations, the client will be eligible to apply for an Expunction Order.


ALR: Client was arrested by Dallas Police for driving while intoxicated after someone called the police to report client.

Result: The evidence presented at the ALR hearing was insufficient to show that the police decision to stop my client's car was lawful. The Administrative Law Judge refused to authorize the Department of Public Safety to suspend my client's driver's license.


Client was arrested for assault on the elderly.

Result: Cased dismissed by District Attorney's office during the week before trial.


Client was arrested for Failure to Identify.

Result: Case was dismissed during the week before trial by Collin County District Attorney's Office. Client was arrested for DWI and agreed to submit to a breath test which showed a breath alcohol concentration that was over the legal limit. After watching a video of the event I asked the Court to exclude the breath test results from evidence.

Result: The Court agreed that the proper procedure was not followed and excluded the breath test from evidence.


ALR Client was arrested for DWI after police suspected he was intoxicated and operating a car that was involved in a collision. Prior to the ALR, my review of the documents provided to me by the Department of Public Safety led me to believe that the Department's Attorney's did not have sufficient admissible evidence to prove "operation."

Result: The Court agreed and refused to authorize the Department of Public Safety to suspend my client's license.


ALR Client was arrested following a two car accident and transported to the hospital where her blood was drawn. The lab report indicated that the client's alcohol concentration was nearly double the "legal limit." At the hearing I argued that the evidence was insufficient to demonstrate that my client was operating a car.

Result: The ALR judge agreed and the Department of Public Safety was not allowed to suspend my client's license.


Driving While Intoxicated: Client was arrested while behind the wheel while pushing another car. According to police, she "failed" the Standardized Field Sobriety Tests even though her breath test results were below the legal limit. Despite the fact that the breath test was below .08 the officers insisted during testimony that my client was intoxicated.

Result: Client found not guilty after trial.


Administrative License Revocation (ALR) Client was arrested for Driving While Intoxicated and submitted a breath sample nearly twice the .08 limit. The Department of Public Safety sought to suspend her driver's license. At the hearing I pointed out defects in the evidence the Department's attorneys sought to present.

Result: The judge agreed and refused to admit the evidence. The case was immediately dismissed and the client will keep her license.


Client was arrested for Driving While Intoxicated after leaving a local bar at 2:00 a..m. The police claimed that the client failed the Standardized Field Sobriety Tests and refused to give a breath sample.

Result: Client found not guilty after trial.



2009

Client was arrested for Possession of a Prohibited Weapon. The severity of this charge depends upon the type of weapon. In this event the charge was a Third Degree felony. My client was facing a charge with a punishment potential of two to ten years in prison. After investigating the facts, I presented written information to the Grand Jury on both the facts and the law.

Result: The Grand Jury did not indict my client, and returned a No Bill, effectively bringing the case to a close.


Client was arrested for assault- family violence. He was only seventeen and without even consulting an attorney, he chose to represent himself. He was given a lengthy probation after pleading to the charge- as filed. A family violence finding has severe consequences that this client did not know about when he represented himself. The family came to see me and I agreed to represent the client in an attempt to set aside the conviction or obtain some relief from the consequences for this young man.

I filed a post conviction application for a writ of habeas corpus, arguing that the numerous procedural defects in the case required that the judgment be set aside. I was able to essentially reopen the case and have the family violence finding deleted from the judgment, more than a year after the client pleaded guilty on his own to the charge.

ALR- Client was arrested for Driving While Intoxicated. At the Administrative License Revocation hearing I argued the evidence presented by the State's lawyers was insufficient to have the Court consider my clients' blood test results as evidence.

Result: The Judge agreed and refused to allow the Department of Public Safety to suspend my client's driver's license.


Client was arrested for possession of marijuana when the police let themselves into a suburban backyard through a privacy fence. My client was seated at a picnic table with marijuana on the table. Seeing what may be a Fourth Amendment violation, I filed paperwork asking the Judge to exclude evidence of the marijuana from trial.

Result: Rather than risk losing at the hearing, the District Attorney's office reduced the charge to a Class C ticket and client received a short deferral. Client will be eligible to expunge the record.


Client was arrested for possessing marijuana at his school during school hours.

Result: Case reduced to Class C ticket and client received short deferrred. He will be eligible to expunge record.


Client was arrested for marijuana after police located it on his person after a "pat down." I felt that the search and seizure violated the Fourth Amendment and so I set the matter for jury trial.

Result: Case dismissed prior to trial by District Attorney's Office.


Client was arrested for possession of marijuana following a traffic stop when marijuana discovered in her console.

Client has a previous conviction for possessing marijuana.

Result: Case reduced to a Class C ticket and client given short deferred. Client will now be able to expunge the record.


My client was arrested after a traffic stop when the police discovered that she had illegal drugs in her purse. I filed paperwork asking the judge to exclude evidence of the drugs from trial.

Result: The court set the matter for hearing and the District Attorney's Office dismissed the hearing on the day of the hearing.


My client was arrested for assault on Christmas day. At trial, three people testified that my client hit the alleged victim with his fist. When it was my turn to question the witnesses, I was able to show the jury that the testimony was inconsistent and contradictory.

Result: The jury found my client not guilty of assault.


My client was arrested for possessing marijuana after the police searched his car and located marijuana. I filed a pretrial Motion to Suppress (asking the court to bar the evidence from trial). At the hearing I argued that the new case of Arizona v. Gant required that the evidence be suppressed. The Court agreed and suppressed the evidence.

Result: The state now has no evidence to use at trial and the case will likely be dismissed.


Client arrested for Assault -Family violence for allegedly attacking her adult brother. I set the matter for trial.

Result: Case dismissed by the Collin County District Attorney's Office on the morning that the case was scheduled for jury trial.


Client arrested for assault -family violence by allegedly biting her husband's face. I set the matter for trial.

Result: After the matter was set for tria,l the Collin County District Attorney's Office reduced the charge to a Class C and offered non reporting deferred adjudication with no conditions on the new Class C offense. Client will now be eligible to expunge this case.


ALR- Client is a minor who was arrested for Driving Under the Influence in a hotel parking lot. At the Administrative License Revocation (ALR) hearing, I argued that there was no evidence presented that the police had a lawful basis to detain my client.

Result: The judge agreed and Department of Public Safety was unable to suspend my client's license. He will retain his driver's license.



2007

Client arrested for Driving While Intoxicated after speeding and admitting to consuming six or seven beers. Client submitted breath sample showing results of .178 and .165.

Result: Client found not guilty following court trial.


Client arrested for Criminal Trespass.

Result: Client found Not Guilty following court trial


Client arrested for Driving While Intoxicated after striking police cruiser with her car.

Result: Client found Not Guilty by jury following jury trial.


Client arrested for Aggravated Assault, a second degree felony, by Plano Police. After my office conducted a thorough pre indictment investigation, I submitted materials for the Grand Jury to consider.

Result: The Grand Jury decided not to indict client, thus effectively bringing the case to a close without formal charge.


Client arrested for theft of dvd player and several movies from Costco.

Result: Client found not guilty by judge after trial.


Client arrested for interfering with an emergency call.

Result: Client found not guilty by judge after trial.


Dallas County. Client arrested for aggravated asault, a second degree felony, for incident with multiple witnesses.

Result: The charge was reduced to a misdemeanor. Client received a short deferred and will have the opportunity to have the case dismissed and the record sealed.


Client arrested for Driving While Intoxicated. I filed paperwork contending that the police stopped my client's car without a lawful reason.

Result: The Court agreed and exlcuded all evidence from trial. The Collin County District Attorney's Office dismissed the case the day before jury trial.


Client charged with striking a highway fixture with her car and failing to notify the owner of the property.

Result: Case dismissed by Collin County District Attorney's Office.


Client arrested for assaulting his wife and charged with Assault-Family Violence

Result: Case dismissed on the day of trial by prosecutors.


ALR- Client who is under 21 was arrested for DUI. At the hearing I argued that the Department failed to prove a lawful basis for the police to stop my client's car.

Result: The judge agreed and did not allow the state to suspend my client's license. Client arrested and indicted for Burglary of a Habitation, a felony charge with a potential punishment of up to 20 years in prison.

Result: At the pretrial conference the Distict Attorney's Office reduced the charge to a misdemeanor theft charge and client received a short probation.


ALR- Client faced loss of driver's license for driving while intoxicated arrest. ALR case dismissed at hearing when I argued to the judge that the state's pleadings contained a defect.

Result: Client's license will not be suspended.


Client arrested for Driving While Intoxicated, and submitted two breath samples that were both over the legal limit of 0.08 on the machine used by the police to measure alcohol concentration.

Result: Client found not guilty by jury following jury trial.


Client was facing a Theft charge. After reviewing the procedural history of the case, I filed paperwork with the court asking that the case be dismissed due to a violation of my client constitutional right to a speedy trial.

Result: Judge dismissed the case and discharged client following a hearing on the matter. Client arrested for destroying the property of another person right in front of the police.

Result: Client found not guilty by judge following a trial before the court.


Client arrested for Driving While Intoxicated when police confused client's medical condition for intoxication.

Result: Case dismissed by Collin County District Attorney's Office after case was set for jury trial.


Client arrested for Felony Theft of over five thousand dollars.

Result: After obtaining police records and speaking several times to the police detective,the police did not even file a case with the District Attorney's Office.


Client arrested for DWI, second offense.

Result: Client found Not Guilty by Judge following court trial.


Client arrested for allegedly assaulting her friend's mother. After reviewing the evidence the case was set for trial.

Result: Case dismissed by the Collin County District Attorney's Office several days after the pre-trial announcement hearing.


Client arrested for theft from large chain store and faced a charge involving the potential for jail time and large fines.

Result: Case reduced to Class C theft. Client given a fine only on a short deferred adjudication. He will be eligible to have the case expunged from his record.


Client arrested for theft for allegedly shoplifting from a major department store.

Result: On the day of trial the Collin County District Attorney's Office reduced the charge to a Class C and client was given a brief deferred adjudication. She will be eligible to have the case expunged from her record. Client arrested for Assault- Family Violence for allegedly hitting her husband.

Result: After investigating and presenting the facts to the District Attorney, the case was dismissed by Collin County District Attorney's Office.


Client charged with Burglary of a Motor Vehicle for allegedly breaking into cars and removing the belongings, along with another person. After reviewing the strength of the evidence, and considering potential legal defenses, the case was set for jury trial.

Result: Case dismissed one week before trial by Collin County District Attorney's Office.


Client arrested for Driving While Intoxicated, Second offense. After careful review of the evidence, the case was set for jury trial

Result: On the day of trial, the Denton County District Attorney's office reduced the charge to Obstructing a Highway and the client was able to avoid a DWI 2nd conviction, and all of the negative consequences that come with a second DWI conviction.


Client arrested for assault - family violence and the case was set for jury trial.

Result: The Denton County District Attorney's Office reduced the charge to a Class C misdemeanor moments before the trial was to begin.


Client faced up to 99 years or Life in prison, and a minimum of 25 years in prison when indicted as an Habitual Offender for Burglary of a Habitation, having been convicted of burglary of a habitation on two previous occassions.

Result: Client received deferred adjudication probation in Collin County.


Client charged with Indecent Exposure for allegedly exposing himself to a woman in a parking lot. After careful investigation I set the case for trial.

Result: Case against client was dismissed by the Denton County District Attorney's Office one day before the pre-trial conference.


Client arrested for aggravated assault with a deadly weapon for allegedly pointing a gun at a group of people. Through careful cross-examination of the state's witnesses in court, Mr. Wadas established that his client was in fact assaulted and did not have a gun:

Result: Collin County Grand jury refused to indict client.


Client arrested for assault:

Result: Case dismissed by Denton County District Attorney's Office at the pre-trial hearing.


Client arrested for theft:

Result: Case dismissed by Denton County District Attorneys Office.


Client arrested for assault- family violence for allegedly choking his wife.

Result: Case dismissed by Collin CountyDistrict Attorney's office.


Client faced potential loss of license for allegedly failing a breath test following a DWI arrest. Mr. Wadas persuaded the judge that the police report did not adequately explain the reason why the police stopped her car.

Result: Client's license was not suspended and she was able to keep driving.


Client indicted for felony theft after admitting to police that he took thousands of dollars worth of items from his employer, while he was already on probation for theft.

Result: Charge reduced to misdemeanor.


Client indicted for felony credit card abuse when allegedly observed on video using a stolen credit card at a department store.

Result: Charge reduced to misdemeanor, and client received deferred adjudication.


Client arrested for felony possession of a controlled substance.

Result: Case reduced to misdemeanor and client granted deferred adjudication -no jail.


Client arrested for felony tampering with a government record, a charge punishable by up to ten years in prison.

Result: Case reduced to misdemeanor.


Client arrested for Theft.

Result: Case reduced to Class C misdemeanor and given a fine only.


Client arrested for Criminal Trespass.

Result: Case dismissed by Denton County District Attorney's Office.


Client arrested for Driving with a Suspended License.

Result: Case dismissed by Tarrant County District Attorney's Office.