October 2021: Misdemeanor DWI Drugs case dismissed on the eve of trial in Harris County Criminal Court at Law No. 12
Client rear ended another driver on the highway. Officers arrived on scene and noticed sweaty, animated client claiming he had a panic attack. Client detained by 5 police, including specialized DWI unit to conduct standardized field sobriety tests before getting a warrant to draw client’s blood. Toxicology results reflects client was intoxicated on a cocktail of marijuana, morphine and fentanyl. Attorney Roth identified problems at all phases of the detention, investigation, SFSTs, blood draw, toxicology results and storage of blood.
Client accused of stealing from large retail store. Police illegally detained her without a warrant several minutes later. Police found clothing consistent with that allegedly stolen, which rang up on the store’s register as stolen. Prosecution offered to reduce the charge to a misdemeanor, but was forced to dismiss the case when presented with surveillance video showing that client did not steal.
Client accused of being a repeat offender who choked his girlfriend. State refused to dismiss the case until it came time to set the case for trial when Attorney Roth pointed out that the alleged victim does not want to prosecute the assault, and more importantly, that the apartment was not consistent with a scene where the alleged violent assault took place.
September 2021: Terroristic Threat and Trespassing cases dismissed in Harris County Criminal Court 15
Client was accused of stealing a neighbor’s TV and hiding it in another neighbor’s apartment and telling the second neighbor that he had a gun and would shoot her kids if she didn’t let him hide out. Case was dismissed just before the jury trial was set to begin.
September 2021: Failure to Register as a Sex Offender dismissed in the 228th District Court of Harris County
Client who had been convicted 5 times of failing to register as a sex offender was charged again. Attorney Roth was able to secure multiple bonds for client and convince the prosecutor to dismiss the case after exposing how difficult it was for the client to register as a sex offender during covid and proof of several new registrations by client.
Client was caught stealing items from a CVS. Despite his criminal history, Attorney Roth was able to negotiate the dismissal of client’s case in exchange for client taking an anti-theft class.
Client who got in a bad single car accident was charged with DWI in Fort Bend. Attorney Roth and client were ready to try the case after identifying problems with the breath test and instructions for the standardized field sobriety tests. Client accepted a 1 year pretrial intervention that will result in the complete dismissal of her case.
Client accused of driving while intoxicated after previously being convicted for DWI. Attorney Roth was ready to try the case, but client accepted a deal to take a conviction on a lesser class B DWI 1st with no additional jail time or probation.
Client was accused of making a false statement to a police officer following a car accident. Attorney Roth persuaded the judge that there was no probable cause to charge his client.
September 2021: Felony Forgery reduced to deferred adjudication on class B theft in 232nd District Court of Harris County
Client accused of forging a check from a business he never worked for. A thorough investigation revealed that it would be difficult to win this case at trial. The chief prosecutor wanted a felony conviction for my client, but Attorney Roth would not settle for that result and was able to negotiate a 9 month deferred adjudication on a misdemeanor theft for his client.
Registered sex offender hired Attorney Roth after being arrested for failing to register as a sex offender. Roth explained that client failed to register after getting beat up by her daughter’s boyfriend and leaving the home. Prosecutors dismissed the case after she showed proof of current sex offender registration.
Client got in a minor fender bender in Columbus, Colorado County, Texas. The local sheriff’s illegally detained my client, and waited for the Texas Troopers to show up. My client admits to having marijuana, yet supposedly tries throwing it away at the same time. Interestingly, the sheriff’s don’t write an offense report and never turn over their dash cam videos, and the Troopers don’t write an offense report for over a month. After exposing this pattern if the government tampering with evidence, the felony tampering with evidence case was dismissed and my client took a deferred on possession of marijuana. I really wish we could have tried this one!
This was a hard-fought case where my client was charged with possession of marijuana after she called the police and the cops illegally, in my opinion, kicked the door in when she was not there. These are the hard ones: where I as an attorney think there is a viable defense both legally and factually, but the client gives up after a year of being screwed around by the State.
I was invited to sit second chair with a mentor in an Indecent Exposure trial in Harris County where the client allegedly masturbated in the drive-thru at a Whataburger. It was a great feeling to help my client get a Not Guilty verdict on a such a serious case.
I was hired just before trial to help try a super aggravated sexual of a child case in Harris County where our client voluntarily confessed to his pastors, CPS, and the police to sexually assaulting his two year old niece. While all of his confessions were due to hallucinations, the worse part of his confession to the police was coerced. Read my full blog article on this case. What a great way to start the year!
Hardin County Sheriff’s Deputies and Texas State Trooper were called out to the hotel where my client was staying by a snitch who claimed my client was smoking marijuana in the room adjoining his. Cops show up to the hotel and get a master key from the hotel manager. My client gets upstairs at the same time as the cops. Cops pat down my client then open the door to several rooms, including my client’s. The cops found about 2 ounces of pot, a pistol, and several clips. This, my friends, is what we call an illegal warrantless search. Cops can’t go into your hotel room without a warrant in most circumstances. Not only was the case dismissed, but the case wasn’t even presented to the grand jury!
For the second time in a few months, I helped pick a jury with one of my mentors, Troy McKinney. This time it was in Harris County, and this time he got a not guilty verdict. Full disclosure: I only helped pick the jury as I was not available for the rest of the trial.
Well, getting a dismissal on a felony Improper Photography charge is a pretty good way to end 2015. I just wish I had gotten the dismissal under better circumstances. In case you don’t know, Improper Photography is also known as Revenge Porn. Don’t do it, folks.
My big jolly client allegedly pointed a gun in his long term ex girlfriend’s face and told her he’d kill her if she didn’t leave his property. The district attorney wondered why this wasn’t an aggravated assault. My answer: not even the cops believed her.
When the police went to pick up my client on a warrant, they conducted an arguably illegal search of his bag that was not on him for a gun. The cops opened up a key chain pill holder and found some weed. This was part of a deferred plea deal, but I was comfortable taking this one to trial.
My client allegedly hit his girlfriend/trailer park manager to the ground, causing her to suffer a scrape. The girlfriend admitted to me that she was drunk and the aggressor. This dismissal was part of a plea deal, but I felt comfortable taking it to trial.
My client was charged with felony prostitution. In Texas, if you have been convicted of misdemeanor prostitution three time, the next time you are charged with prostitution, it is a felony. This was a weak case against my client. No audio, no video, and the indictment was screwed up — meaning a directed verdict of not guilty if the judge followed the law, and a great shot a not guilty verdict from the jury if we reached that far. Unfortunately, the judge threw my client in jail after she failed a drug test just before trial, and then the judge reset the case for two month — evil stuff — forcing my client to plea. At least we got the felony dismissed and she took a deal on a misdemeanor. Not bad, but so easily could have been better. FYI, DON’T DO DRUGS WHILE ON BOND!
My client was allegedly hitting the bong at a stop sign. After sitting there for several minutes, hotboxing the car, an officer tapped on his window. The Montgomery County ADA dismissed the case because my client passed a drug test, but this was an illegal search and I was ready for trial.
My client was facing five to life before I was hired. He was busted when the cops lied to his mother — saying that someone called 911 and hung up and they need to do a welfare check — and needed to come into the house. Unfortunately for client and mom, mom had anxiety, and client was bedwritten after having several major surgeries. The cops come in and do a bogus search before finding a grow room with a whole lot of marijuana. They also found some rifles and guns. My client was a felon. I forget what the original offer was, but the prosecutor thought there was 100 pounds of weed — uh no! That was the weight of the entire plants, and soil too. My client’s prior criminal lawyer on this case didn’t do a damn thing, and that pisses me off. Lucky my client hired me just before trial. He ended up taking 9 months on the marijuana case, which is way better then the minimum of 5 years. I really hate that he pled, because I felt very confident that I would win a motion to suppress on the totally illegal search. Damn lying cops.
Not The Actual Grow Room
Harris County accepted charges for felon in possession of a firearm in the felony marijuana case from above. I made sure the charges wouldn’t be filed as part of the plea deal. Technically the charges weren’t dismissed, but this is even better… great deal for my client.
Felon In Possession of a Firearm Dismissed
I helped my mentor, Troy McKinney, pick a jury in a DWI trial in Fort Bend County. Troy won a motion to suppress the next morning and get a directed verdict of not guilty. It’s not my verdict, but getting the chance to pick a jury and sit second with one of the best DWI attorneys in the nation is a priceless experience.
CPS illegally took my client’s children away. I made sure she got them back.
Client allegedly backhanded her significant other while her significant other was fighting. After the couple parked, my client allegedly tossed the car keys across the parking lot. Case Dismissed.
There was a no trespass warning against my client, which made it a crime for her to be on that particular property. The warning was issued because she had been arrested for prostitution at that address several time. She also lived in the area. One day in May she was walking down the street as it began to rain, after it had been flooding for several days. My client went onto the forbidden property so as not to be arrested. I used the necessity defense to get the case dismissed. Again — I don’t care what the prosecutors write on their dismissals — just another sign of their dishonesty.
Harris county trespassing dismissed
My client was walking down the street in Third Ward, Houston, Harris County, Texas pushing his bike. A cop decides to pull him over and detain him for the Class B Misdemeanor of Obstructing a Highway. What a BS, race based stop! The cop then proceeds to pat my client down, despite not having any probable cause to do so! He finds a bag of cocaine. Well guess what? You can’t do that! You need to have a reasonable suspicion — the cop must be able to state and articulate why you think a person may pose a danger to you — and the search may only be for weapons (no manipulating the pocket or putting your hand into the pocket) — or have probable cause to search — which the officer did not. Illegal Search = Case Dismissed!
The DA can write whatever she wants on the dismissal form to make her happy. It Was A BAD SEARCH!
I helped Paul V. Kendell pick a jury in a resisting arrest case and helped win a Not Guilty verdict in Harris County. We struck gold when the arresting officer said Paul’s client couldn’t hear the officer. Why? Because the client was deaf!
My client was busted in a cantina with a ledger, there was voice recordings, and several witnesses. Case dismissed.
Another mid-trial possession of marijuana dismissal in Harris County. This client was in a car that was illegally searched and there were no affirmative links. I should have gotten a directed verdict of not guilty here.
I wish my client’s mother would have let me client fight this one. How can it be evading if you don’t have rearview mirrors on your bicycle and the sirens weren’t on? Still, not a bad deal.
Client was driving on Highway 59 back home to Mississippi when the cop pulled him over for driving in the left hand lane without passing. The cop took my client out of his car, and the computer said the car was stolen. The cop then determined the car was not stolen and asked my client for consent to search his car. My client exercised his right to deny consent, and the cop the brought out a K9. The K9 hit on some weed then found the gun. We demonstrated to the prosecutor that detaining my any longer after he denied consent to search his car was unlawful. Case Dismissed.
Client went to visit an elderly friend when a neighbor started yelling at my client for yelling at the lady’s kids. The lady claimed that my client waved a knife at her and threatened to stab her. I discovered that the lady had several fraud and forgery convictions and could not be trusted, in addition to no knife being recovered. I tried taking the case to trial, but when I told the prosecutor what the deal is, Case Dismissed.
March 2015: Harris County Possession of Marijuana Motion to Suppress Granted, and Case Dismissed Mid-Trial
Harris County Possession Of Marijuana Case Not Guilty - March 2015Client was sitting in his parked Cadillac at a park in the Fifth Ward when a cop decided to bother him for no good reason. My client was facing a minimum of thirty days, but after picking a jury I filed my motion to suppress. I showed that the cop had no reason to conduct a welfare check and the judge agreed. Motion to suppress granted and case dismissed.
Client was a passenger in car driving the wrong way down a one-way street. The car reeked of weed and marijuana was found all over the car, including under my client’s seat. I showed that the prosecutor couldn’t prove it was my client’s weed. My client was the only occupant of the car out of four that got a straight dismissal.
Client was pulled over for driving with his headlights off at night. The cop found almost two ounces of weed at his passenger’s feet. This was my client’s third Possession of Marijuana charge in a few months. I pushed the case to trial and got the case dismissed.
My client screwed himself on this one by telling the magistrate at probable cause/bond court that that the drugs were all his. The state offered him 180 days state jail. After a few resets I was able to get it down to 60 or 90 days 12.44(a), and his pregnant girlfriend’s case was dismissed. I should get credit for that too, right? Lesson learned, don’t admit to anything or try to talk you way out of anything during your first court appearance.
December 2014: Felony Tampering with a Government Document Motion To Suppress Granted, Case Dismissed
Client was pulled over because a wire was covering his license plate. The cop took my client out of his truck and began searching the truck. The cop then searched the passenger side of the truck before finding check stubs for someone else. The cop then called my client’s boss who brought a copy of the social security card he used to get hired. I filed a motion to suppress alleging that my client was under arrest and the cop did not have probable cause to search his truck. The judge agreed and his felony tampering case was dismissed.
Client allegedly offered a 16 year old girl money in exchange for a blow job, and after she said no, he parked his truck in the woods and allegedly chased her down. I was able to prove that all the girl ever wanted was the love, attention, and affection of her father, and that she finally got it after making up the allegations. Case Dismissed.
Client was smoking a blunt at a low rider car show when the cops busted him. Just a few months later he was caught with weed in his truck after he hit and killed a pedestrian. My client was okay with just one dismiss.
My client was over-served at a bar and they wanted it to be his fault? No.
Client got into a fight with his wife that turned into a food fight. My client flipped a plated that then shattered and caused his wife to suffer a deep gash in her arm. DA wanted jail time and an affirmative finding of family violence. I was able to get the case dismissed if client took a Class C assault by threat slap on the wrist.
Client allegedly ripped phone out of her mother’s hand when mother was calling 911. I convinced the prosecutor that the mother actually dropped then phone when she attacked my client. Case Dismissed.
My client was at the tail end of funeral procession for a fellow biker. There were thousands of bikers. My client thought the cop that followed him for 20 miles, despite being called off, was part of the procession. I found some gold in the MDT and radio records where the sergeant called off the arresting officer, and where the arresting officer boasting about how he was going to arrest someone in a biker gang, and wanted to whoop his ass. Case dismissed.
Client got into a fight with her mother where both ladies ended up wrestling on the floor. I got an affidavit of non-prosecution and convinced the prosecutor that the mother was the first aggressor. Case Dismissed
Clients were busted in a major FBI bust of a cantina and human trafficking and prostitution ring in Houston, Texas. The federal government claimed that my clients were material witnesses. I wrote a motion that successfully argued that my client were not victims of human trafficking, there were not material witnesses, and that they should be deported as they wished back to Mexico.