First Quarter Criminal Case Dismissals (2017)

1.Evading Arrest – Harris County, Texas
3rd Degree Felony
Potential Punishment Range: 2 – 10 years

A witness called 911 to report a vehicle was driving recklessly. Officers responded and ultimately arrested client for felony evading. While the officers reported the vehicle failed to respond to their overhead lights, an independent investigation lead by the defense revealed different witness accounts. Upon review, the State agreed the case could not be proven beyond a reasonable doubt and it was dismissed.

2.Felony Motion to Adjudicate – Ft. Bend County, Texas
2nd Degree Felony
Potential Punishment Range: 2 – 20 years

Client was on felony deferred adjudication and a motion to adjudicate was filed after the State learned the client had picked up a new misdemeanor case. Relevant mitigating evidence allowed the attorneys to convince the court to reinstate the client’s probation.

3.Tampering with a Government Record – Harris County, Texas
State Jail Felony
Potential Punishment Range: Up to 2 years in a State Jail Facility

Client was found with a fake i.d. Additional investigation revealed the ID was not an official government record and the State agreed they were unable to make their case.

4.Possession of a Controlled Substance with Intent to Deliver – Harris County, Texas
First Degree Felony
Potential Punishment Range: 5 to Life

The attorneys were able to show prosecutors the case could not be proven beyond a reasonable doubt and it was dismissed.

5.Possession of a Controlled Substance – Harris County, Texas
State Jail Felony
Potential Punishment Range: Up to 2 years in a State Jail Facility

Insufficient evidence, specifically an inadequate amount of the controlled substance for additional testing lead to the dismissal of this drug possession case.

6-7.Criminal Mischief and Trespass – Harris County, Texas
Class A Misdemeanor
Potential Punishment Range: Up to 1 year in jail

Client was accused of trespassing and damaging a vehicle. An agreement was made to make the owner of the vehicle whole in exchange for a dismissal. The owner of the vehicle assisted in agreeing to the terms to allow this young client to keep his record clean.

8.DWI, Blood Result = 0.11 – Harris County, Texas
Class B Misdemeanor
Potential Punishment Range: Up to 180 days in jail.

Client retained the Adamo & Adamo Law Firm after being arrested for Driving While Intoxicated. Around 10:00 pm Client was pulled over for failing to signal a lane change. After smelling the odor of alcohol on the client, the officer performed field sobriety exercises. Believing the client was intoxicated, client was placed in handcuffs. A search warrant was executed to draw blood. The blood result revealed a blood alcohol content of 0.11 three hours after client had been seen driving. The attorney’s independent investigation uncovered issues with the police officer’s credibility and blood analysis. A week before trial was set to begin and after the client had turned down the DWI Intervention Program, the case was dismissed.

9.DWI (2nd), Blood Result – Harris County, Texas
Class A Misdemeanor
Potential Punishment Range: Up to 1 year in jail

Client was stopped and ultimately arrested for DWI. A blood result came back under 0.08, but also contained evidence of marijuana use. The problem for the State’s case was the substance found was actually an inactive metabolite of marijuana. The case was dismissed because it could not be proven beyond a reasonable doubt Client was intoxicated at the time of driving.

10.Assault Family Violence – Harris County, Texas
Class A Misdemeanor
Potential Punishment Range: Up to 1 year in jail

Client was accused of assault. Once all the facts were uncovered it was clear any contact was made in self-defense and the case was dismissed.

11-12.Terroristic Threat & Harassment– Harris County, Texas
Class B Misdemeanor
Potential Punishment Range: Up to 180 days in jail

Client was accused of making outlandish and repeated threats to a coworker. Negotiations lead to an anger management class and dismissal.

13-14.Assault and Criminal Mischief – Harris County, Texas
Class A Misdemeanor
Potential Punishment Range: Up to 1 year in jail.

Client was accused of a domestic assault against her boyfriend and damaging his property. In exchange for a dismissal, the State agreed to community service, restitution, and an anger management class of which client completed.

15-19.Prostitution times 5 – Harris County, Texas
Class B Misdemeanor
Potential Punishment Range: Up to 180 days in jail

Five different clients. Five different incidents. Five dismissals. The attorneys varied their approach given the alleged facts to reach the same conclusion, case dismissed.

20.Unlawful Carrying of a Weapon – Harris County, Texas
Class A Misdemeanor
Potential Punishment Range: Up to 1 year in jail

Client was arrested for Unlawful Carrying of a Weapon after officers approached a vehicle occupied by four people. A subsequent search yielded a handgun under the passenger seat where client was seated. Of course, under the law, there isn’t anything illegal about possessing a handgun in a vehicle without additional criminal activity. After the attorneys pointed this out, the prosecutors dismissed the charge.

21-24.Theft times 4 – Harris County, Texas
Class A Misdemeanor to 3rd Degree Felony
Potential Punishment Range: 2 – 10 years

Four different clients. Four different incidents. Four dismissals. The attorneys varied their approach on each separate set of facts to reach the same conclusion, case dismissed.

25-26.Two Misdemeanor Motion to Adjudicates
Class A Misdemeanor
Potential Punishment Range: Up to 1 year in jail

A motion to adjudicate was filed on each of the client’s cases. The legal issue was a Capias was never filed as required under law. Because of this, the court did not have jurisdiction over the client’s cases any longer and they were both dismissed.