Case Results

State Cases

The following are but a sample of the types of cases I have worked on and won. They are only a few of the thousands of cases I have handled and the over 100 jury trials in which I have been the lead counsel in my nearly 20-year career. These are not plea deals for a dismissal or dismissals because a witness did not show or something else turned out to be lacking before trial. Any lawyer can get lucky or work something out like that. These cases are examples of the numerous case I have fought and argued to a Jury of 12 people who rendered a verdict. Again these are not all my jury trials but are only a sample of some of the more significant cases I have handled in my career.

State of Texas v. Tyson - Capital Murder
Practice Area: Texas State Criminal defense
Date: Nov 12, 2010
Charges: Capital Murder
Outcome: Acquitted of Capital Murder - Not Guilty by Jury
Description: Mother accused of killing her 2-year-old son by blunt force trauma (shaken baby syndrome). 5-day jury trial. We were able to prove that child died of overwhelming septic infection, that caused the brain to swell leading to the child's unfortunate death. Case later featured on PBS Frontline, "The Child Cases."

State of Texas v. R. Meza
Practice Area: Texas State Criminal Defense
Date: November 2-7, 2018
Charges: Continuous Sexual Assault of a Minor, Aggravated Sexual Assault of a Child, Three-Counts of Indecency with a Child by Contact
Possible Sentence: 25 years to life in a Texas Penitentiary (TDCJ).
Outcome: Not Guilty on all Counts
Description: Client accused of sexually molesting his live-in girlfriend's then 11-year-old daughter. Child makes delayed outcry 3 years later. Accuses Client of sexual assault over a period of 6 months. I have won many Child Sex Assault cases, this is just one of many in a long line of acquittals of men (and women) falsely accused of the heinous crime of child sex assault.

State of Texas v. Robles
Practice Area: Texas State Criminal defense
Date: Feb 07, 2011
Charges: Intoxicated Manslaughter, Racing on the Highway
Outcome: Probation from the Jury
Description: Robles charged with the death of his cousin while racing on an El Paso freeway. Robles was intoxicated, cars speed exceeding 100mph and a prior DWI conviction. After a complete accident reconstruction, I was able to give the jury all the information it needed to decide that my client was a good candidate for probation despite his past poor decision making.

State of Texas v. L. McWhorter
Practice Area: Texas State Criminal Defense
Date: August 19, 2014
Charges: Aggravated Robbery, First Degree Felony
Possible Sentence: 5 years to 99 years or life in a Texas Penitentiary (TDCJ).
Outcome: Acquitted, Found not Guilty by Jury
Description: Client accused of robbery of pizza delivery man at gunpoint. Client is a 6 ft, 7in black male in El Paso, a largely Mexican-American city. Delivery man claims he knew his robber from high school. I was able to disprove the identification and the state's case by alibi witnesses.

State of Texas v. R. Woods
Practice Area: Texas State Criminal Defense
Case Conclusion Date: April 17, 2018
Charges: Arson, 3rd Degree Felony
Possible Sentence: 2 to 10 years in a Texas Penitentiary (TDCJ).
Outcome: Case Dismissed by Prosecutor
Description: Client charged with setting fire to an automobile. After a thorough investigation by the defense, Fire Marshal is caught in a bold face lie about his investigation. District Attorney decides to abandon the case.

State of Texas v. H. Hernandez
Practice Area: Texas State Criminal Defense
Case Conclusion Date: May 25, 2018
Charges: Interference with Child Custody, 3rd Degree Felony
Possible Sentence: 2 to 10 years in a Texas Penitentiary (TDJC)
Outcome: Case Dismissed by Prosecutor
Description: State charges Mother with criminal interference with child custody. Case dismissed after I point out to District Attorney no interference occurred, Mother was in the right according to the custody order.

State of Texas v. O. Guerrero
Practice Area: Texas State Criminal defense
Date: March 6, 2017
Charges: Assault, Family Violence by Strangulation, 3rd Degree Felony
Outcome: Acquitted - Not Guilty on all Counts after Jury Trial
Description: Client charged with felony domestic/family violence by strangulation. Found Not Guilty after a 3-day jury trial.

State of Texas v R. Perez, Family
Practice Area: Texas State Criminal defense
Date: Aug 05, 2016
Charges: Kidnapping and Aggravated Assault, Both 2nd Degree Felony Offenses
Possible Sentence: 2 to 20 years on each count.
Outcome: Acquitted - Not Guilty on all Counts after Jury Trial
Description: Client accused of felony kidnapping and assault. Acquitted, found not guilty on all counts after a 4-day jury trial.

State of Texas v. B. Parsons,
Practice Area: Texas State Criminal defense
Date: Dec 07, 2015
Charges: Assault Family Violence, Class A Misdemeanor
Possible Sentence: Up to 1 year in a County Jail.
Outcome: Acquitted after Jury Trial
Description: US Army SSG accused of Assault Family Violence against his spouse. Found not guilty by a jury after a 3-day trial.

State of Texas v D. Perez
Practice Area: Texas State Criminal defense
Date: Oct 20, 2014
Charges: Assault Family Violence, Class A Misdemeanor
Possible Sentence: Up to 1 year in a County Jail
Outcome: Acquitted, Found Not Guilty by a Jury
Description: Client accused of assault against his live-in girlfriend. Found Not Guilty after Jury Trial

State of Texas v. M. Blaney
Practice Area: Texas State Criminal Defense
Date: August 19, 2014
Charges: Fraudulent Use or Possession of Identifying Information
Possible Sentence: 2 to 10 years in a Texas Penitentiary (TDCJ).
Outcome: Acquitted, Found not Guilty by Jury
Description: Client accused of identity theft, we were able to show the State's lack of evidence and that my client was falsely accused.

State of Texas v. Gaytan,
Practice Area: Texas State Criminal defense
Date: Mar 05, 2012
Charges: Felony Injury to a Child
Possible Sentence: 2 to 10 years in a Texas Penitentiary (TDCJ).
Outcome: Not Guilty, Acquitted by Jury
Description: Grandmother charged by the State of Injury to a Child. Child alleged Grandmother hit her with a hanger and wet belt. Tried before a jury. The State presented statements and photographic evidence allegedly to support the accusations.


Federal Cases

Statistics show that the U.S. Attorney's office in any given year has an over 90 percent conviction rate. This is due to the fact that the Government picks and chooses what cases they want and spares no expense or time in compiling whatever evidence they think they need to convict. That along with stiff mandatory minimum sentences and harsh Federal Sentencing Guidelines makes for very dangerous gamble with years of your life. I am one of few lawyers that has on numerous occasions actually won in federal court. These are a few of those cases.

United States v. M. Franco
Practice Area: Federal Criminal Defense
Date: February 23, 2017
Charges: Conspiracy to Possess and Possession with Intent to Distribute Marijuana
Possible Sentence: 0 to 20 years in Federal Prison.
Outcome: Acquitted - Not Guilty on all Counts after Jury Trial
Description: Federal Charges of Importation of Marijuana, Possession with Intent to Distribute Marijuana. Client found not guilty after Jury Trial in Federal District Court.

United States v. S. Barraza-Mena
Practice Area: Federal Criminal Defense
Date: December 23, 2017
Charges: Continuing Criminal Enterprise; Conspiracy to Possess with Intent to Distribute a Controlled Substance; Conspiracy to Launder Monetary Instruments
Possible Sentence: 10 years mandatory minimum to Life and 0-20 years on Money Laundering Count.
Outcome: Client Acquitted/ Not Guilty on Criminal Enterprise and Conspiracy to Possess Controlled Substance with Intent to Distribute;
Guilty on Money Laundering = Sentence Probation
Description: Client was accused of being the notary and bookkeeper for a Mexican Drug Trafficking Organization (DTO). After a 4-day federal jury trial, the Government failed to convince the jury that Defendant was, in fact, part of the DTO. All that was shown was that Defendant had notarized some applications for the return of certain property after the seizure.

United States v. A. Enriquez
Practice Area: Federal Criminal Defense
Date: Oct 27, 2008
Charges: Racketeering, Influence, and Corrupt Organizations Act Conspiracy, Violent Prison/Street Gang Conspiracy, Murder
Outcome: Acquitted - Not Guilty of Murder by Jury
Description: RICO case involving the Barrio Azteca street/prison gang. Month-long trial involving 15 defendants, 5 of which went to trial. Mr. Enriquez was found not guilty of Murder in Aid of Racketeering Activity


Military/UCMJ Cases

Unlike State or Federal cases, the Jury or Military Panel is not required to reach a unanimous verdict in order to convict. All that is needed is a 2/3 majority to convict in all but death penalty or treason cases. Often military panels do not even seat 12 members (a minimum of 12 on a jury is required in civilian cases) military panels can be a few as 5 members. This means you can be convicted by 3 out of 5. The steaks are high and the odds are not in the soldier's favor. However, in the face of such odds. I have won numerous Court-Martials, these are but a few.

US v SGT Robertson
Practice Area: Military Criminal Defense
Date: Jan 10, 2012
Charges: Rape, Sex Assault of a Child, both under Article 120 UCMJ
Outcome: Acquitted, Not Guilty of all Charges by Military Panel
Description: SGT accused of rape, sexual assault, and sodomy of a child. 3-day court-martial before an officer and enlisted panel. SGT was accused of molesting his daughter over several years. After deploying to Iraq, daughter accused SGT. The case involved physical evidence including SANE exam and video interviews of the child.
United States v. SSG Sims - Murder, War Crime
Practice Area: Military Criminal Defense
Date: Sep 21, 2011
Outcome: Acquitted - Not Guilty by Military Panel on all Charges
Description: Army Staff Sergeant, nurse, was accused of injecting an Iraqi teen who was a patient at an Army hospital with a fatal dose of narcotics to accelerate his death. The patient was an Iraqi teen suffering from 3rd-degree burns over 75% of his body. Client had also given a complete confession to Army CID. I was able to discredit the Government's key witnesses and establish that the confession was unreliable and coerced.

United States v. PVT Juhl
Practice Area: Military Criminal Defense
Date: Oct 1, 2010
Charges: Rape, Article 120
Outcome: Acquitted - Not Guilty by Military Panel of Rape
Description: Soldier charged with the rape of a fellow female soldier on Fort Bliss. 3 day trial before a Military Court Martial. Solider gave a videotaped confession and faced multiple charges. I was able to discredit the confession through cross-examination of the officer who took the Soldier's supposed confession.

United States v. SSG Bowers
Practice Area: Military Criminal Defense
Date: Apr 02, 2007
Charge: Theft of Government Property
Outcome: Acquitted - Not Guilty by Military Panel on Theft Charges
Description: Supply Sergeant charged with the theft of over $50,000 of military equipment. SSG was accused of using the Army Supply and Unit Credit Card system of ordering unit supplies and equipment for himself. After a 4 day Court Martial, SSG was acquitted of theft. We were able to show how SSG did not abuse the supply system and how all the accountable items were actually accounted for with proper investigation.