>> Burglary of a Habitation
Burglary of a Habitation
Connor was accused of breaking into his then-girlfriend's uncle's garage and stealing some tools. The girlfriend gave conflicting statements about whether Connor was involved at all or whether he committed the burglary entirely on his own. Because the prosecutor became convinced that the girlfriend would not be the best witness to hang a criminal case
on, he agreed to reduce the felony to a misdemeanor
theft and place Connor on deferred probation, which ultimately resulted in the misdemeanor being dismissed
Jamal went to his ex-girlfriend's house to pick up his daughter for a scheduled visitation. When he arrived she wouldn't let him in and tried to slam the door on him. He prevented her from closing the door by placing his foot in the doorway. He then pushed his way into the house and walked through looking for his child. When he got to the back of the house, he saw his infant daughter locked alone in a car that was parked in an alley behind the house. He had rightfully feared for her safety. Although Jamal's actions were technically a violation of the law, the prosecutor knew the facts of the case were sympathetic to Jamal—not the so-called victim. Jamal's felony case was reduced to a Class C
ticket with a deferred disposition. That Class C case was dismissed
ninety days later.
Peter was a fifty-five-year-old man with no prior criminal record
when he called me for help after charges of assault
in Dallas County
. Peter had gone to work for a man he quickly learned was dishonest. After just two days on the job, Peter quit. He returned at the end of the week to collect his paycheck. The owner refused to pay Peter the small amount he was owed, so Peter threatened to call the state Labor Board. The man became irate. He wrote Peter a check and then began screaming at him and chased him out to his car. During his tirade, the owner called 911. Peter finally started driving away. The next thing Peter knew, the man screamed, "He just hit me with his car!" and threw himself to the ground. Peter drove home and called the police. When the police arrived, they arrested Peter for felony
aggravated assault. I prepared a presentation to the Grand Jury
. I asked the Grand Jury
to review the video of the incident, which clearly showed Peter turning to the right as the man flung himself to the ground on the left side of Peter's car. After reviewing the evidence, the Grand Jury rejected Peter's criminal case
Riyad accused of assaulting his wife and had two misdemeanor family violence
cases filed against him as a result. The filing of these charges of assault
also made it impossible for Riyad to visit his daughter without being supervised by strangers. Riyad was adamant that the assault never occurred, so I set his case for trial. The Court heard from several witnesses during the trial who knew his (soon-to-be-ex) wife's volatile nature. By the end of the trial, the judge had serious doubts about the wife's story and she found Riyad Not Guilty of assault family violence
. He has been re-united with his daughter.
Lily had been married to her husband for almost twenty-five years when she caught him cheating on her. When she confronted her husband (who was with his girlfriend at the time), she slapped him once across the face. Because of this, she was arrested for a family violence
assault. I explained to the prosecutor the philandering story behind the slap, and he agreed that no jury would convict her under these circumstances and dismissed the charges of assault
*Names have been changed to protect the innocent.