Macy Jaggers | Defense Attorney LLPC


Success Stories >> Recent Victories

Recent Victories

Shelia*

Shelia hired me after being arrested for her second DWI. She had a single-car accident that she didn't even remember getting into. She remembered being at happy hour with friends and the having her perform some tests, but not much in between. When Sheila's blood-test result came back, I was not surprised that it was more than twice the legal limit. My last hope was that her performace on the in-car video would give me something to work with. Shelia agreed that, unfortunately, she both looked and sounded intoxicated. I had already sent Shelia for an alcohol evaluation and suggested the she attend the DWI repeat-offender class as well as the MADD Victim Impact Panel, both of which she did. In fact, Shelia removed alcohol from her life completely. A hard-working, single mom, Shelia's biggest concern was avoiding jail time. This is not always a realistic goal in Collin County, especially because the law REQUIRES it on a DWI 2nd. After a few meetings with the DA (and a conversation with her supervisor), I was able to convince them to reduce her case to a DWI 1st and save her the mandatory jail time.

Abel*

Abel came to me in a panic. The police had been to his house looking for him. He knew why. He had stopped reporting on his felony probation for two State Jail theft cases almost a year earlier. He had gotten behind on his payments and been arrested on a Pubilc Intoxication and was convinced that his probation would be revoked. So he did the worst thing you can do on probation: He stopped reporting. Now with his SEVENTH child on the way, it had finally caught up to them. To make matters worse, Abel's probation had expired. The Judge couldn't reinstate his probation if she wanted to. His only options were a conviction (with up to 2 years in the State Jail) or, if he was REALLY lucky, an unsuccessful discharge from probation without a conviction. I explained to Abel that, if he could get together the more than $6,000 he owed in restitution, fines, and court costs, that I MIGHT be able to talk the DA into recommending an unsuccessful discharge without convictions. Abel told me this was impossible, so now the goal was to figure out a way to keep him out of prison. Sadly, before these two cases, Abel had a clean record. I used this to my advantage and, after a few careful meetings, I was able to convince the DA to agree to a coveted 12.44. This meant that Abel would take convictions in both cases. However, this also meant he was off the hook for the $6,000, and more importantly, he wouldn't have to do any prison time.

Abel*

Abel came to me in a panic. The police had been to his house looking for him. He knew why. He had stopped reporting on his felony probation for two State Jail theft cases almost a year earlier. He had gotten behind on his payments and been arrested on a Pubilc Intoxication and was convinced that his probation would be revoked. So he did the worst thing you can do on probation: He stopped reporting. Now with his SEVENTH child on the way, it had finally caught up to them. To make matters worse, Abel's probation had expired. The Judge couldn't reinstate his probation if she wanted to. His only options were a conviction (with up to 2 years in the State Jail) or, if he was REALLY lucky, an unsuccessful discharge from probation without a conviction. I explained to Abel that, if he could get together the more than $6,000 he owed in restitution, fines, and court costs, that I MIGHT be able to talk the DA into recommending an unsuccessful discharge without convictions. Abel told me this was impossible, so now the goal was to figure out a way to keep him out of prison. Sadly, before these two cases, Abel had a clean record. I used this to my advantage and, after a few careful meetings, I was able to convince the DA to agree to a coveted 12.44. This meant that Abel would take convictions in both cases. However, this also meant he was off the hook for the $6,000, and more importantly, he wouldn't have to do any prison time.

George*

George's on-again/off-again girlfriend called the police when he locked her out of his apartment with her laptop inside. (She had become violent for at least the fifth time, and he was not about to open the door to her again.) When the police arrived, they noticed a small scratch on her leg. She said it must have happened when he forced her outside of the apartment. (He had actually sat her dog out in the yard so she would go out and then slammed the door on her when she tried to run back in.) Neither George nor his girlfriend actually knew how she got the scratch. Ultimately a female officer (who explained that her sister was the vicitm of domestic abuse) made the decision to arrest George. When George hired me, he told me stories of numerous attacks on him by his girlfriend over the past year. Luckily, he had photos of many of his injuries (bite marks, bruises, bloody clothing, black eyes). Several of these assaults took place in front of witnesses--one of whom was a police officer. I was able to get written statements from some of the witnesses and provide all of this evidence to the DA (along with the police officer witness's name and badge number with his permission). While the DA was reviewing my evidence and making a determination, George's girlfriend let herself into his apartment with a duplicate key she had made. Of course, an altercation occurred when she refused to leave, and George ended up with a black eye. When George called me, I instructed him to drive directly to his local police station and ask for their assistance in removing her from his home. When they saw his condition, they told him that they had to arrest her for the assault. Her arrest was the final decision-maker for the DA, who ultimately chose to reject his case. The girlfriend, on the other hand, is still facing assault charges.

Jeanette*

Jeanette was back-to-school shopping with her children when, feeling desperate and overwhelmed, she made the terrible decision to try to shoplift some clothing she couldn't afford. Jeanette was quickly detained by loss prevention, who called the police in to arrest her for misdemeanor theft. Needless to say, being arrested in front of her children was a low point for Jeanette. Upon her release from jail, she immediately started seeing a therapist and, at my suggestion, took an anti-theft class. Unfortunately Jeanette did not qualify for the DA's pretrial diversion program, because of a DWI she received in college (15 years earlier). However, by presenting the evidence of her hard work to address the problem and because of her acceptance of responsibility, I was able to convince the DA to reduce Jeanette's charge to a Class C theft. That Class C case will be dismissed at the end of a 90-day deferred period. And ultimately, Jeanette will be eligible to expunge the entire matter from her record.

Glenn*

Glenn was pulled over for an improper lane change. When the Richardson police officer smelled alcohol on his breath, his investigation immediately turned to DWI. After reviewing the offense report in his case, I noticed some irregularities in his breath-test paperwork. And once I received the video evidence, I knew I had to set the matter for a Motion to Suppress hearing. On Glenn's jail video, the officer can be heard telling him that he will be spending the night in jail if he refuses to take the breath test. The officer tells Glenn that "the only way to go home" is to agree to the breath test. These kinds of "extra statutory" statements are forbidden under the law, because they unfairly coerce a person into agreeing to the breath test. At the hearing, the Judge heard the officer's testimony on the issue and viewed the video from the jail. Then she quickly ruled in our favor. Because Glenn looked so good on his field sobriety tests and because they were left without the breath-test evidence, the DA agreed to reduce his DWI to Obstruction of a Passageway with deferred probation. This meant Glenn would not have a conviction for anything and would save the thousands of dollars that come with a DWI conviction.

Miguel*

Miguel came home to find his long-time boyfriend in bed with another man. Of course, an argument followed, and of course, it was not pretty. Miguel's boyfriend blocked the door to the bedroom as Miguel tried to enter. As Miguel banged on the door repeatedly, trying to force his way in, the other man called 911. When the police arrived and interviewed everyone, Miguel's boyfriend did not allege any assault. Nevertheless they arrested Miguel on charges of assault family violence, because the other man stated that the door knob was banging into the boyfriend's head as he tried to hold it shut. After he posted bond, Miguel hired me to represent him on the Felony Assault charge. Although the two did break up following the affair, Miguel's boyfriend felt that the entire incident was blown out of proportion, and he provided me with a sworn statement for the Grand Jury. I included his statement in my presentation to the Grand Jury, and they rejected the case as a NO BILL.

Theresa*

Theresa hired me to represent her on her DWI 2nd in 2012. She didn't remember much about the arrest, which was not a good sign of how intoxicated she may have been. After appearing at her ALR hearing to prevent her driver's license suspension, I waited for the DWI to receive a court date so that I could meet with the DA and request the discovery in her case. And I waited. And I waited. And I waited. Finally in the summer of 2016, we received a first setting letter. At my first appearance at court, I filed a Motion to Dismiss based on a violation of my client's Sixth Amendment right to a Speedy Trial. The DA knew the four-year delay was ridiculous but had been instructed to oppose my motion. So we had a hearing at which the Court Coordinator testified that she had no idea how this case had slipped through the cracks without a setting. It was simply an error. The Judge agreed that it is the State's Constitutional duty to prosecute a citizen accused in a timely manner. And with that ruling, he ordered Theresa's DWI charges DISMISSED.

Wilson*

WIlson was arrested on charges of assaulting his wife after she found evidence he was having an affair. On the 911 call produced by the DA, Wilson's wife can be heard calmly stating that he had assaulted her FIVE weeks earlier and that she now wanted a restraining order because she believed he was having an affair. The police interviewed Wilson's wife and issued an arrest warrant based on her statements. Wilson reported to me that his wife was a very jealous person who often became hysterical when he spoke to or about any other women, even his neighbors and coworkers. He was adamant that, on the day of the incident, his wife attacked him and that the only actions he took were in self-defense. Wilson began to record his conversations with his wife, and the audio I received was consistent with the behavior he had described. Based on Wilson's self-defense claim, I entered a plea of not guilty on his behalf and set his case for trial. Although Wilson's wife had several conversations with the DA about the assault charges, ultimately she refused to appear at court and testify under oath. I don't know if she was embarrassed to face the audiotaped evidence I had, or if she didn't want to repeat the lies she had told the police. Whatever the reason, without her testimony the State was forced to dismiss the charges against Wilson.

Glenda*

When Glenda hired me on her two theft cases , she was already on probation for two felony theft cases. She had a total of seven prior theft convictions that I could locate. Glenda was facing two years in the State Jail on her probation violations and up to 10 years in prison on the new theft charges. I started work on her cases hoping to get one short State Jail sentence on all 4 open cases. Glenda notified her probation officer of her new arrest as required. When I first interviewed Glenda, I learned that she had a long-diagnosed mental health issue that was not being treated. She took my advice and returned to her former treatment provider where she resumed counseling and a recommended medication program. Glenda also enrolled herself in a repeat offender anti-theft class. After providing her probation officer with proof of the steps she had taken, her PO agreed to modify her probation rather than violate her. As luck would have it, the Collin County DA's office filed Glenda's new theft cases as misdemeanors. I obtained and reviewed all of the evidence in her cases. When Glenda and I agreed that the cases were strong for the State, we quickly and quietly pled her to misdemeanor probation. We did not want to risk drawing any attention to her new cases that could potentially cause them to be indicted as felonies.

*Names have been changed to protect the innocent.