Get on the path to results today.
Get on the path to results today.
Our client was stopped for speeding on Interstate 20, and after agreeing to field sobriety tests, she was arrested for suspicion of Driving While Intoxicated. At the jail, she consented to providing a breath specimen. Her results on the first test was a blood alcohol concentration of .081, and three minutes later the second test resulted in a blood alcohol concentration of .070. A person is considered to be intoxicated in Texas if their blood alcohol is .08 or higher. Murphy & Baker Law Firm was able to negotiate a plea agreement to allow our client to plead to Reckless Driving and receive only 90 days of non-reporting deferred adjudication probation.
A Smith County man was arrested in the Spring of 2021 for Aggravated Assault with a Deadly Weapon for an incident involving the estranged mother of his children. After an altercation the alleged “victim” in the case told police that the man assaulted her with a hard object, and he was arrested at the scene despite his insistence that the woman lied. He told the police that he was the one who had been assaulted and that he did not he did not use, possess or bring the deadly weapon to the fight. The attorneys of the Murphy & Baker Law Firm met with the “victim” in the case who admitted that she lied to the police, and she provided a sworn written statement saying that the man did not assault her with the deadly weapon. Murphy & Baker Law Firm provided this information to the prosecution, but despite the information suggesting that the woman had lied to the police, the prosecution submitted the case to the grand jury and the man was indicted. His initial bond of $30,000 was increased to $200,000 upon his indictment, and a warrant was issued for his arrest. Murphy & Baker Law Firm immediately filed a motion to reinstate his original bond and requested a hearing. At the hearing, the “victim” reiterated that she lied to the police, and that the man did not commit the offense. Murphy & Baker Law Firm was able to convince the judge to reinstate the man’s original bond and to recall the warrant for his arrest. The case remains pending despite the fact that the “victim” has recanted her original story.
On Saturday, August 14, 2021, several students were accused of violations of the school district’s student code of conduct for an incident that was alleged to have occurred at a school event just two days before the beginning of the school year. Murphy & Baker Law Firm immediately began to work on the matter and 28 hours later, after many hours of legal work and hiring an expert witness with the expectation of filing a lawsuit, Murphy & Baker obtained a reversal of the decision to suspend the student.
A woman was arrested for the offense of Assault Family Violence after a verbal altercation with her niece. It was alleged that the niece broke off the handle of our client’s car and that our client assaulted the niece with the door handle. Murphy & Baker Law Firm conducted an investigation and after speaking to witnesses in the case and obtaining affidavits we were able to convince the prosecution to dismiss the case and decline further prosecution within two weeks of being retained in the matter.
A Smith County man was on probation for the offense of Possession of Controlled Substance out of the 114th District Court for a period of 3 years, and he had only one year of probation remaining. The defendant tested positive for the consumption of alcohol, and he admitted using alcohol while on probation which was a violation of the terms and condition of his felony probation. The man faced prison time, but Murphy & Baker Law Firm was able to get the probation revocation dismissed, and the defendant’s probation was extended for a period of one year.
A Smith County man was arrested for Driving While Intoxicated with a Child Passenger, a State Jail Felony offense. Law enforcement was originally dispatched to a report of reckless driving, but after their investigation, they believed that the defendant had been driving with his child and they believed he was intoxicated. Ultimately, he consented to the taking of a specimen of his blood for testing, and the results showed a blood alcohol concentration of .182 grams of alcohol per 100 milliliters of blood, more than two times the legal limit. Murphy & Baker Law Firm was able to negotiate an agreement for the defendant to accept a “plea bargain” whereby he would plead to the offense of Child Endangerment and receive a sentence of three years of deferred adjudication probation with no conviction.
A man was charged with Manufacturing / Delivery of a Controlled Substance in 2014 and later placed on probation for a period of 10 years. In 2020, the man was accused of “flicking” a cigarette at his then-girlfriend causing a burn on her neck and was arrested for the offense of Assault and released on bond the same day. About a month later, the defendant was jailed again for the same allegation due to the arrest being a violation of his conditions of probation. Murphy & Baker Law Firm requested that a bond be set by the court, and after more than a month in jail, the defendant was able to again make bail be released from jail. The case remained in limbo for almost 18 months until the defendant was set for a probation revocation hearing, and the defendant faced a possible sentence of life in prison. Just prior to the hearing, Murphy & Baker Law Firm received a statement from the arresting officer that he believed that the complainant was lying and that he had previously advised the prosecution of his belief. Murphy & Baker Law Firm filed a motion with the court seeking exculpatory information from the prosecutor and we made reasonable requests to the court for time to obtain that information. The judge chastised and disciplined the attorney representing the defendant at the hearing for zealously representing his client. Ultimately, Murphy & Baker Law Firm succeeded in obtaining a dismissal of the probation violation matter AND the underlying Assault charge.
A local woman was charged with the second-degree felony offense of Aggravated Assault with a Deadly Weapon and faced up to 20 years in prison for the crime, which was alleged to have occurred in 2019. The woman has been meeting regularly with a pretrial supervision officer and following the conditions of bond ordered by the court, and she has had no violations. The reality is that this case may have taken up to several years to be reached for trial due to the backlog created by the shutdown of the courts from the Covid pandemic. After many hours of investigation and negotiation with the prosecution, Murphy & Baker Law Firm was able to obtain a reasonable resolution, and the woman accepted a “plea bargain” which will allow her to plead to a misdemeanor offense and be placed on a short term of deferred adjudication probation without a criminal conviction on her record.
Violence with a previous conviction for the same offense and an enhancement due to a previous conviction for a felony Burglary of a Habitation. The man was on parole at the time of the offense, and he faced a possible prison sentence from 2 to 20 years.
The victim alleged that our client (her boyfriend) forced his way into her house after an argument and hit her on the mouth. Two weeks later, she contacted the Sheriff’s office and recanted saying that she was just trying to get him out of her house and admitting that she lied to the arresting officer. This information was available to the prosecutor who, for 11 months, continued to attempt to force the defendant to plead guilty to the felony by offering to allow a plea bargain to the minimum punishment. Our client was about to give up hope and considered pleading guilty to the charge, so he could be released from jail. We advised against it. We continued to push for a jury trial and on the day of trial, Murphy & Baker Law Firm was finally able to obtain a dismissal of the case.
A Smith County man was arrested for Driving While Intoxicated with a Child Passenger, a State Jail Felony offense. Law enforcement was originally dispatched to a report of reckless driving, but after their investigation, they believed that the defendant had been driving with his child and they believed he was intoxicated. Ultimately, he consented to the taking of a specimen of his blood for testing, and the results showed a blood alcohol concentration of .182 grams of alcohol per 100 milliliters of blood, more than two times the legal limit. Murphy & Baker Law Firm was able to negotiate an agreement for the defendant to accept a “plea bargain” whereby he would plead to the offense of Child Endangerment and receive a sentence of three years of deferred adjudication probation with no conviction.
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