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CASE RESULTS

COLLIN COUNTY AGGRAVATED ASSAULT OF A PUBLIC SERVANT

NOT GUILTY

A client was charged with the aggravated assault of a public servant in Collin county. The evidence collected by the police and by using an investigator it was clear the client was not guilty. Partner Mito Gonzalez and Trial Attorney Miranda Craddock tried the case to a jury in the 366th District Court of Collin County. The jury deliberated and returned a verdict of not guilty.

The not guilty verdict entitles the client to an immediate expunction.

DWI .15

NOT GUILTY/CASE EXPUNGED

The client was charged with a Class A misdemeanor of Driving While Intoxicated with a Blood Alcohol Concentration of .15 or greater. The client elected to go to a jury trial. The evidence presented to the jury by the prosecutor included an alcohol breath test of 0.18, nearly two and a half times the legal limit of .08. The jury considered all the evidence and found the client not guilty.

The client was immediately eligible for an expunction of all the records in this case.

GRAYSON COUNTY BURGLARY OF HABITATION

FELONY CHARGE REDUCED

A client was arrested, charged, and indicted for burglary of a habitation. The prosecutor originally wanted a lengthy prison sentence for the client, but Attorney Jon O’Toole was able to get this Grayson County felony reduced. After reviewing the discovery with the client, investigating the facts, and researching the law, Jon was able to negotiate a much better outcome on behalf of the client.

Jon convinced the Grayson County prosecutor to reduce the charge and agree to probation for the client.

FANNIN COUNTY POSSESSION OF A CONTROLLED SUBSTANCE

FELONY DISMISSED

A client in Fannin County was arrested and charged with possession of a controlled substance, less than 1 gram in Penalty Group 1. The client told attorney Jon O’Toole that they had a prescription for the substance and they should have their felony dismissed. After a lengthy investigation and consultation with the client’s doctor, Jon was able to get this felony dismissed prior to indictment.

The client was released from jail with no felony charges.

DALLAS COUNTY ROBBERY PROBATION VIOLATION

FELONY PROBATION REINSTATED

A client was charged with violating his robbery deferred probation in Dallas County. The allegation was a new misdemeanor assault causing bodily injury to a family member in Grayson County. Attorney Jon O’Toole was able to get the Dallas County felony probation reinstated. Through his efforts, Jon was able to convince the Grayson County prosecutor to a reduced sentence and then convince the Dallas County prosecutor to reinstate the deferred probation for the client.

Jon's actions allowed the client to potentially get the Dallas County felony probation non-disclosed after it was dismissed and discharged.

DALLAS COUNTY FAMILY VIOLENCE, MULTIPLE CHARGES

ALL CHARGES DISMISSED

A client was charged with a Dallas County family violence case, interference with an emergency call case, and violation of a protective order case. These charges could each carry up to one year in the Dallas County jail, up to a $4,000.00 fine, and the loss of many other rights. Through a thorough investigation, attorney Jon O’Toole was able to show that the complainant had lied.

After showing his findings to the prosecutor, Jon was able to get all three charges dismissed.

COLLIN COUNTY DWI

NOT GUILTY

A client was charged with driving while intoxicated in Collin County. After reviewing the facts of the case, it was clear she was not guilty of a DWI case. She and Attorney Jon O’Toole set the case for trial. After all of the evidence was presented, she was found not guilty.

The not guilty verdict entitled the client to an immediate expunction.

COLLIN COUNTY FAMILY VIOLENCE

CHARGE REDUCED & LATER DISMISSED

A client was charged with assault causing bodily injury to a family member in Collin County. This charge can carry up to a year in the county jail, a $4,000 fine, and the loss of many rights, including the right to possess a gun. Through attorney Jon O'Toole's investigation, the family violence finding was waived and the client obtained deferred probation.

The client was granted early release and the case was eventually dismissed.

FAMILY VIOLENCE IN COLLIN COUNTY

NOT GUILTY

A client was charged with assault causing bodily injury to a family member in Collin County. After reviewing the discovery and investigating the facts of the case, attorney Jon O’Toole realized the client had a claim of self-defense. After a trial, Jon was able to secure a not guilty verdict.

The not guilty verdict allowed the client to get an immediate expunction of the offense from his record.

BURGLARY OF A HABITATION

FOUND NOT GUILTY/CASE EXPUNGED

The client was charged with second-degree felony burglary of habitation. The prosecutor offered to plea bargain the case and eventually offered deferred adjudication probation. The client maintained his innocence and elected to go to trial. At trial, the prosecutor presented their evidence, including the presence of a fingerprint of the client in the home and we presented evidence on behalf of the client. The jury considered all the evidence and found the client not guilty.

The client was immediately eligible for an expunction of all the records of this case.

DWI .15

NOT GUILTY/CASE EXPUNGED

The client was charged with a Class A misdemeanor of Driving While Intoxicated with a Blood Alcohol Concentration of .15 or greater. The client elected to go to a jury trial. The evidence presented to the jury by the prosecutor included an alcohol breath test of 0.18, nearly two and a half times the legal limit of .08. The jury considered all the evidence and found the client not guilty.

The client was immediately eligible for an expunction of all the records in this case.

FIRST DEGREE INJURY TO A CHILD

FOUND GUILTY OF LESSER INCLUDED OFFENSE


Our client was charged with a first-degree felony of Injury to a child with serious bodily injury. The client was interviewed twice by the detective investigating the case. The child suffered very serious injuries. The prosecutor’s plea bargain offer prior to trial was a 45-year sentence in prison.

After hearing all the evidence, the jury chose to convict of the client of a lower level felony and sentence him to less than the prosecutor’s offer.

FIRST DEGREE INJURY TO AN ELDERLY INDIVIDUAL WITH SERIOUS BODILY INJURY

JURY COULD NOT REACH A VERDICT

Our client was charged with a first-degree felony for injuring an elderly person. The client said he was defending himself and was therefore innocent. The prosecutor was offering a prison sentence as their plea bargain. We elected to go to trial and the jury heard all the evidence.

The jury was unable to reach a verdict and the client was able to remain free.

COLLIN COUNTY SHOPLIFTING

CHARGE REDUCED & LATER DISMISSED

A client in Collin County was charged with shoplifting after allegedly taking over $50.00 worth of merchandise from a store. Theft of $50-$500 in Collin County carries a punishment of up to 180 days in the county jail and up to a $2,000 fine. After negotiating with the prosecutor, Jon O’Toole secured deferred probation to a class C misdemeanor.

The shoplifting charge was ultimately dismissed and then expunged from the client’s record.

COLLIN COUNTY DWI SECOND OFFENSE

CHARGES REDUCED

A Collin County client was charged with a DWI second offense, a class A misdemeanor. This type of DWI can result in up to one year in county jail and up to a $4,000.00 fine. The prosecutor originally wanted a lengthy jail sentence, but Attorney Jon O’Toole examined the facts of the offense, as well as the relevant law, and negotiated a reduction of the charge.

After negotiations, Jon was able to get this DWI charge reduced to a class B misdemeanor DWI with probation.

COLLIN COUNTY BURGLARY OF HABITATION

NOT GUILTY

A client in Collin County was charged with burglary of a habitation, which is a second-degree felony with a range of punishment of 2-20 years in a Texas prison and a fine up to $10,000.00. Throughout the process, the client maintained his innocence, even when confronted with the fact that the police discovered his fingerprint at the scene. After a review of the discovery provided by the state and several weeks of plea negotiations, the client decided to set their case for trial. After all the evidence was presented, the jury returned a verdict of not guilty.

The jury’s verdict of not guilty entitled the client to an expunction of all the records related to this particular charge.

DWI 3RD OR MORE

FELONY DISMISSED

Jon O’Toole represented a client charged with DWI 3rd or more and possession of controlled substance—both felony charges. If found guilty the client could have been sentenced to prison for 25 year to life. The client maintained his innocence and, after he and Jon conducted a thorough investigation, set his case for trial. At the pretrial setting, the state announced the dismissal of both cases.

The client is immediately eligible for an expunction.

COLLIN COUNTY AGGRAVATED ASSAULT

NO BILL/CASE EXPUNGED

Client was arrested for Aggravated Assault for allegedly holding a knife to her husband's throat. After investigating the case thoroughly, attorney Derk Wadas decided to prepare and present a case to the Grand Jury. The Grand Jury refused to indict the client and instead returned a No Bill.

The No Bill closed the case against the client and she will be able to expunge the record.

COLLIN COUNTY ASSAULT-FAMILY VIOLENCE

CASE DISMISSED

Client was arrested for Assault Family Violence for allegedly intentionally striking his wife in the head with a door. Attorney Derk Wadas developed a proactive defense that persuaded the District Attorney to dismiss the case.

The client will be able to expunge the record.

COLLIN COUNTY FELONY ASSAULT-FAMILY VIOLENCE

CASE DISMISSED

Client was arrested for third degree felony assault family violence. He was accused of choking his wife. With a solid pretrial investigation by attorney Derk Wadas of the facts, and a persistent approach to defending the client, the case will be dismissed by the District Attorney's office.

The client will be eligible to expunge the record.

COLLIN COUNTY CONTROLLED SUBSTANCE

NO CONVICTION/PENITENTIARY

The client was arrested for possessing a controlled substance in McKinney. The client had a substantial criminal history and the circumstances of the arrest aggravated the situation. The client was represented by a different law firm at first. She was set for trial and the District Attorney would only offer significant penitentiary time. The client hired attorney Derk Wadas. The client was a single mother who overcame many difficulties in life. Derk Wadas was able to investigate the details of the client's life and present the case in to the District Attorney in a way that the District Attorney's office had a more complete picture of the client. The defense was able to persuade the district attorney to offer deferred adjudication which resulted in no conviction and no penitentiary.

The client will be eligible to seal the record.

FANNIN COUNTY AGGRAVATED ASSAULTS

NOT GUILTY

A client was charged in Fannin County with two aggravated assaults with a deadly weapon cases. The client pleaded not guilty and elected to go to trial by jury. With the assistance of trial attorney Jon O’Toole, the client was found not guilty in both cases and will be able to expunge his record.

Client found not guilty and will be able to expunge his record.

COLLIN COUNTY AGGRAVATED ASSAULT WITH A DEADLY WEAPON

ALL CHARGES REDUCED

The out-of-state client was arrested and charged in Texas for two felony counts of aggravated assault with a deadly weapon. The client faced a punishment range of up to 20 years in prison and a fine of up to $10,000. For a long time, the authorities wanted substantial penitentiary time. Attorney Derk Wadas took a strategic approach to the case and worked with the prosecutor to secure a charge reduction for both felony charges.

The client was subsequently given a back time credit for a lesser misdemeanor charge, and the client was allowed to return home.