P.T.C. 12/4/2012 – ACQUITTAL! Jury finds Client NOT GUILTY!
Client was arrested and charged with reckless driving. The alleged bad driving happened in a two-lane residential street. He was accused of passing a vehicle on a blind curve and into oncoming traffic. After passing the vehicle, the client allegedly drove into an accident scene where the arresting officer observed the “offense.” During cross examination, the arresting officer gave conflicting testimony as to what he observed. The jury was out for approximately 30 minutes before returning a verdict of not guilty.
R.C.S. 9/28/2012 – Possession Charges DISMISSED!
Client was charged with conspiracy to possess and intent to distribute marijuana, a federal charge. Client hired our Criminal Defense team to help defend him in his federal case. Upon further inspection of the evidence, the Peek & Toland Law Firm discovered that the prosecution’s office had failed to file a Report of Investigation. The Report of Investigation was eventually located, but failed to mention our client by name for any of the alleged crimes he committed. As a result, Peek & Toland Law Firm was able to successfully argue that our client’s case should be dismissed for lack of evidence against him.
W.M. 9/14/2012 – FELONY DISMISSED!
Client was arrested for evading arrest in a vehicle, a state jail felony, and resisting arrest, a misdemeanor. Client has temporary protected status because is he is an immigrant from El Salvador. Peek & Toland Law Firm attempted to get Client a pretrial diversion program, but was denied when the District Attorney’s office decided that evading arrest cases would not be accepted for a pretrial diversion program. However, our attorneys were able to negotiate a straight dismissal of the felony charge, contingent on the Client entering into a misdemeanor pretrial diversion program. Luckily for our Client, the County Attorney let our client into the misdemeanor pretrial diversion program. Client was extremely fortunate to receive such a favorable decision and even the District Attorney’s office final interviewer commented that she could not believe our Client was in the program.
J.M.G. 8/21/2012 – DWI Dismissed!
Client is an undocumented immigrant who was arrested and charged with a DWI in Bastrop. Thanks to Peek and Toland’s speedy Jail Release department Client was able to escape an Immigration Customs Enforcement (ICE) hold. Additionally, the attorneys at Peek & Toland were able to get Client’s case dismissed with only court costs. Client is now free to immigrate without the fear of a DWI conviction on his record thanks to Peek and Toland.
A.C.S. 8/17/2012 – Cases Dismissed!
Client was arrested for a felony evading arrest charge and a misdemeanor reckless driving charge. Client was on probation prior to the charges for a DWI and was in the final stages of becoming a citizen through our immigration department. Peek and Toland attorney were able to get both cases dismissed and the misdemeanor reduced to a speeding ticket with a small fine.
R.C. 7/3/2012 – DWI DISMISSED!
Client had his license previously suspended for an unrelated offense when hewas charged with a DWI. Client hired an attorney who recommended the client plead out his case with the prosecutor, which would have resulted in a conviction, large fines and a longer suspension of the client’s drivers license. The client did not like his options with that attorney, so he came to Peek and Toland for a second legal opinion. This client was very lucky he did! The attorneys at Peek and Toland only had to appear at one Court hearing. The attorneys at Peek and Toland were able to not only get the client’s case dismissed, but also able to obtain an Occupation License for the client for the duration of his license suspension! Now the client doesn’t have to worry about the DWI on his record or driving to work without a license. Thanks to Peek and Toland this client is able to drive worry free.
J.B. 6/25/2012 – Evading Arrest Felony – DISMISSED!
Offense Report alleged Client was speeding up to 100 MPH, ran three red lights and smelled like alcohol after colliding with a city bus and fleeing on foot. Client was charged with a felony evading arrest in a motor vehicle. The Officer testifed that the Client’s car was so far ahead that the Officer could barely see the Client’s vehicle. The Peek and Toland Law Firm successfuly argued that if the Officer could barely see the Client’s car, then how could the Client have seen that the Officer was trying to pull the Client over? The Court agreed with Peek and Toland’s argument and dismissed the felony charge of evading arrest! Very good news for our Client and a great success for Peek and Toland!
J. Z. 9/13/2011 DWI 1 – Dismissed
Client looked decent on his video and we convinced prosecutors they wouldn’t win at trial. Client only had to pay his speeding ticket and the case was dismissed.
M. A. V. 8/19/11 Fail To Stop Render Aid 3rd Degree Felony – DISMISSED!
Client who had no criminal record and was pursuing teaching as career was arrested with this felony. Attorneys fought to show the reasonableness of client’s actions and also equitable factors that the DA should consider in going forward. Able to convince them to drop the charges.
R. D. A. – 5/27/11 POCS 3rd Degree – Reduced to a Misdemeanor!
Client was charged originally with a drug possession case in which the minimum punishment was 2 years in prison. Through negotiations and arguing the tenuous connection of our client with the drugs that were found, we were able to convince the D.A. there was some weakness in their case and they agreed to offer our client a misdemeanor. Client received back time for his punishment and was let go ! A huge break for our client to be looking at prison time and to be able to leave jail with just a misdemeanor conviction and no more jail time to do.
M. C. A. A. – 5/27/11 POCS 3rd Degree – DISMISSED!!
Client was charged with 3rd degree POCS (Cocaine). She was inside the residence when a search warrant was executed and they found drugs inside the home. Client was here visiting the US on a tourist visa and had plans to be able to continue to immigrate both as a tourist and perhaps one day permanently and maintained she was innocent, and the drugs were not hers. We kept pushing the weakness of the evidentiary connection between our client and the drugs and in the end were able to convince the DA to dismiss the case.
J. H. – Aggravated Continuous Sexual Assault of Child = Hung Jury
Case was tried for 4 days in front of a jury and after 9 hours of deliberation, they couldn’t’ reach a unanimous verdict so the Judge declared a hung jury. Huge victory for defense in maintaining clients innocence. Case still pending so further comments must wait.
J. M. G. and R. M. G. 5/3/11 Hill County, Felony Money Laundering – Charges dropped, over $14,000 in cash returned to clients!!
We had 2 clients who were illegally stopped and illegally detained in Hill County and who were on the way to buy a car in Dallas. They had brought along the cash to buy the car. They were stopped via a purely profile stop, and then arrested without cause. The case was never even filed with the clerk, nor did the D.A. ever have copies of the arrest or a file in their office, yet these men remained detained for over a month. We filed a Motion for Examining Trial and 2 days later the case was dropped and client released and returned their cash and truck.
M. M. M. 5/2/11 3rd Degree Felony Possession of Marijuana, Travis County = DISMISSED!!
Client was charged of being in possession of a large amount of Marijuana. Client maintained her innocence. The Austin Criminal Defense attorneys at Peek & Toland were able to convince the State that they would not be able to meet their burden of proof at trial and the case was dismissed. Client will now be able to apply for Permanent Residency and avoid deportation. Huge victory for the client to have her felony drug charge dismissed.
R. H. 4/13/11, Assault Family Violence 3rd Degree Felony and a Felony Motion to Revoke Probation – New Felony case DISMISSED and client continued on probation!!!
Client was serving an 8 year probation in which if revoked, he could go to prison for up to 10 years. Client had been falsely accused by his now ex-girlfriend, who was a drug addict and alcoholic, of pushing her on the ground. The truth is the girlfriend came home drunk in the middle of the night after having been involved in a fight in a bar and kicked out. She came home and was filthy, as if she had fallen in the dirt, when she tried to climb in the bed drunk and filthy the client asked her to get of the bed. She was drunk and belligerent so he asked her to leave. She was not on the apartment lease and he was only letting her stay there for a few nights. She got angry that he was making her leave so she called the police and alleged he had assaulted her. Client never wavered in his innocence and the Criminal Defense team at Peek & Toland never wavered in our insistence that the case be thrown out, and it was. Case was dismissed, and client avoids going to jail.
S. A. G. 4/13/11 Discharge of Firearm in Public – DISMISSED!!
Client was charged with shooting off a gun in public. This is a Class A misdemeanor that could have resulted in our client not only getting up to 1 year in jail, but also resulted in his immigration status being revoked and our client being deported. So the client had a lot to lose and he put his trust and hope in the Criminal Defense attorneys at Peek & Toland who for more than 10 years have been winning and getting dismissals in these types of difficult situations. We were able to convince the Prosecutor that due to the character of our client, the nature of the offense, the lack of actual harm or damage, and other evidentiary and witness issues, that this case and our client was worthy of a dismissal. Client now can continue to live in the U.S. and now apply for Citizenship. Great result!
M. T. C. – Theft = DISMISSED!
Client was charged with a shoplifting theft case. Client made a poor decision but up to this point had a clean record and lived a good life. We felt that a little mercy was due our client, even though she was in the wrong and didn’t have a great legal defense, we leaned on the hope of mercy and explained the otherwise great character and achievements of our clients to seek a second chance. We were successful and our client now has this case Dismissed off her record. Now she can get it expunged. Great result for a client in need of a little grace!
V. D. L. – DWI = DISMISSED AND REDUCED TO OBSTRUCTION OF PASSAGEWAY!
Client was fighting against a mediocre video where he didn’t appear great in his field sobriety tests and even had some vomit on his shirt. Attorneys pushed fighting against a breath test that was a little over the legal limit, but arguing it actually proved our client was not intoxicated at time of the stop and arrest. Prosecutors relented and offered a dismissal and reduction to Obstruction. Great deal for our client to avoid a DWI conviction and save thousands of dollars in DPS surcharges and higher insurance rates!
F. L. D. – DWI With a Child/State Jail Felony = Reduced to a Class B!!
Client had driven a long way to visit family. He was pulled over for a questionable traffic violation. We brought it to attention of prosecutors and used some case law and convincing arguments to have them consider a reduction. Case lowered to a misdemeanor 1st time DWI. Great result by the Criminal Defense team at Peek & Toland. Client not only avoided a felony on his record, but has a much shorter punishment, License suspension.
M. L. A. 3/29/11 Theft – 3rd Degree Felony – Hays County = DISMISSED !!
Client was charged with Employee theft. There were suspicious events surrounding the timing of the theft, including staff turnover, managerial negligence, and evidence that other employees had already been stealing from the company. The District Attorney charged our client due to a security video which the Loss Prevention specialist from their store reviewed and felt showed our client took some money. Upon closer review we were able to convince the D.A. that the video was not at all conclusive and if anything showed our client had several more opportune moments to steal money if that had been her goal, and instead reported peculiarities in transactions, and other actions to show she was honest and responsible with store money. Further raising the stakes was the fact our client was in line to get her permanent residency in a few months, and a conviction would have rendered her deported. And the biggest pressure of all, our client was also pregnant! Luckily the criminal defense team of Peek & Toland delivered a world class result for our client, getting the case thrown out and restoring our client to the life she had dreamed about with her husband, their new child, and Immigrating to the U.S.!
L. P. V. 3/24/11 Failure to Identify-Fugitive (Williamson County) – DISMISSED!!
Client was arrested because he had an outstanding ticket. When officer asked client his name and date of birth our client told the officer the truth. However the client’s date of birth had been entered wrong on his ticket (the one that was now a warrant) and so the officer thought our client was lying. The officer treated our client really condescendingly and made insulting remarks to our client and charged him with Class A Fail to ID. We immediately emailed the prosecutor’s office our clients birth certificate and other government documentation and had them dismiss the case.
J. L. M. L. 3/7/11 DWI 2 Class A misdemeanor – Reduced to Obstruction of Passageway
Client had multiple pending DWIs and we were able to fight one case and receive on day of trial a reduction to an Obstruction of Passageway. Sometimes the threat of trial when you have experienced Defense attorneys like Peek & Toland is enough to force the prosecutors to realize the risk of a potential loss, and thus they offer a better result. Sometimes choosing experienced trial attorneys results in better deals on the day of trial. For this client it resulted in his DWI 2 being dismissed!
K. J. 3/7/11 Felony Delivery of Marijuana – Reduced to a Class A Deferred Adjudication POM
Client was charged selling Marijuana out of his residence. Police responded to a tip from a person who claimed to have bought drugs out of our client’s residence. Police approached the house and began a warrantless search. They claimed the owner (our client) consented to the search. Our client was made to wait for over an hour on his couch while they threatened to get a warrant. They then demanded to see contents of our client’s Safe box. Promises and threats and other improper actions were taken. The attorneys of Peek & Toland were able to use the threat of suppression as well as other arguments that made the client more sympathetic and potentially a good candidate for Jury to acquit that the prosecutor offered a sweet deal to reduce the risk of trial, by lowering the felony to a misdemeanor and even better offering a Deferred Adjudication which allows our client not only to escape a felony drug conviction, but keep any type of conviction at all out of this incident off his record. This was especially important to the client considering his job and relatively clean record. Great victory for our client and a Just result!
A. C. 3/4/11 Misdemeanor Theft – DISMISSED!!
Client had been arrested in an embarrassing situation that stood to potentially get her fired from her job and be a major stumbling block in the future for career advancement and not to mention the stigma of having a crime of moral turpitude on your record. The attorneys at Peek & Toland fought hard to show the equities of the situation and argue for a just result based on our client’s willingness to make restitution and take other steps of repentance and were able to get the case dismissed! Now client can expunge the arrest from her record and keep her record clean.
A. L. R. 3/2/11 Fictitious Inspection Sticker, Williamson County – DISMISSED!!
The criminal defense team at Peek & Toland was able to work out an agreement whereby our client became fully compliant with the law and his charges were dropped. A client who had no prior history of problems can continue to have a clean record and seek to expunge this arrest in the future. Fictitious Inspection sticker could be considered a Crime of Moral Turpitude and have consequences not only under Texas law but potentially affect a client’s immigration status. Client does not have to worry about either consequence of a criminal conviction because his case was dismissed!
U. D. N. 2/28/11 Assault Family Violence & Interference with a 911 Call – Both cases DISMISSED!
There was a family disagreement in which both parties acted inappropriately. Police were called and ended up arresting our client. Our client had no prior criminal record. After some hard work by the Criminal Defense attorneys at Peek & Toland, we were able to withdraw the Protective Order that was originally issued and then with continued advocacy were eventually able to convince the prosecutors to drop the charges all together. The strategy included preparing for a Jury Trial and showing the State that we had witnesses ready to go who would substantially challenge their burden of proof. Client now can get the cases expunged and continue to have a clean record. A great victory achieved on the day of trial!!
J. V. 2/25/11 Driving While License Suspended – DISMISSED!!
Client had significant problems and obstacles to clear his license due to a bad driving record but we were able to get the client an Occupational License and then dismiss his case allowing him to be able to keep driving legally. DISMISSED!
A. U. B. 2/18/11 Fail To Identify – DISMISSED!!
Client was charged with intentionally mis-identifying himself to a police officer, aka Failure to Identify. Client was really hoping to keep his record clean. We worked out a deal for him to have the case dismissed. Now client can apply for an expunction and keep this off his record forever!
J. M. L. C. 2/18/11 Fictitious Inspection Sticker – DISMISSSED!!
Client charged with a Crime of Moral Turpitude that could have possibly affected his immigration status, also as a CMT could affect his ability to get certain jobs in the future. The team of Peek & Toland worked out a deal that got his case dismissed!
J. S. B. G. 1/13/11 – Assault Strangulation 3rd Degree reduced and plead to backtime and Felony Theft Dismissed in Williamson County
Client had a very tough case and prosecutors were trying to drag out case using the fact that a person wanting to fight their case from jail in Williamson County has to wait about a year for a Jury Trial. Client had a great case including a victim saying that she never said he strangled her, and no other witnesses. It was going to be set for trial, and the DA offered to reduce it to a misdemeanor and give client credit for time served. I urged client to fight it but can’t blame a client for wanting to be done with his sentence. Truth is a guilty man will do less time in Williamson County jail if he takes the deal compared to the innocent man who fights his case from jail only to have it dismissed as it nears trial. Great win for client though. The theft case was just proving that our client was not the one who stole the property and merely had access to the stolen property. IT was dismissed as it should have been.
E. A. 12/09/10 – Possession of Marijuana and Felony MTRP – Bastrop – DISMISSED!!!
Client was pulled over driving his car. A passenger in the car had some Marijuana that they threw into the backseat. Officer tried to pin it on our client. We fought the case and had the charges dismissed. Then we were able to continue client on probation (which he was risking 2-20 years on a revocation!) Client now out of jail and back with his family.
R. R. 12/29/10 – Theft Shoplifting = Dismissed!!
Client was caught with 2 others inside a department store. Our client was deaf and mute and we believe to have been taken advantage of by theses other 2 individuals. We were able to convince the prosecutors that dismissing the charges against our client was in the best interest of justice.
J. C. – 12/29/10 – DWI 4th reduced down to a Class A Misdemeanor
The client had a somewhat long criminal record, complicating the negotiations in this case. It also appeared to be his 4th arrest for DWI. However the Criminal Defense attorneys at Peek & Toland were able to argue that due to certain injuries and also due to language comprehension issues, there were serious problems with how the standardized field sobriety tests were administered. Instead of risking a suppression or possible embarrassment of the arresting officer the DA agreed to reduce the charge down to a misdemeanor.
A. M. 12/21/10 Burglary of Habitation w Intent to commit Assault & Possession of Child Pornography, both 2nd Degree Felonies Result: Both cases dismissed, and client plead to criminal trespass a misdemeanor (40 days in jail).
This was a really satisfying and hard fought victory for our client. Client was a young man (19 yrs old) charged in Travis County with Possession & Promotion of Child Pornography for having photos of his High School girlfriend on his phone, and also with Burglary of Habitation. The case had all sorts of problems with it, and we had great equitable arguments, but under the strict letter of the law, the case was strong. Our client had everything to lose (he was a freshman in college, wanted to become a Permanent Legal Resident) and convictions for either of these would have ruined his dreams. It took a while, but in the end we convinced the DA’s office that the case did not merit the serious accusation it had originally received and got it reduced to a misdemeanor trespass offense. Great Victory and another client who now has immigration options and a chance to live in the US legally one day because the Defense Attorneys at Peek & Toland fought hard for dismissals.
H. G. 12/2/10 3 separate charges of Aggravated Assault with Deadly Weapon! !!! 3 NOT GUILTY VERDICTS AFTER A 4 DAY TRIAL!!!!
Client was charged with 3 serious felonies for having allegedly assaulted 3 women who claimed to police they were merely bystanders when a fight broke out. The man who started the fight was one of the “victim’s” husbands, and he also was a violent ex-felon, who had already assaulted this family before. Despite having 3 female victims who all showed up to testify, the excellent criminal defense trial team was able to seriously impeach their testimony resulting in a 60 minute Not Guilty verdict on all counts.
J. M. – 9/10/10 Motion to Revoke Probation 2nd Degree Felony Possession of a Controlled Substance And Assault Family Violence
Today was a really great day for one of our clients. She had been sentenced 9 years ago to a 10 year probation on a 2nd Degree Cocaine Possession case. Her exposure, meaning the potential sentence she could have received was 2-20 years in prison for any violations of her conditions of probation. Unfortunately for our client, she absconded (meaning after being release from jail on probation she never reported, never did any community service, never paid any fees, never did any classes). There was a reason why she did not do these things, she had a family emergency outside the country and had to leave to attend to the emergency. Being outside the country for several years she came back to the U.S.. Once back she restarted her life, but having been young and naïve did not realize the consequences of absconding on a 2nd Degree Felony Drug Possession case. Unfortunately she was arrested for Assault against a family member, and now was facing not only the new Assault charge but a probable prison sentence. Well, thanks to her attorneys at Peek & Toland, she not only got her Assault case dismissed, they were able to convince the judge that the just and right thing to do was discharge their client from probation and not send her to prison. The client was crying in disbelief as Jeff Peek told her the amazing news. A lot of the credit goes to the judge who was amazingly understanding and wise. Almost always these kinds of cases deserve prison time. But one in a rare while there are circumstances that deserve further consideration, and in this case the Criminal Defense attorneys at Peek & Toland focused on the fact that the original sentence and underlying crime, were almost completely due to the fact that their client was with her boyfriend at the time of a drug bust, and they found large amounts of cocaine in the car they were both in. Her former attorney did not put up a fight and the client ended up with a large and rather unjust sentence, considering her involvement. The client was born again Christian and knew she had made some huge errors as a young woman, and knew that she would probably have to pay for those youthful errors. Today was a day of real celebration and praise to God that not only has her sin been forgiven in the eyes of a forgiving Lord, but today she found mercy in the courtroom as well. Today was one of those days were I felt good leaving the courthouse knowing a mom would be going home to see her 2 daughter instead of going off to prison for 5 years, and all because a Judge was forgiving, God answered prayers, and an attorney believed in doing all he could to help his client.
M. G. – Theft 9/1/10 Travis County – Jury Trial setting -Dismissed
A client who had been falsely accused of taking property was set for a Jury trial. Despite the best efforts of the criminal defense team at Peek & Toland, the Travis County Prosecutor felt they had a good case and could prove the elements of Theft at trial. We talked to our client and he maintained his innocence. At Peek & Toland we believe in our clients, and if they say they are innocent we are ready to FIGHT for them. We set it for a Jury Trial and prepared to exonerate our client’s good name and reputation. A theft conviction is a Crime of Moral Turpitude and has broad sweeping effects on your future job prospects, school prospects as well as other negative factors. We announced ready for trial and right before we were going to have to pick a jury, the prosecutors caved in and dismissed the case against our client. That is why it is important to have trial attorneys who are not afraid to set your case for trial and hold the State of Texas to its burden. At Peek & Toland the words “innocent until proven guilty” are more than just a catch phrase or a sound bite, they are words we live by and hold near and dear that a man’s character and integrity are the most important things there are to him, and we will do everything in our experience and ability to fight for a just and fair result. Just ask Mr. Green. Case dismissed, another reputation saved.
A. M. – Assault Family Violence – 8/30/10 Travis County – Jury Trial – Dismissed
Our client was set for a Jury Trial. He was nervous about setting the case for a Jury Trial not knowing what happened. We encouraged him to stick to his conviction that he was Not Guilty and leave the criminal Defense and trial tactics to the great legal defense team at Peek & Toland. We looked over the very contradictory statements given by the supposed victim, and we were ready to cross examine the witnesses and expose the exaggerations and fabrications in their story. We shared a little of the weaknesses in the prosecution’s case with the prosecutors and upon second thought and reconsideration they agreed with us that our defense very well could result in a Not Guilty verdict and instead offered to dismiss the Assault Family Violence accusation against our client. Great Result, another dismissal for a satisfied Peek & Toland client.
G. A. – 8/3/10 Assault FV Travis County, Jury Trial- Case Dismissed
Our client was charged in an assault case involving a family member. Assault Family Violence accusations are not only ugly due to the stigma of being accused as a spousal abuser or “wife beater” but also due to the consequences of having an Assault Family Violence conviction and family violence finding on your record. It can result in future accusations being felonies and it results in you losing your right to own a firearm. If you are an immigrant it is a deportable offense under Section 237 of the Immigration Nationality Act and you can lose your lawful status (including lose your Permanent Residence Card!) Our client had some tough evidence to overcome, but we prepared for our defense and for picking a great jury and for putting on some compelling and convincing testimony and cross examination. We talked to the prosecutors before picking the Jury and told them we felt we would get a Not Guilty verdict and they listened. The listened and capitulated. The case was dismissed and our client now has a clean record and options for the future. The attorneys at Peek & Toland will pick a jury, we will fight in Jury Trial, and we will win. This experience and reputation very often results in dismissals on the day of trial. Better for a prosecutor to dismiss it than waste 2 or 3 days fighting with the experienced trial attorneys at Peek & Toland only to lose and have a Not Guilty verdict announced!
J. J. – 7/30/10 Second Degree Sexual Assault reduced to unlawful restraint and a Third Degree Assault Family Violence reduced to misdemeanor.
Client given back time credit for time already served. Done with 2 cases with misdemeanor punishment when he could have potentially received up to 20 years in prison.
E. D. – 7/29/11 Sexual Assault of Child- Case Dismissed-
Client was wrongfully accused for the most ugly crime possible, sexually assaulting a minor. It was alleged he took advantage of a younger person by giving them alcohol and possibly drugging him to take advantage of him. After talking with the DA’s office and letting them know additional background information and information that severely damaged the credibility of the alleged victim, the DA realized their case was very weak. The result was the DA dismissed the case by getting it No Billed.
B. N. – Jul 28, 2010. Felony DWI Probation case closed early despite violating probation rules
Client was on felony DWI probation, broke his probation by being arrested on a new charge and then was deported. Client came back in, we were able to get a bond set for him (not easy to do in a felony probation revocation case), and convince the judge not only to NOT sentence him to prison but to terminate his probation early (his discharge date was April 2011 and we got it closed in July 2010). That alone saved the client $700 in probation fees. Client walked out of the courthouse off of probation and free of any more obligations.
J.M.A. – 12/4/12 – Cancellations of Removal/Deportation – WIN! Client stays with family!
Client is a legal permanent resident who was arrested for a DWI. Client had several prior convictions for burglary of a vehicle and possession of drug paraphernalia. Client has a family in the U.S., including a pregnant wife and two other children from a previous relationship in which he has custody. Our Criminal Defense team was able to help Client plead out his DWI charge, so he was still eligible for Cancellation of Removal. Then Peek & Toland’s immigration team stepped in arguing before the immigration judge that Client’s prior convictions were not sufficient crimes of moral turpitude to preclude Client from relief. The judge agreed and cancelled Client’s removal proceedings allowing him to stay with his family in the U.S.
B.E.S. – 11/8/2012 – Cancellation of Removal/Deportation & Legal Permanent Residency Issued
Client is a undocumented person who was arrested for assault. Client’s wife is a U.S. citizen and his three children are all U.S. citizens. Client’s wife is chronically ill and disabled. Peek & Toland’s immigration team was able to argue that Client should be able to stay in the U.S. since he was married to a U.S. citizen and had three dependent U.S. citizen children, all of whom would suffer extreme hardship if Client was deported. The judge agreed and Client became a legal permanent resident and won his cancellation of removal hearing.
T. C. O. – 6/30/11 – Cancellation of Removal/Deportation – WON !! Client granted Permanent Residency !
Client had lived here most his life but had some criminal infractions which made him deportable. We argued to the judge the equities he had here in the U.S., and put on evidence and testimony of his good character and value to the community and the Judge sided with us and granted us the victory and awarded our client by cancelling his deportation. Great win that allows a client to avoid being deported to a country which he hasn’t known since he was a baby, that is today a very violent a dangerous place, and more importantly reunifying him with his family and letting them stay together here in the U.S. !
P. B. M. – 5/2/11 – Client Rescued from Williamson County Jail before Immigration could Deport him !!
Client had been arrested on a misdemeanor Fail to ID. The bond was set really low at $750 so we advised the wife in order to have him moved to Immigration Custody faster where we then could fight for a bond for him, to go ahead and pay his $750 criminal bond. We kept an eye on it (as we always do in these cases, because you never know when the jail or Immigration will make a mistake) and when 48 hours had passed (not including Saturday or Sunday or Holidays) and Immigration had not picked him up from jail, we knew we had an argument under the Federal Regulations that he must be released. Under Title 8 Section 287.7(d) it says that when ICE (Immigration) asks to issue a detainer for an Alien no otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department. So at the moment the 48 hours passed, we called the Jail and demanded his release. They realized their error but told us he was on the list to be transferred tomorrow morning. We told them that was a violation of Federal law and they needed to follow the law. They ended up agreeing with us and our client was released, thus avoiding Deportation proceedings. Great job by the Peek & Toland staff to vigilantly watch the jail and hold the government to following the law!
A. V. O. 4/12/11– Client was awarded with Non-LPR Cancellation.
I. R. 3/3/11 Client Released from Jail, Avoided Deportation Proceedings
Arrested for Class C Disorderly Conduct, ICE placed an Immigration detainer on him and the Criminal Defense and Deportation Defense attorneys at Peek & Toland due to a Violation of Federal Law and had the client released from jail and thus avoided Immigration Deportation Proceedings!
J. S. 3/30/11 – Client in jail in Travis County, and the Immigration & Criminal Teams at Peek & Toland worked together to have our client released from Sheriff custody before Immigration & Customs Enforcement could detain and deport our client = DEPORTATION AVOIDED & THOUSANDS OF DOLLARS SAVED !!!!
Our client had finished his sentence and his wife came into consult with the Immigration Attorneys at Peek & Toland to see what would be the next step and how she could get her husband out of Immigration custody. We advised her that there is a small chance that if ICE doesn’t pick up her husband within the 48 hour window provided by the Code Of Federal Regulations, that we could go and get him out. She listened to us, and as we monitored his custody, at the 48th hour the client was still in the local county jail and Immigration * Customs Enforcement (ICE) had not come for him. We immediately contacted the Sheriff’s office and the Commander of the jail and demanded his immediate release. We provided the Sheriff with proof of our clients eligibility and provided a summary on the law that supported our argument. The Sheriff immediately agreed and not only released our client (before he could be passed over to Immigration for deportation) but the Sheriff actually called himself to apologize for their error. Peek & Toland is the only firm in Central Texas who has been committed to monitoring the timely release of Immigrants when local jails violate the 48 hour rule, and whether it is at midnight (our attorneys have gone down to the jails at midnight to rescue clients from sure deportation) or midday, our constant vigilance, persistence, and knowledge of both Criminal and Immigration law has proven victorious for growing numbers of clients. Congrats to Mr. Serrano and his wife who can now be together for the birth of their child. Oh, did I mention his wife is 6 months pregnant? What a huge gift to be able to rescue the father of her child from deportation and restore their family.
J. C. L. G. 3/16/11 Possession of Controlled Substance Felony (Williamson County) – DISMISSED !!
Tough result won, in a County that is really tough on crime. Client had arguable suppression issue as he and a friend were stopped as they were walking in a public place, minding their own business and not committing any crimes, but merely stopped because it was late at night and I guess they fit the profile of what this Round Rock Police officer felt was that of a criminal. Officer stopped them and began to question them and then frisk them. A very small trace amount (immeasurable) of a controlled substance was found around a pen in one of the young man’s pockets. Our client was arrested. Client had everything to lose, he has been in the U.S. since he was a boy, and has a US Citizen fiancé and a young child with health problems. A conviction for drugs would have resulted not only in his deportation but being banned for life in trying to come back into the U.S. legally. Luckily, justice and mercy were served and our client has a chance to start a new life with his wife and child.
A. M. 2/2/11 3rd Degree POCS School Zone, UUMV, and Fail ID = POCS dismissed!! Fail to ID Dismissed!!
Client had a tough set of circumstances in that he picked up some new cases while on a Unauthorized Use of a Motor Vehicle probation. State wanted to convict him on the Drug charge and revoke him on the Probation and sentence him to concurrent State Jail sentences. The problem is our client has a US Citizen wife and needed to avoid a drug conviction to be able to have the chance and possibility of getting his residency papers in the future. Drug convictions are basically the death penalty to any immigration case. After a lot of hard work and presenting some really convincing evidence of the character of our client, and what we call a “good guy” packet, that does a good job of personalizing our client to the District Attorney, his family situation, his positive equities and attributes, we were able to get them to dismiss the Drug charge and the Fail to ID. This was a huge victory and will allow our client one day to reunite with his wife and family. A Criminal Defense attorney without an Immigration background and the extensive Immigration Court experience of the attorneys at Peek & Toland would not have fought and pushed for this extraordinary remedy that saved a family.
A. C. G. 1/27/11 – Aggravated Assault Deadly Weapon, first offer from the D.A. was 5 years in prison = reduced to a Class A misdemeanor and given probation.
Client is a Lawful Permanent Resident who had been in the US for over 10 years. His wife and children are all legally here. His conviction on a Felony Assault would have made him deportable and he would have lost his Permanent Residence and been deported. He hired Peek & Toland due to our extensive experience in criminal cases with immigration consequences, and our track record for winning trials and winning amazing results in the courtroom. Sure enough, his patience and trust in us paid off as we delivered a result that will allow him to keep his residency and stay in the U.S. and down the road apply for Citizenship.
A. A. – 9/2/10 Assault Family Violence in Williamson County-Dismissed
This Peek & Toland client was arrested in Williamson County on an Assault Family Violence. Even worse is that ICE (Immigration Customs Enforcement) put what is called an Immigration Detainer on him so he could not get out of jail on a bail bond, personal bond and the only way would be to get out on a 100 percent cash bond, which would have been very expensive. Furthermore his wife is a United States Citizen who had applied for him and they had a US Citizen daughter. Everything was at risk, client was on deportation’s doorstep. In less than 48 hours we had talked to our contacts inside the Williamson County Attorney’s office and convinced them of the weakness and frivolousness of the charge and had the charges dismissed. Our client can now be released and we can now focus on his immigration defense. A great victory being able to keep our client’s record clean, which further allows him to be eligible to immigrate and be with his family, and we did all of this in less than 2 days’ time. A great achievement even for the great defense attorneys at Peek & Toland! It was great to break the news to the wife that her husband would be coming home soon and his immigration process was saved!
S. C. – 8/25/10 – DWI 2 with a .20 breath test and Resisting Arrest and Leaving Scene of Accident all out of same incident. Both Resisting and Leaving Scene were dismissed and client plead to just the DWI conviction rescuing and preserving his options in the future with Immigration–
In a particularly challenging case where our client not only hit another car right in front of a police officer, he tried to flee the scene of the accident, running over traffic cones in the process (officer was out of his car already directing traffic for another accident), the officer ran over to our client’s vehicle while it was still in motion and opened the car door and yanked out our client and turned off the car, and allegedly our client pulled away and resisted the officer. A breath test was given revealing a .19/.20 breath test result. Our client was in need of getting the Resisting Arrest and Leaving the Scene cases dismissed so he would not lose his chance to immigrate to the US one day (He was not a US citizen nor Permanent Resident and wanted to apply one day to live with his 4 kids and wife legally). By getting the 2 other cases dismissed, our client still has options in the future. A tough case with ugly facts for the client, but a great job negotiating by the Defense Attorneys at Peek & Toland.
N. M. – Felony Possession of False ID – 8/19/10 Travis County -Dismissed
After being charged with a felony false document charge that not only could have left him with a felony conviction on his record and a potential prison sentence, but also having the double jeopardy effect of being barred from immigrating into the US for all his life, Mr. Muniz put his trust in the attorneys at Peek & Toland to fight for the best result possible. And did we deliver! After some conversations with the District Attorney’s office about the finer points and nuances of the tricky penal code provisions that apply to fake document and forged document cases, we convinced them they could not meet their burden and that we would win this case at a Trial or on a suppression. They dismissed the case! Not only did we prevent a felony conviction for our client, we got it completely dismissed. Don’t let a felony charge like possession of a fake document or false government record ruin your life, put your trust in attorneys who will fight and defend your criminal case as if you were their best friend or family member. Peek & Toland treasure our relationship with our clients and we will do the very best to deliver the very best results.