Rosenthal Barbieri

(972) 369-0577

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Case Results

Collin County Criminal Defense Case Results

Aggravated Assault – Charges Dropped

Aggravated assault with a deadly weapon where client was alleged to have drawn a knife on a family member after a verbal altercation.  Evidence showed accuser was actually aggressor and client was drawing weapon in a defensive manner.

Domestic Assault – Not Guilty at Trial

Client accused of assault/ family violence.  Accuser claims he was extremely intoxicated and pinned her down multiple times.  Accuser called friend who called 911. Client is arrested.  At trial it was shown Client had injuries as well as the accuser and the contact made by defendant, if any, was defensive in nature.  Not Guilty verdict.

Interference with 911 Call – Reduced

Client accused of grabbing wife’s phone to prevent her from making a call. Interference with 911 dismissed and deferred adjudication accepted on the Class C Assault. Both cases eligible for expunction after 2 years.

Partier’s Failure to Identify – Charges Reduced

Client attending high school party when officers suspicious of underage drinking arrive. Client and others hide in attic but were ultimately discovered. Client was asked her name which she provided but initially misspelled. Client corrected error when confronted about proper spelling. Negotiated a reduced Class C charge with deferred adjudication. Case will be eligible for expunction after 2 years.

Felon’s Failure to Identify – Charges Reduced

Teenage client facing felony charges in another county. Frightened during subsequent traffic stop client used fictitious name when asked by officer. Provided State’s attorney with several character references to help persuade a reduction to a Class C Misdemeanor and Deferred Adjudication. Case eligible for expunction after 2 years.

Theft By Bounced Check – Dismissed

The client was accused of theft by check for allegedly writing a $104 check for groceries to a local store that bounced.   The client had very limited financial means and was sitting in jail unable to post a bond. Refusing to be pressured into a plea agreement for time served, we were eventually able to convince the State to dismiss the charge with no conditions.

Evading Arrest – Dismissed

Client completed 8 years of a 10 year probation.  He was also doing well on probation and staying out of trouble.  On the day of his regularly scheduled meeting with his probation officer, he was informed there was a warrant for his arrest and they were going to take him to jail.  Client panicked at the thought of possibly spending 10 years in jail and started running for the door.  Police caught up with him in the parking lot and he was charged with evading the police.  Once the case was filed, I focused on the issue of whether the client was truly under arrest at the time—you can’t evade if you aren’t really under arrest. Following negotiations with the prosecuting attorney, the State dismissed the case against my client.

Collin County Drug Case Results

Marijuana Charges – Eligible for Expunction

Client previously dismissed from pre-trial diversion program for using marijuana was given a reduction of the charge to where client will be eligible for expunction.

Felony Marijuana Possession – Reduced

Case reduced prior to filing as Possession of Marijuana with Intent to Distribute is not an offense. Client charged with Possession of Marijuana in Drug Free Zone. Initially considered for Pretrial Diversion but rejected due to facts of the case. Pursued a post-PTD-rejection course of action which resulted in reduction of charges to Class C Misdemeanor and Deferred Adjudication. Case eligible for expunction after 2 years.

Marijuana Possession Charges – Reduced

The client was arrested for allegedly having possession of marijuana.  A motion to suppress the marijuana located during the search was filed based on the theory the officer’s stop of client’s vehicle was unlawful.  I was able to gain leverage in negotiations and prosecutor agreed to reduce the Class B charge to a Class C misdemeanor paraphernalia charge with a 6-month non-reporting probation period.

Collin County DWI Case Results

Driving While Intoxicated – Not Guilty at Trial

Client almost had car accident involving police officer caught on video.  Client was alleged to have failed all field sobriety tests and admitted to drinking 4 beers.  Breath test was approximately 0.11.  Jury was told about problems with breath testing programs and why officers evaluation of the field sobriety tests was incorrect.

DWI Charges – Not Guilty Verdict

Major highway truck accident shutting down main artery into Dallas. Accident investigation evolved into DWI-Drugs investigation when 7 hours of cleanup efforts yielded little progress on re-opening highway. Fought to obtain statement by State’s toxicology-chemist that client was unlikely affected by drugs. Case resulted in not guilty verdict and immediate expunction.

DWI Charges – Dismissed

The client was parked in their vehicle on the shoulder of the Dallas North Tollway at 2:45 am when a trooper stopped behind them with his overhead lights on.  The trooper made contact with my client and noticed there was an odor of alcohol in the vehicle.  Client was subsequently arrested for DWI and found to have a blood alcohol level of .125.  Following a motion to suppress hearing, the Court found although the trooper may have been concerned for my client’s welfare, my client exhibited no signs of distress simply parked on the shoulder. The Court went on to hold that that vehicle stop in the case should be suppressed and any evidence in this case was obtained in violation of my client’s constitutional rights.  Following the ruling by the Court, the State had no choice but to dismiss the case against my client.

DWI Over 0.15 – Reduced

Client was arrested for Driving While Intoxicated following a traffic stop.  A subsequent blood test alleged my client’s blood alcohol level (BAC) at the time of the test was .217. After several weeks of hard work on the case weaknesses in the blood analysis were found.  As a result, the prosecutor agreed to lower the charges from the greater than 0.15 BAC Class A misdemeanor level to a Class B misdemeanor, or a DWI below 0.15 BAC offense level.  This reduction was significant considering it dropped the potential punishment range down to a fine that would range from $0 to $2,000 and from 72 hours to 180 days in jail (which was be probated in this case). Better yet, the client will not have to pay $6,000 in DPS surcharges that would have followed the conviction.

Plano Criminal Defense Case Results

Continuous Sexual Abuse of a Child – Dismissed

Potential Sentence: Minimum of 25 years prison, up to 99 years with a $10,000 fine.

Summary: The client was charged by indictment of a Continuous Sexual Abuse of a Child under 14 years of age. The trial resulted in a hung jury; the State then realized they had no chance and dismissed the case.

Indecency With A Child by Contact -DISMISSED

Potential Sentence: Up to 25 years prison, with a $10,000 fine.
Summary: The client was charged by indictment of Indecency With A Child by Contact. State Dismissed charges outright.

Continuous Sexual Abuse of a Child (one count) & Indecency With a Child by Contact (three counts) – DISMISSED

Potential Sentence: Minimum of 25 years prison, up to 99 years with a $10,000 fine AND 20 years in prison on each of the Indecency counts; each with a $10,000 fine.
Summary: Rosenthal Barbieri convinced judge and prosecution that charges were without merit; case was dismissed outright.

Sexual Assault of a Child (one count) & Indecency With a Child by Contact (three counts) – DISMISSED

Potential Sentence: Minimum of 25 years prison, up to 99 years with a $10,000 fine AND 20 years in prison on each of the Indecency counts; each with a $10,000 fine.
Summary: Case was dismissed outright.

Possession of a Controlled Substance – DISMISSED

Potential Sentence: Up to 2 years prison, with a $2,000 fine
Summary: Case was reduced to a Class A Misdemeanor; client was placed on deferred adjudication (probation) and case dismissed upon completion of probation.

Possession of a Controlled Substance – DISMISSED

Potential Sentence:: Up to 1-year prison, with a $4,000 fine
Summary: Client charged with Assault Family Violence; BLF successful able to get case dismissed.

Continuous Sexual Abuse of Child – Not guilty of all charges by Jury

Potential Sentence: Life in prison
Summary: Client’s teenage step-daughter retaliated against him because he was too strict.

Aggravated Sexual Assault of Child -Not guilty of all charges by Jury-

Potential Sentence: Life in prison
Summary: Client and wife took family friend’s daughter to help raise. After she became unmanageable, Client sent her back home. Frustrated, she falsely charged him of sexual abuse.

Indecency With a Child By Sexual Contact – Not guilty of all charges by Jury

Potential Sentence: up to 20 years in prison and/or fine up to $10,000.
Summary: Client was charged with Indecency With a Child by Sexual Contact in January of 2015 after false accusations were made again him by a family friend’s daughter.

Indecency by Contact with a Child – Not guilty of All Charges by Jury

Potential Sentence: 20 years each on 9 Counts
Summary: Client accused by estranged wife of molesting his step-daughter to gain upper hand in divorce

Murder – 7 Years Deferred Adjudication. No Jail. Charges Reduced.

Potential Sentence: up to 99 years in prison and/or fine up to $10,000.
Summary: Client was arrested and charged with Murder in January of 2016 after he was involved in a theft-gone-wrong where a Co-Defendant shot and killed another person. Client was facing up to 99 years in prison, but after negotiations with the prosecutor, a plea agreement was entered that not only kept the client out of prison, but also did not result in a conviction of the alleged offense.

Evading Arrest With a Vehicle – Charges reduced. 2 Years Deferred Adjudication. No Jail.

Potential Sentence: up to 10 years in prison and/or fine up to $10,000.
Summary: Client was charged with Evading Arrest With a Vehicle in May of 2017 after he did not yield to law enforcement’s request to pull over on his ATV right away. After negotiations with the prosecutor, an agreement was reached, and the client was not required to serve time in prison, but his case was reduced to a misdemeanor charge of Evading Arrest, and he did not receive a conviction for the alleged felony offense

Assault Family Violence, Causing Bodily Injury – DISMISSED

Potential Sentence: up to 1 year in prison and/or fine up to $4,000.
Summary: Client was charged with Assault Family Violence in February of 2016 after a misunderstanding between his wife where law enforcement was called out to their home. The matter was investigated by the Rosenthal Barbieri, and the case was set for trial after it was determined that there was not sufficient proof, at which point the State realized it did not have enough evidence to pursue the charges.

Aggravated Assault with Deadly Weapon – Indictment Refused

Potential Sentence: 20 years in prison and/or fine up to $100,000
Summary: Husband falsely accused of pointing gun at estranged wife

Aggravated Assault & Child Endangerment – Indictment Refused

Potential Sentence: 20 years in prison and loss of top security clearance
Summary: Neighborhood kids falsely accused client of threatening and pulling gun on them

Theft Under $1,000,000 – Indictment Refused

Potential Sentence: 10 years in prison and loss of medical license
Summary: Doctor accused of stealing extreme amount of prescription medication

Assault – Bodily Injury – DISMISSED

Potential Sentence: 1 year in jail
Summary: Client accused of physically assaulting a relative

Assault – Domestic Violence – Not Guilty

Potential Sentence: 1 year in prison
Summary: Father falsely accused of punching and attacking his teenage daughter

Sexual Assault of a Child – Dismissed All Charges

Potential Sentence: 5-99 years or Life in Prison
Summary: Guests at a party claim client snuck in and molested their child in a back bedroom

Fraud Government Document – Reversed on Appeal; Acquittal Rendered

Potential Sentence: 1 Year prison
Summary: Falsely accused of a serious crime that did not meet elements of the offense

Federal Drug Conspiracy – Mistrial granted, Hung Jury in favor of defense

Potential Sentence: Minimum 10 years to life
Summary: Mistrial granted

Cocaine Possession & DWI 3rd – Acquitted of all charges

Potential Sentence: 2 – 10 Years in Prison
Summary: Acquitted of all charges by Collin County Jury

Felony Interference with Child Custody – Dismissed before trial for Double Jeopardy

Potential Sentence: 2-10 years in prison
Summary: Judge dismissed charges before trial; double jeopardy attached after defense argued that a $100 fine paid on a related matter barred this felony charge; Judge agreed

Murder – Jury found client Not Guilty; Self-defense

Potential Sentence: 5-99 years or Life in Prison
Summary: Client was armed with 2 firearms when feared he was about to be attacked for stealing a man’s girlfriend. Client killed attacker and acquitted by jury

Aggravated Sexual Assault of a Child – Jury found not guilty; hung jury first trial

Potential Sentence: 5-99 years or Life in Prison
Summary: Adopted daughter resented family and falsely accused adoptive father of molesting her; acquitted by jury of all charges

Assault Family Violence – Jury verdict of Not guilty

Potential Sentence: 1 year prison; loss of top security clearance & overseas contract
Summary: Jurors waited to hug client after finding him not guilty of all charges.

Drug Possession – Jury verdict of Not guilty

Potential Sentence: 1 year prison
Summary: Client’s apartment bedroom searched by police, and found 32 pieces of drug paraphernalia devices, and bongs; found not guilty by jury

DWI – Jury verdict of Not guilty

Potential Sentence: Up to 6 months in jail
Summary: Client pulled over with several empty beer bottles on floor board; and breath test of .16. Found not guilty by jury

Sexual Assault (Date Rape) – Dismissed by Grand Jury

Potential Sentence: Up to 20 years in prison
Summary: remorse and falsely accused young man of rape after an evening of consensual sex.

Sexual Assault (Date Rape) – Dismissed by Grand Jury

Potential Sentence: 2 to 20 years in prison
Summary: Englishman on visa had consensual relations with a woman after Halloween party; grand jury dismissed as a false claim

Aggravated Sexual Assault of Child – Dismissed of all charges by Grand Jury

Potential Sentence: 5-99 years or life in prison
Summary: Daughter falsely accused father of molesting her after he punished her for misbehaving; she finally recanted & case was dismissed

Indecency Sexual Contact – DISMISSED

Potential Sentence: Up to 20 years in prison
Summary: Granddaughter accused grandfather of fondling, but later admitted she lied

Unlawful Possession Weapons – Jury verdict of Not Guilty.

Potential Sentence: 6 months in jail.
Summary: Jury found weapons to be artifacts and acquitted of charges

Federal Drug Conspiracy – DEA dismissed.

Potential Sentence: Up to 20 years of federal prison.
Summary: Client worked with DEA after being found mailing prescription drugs; case dismissed

Continuous Sexual Abuse of a Child – Dismissed before trial

Potential Sentence: 25 years minimum – life in prison
Summary: Grandfather accused of molesting granddaughter; entire family repeatedly claimed it was false; dismissed before trial

Continuous Sexual Assault of a Child – DISMISSED

Potential Sentence: 25 year minimum – life in prison
Summary: Nigerian immigrant falsely accused of molestation by step-daughter; charges all dismissed

Assault of a Child – Not Guilty by Jury

Potential Sentence: Up to 1 year in prison
Summary: Step-father falsely accused of abuse by step-daughter; jury quickly found client not guilty

Felony Burglary of Habitation – Assault – Not guilty of all charges by jury

Potential Sentence: 2-20 years in prison
Summary: Ex-girlfriend claimed client pushed his way into her apartment, repeatedly assaulting her; he was acquitted by the jury of all charges

Felony Assault – Choking Impeding Breath – Reduced to Class C ticket & dismissed

Potential Sentence: 2-10 years in prison
Summary: Dismissed by prosecutor of choking girlfriend; reduced to a Class C ticket

Outrunning Police & Reckless Driving – DISMISSED

Potential Sentence: up to 15 years in prison
Summary: Client was charged in two cases in felony court and misdemeanor court.