Criminal Law

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Investigation

We have clients hire us when the clients have been informed by law enforcement or other sources that the clients are suspected of committing criminal offenses in San Antonio, Texas or anywhere else in the United States. These clients may be civilians, military, or entities. These clients may also be witnesses, suspects, or targets before state and federal grand juries involving indictments for felonies. We represent military clients at Article 32, UCMJ investigations. The purpose of our criminal defense representation of clients at the investigation phase of a case is to interview witnesses, familiarize ourselves with the facts of the case, and to attempt to convince authorities not to charge our clients with a crime or to convince authorities to protect our clients from criminal prosecution with immunity. Both attorneys are extremely experienced with representing clients at the investigation stage of a criminal case. We have had success in convincing law enforcement not to forward charges to the prosecutor involving a rape case. We have had success in obtaining “no bills” by state and federal grand juries where various grand juries voted not to charge our clients with a criminal offense. One example was in 2008 when Mr. Esparza convinced a grand jury to "no bill" a client in a capital murder case. In 2009, Mr. Esparza convinced the State to dismiss a capital murder case. We have also had success in convincing investigating officers at Article 32 investigations to recommend no criminal charges be referred to court-martial, be it a summary, special, or general court-martial.

 

Trial

We have clients hire us when the clients have been charged with criminal matters in state, federal, or military courts. We have successfully litigated pretrial writ of habeas corpus cases resulting in charges being dismissed against a client in a drug case. We have successfully litigated motions to suppress evidence resulting in the dismissal of murder charges or the suppression of drug and cocaine evidence. We are experienced in the selection of juries and have been faculty speakers at continuing legal education courses on this subject and other defense matters in criminal trials. We have successfully litigated criminal defense matters to state and military juries resulting in acquittals, for example, of capital murder, rape, indecent acts with a child, assault, driving while intoxicated, malingering, false official statement, and failure to obey an order. As recently as March 25, 2009, we obtained an acquittal in two hours in a capital murder trial. On May 21, 2008, we obtained an acquittal in less than thirty minutes in a two count felony indecency of a child case. We have also successfully litigated motions for new trial resulting in a new trial being granted and the charges dismissed.

 

Appeal

We have clients hire us after the clients have been convicted of a criminal matter in state, federal, or military courts. We investigate all grounds for a motion for new trial, we prepare the appellate briefs, and we argue the cases before the appellate courts. We have represented clients on appeal throughout Texas and before the Fifth and Tenth Circuit Courts of Appeal and the Supreme Court of the United States in the federal system and before the Army Court of Criminal Appeals and the Court of Appeals for the Armed Forces in the military system. We have obtained reversals and new trials in, for example, cases involving capital murder, drugs, aggravated sexual assault of a child, and indecency of a child.

 

Writ of Habeas Corpus

We have clients hire us after the clients have been convicted of a criminal matter and after the clients have been denied relief on appeal. We thoroughly investigate, prepare, and litigate post-conviction writs of habeas corpus in an attempt to obtain a new trial for our clients. We have represented clients on post-conviction writs throughout Texas and in the federal system. We have obtained relief in, for example, a death penalty capital murder case.

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Expunctions

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We have clients hire us to obtain expunctions of their criminal records, assuming they are legally eligible for expunction. Arrest records and criminal charges created at the time of arrest are forwarded to the Texas Dept of Public Safety by the arresting agency who maintain a database of offenders (TCIC). They in turn send this information to a national criminal information system (NCIC). Under the Texas Open Records Act, the public can access records for background checks, leasing checks by potential landlords, employment investigations, and other related matters. Sometimes even on-line searches can turn up criminal records or mentions of past arrests. If you are eligible for expunction, you should consider having our firm assist you in clearing your record. Expunction will result in erasure of your records and it will be as if you were never arrested or charged. Contact our office if you believe you are entitled to an expunction and wish to pursue the matter. Sometimes, even if you are not entitled to an expunction, you may be entitled to an Order of Non-Disclosure. Contact our office to see if we can help you!

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