FLANARY LAW FIRM, PLLC
In the search for a criminal defense attorney, you’ve made it to the right place.
Your case—every criminal case—pits you against State or Federal prosecutors, formidable opponents with virtually unlimited resources at their disposal. Contrary to many peoples’ natural instincts, the government does not want to help you. They don’t want to hear you out. They don’t want to work with you. They want to incriminate you and win a conviction.
San Antonio Criminal Defense Lawyer
You need a criminal defense attorney who has successfully beaten the government at their own game. Donald H. Flanary, III, voted San Antonio’s 2015 Defender of the Year, thrives in front of a jury, able to tell your story and shine a light on the weakest parts of the government’s case. With over ten years of experience, he’s won numerous trials for sexual assault and intoxication manslaughter, among other charges.
He also knows when to negotiate, when to take advantage of pretrial motions, and when to challenge an underlying statute. Your case may necessitate all of these tactics, yet not every criminal attorney identifies and attacks complex problems, preferring instead to force individual cases into a predetermined mold. Your circumstances may not fit the mold.
At every stage of a criminal case—trial, appeal, and habeas corpus—critical decisions must be made that often have permanent consequences. Hiring a criminal defense attorney may be the most important decision you’ll ever make. We welcome the opportunity to discuss your case in detail. Call the Flanary Law Firm today to schedule a free consultation.
Result: Not Guilty Details: Defendant was charged with the intoxication manslaughter of a child who was ejected from another vehicle involved in the accident. The Defendant was alleged to have a 0.15 blood alcohol concentration. Through accident reconstruction at trial we showed that the Defendant could not have caused the wreck, that the officers were extremely biased, and that there were serious problems with the crime lab's results.
Result: Not Guilty Details: The Defendant was charged with brutally raping and assaulting a woman on a date. We convinced the jury that while the Defendant did engage in consensual sex with the woman, she made up the allegations and even inflected wounds all over her body to frame him and extort him.
Result: Dismissed Details: Defendant was charged with engaging in Improper Photography in violation of Texas Penal Code Section 21.15. We challenged the Constitutionality of the statue on First Amendment grounds. The Texas Court of Criminal Appeals granted our challenge and struck down the statute.
The federal government has tremendous power and resources to investigate crime. They use wiretaps, informants, and sophisticated surveillance to compile information against the accused. Multiple agents may spend hundreds of man-hours to build cases around suspects before charges are brought. For that reason the Government is always very prepared to win.
When our clients become targets of investigations, we aggressively conduct investigations of our own to develop, discover and tell their side of the story. We posses extensive and respected relationships with many individual federal agents and Assistant United States Attorneys through which we make contact and seek to advocate for our clients that they not be charged. When we cannot stop prosecutions at that stage, we seek to build strong defenses as early as possible. We have our own experienced private investigators who are former federal agents themselves that work with us to solve our clients’ problems.
The Federal Government often uses its extensive power through grand jury subpoenas and federal warrants to search and seize the belongings of the targets of investigation. Seizures can be very expansive and invade the most sacred aspects of citizens’ privacy rights.
Agents must be meticulous in their applications for the seizure of citizens’ property. When they make mistakes or overstep their constitutional bounds, we are there to catch them and hold them accountable. Our detailed knowledge of sophisticated subpoena compliance and Fourth Amendment jurisprudence makes our firm remarkably effective in protecting the privacy interests of our clients at the most crucial point in the case.
When federal agents arrest individuals, they must immediately bring them before a Federal Magistrate Judge. This process is very frightening, and arrested persons can feel very alone and afraid. In the majority of federal criminal cases, the government attempts to detain the person pending their trial. If a defendant is detained during the pretrial phase of his case, he may be seriously prejudiced because this dramatically affects his ability to work with his lawyer to mount a capable defense.
We work vigorously from the moment we are contacted to obtain release on bail. Unfortunately, not all defendants enjoy a right to bail in federal cases, so it is important to be prepared to persuade the Magistrate to consider and impose a reasonable bail. When the Magistrate denies our client’s bail, we do not stop there. We continue to appeal to the District Court to fight for the release of our clients.
Federal prosecutions frequently involve voluminous discovery in the form of countless FBI, DEA, or DHS reports, endless hours of wiretaps, thousands of pages of financial records, or reams of highly technical scientific evidence. The federal government has virtually unlimited resources and manpower to cull through and manage this information that will ultimately become evidence against defendants.
We have considerable experience and staff to process and understand this information. It’s vital that every bit of information is examined for its veracity and searched for favorable evidence.
TIn general, the Federal Rules of Criminal Procedure and case law favors federal prosecutions. Whether it’s the many exceptions that excuse law enforcement’s bad behavior or the institutionalized system of creating hurdles to discover the truth about the government’s case, the court system places roadblocks in the way of criminal defendants to prevent the defendant from telling his side of the story to a jury.
We have a very aggressive approach to litigating criminal cases. Our motions practice focuses on substantively making the battlefield at trial the most favorable it can be. We do this by anticipating the government’s strategy and concealing our own. We use all available law and argument to prevent and exclude harmful evidence against us while admitting favorable evidence.
The Fourth Amendment protects citizens against unreasonable searches and seizures as well as illegal arrests. The government and its agents are routinely careless or reckless about citizens’ rights when they attempt to ferret out what they perceive are crimes. Some even bend or break the rules to get what they want.
Fourth Amendment law is complex, expansive, and ever-changing. A very experienced lawyer can destroy the government’s case with the prudent and strategic use of motions to suppress. Oftentimes, the motion to suppress is the only way to win a criminal case. When defendants are accused of possessing contraband, there may be no debate about the actual possession—the only issue becomes whether the search that lead to the evidence was legal.
In all criminal cases, there are possible justifications and defenses. From a basic perspective, these include self-defenses, alibis, and impossibilities. The government is aware of them and designs their cases to withstand these challenges.
There are a number of specialized defenses allowed under the Federal Rules of Criminal Procedure that are not known by the general public. Many of them must be specifically plead and raised at the appropriate times. It is important that the lawyer is experienced in spotting, developing, and asserting these defenses against the objections of the government.
Over 90% of federal criminal charges result in guilty pleas.
When defendants do try their cases in federal court, the rules are often stacked against them.
Over 90% of federal criminal charges result in guilty pleas. This often occurs because the federal government usually does not file their cases until they have more than enough evidence to convict, giving defendants very little room to negotiate.
We approach every case as though there will be a contested trial or hearing on a motion to suppress. We do that because it allows us to understand every conceivable outcome, it puts our clients in the best position to make a decision, and causes the government to have to perform a considerable amount of work. We have, and we promote, our reputation with federal prosecutors that we are going to make them work very hard if they intend to get a conviction.
When defendants do try their cases in federal court, the rules are often stacked against them. They have little time to speak to the jury and are often denied the ability to present their side of the story.
Intense preparation is vital to leveling the playing field in a trial. The way we win trials is simple: by discovering our clients’ stories and telling them to the jury in a way that humanizes the accused and persuades the jury to do the right thing.
The Federal Sentencing Guidelines are lengthy, complex, and virtually control the ultimate sentence that will be imposed.
After a jury of our peers has found the Defendant NOT GUILTY his or her freedoms are restored but he may have been forced to make immeasurable sacrifices.
The Federal Sentencing Guidelines are lengthy, complex, and virtually control the ultimate sentence that will be imposed. They impose severely long penalties and mandatory minimums based on a tabulation of multiple factors within a case, including the individual defendant’s background.
Every fact matters in sentencing, and only with a deep understanding of all the complexities of the guidelines will the lawyer be able to reduce a defendant’s sentence.
After a jury of our peers has found the Defendant NOT GUILTY his or her freedoms are restored but he may have been forced to make immeasurable sacrifices. After a not guilty verdict, the Defendant is not compensated for the thousands of dollars spend defending himself. He cannot get back the time lost waiting in jail for his trial and the pain brought to his family. There is often no way to repay the indignities that he has suffered emotionally and to his reputation.
For these reasons, it is often appropriate to file Civil Rights law suits against those who participated in wrongful prosecutions.
The punishments for criminal charges prosecuted in federal court typically involve a much harsher sentence than crimes prosecuted in state court. Federal prosecutors have less discretion in making sentencing decisions and federal judges often follow strict sentencing guidelines. Additionally, not only do federal crimes have a higher maximum penalty than state crimes, but mos
Prosecutors in federal court are known as Assistant United States Attorneys (AUSA). Federal prosecutors work at the direction of the United States Attorney to prosecute criminal cases brought by the federal government against individuals and organizations who violate criminal laws enacted by the United States Congress.
Federal crimes in the Western District of Texas are prosecuted at one of the four federal judicial districts in Texas. The headquarters of the Western District are in San Antonio. Additional offices are located in Alpine, Austin, Del Rio, El Paso, Midland, and Waco.LEARN MORE NOW
Our firm supports the END OF PROHIBITION in the state of Texas, including legislation filed in Austin to allow for medical marijuana, recreational use, and decriminalization.Defending liberty for those charged with marijuana offenses
Marijuana reform and advocacy
Donald Flanary is an active member of NORML (National Organization for the Reform of Marijuana Laws) and their National Legal Committee.
Comprised of hundreds of attorneys across the United States fighting similar battles to protect the rights of cannabis consumers, the NORML Legal Committee assists the legal community and support each other in pursuit of justice.READ MORE