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The Best Defense Is A
Relentless Offense

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Defender of the year

Flanary Law Firm, PLLC

If you’re looking for a criminal defense lawyer to tell your story and fight your criminal case to the end, you’ve made it to the right place. At our firm, we don’t believe in taking client’s money just to bully them into taking an offer from the government, we like cases we can fight and win. The Flanary Law Firm, PLLC, has a primary office in San Antonio, Texas, but accepts both federal and state cases throughout Texas.

If you’re charged with a criminal offense, take it seriously. Hiring a defense lawyer may be one of the most important decisions you will ever make. Criminal convictions can impact your life and take away your freedoms in ways you never thought were imaginable. It is important to remember that in EVERY criminal case, the defendant is put against state or federal prosecutors who have unlimited resources at their disposal. It is their job to incriminate you and secure a conviction; they’re not there to help you, they’re not there to hear your side of the story.

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Federal Criminal Defense

Federal Districts in Texas

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.

Stages of Federal Prosecution

When our clients become targets of investigations, we aggressively conduct investigations of our own to develop, discover and tell their side of the story.

Agents must be meticulous in their applications for the seizure of citizens’ property.

We work vigorously from the moment we are contacted to obtain release on bail.

We have considerate experience and staff to process and understand this information.

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.

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.

There are a number of specialized defenses allowed under the Federal Rules of Criminal Procedure that are not known by the general public.

Over 90% of federal criminal charges result in guilty pleas.

Trial

When defendants do try their cases in federal court, the rules are often stacked against them.

The Federal Sentencing Guidelines are lengthy, complex and virtually control the ultimate sentence that will be imposed.

Acquittal

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.

donald flanary III law firm

Donald Flanary III

Donald H. Flanary, III

Criminal Defense Attorney

Donald H. Flanary, III., founder of the Flanary Law Firm, PLLC, has over 15 years of criminal defense experience and has mastered how to advocate against the government for his clients. Voted San Antonio Criminal Defense Lawyers Association’s 2015 Defender of the Year, Don thrives in front of a jury and is not afraid to stand up to the government. He has taught his team how to shine light on the weakest parts of the government’s case and tell the defendant’s story. Don has successfully won numerous jury trials throughout the state for serious crimes including sexual assault, intoxication manslaughter, and federal coercion of a minor, among others.

Don and his team know when and how to negotiate with the prosecutors, when to take advantage of pretrial motions, and when to attack unlawful arrests or even laws. Your case may have suppression issues, may deal with an unlawful statute, or just have the need to really tell your side of the story clearly. It is of paramount importance that you hire someone who can identify and attack complex issues as well as have the ability to relay to the jury the most important part of your case- YOUR STORY. Take the first step and call us today to schedule your free consultation.

Flanary Law Firm Fights

Notable Victories

  • Not Guilty
  • Dismissal
  • Testimonials

NOT GUILTY

Intoxication Manslaughter (Texas Penal Code Section 49.08)

details

Defendant was charged with the unfortunate death of a 10-year-old boy in this intoxication manslaughter case before the 379th Judicial District Court of Bexar County, Texas, and was facing up to 20 years in prison. Donald H. Flanary, III., and his co-counsel were able to show the defendant’s side of the story and point out other factors that lead up to the victim’s death, which were out of the defendant’s control. Don Flanary was also able to challenge the validity of the blood test done in the case, which he found issues with. Defendant was acquitted at trial.

NOT GUILTY

Five (5) counts of Sexual Assault (Texas Penal Code Section 22.011)

details

Defendant was charged in the 226th Judicial District Court of Bexar County, Texas, with 5 counts of felony sexual assault. Don Flanary was lead counsel and was able to effectively explain to the jury that the defendant’s encounter with the alleged victim was completely consensual, and that there was more to the story and the complainant was telling. After a week-long jury trial, the Defendant was acquitted of all charges.

Was really in a difficult situation Mr. Flannery and Amanda Hernandez came to the rescue, all my cases have been dropped/dismissed and I couldn’t be happier if you find yourself needing a lawyer I would definitely come back to them again.

Mario B.

I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. His knowledge and ability within the courtroom are excellent,...

Fernando R.

Protect Your Rights

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.

Protect Your Rights

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.

Aggressive Trial Lawyers

The Team

As one of San Antonio’s most aggressive criminal defense firms, Flanary Law Firm stands ready to assist you 24/7. Whether you’re facing a misdemeanor charge or are up against the Federal Government in a case that can impact your life for years to come, we stand ready to defend you and protect your rights. We pride ourselves in believing that the best defense is a relentless offense and put our beliefs to practice for you.

Donald Flanary, III

The best defense is a relentless offense.
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Amanda Hernandez

Criminal defense attorney at Flanary Law Firm
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Investigation

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.

What we do

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.

Subpoenas/warrants

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.

What we do

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.

Arrest & Bond Issues

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.

What we do

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.

Discovery

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.

What we do

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.

Motion Practice

In 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.

What we do

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.

Suppression

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.

What we do

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.

Defenses

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.

What we do

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.

Plea

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.

Trial

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.

Sentencing

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.

Acquittal

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.