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More Trial Victories

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Jury Trial Victories

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Charge:

Count One: Coercion and Enticement of a Minor (18 USC Section 2422(b)

Count Two: Transfer of obscene material to a minor (18 USC Section 1470)

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Result:

NOT GUILTY

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Details:

Defendant was facing a 10-year mandatory-minimum prison sentence. Defendant was charged in federal court in the Southern District of Texas, Laredo Division, with Count One: Coercion and Enticement of a Minor (18 USC Section 2422(b)); and Count Two: Transfer of obscene material to a minor (18 USC Section 1470). Donald H. Flanary, III. and his associate, Amanda I. Hernandez, were able not only to secure a NOT GUILTY verdict for their client, but also showed the jury that the government agent in the case unlawfully entrapped the defendant.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Five (5) counts of Sexual Assault (Texas Penal Code Section 22.011)[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY

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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.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Indecency with a Child (Texas Penal Code Section 21.11) [/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY

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Details:

Defendant was charged in the 186th Judicial District Court of Bexar County, Texas, with the felony offense of engaging in sexual contact with a child under the age of 17 by contact. Donald H. Flanary, III. was lead counsel and his associate, Amanda I. Hernandez, was second chair. Throughout the trial, Don and Amanda were able to show that the State failed to do a thorough investigation of the matter and pointed out continuous errors and omissions by law enforcement. The offense was alleged to have been committed at a party at the defendant’s home, yet no witnesses were ever interviewed by the government. After a 5-day trial, the jury was able to understand the defendant’s story and he was found NOT GUILTY of offense charged.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Attempted Sexual Assault (Texas Penal Code Section 22.011)[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY

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Details:

Defendant came to Flanary Law Firm, PLLC, after losing a trial for attempted sexual assault in the 441st Judicial District Court of Midland County, Texas, and was going to be deported for the offense. After an investigation, the Flanary Law Firm, PLLC, found that constitutional violations had occurred in the defendant’s trial that negatively impacted him and lead to an unfair trial. After winning a Motion for a New Trial with the judge, Donald H. Flanary, III., and his associate, Amanda I. Hernandez, took the defendant’s case back to trial and were able to show the jury that the attempted assault had never been committed, but rather was an attempt to hurt the defendant by the complainant. Defendant was acquitted of the felony charge and was able to lawfully stay in the United States.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

13 Counts of Sexual Assault of a Child (Texas Penal Code Section 22.011)[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

MISTRIAL (Hung Jury); subsequently dismissed by the State

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Details:

Defendant was charged by Indictment with 13 counts of Sexual Assault of a Child in 416th Judicial District Court of Collin County, Texas. The case involved a multitude of complex issues, including the Complainant having an intellectual disability and a life-long custody battle for her between her parents, with the defendant being the Complainant’s stepfather. Donald H. Flanary and his associate, Amanda I. Hernandez, tried the case with the assistance of local counsel and were able to successfully put up a fight at every stage of the proceeding. After a hard-fought, week-long trial, a mistrial was declared when 2 of the 12 jurors would not vote to join the other 10 in acquitting the defendant. After the mistrial, the State dropped all charges against the defendant.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Intoxication Manslaughter (Texas Penal Code Section 49.08)[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY

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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.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Burglary of Habitation (Texas Penal Code Section 30.02)[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY

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Details:

Defendant was charged with entering a home without permission from the property owner, a second-degree felony. During the trial, Donald H. Flanary, III., was able to effectively tell the client’s story and explain why he should be found not guilty of the offense charged. Defendant was acquitted by the jury at trial.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Driving While Intoxicated with a BAC of .15 or higher (Texas Penal Code Section 49.04)[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY

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Details:

Defendant in this case was charged with DWI with a blood-alcohol concentration of .15 or higher in the County Court at Law No. 11 of Bexar County, Texas. Donald H. Flanary, III., and his associate, Amanda I. Hernandez, were able to show the jury that the defendant’s actions on the police video were at odds with the alleged blood-alcohol concentration. Don Flanary was able to challenge the science behind the testing and showed his expertise in DWI law to the jury. The jury was able to see that there was a disconnect between the alleged BAC and the video evidence and found the defendant not guilty at trial.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Assault Bodily Injury – Married (Texas Penal Code Section 22.01)[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY

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Details:

Defendant was charged with assaulting his wife, causing bodily injury in the County Court at Law No. 7 of Bexar County, Texas. Donald H. Flanary, III., advocated for his client’s rights and showed the jury that the offense did not occur did the way law enforcement said it did. The jury found the defendant not guilty at trial.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Deadly Conduct (Texas Penal Code Section 22.05)[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY

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Details:

Defendant was charged with deadly conduct in the County Court at Law No. 6 of Bexar County, Texas. Donald H. Flanary, III., assisted in the trial and helped attack the state’s investigation of the case. The defendant was acquitted at trial.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Aggravated Assault with a Deadly Weapon (Texas Penal Code Section 22.02)[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

DISMISSED DURING TRIAL

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Details:

Donald H. Flanary, III., represented this Defendant who was charged with aggravated assault with a deadly weapon and facing 2-20 years in prison and a fine of up to $10,000. During the trial, the State decided to drop all charges against the defendant.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Driving While Intoxicated (Texas Penal Code Section 49.04)[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY BY DIRECTED VERDICT AT TRIAL

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Details:

Defendant was charged with DWI and was represented by Donald H. Flanary, III., at trial. During the trial, the defense moved for a directed verdict, arguing that there was no legally sufficient evidentiary basis for a reasonable jury to reach a conclusion that defendant was guilty. The motion was granted and the defendant was acquitted.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Interference with Public Duties (Texas Penal Code § 38.15) [/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY BY DIRECTED VERDICT AT TRIAL

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Details:

Defendant was charged with Interference with Public Duties in the County Court at Law No. 14 of Bexar County, Texas. Associate Amanda I. Hernandez assisted in the trial and helped secure a not guilty by directed verdict. There, the officer’s testimony did not match the charging instrument and the defendant was acquitted.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Driving While Intoxicated (Texas Penal Code Section 49.04)[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

Mistrial; subsequently dismissed after trial

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Details:

Defendant was charged with DWI in Bexar county and was represented by Donald H. Flanary, III., at trial. After a jury trial ended in a mistrial, the case was subsequently dismissed by the State.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Minor in Consumption (Texas Alcoholic Beverage Code Section 106.04) [/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY

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Details:

No case is too small at the Flanary Law Firm, PLLC. In this case, the defendant was charged with minor in consumption after a group of college students was stopped on a public street and the officer alleged he “smelled alcohol” on defendant’s breath. At trial, Amanda Hernandez was able to show the jury that there was no evidence to suggest that an offense was committed and the defendant was found not guilty.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-charge”]

Charge:

Speeding 10% or More[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_column_text el_class=”case-result”]

Result:

NOT GUILTY

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Details:

No case is too small at the Flanary Law Firm, PLLC. In this case, the defendant was charged with speeding 10% or more in Caldwell County, Texas. At trial, Amanda Hernandez was able to show the jury that the officer did not use proper procedure and that the alleged radar detector reading was false or in error. Defendant was found not guilty.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner css=”.vc_custom_1590785161163{padding-bottom: 10px !important;}”][vc_column_inner width=”1/3″][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text el_class=”stroke-hdra”][/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row el_id=”award-row” css=”.vc_custom_1590785559449{padding-top: 20px !important;padding-bottom: 50px !important;}”][vc_column][ucaddon_award_box][/vc_column][/vc_row][vc_row full_width=”stretch_row” css=”.vc_custom_1548188220807{background-color: #f8f8f8 !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}” el_id=”above-ftr-row”][vc_column width=”1/3″][vc_column_text el_class=”txt-box”]

214 E Ashby Pl
San Antonio, TX 78212

219 E Del Mar Suite 2
Laredo, TX 78041

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Flanary Law Firm Logo

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PHONE: (210) 319-4385
FAX: (210) 728-3438

Monday – Sunday
Open 24 Hours

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