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Success Stories

 

 

1. Dallas County

Client, a well-respected respiratory therapist, was charged with sexually harassing a co-worker. Client’s respiratory license was in danger of being revoked based on the accusations and he was put on indefinite suspension pending the outcome of the case. Attorney Johnny Lanzillo noticed many inconsistencies in the co-worker’s story and set the case for jury trial.

RESULT: At trial, the criminal defense team pointed out all the holes in the co-worker’s testimony and argued alternatives of what likely occurred. After just 30 minutes of deliberation, the jury returned a Not Guilty verdict. Client can now move on from the baseless accusations, can return to work, and his license is no longer in danger of revocation.

 

2. Collin County

Client was charged with Assault with Family Violence, a Class A Misdemeanor. He was facing up to a year in county jail and a $4,000 fine.

RESULT: After a trial, Client was found Not Guilty and can move on with his life. He can also completely expunge his criminal record related to this arrest and charge.

 

3. Travis County

Client, on advice of prior counsel, took Deferred Probation on a Robbery charge in Hunt County. Unfortunately, he was already on Deferred Probation in Travis County for Felony Possession of Methamphetamine. The State attempted to revoke his Deferred Probation (Motion to Adjudicate) and Client faced 10 years in prison. Attorney Johnny Lanzillo IV travelled down to Austin for the Motion to Adjudicate. Both the Probation Department and the State sought prison time, with a Judge on the bench known for following probation recommendations.

RESULT: Mr. Lanzillo convinced the judge to allow the client to remain on Deferred Probation. He would not go to prison and his probation would not be extended or modified in any way. This was the best possible outcome on the case.

 

4. Dallas County

Client, a high school senior, faced 10 years in prison on a Motion to Adjudicate for Felony Heroin Possession charge in Dallas County. The client had violated nearly 20 of his probation conditions, and even had a pending Burglary of a Vehicle charge. A previously appointed attorney set the case for an open plea before the Judge just a week prior to our firm being hired, and the Judge denied a continuance. Attorney Johnny Lanzillo IV met with the client in jail on short notice and prepared for the open plea.

RESULT: Mr. Lanzillo got the Client into a rehabilitative program (that the client wanted), avoided prison time, and even got back time credited for the Burglary of a Vehicle charge. Instead of prison time, Client will receive much needed treatment for his addiction and then will be allowed to continue on his deferred probation.

 

5. Dallas County

Client, a Chinese immigrant, was charged with Sexual Assault (Statutory Rape) for having sexual intercourse with his girlfriend because her official birth records showed her to be underage. Client faced a 2nd degree felony charge that carried a possible sentence of 20 years in prison and also the requirement of having to register as a sex offender for the rest of his life, despite the fact that the entire encounter was completely consensual. Attorney Johnny Lanzillo IV presented a defense before the Grand Jury that included proof that the client’s girlfriend and her family had her birth records altered in China prior to immigrating to the United States, and that she was not actually underage.

RESULT: The Grand Jury returned a “No-Bill” finding and the case was dismissed. Client no longer faces the daunting felony charge and can now completely avoid the stigma that comes from being labeled a sex offender.

 

6. Dallas County

Client faced a Felony Theft charge, accused of defrauding a former employer of over $5000 by using checks from a closed account.

RESULT: Attorney Johnny Lanzillo IV argued that the case had not been filed within the relevant Statute of Limitations period and was able to obtain a complete dismissal of the case. Client is now entitled to a complete Expunction of her criminal record.

 

7. Dallas County

Client was facing a DWI and refused to provide a breath or blood specimen. If convicted, he faced up to 180 days in jail and was considering taking a plea deal. Instead, Attorney Johnny Lanzillo urged Client to set the case for trial based on the inadequate evidence.

RESULT: Mr. Lanzillo convinced the State of the inadequacies of their case. The State reduced the charge to an Obstruction of a Roadway charge (a non-alcohol related offense) and completely dismissed the DWI charge on the day of trial.

 

8. Dallas County

Client was charged with a Class-A Misdemeanor for Assault, Family Violence. Prosecutors sought to require Client to take a 24 week Batter’s Intervention and Prevention Program. Attorney Johnny Lanzillo IV called their bluff and set the case for trial.

RESULT: At trial, the State was not ready to proceed and the charges were dismissed completely. Client will be entitled to an Expunction of his criminal record and doesn’t have to take any classes.

 

9. Dallas County

Client, a Chinese immigrant, was charged with Aggravated Assault with a Deadly Weapon against her soon to be ex-husband, a Second Degree Felony. Client faced up to 20 years in State Prison as well as an up-hill battle in her upcoming divorce proceedings. Attorney and Johnny Lanzillo presented a defense before the Grand Jury that included proof that the accuser fabricated the entire event.

RESULT: The Grand Jury returned a “No-Bill” finding and the case was dismissed.

 

10. Collin County

Client was charged with assaulting her boyfriend in a restaurant and then allegedly attempting to strike him with her car in the parking lot. Client faced a Class A Misdemeanor, the highest Misdemeanor category, for an Assault-Family Violence charge and faced up to 1 year in County Jail. Attorney Johnny Lanzillo argued that the boyfriend was actually the aggressor, was actually currently on probation for a previous conviction for assaulting Client, and was currently in jail for violating that probation!

RESULT: The charges were dismissed completely. Client will be entitled to a complete Expunction of her criminal record and did not have to pay any fines or court costs.

 

11. Dallas County

Client was charged with Possession of Methamphetamine, a State Jail level Felony, when police found drugs in his bag after a routine traffic stop. If convicted at trial, Client faced up to 2 years in State Jail. Attorney Johnny Lanzillo negotiated with Prosecutors to get the best possible deal for their Client.

RESULT: After lengthy negotiations, Client’s Felony level drug charge was reduced to a mere Misdemeanor with minimal fines and a Deferred Adjudication agreement with the Prosecutors. Per the agreement, the charge will be completely dismissed after Client’s completion of the short probation term and Client will then be immediately eligible to seal his criminal record of this arrest and charge from public view.

 

12. Dallas County

Client was arrested and charged with Forgery of a Check, a State Jail Felony, after an altered check was presented at a check-cashing establishment with Client’s name on it. Client did have account at this establishment and the owner picked him out of a photo lineup as the one who opened the account previously. Client maintained his innocence and even told detectives in a voluntary interrogation that his identity had been stolen recently and that someone else was doing things in his name. The District Attorney pushed forward with the case as they claimed to see nearly 20 prior convictions for Client including previous Theft, Fraud, and Forgery convictions. This prompted further inquiry and Sminu was able to track down this other individual and found out that he is currently in prison serving a sentence for Forgery of a Check. Digging deeper, it was discovered that this other individual was caught less than a month after our Client’s alleged crime in a stolen vehicle in Dallas County with multiple stolen credit cards, stolen car keys, a fake ID with our Client’s name and date of birth, and another altered check with our Client’s name on it.

RESULT: After being presented with this new information, the District Attorney promptly dismissed the charges entirely. Further, Client will not have to wait the 3 year statute of limitations before being eligible to expunge this arrest and charge from his record and instead is eligible to expunge his record immediately.

 

13. Tarrant County

Client was arrested and charged with Possession of Marijuana after being stopped by an officer who claimed someone reported his car driving erratically. After reviewing the evidence in the case, Attorney Johnny Lanzillo spotted issues with the stop and with the assistance of our law clerk, Nathan Fuller, discovered case law that supported our position that the stop was improper. Johnny then filed a Motion to Suppress all evidence obtained after the illegal stop and set the case for a hearing before the Judge. Prior to filing this motion, the District Attorney’s offers to settle the case were excessive considering our Client’s lack of previous history and Client was leaning towards setting the case for trial.

RESULT: After reviewing the Motion to Suppress, the DA agreed to drop the charges entirely. The case was dismissed and Client will be eligible for a complete expunction of this arrest and charge from his record.

 

14. Dallas County

Client was charged with possession of marijuana, a Class B Misdemeanor. After reviewing the case, attorney Johnny Lanzillo filed a Motion to Suppress based on the improper stop and conduct of the officer.

RESULT: Pursuant to that Motion to Suppress, client’s case was dismissed.

 

15. Collin County

Client was charged with Driving While Intoxicated with Marijuana as the intoxicant. After a blood test was taken, marijuana was found in Client’s system. Additionally, Client was found in possession of marijuana in her car and the State Trooper claimed he smelled freshly burnt marijuana during the stop. However, she looked extremely good on video. Attorney Johnny Lanzillo set the case for jury trial.

RESULT: Attorney Johnny Lanzillo pointed out the very poor investigation by the State Trooper, and the insufficiency of the blood test. Johnny argued that a habitual marijuana user would always have a certain amount of active THC in their system, and that their was no way to pin-point when the marijuana was actually used. The jury agreed. Client was found “Not Guilty” despite the blood test showing active marijuana (above the legal limit in many states) in her system.

 

16. Dallas County

Client fled in his vehicle the detention of a Texas State Trooper. He was caught about 30 minutes later in another city while attempting to evade Addison PD on foot. Addison PD Officers caught him and found a weapon, xanax, and marijuana in his possession. They charged him with 4 misdemeanor charges. The State Trooper sent his report in and the District Attorney filed Felony “Evading with a Vehicle” and a 2nd “Possession of Marijuana” charge for what was in the vehicle. Client was then appointed an attorney, who pled him to time served on the 4 Addison misdemeanors. A few months later, Client was picked up on the indicted felony and hired our office.

RESULT: After reviewing the discovery, Attorney Johnny Lanzillo filed a “Special Plea of Double Jeopardy” on the Felony Evading charge. The Dallas County DA’s office argued that it was two separate criminal transactions based on case law out of Tyler. Johnny argued it was instead one criminal transaction, and that double jeopardy applied based on case law out of Corpus Christi. After receiving briefs and argument, and consulting with their appellate attorney, the District Court Judge granted the Special Plea of Double Jeopardy on the felony charges. The case was dismissed, and the attached misdemeanor was also dismissed.