Indecent Exposure, Brazoria County, Complaining witness
testifies client seen masturbating while driving;
officer making initial stop testifies that client had
belt undone and zipper down, and bodily fluid on shirt.
||Not guilty verdict by jury||8/2011|
|61,760||Theft > $20,000.00 but less than $100,000.00||Not guilty verdict by jury||5/6/2011|
|61,759||Misapplication of Fiduciary Property > $200,000.00||Not guilty||5/6/2011|
|Misapplication of Fiduciary Property > $100,000. but less than $200,000.00||Not guilty|
|Misapplication of Fiduciary Property > $20,000.00 but less than $100,000.00||Not guilty|
|174027||Driving While Intoxicated-2nd||Directed Verdict of Not Guilty (Judge grants motion for directed verdict at close of state’s case, client found not guilty)||11/3/2009|
DWI-2nd with Open Container:
Client pulled over for speeding with two 24 oz. Buds, one almost gone, does poorly on field sobriety tests, including being unable to recite alphabet, despite three chances; results of preliminary breath test (“PBT”) over two times legal limit.
Suppress sound on the video and results of preliminary breath test (over two times legal limit), shred Trooper on cross, present expert testimony regarding administration of field sobriety testes
|Not Guilty by Jury||11/7/2009|
|53537, et al||Attempt to Disarm Peace Officer; Bribery; Assault Causing Bodily Injury (“ACBI”)- Family Violence; Terroristic Threat, and Resisting Arrest. Client charged with all of the above. Through aggressive pretrial investigation and discovery able to negotiate client walking away with deal set forth to the right.||Attempt to Disarm – Dismissed; ACBI-FV- Dismissed; Bribery- Dismissed (state proceeded on lesser class C misdemeanor charge of Disorderly Conduct); Terrroristic Threat – Dismissed; Resisting Arrest – 3/3, $1,000.00; Fine and court costs.||9/7/2009|
|152,437||Client hit a person loading a trailer on the improved shoulder of a highway, causing extensive injury. Initially charged with DWI, case then set to be presented to Grand Jury to indict for felony Intoxication Assault and, possibly, felony Failure to Stop and Render Aid. Assemble defense team, and working with an excellent civil attorney, able to convince district attorney’s office to hold off on indictments pending a resolution of the civil case. Civil case is resolved, and victim agrees that client need not be punished any further, then DA’s office forgoes indictments and client is put on probation for DWI.||Probation for DWI where felony charges of Intoxication Assault and Failure to Stop and Render Aid would have been brought without intense negotiation and effort.|
- Aggravated Robbery (client accused of being
involved in a home invasion where homeowner assaulted) -
- Assault (accused a parolee, alleged victim
a 9 y.o boy) - not guilty; 11/03, win parole revocation
proceeding as well; 01/04.
- Robbery (client accused of being involved
in strong- arm robbery over Mardi Gras in Galveston) - dismissed
- Burglary of a Habitation with Intent to commit
Assault and/or Sexual Assault (habitual offender with
seventeen prior felony convictions looking at 25 to life,
alleged victim his female neighbor)- not guilty; 08/02.
- Probation from a jury in a case where my 6'
400 lb. client led a home invasion, beat a woman in the home
with the base of a pool cue, threatened her with a pistol, and
then pistol whipped her, was caught leaving the scene in his
truck with the weapons and other loot, confessed, and was
identified by the woman and his cohorts. A judge -not the one
that presided at trial - told me "this boy will get probation
from a jury when hell freezes over." I guess it was mighty cold
down there when the jury announced its verdict of 10 years
probated for ten years - in other words, the jury suspended his
sentence and the boy did not go to prison; 06/02.
- DWI (head on collision on the Seawall in Galveston, occupants of other vehicle injured, my client looks bad on the videotape so I get it suppressed by the judge; -not guilty; 03/00.
These are but a few of Attorney Merino's many victories. Attorney Merino is a true believer in the American system of justice. It is not perfect but it is still the best in the world IF THE DEFENSE LAWYER DOES HIS OR HER JOB. Attorney Merino is dedicated to winning.