IMPORTANT: No attorney can ethically promise you a specific outcome for your criminal charges. However, I believe you should consider an Attorney’s record of success in assessing that Attorney’s knowledge, skill, and ability to achieve the best possible outcome for your case. The facts and the law applicable to each case vary and nothing on this page should be construed as a guarantee of a result in your particular case.
2022
Huerfano County: F4 DUI Probation Revocation. State’s motion for revocation denied by Court.
Huerfano County: Misdemeanor Menacing charge dismissed the week before trial.
Otero County: F3 Witness Retaliation charge dismissed at Preliminary Hearing.
Pueblo County: F5 Menacing (Domestic Violence) dismissed the week before trial.
Pueblo County: F3 1st Degree Assault (mandatory 10 – 32-year DOC sentencing exposure) – Dismissed outright on basis of self-defense.
Huerfano County: DF1 Distribution of Controlled Substance and Special Offender charges (mandatory 12 – 32 DOC exposure). Case dismissed outright one week before trial.
Las Animas County: F2 Attempted Murder (mandatory 16 – 48-year DOC sentencing exposure) – Negotiated down to probation plea deal due to defense investigation.
Otero County: F1 Murder (mandatory Life Without Parole exposure) – Client’s charges reduced to 6-year DOC sentence.
Otero County: F5 Stalking (Domestic Violence Enhancer). Client involved in child custody dispute with ex-wife. Case dismissed outright based on insufficient evidence.
Otero County: Resisting Arrest charge – Case dismissed outright.
Pueblo County: Driving Under License Restraint – Case dismissed after assisting client to reinstate driver’s license.
Fremont County: F6 Probation Revocation – Revocation complaint was withdrawn, client’s probation terminated successfully.
Huerfano County: M3 Menacing – Dismissed two weeks before trial.
Huerfano County: F4 Assault on Peace Officer – Dismissed week before trial. Bodycam footage showed police officers to have misrepresented the facts. Case was dismissed the week before trial.
2021
Fremont County: Client charged with F2 Aiding Escape of Convicted Felon – charges reduced to fine-only petty offense.
Pueblo County: Sex Offender De-registration petition granted.
Pueblo County: Client charged with F4 Retaliation Against a Witness – case dismissed outright prior to trial due to defense investigation.
Pueblo County: Client charged with M1 Assault – Domestic Violence and Leaving the Scene of an Accident – charges dismissed outright before trial.
Pueblo County: Client charged with Harassment in Pueblo Municipal Court – Case dismissed on day of trial.
Pueblo County: F3 1st Deg. Assault (mandatory 10-32 years DOC) dismissed two weeks before trial.
02/2021: Client charged with multiple felony charges found Not Guilty by Reason of Insanity at trial.
2020 Cases:
Las Animas County: Reckless Manslaughter charges dismissed by Judge at Preliminary Hearing.
2019 Cases:
09/19 – Murder Indictment pending two years – dismissed due to insufficient evidence.
09/19 – Felony Theft case. Motion to Suppress granted due to cop’s illegal search of Defendant’s residence.
07/19: Client charged with Hindering Apprehension of a Fugitive. Prosecutor dismissed charges the week before trial.
05/19: Jury verdict – Not Guilty, Aggravated Sexual Assault of Child.
05/19: College student charged with Possession of Dangerous Drug, Charges Dismissed.
03/19: First Degree Murder – Found guilty of lesser offense of 2nd Degree Aggravated Assault.
01/19: Not Guilty verdict. Jury acquits Client of Felony Assault Family Violence – Strangulation.
2018 Cases:
12/18: Not Guilty verdict. Jury acquits Client of Felony Tampering With Physical Evidence.
11/18: Client charged with sexual assault. Extensive defense investigation into accuser’s background including cell phone records, social media, mental health, and CPS/criminal history. Investigation results shared in part with District Attorney. Charges dismissed by state one month before trial, and after client rejected a plea offer from District Attorney for ten years in prison.
10/18: Client charged with felony Possession of a Prohibited Weapon (firearm silencer) and Possession of a Controlled Substance (methamphetamine). Alleged contraband discovered during illegal search of client’s apartment while SWAT team serving an out of state arrest warrant. Motion to Suppress Evidence filed. Both charges dismissed on day of suppression hearing.
10/18: Client charged with Assault Family Violence. Client claimed self-defense. Defense investigation reveals alleged victim’s history of domestic violence. Investigation results turned over to prosecution. Case dismissed before jury selection.
09/18: Client charged with State Jail Felony Possession of a Controlled Substance. State dismissed charges one week before trial due to insufficient evidence.
08/18: Client charged with 1st Deg. Felony Aggravated Kidnapping. Case dismissed due to defense-conducted witness interviews establishing that alleged victim’s accusations were not credible.
08/18: Client charged with possessing 18 pounds of synthetic marijuana. Prosecutor’s offer was 20 years in prison. Defense Motion to Suppress granted due to illegal traffic stop and case dismissed.
05/18: Client charged with Unlawfully Carrying a Handgun, case dismissed on day of jury selection.
05/18: Drug interdiction traffic stop on Hwy 59. Client charged with 1st Degree Felony Possession of Controlled Substance With Intent to Deliver. State wanted 20 years in prison. Litigated motion to suppress based on cop’s unconstitutional traffic stop. Court agreed with the defense and all drug evidence found by cop ruled inadmissible.
04/18: Client charged with Felony-3 Forgery. Case dismissed for insufficient evidence after defense investigation turned over to prosecution.
03/18: Client charged with Misdemeanor Assault Family Violence. Client had strong self-defense case. State dismissed charges after jury selection.
03/18: Client charged with Felony Tampering With Evidence. State dismissed case after jury selection.
2017 Cases:
11/17: Client charged with Felony Child Endangerment based upon hair follicle tests of Client and his one year old child showing positive for Methamphetamine. After retaining a Forensic Toxicologist and conducting extensive investigation it was determined that Client and his child were both the unknowing victims of secondhand environmental exposure to methamphetamine when they visited the residence of a third party. Charges dismissed by State.
08/17:Client charged with 3rd Deg. Felony Possession of a Controlled Substance. All drug evidence suppressed by Court based on unconstitutional search of client’s vehicle by police. Case dismissed.
05/17: Client indicted for 2nd. Deg. Sexual Assault – Child. Client is a military veteran in training to become a police officer at the time of indictment. Client’s accuser has extensive history of mental illness. Successful litigation ensued to obtain access to accuser’s mental health records over the Prosecutor’s objection. Psychiatrist later retained to review the records and educate Jury/Prosecutor about why the mental illness was relevant to the credibility of the accuser. Prosecution dismissed charges prior to trial and client is eligible for an expunction of their arrest records.
05/17: Client indicted for 1st Deg. Arson and Felony Child Endangerment. Client accused of setting their own house on fire. Rather than request assistance from the State Fire Marshall’s Office, the investigating Sheriff’s office elected to conduct the arson investigation on their own. The Sheriff’s investigation failed to preserve essential forensic evidence and failed to comply with established forensic and scientific protocols. The defense hired an independent expert from the State’s Arson Science Advisory Workgroup to review the Sheriff’s Office investigation and issue a report. The report was ultimately disclosed to the District Attorney who dismissed all charges a few weeks before trial.
04/17: Client indicted for Felony Possession of Controlled Substance. Case dismissed after defense provided witness affidavits stating that drugs were planted in client’s vehicle, and client passed polygraph about lack of knowledge of drugs in the vehicle.
03/17: Client indicted for Aggravated Assault With A Deadly Weapon. Case dismissed based upon credible evidence of self defense being presented to prosecution.
03/17: Client with two previous felony convictions arrested for 1st Degree Engaging in Organized Criminal Activity. If convicted charges carried a sentencing range of 15 years to Life in TDCJ. Plea agreement negotiated whereby client pled guilty to Unlawful Possession of Firearm with 5 years TDCJ. *It’s not always realistic to “beat your case”. However, there is still the potential for a favorable outcome relative to your charges and background.
02/17: Client charged with Deadly Conduct. Case dismissed based upon credible evidence being presented to prosecutor that client was defending their mother from domestic abuse.
01/17: Client indicted for Felony Unauthorized Use of a Motor Vehicle. Case dismissed based upon insufficient evidence.
Recent Sexual Assault Cases:
05/17: Client indicted for 2nd. Deg. Sexual Assault – Child. Charges dismissed before trial based on defense investigation of accuser’s mental health history.
04/16: College student arrested for Sexual Assault. Defense evidence submitted to grand jury. Charges “No-billed” by grand jury. Record of arrest expunction eligible in 2019.
01/16: College student accused of Sexual Assault. Also “No-billed” by grand jury.
08/15: Client charged with two counts of Indecency with a Child and Bail Jumping. Investigation uncovered serious credibility issues with the allegations. Both sexual offense charges dismissed in exchange for client’s guilty plea to Bail Jumping with a sentence of time-served.
5/15: High School student accused of Aggravated Sexual Assault of a 12 year old child. Case was “no-billed” by grand jury (no charges filed) after client accepted invitation to testify in front of grand jury.
3/15: Client indicted for Aggravated Sexual Assault of a Child. After extensive pre-trial investigation Seth negotiated a plea bargain to probation for a non-sex offense charge with no jail/prison time. Client will not have to register as a sex offender.
9/14: Client arrested for Aggravated Sexual Assault due to allegations by client’s estranged wife. Charges rejected by District Attorney before Grand Jury Presentation after defense expert polygraph shows allegations untrue.
8/14: Client accused of Aggravated Sexual Assault. Case “no-billed” by Grand Jury after defense investigation reveals Facebook and text messages communications proving sex was consensual.
8/14: Seventeen-year-old client charged with two sex offenses. Negotiated Deferred Adjudication Probation to one non-sex offense thereby avoiding client having to register as a sex offender.
College Students:
03/17: College student charged with Assault of dating partner (Family Violence). Case dismissed due to client’s voluntary participation in counseling before trial.
01/17: College student charged with Possession of Marijuana. Client accepted into pre-trial diversion program that allows for expunction of criminal record upon completion of program conditions.
11/16: College student charged with DWI in outlying rural county. Client accepted into diversion program that allows her criminal record to be expunged upon succesful completion of program conditions.
06/16: College student charged with Possession of Cocaine and several Misdemeanors. Negotiated pre-trial diversion on all charges. Upon successful completion of 12 months probation client will be eligible to have his record expunged.
Other Recent Cases:
11/16: Client charged with Theft. Case dismissed by prosecutor on the morning of jury selection due to insufficient evidence.
10/16: Client charged with Assault-Bodily Injury. Case dismissed due to defense investigation and completion of marriage counseling.
10/16: Client charged with Unlawful Carrying Weapon (Handgun). Case dismissed due to insufficient evidence.
08/16: Client charged with Felony Cruelty to Animals. Case dismissed before trial after defense motion to suppress granted.
08/16: Client arrested for Felony-1st Manufacturing and Delivery of Controlled Substance (marijuana “cake”). Case no-billed by grand jury.
06/16: Client charged with Aggravated Robbery and Possession of Methamphetamine. Charges dismissed after defense investigation results turned over to District Attorney.
06/16: Client charged with Felony Possession of Controlled Substance. Motion to Suppress filed based upon unconstitutional search of client’s home. After hearing, court grants motion suppressing all evidence found. Case dismissed.
05/16: Client charged with Burglary of a Habitation with Prior Conviction. Original plea offer was 20 years TDCJ. Case ultimately settled the week before trial for 2 years TDCJ.
02/16: Capital Murder case on appeal. Won remand of the case back to the trial court for a new hearing on the voluntariness of defendant’s interrogation.
02/16: Misdemeanor A Possession of a Controlled Substance case dismissed by prosecutor following the filing of a suppression motion related to illegally obtained consent to search.
02/16: Client charged with Felony Child Neglect and Misdemeanor A Assault (Family Violence). Charges dismissed.
01/16: Client charged with two counts of Possession of Controlled Substance. State’s offer was 10 years prison. Following trial client acquitted on most serious count, convicted on lesser charge and sentenced to 20 months state jail.
10/15: Client charged with 6 First Degree Felonies (Burglary of a Habitation and five counts of Aggravated Kidnapping). Jury trial held on the issue of punishment where client faced a minimum possible sentence of probation and a maximum possible sentence of Life in prison. Jury sentenced client to probation.
7/15: Client charged with three counts of Burglary of a Building. All charges dismissed after the results of a defense-conducted investigation were turned over to the prosecution.
3/15: Client was represented at jury trial by a different attorney. Client was convicted of Unlawful Possession of a Firearm by Felon and sentenced to 6.5 years in prison. Seth represented Client on Appeal. Conviction was reversed on appeal and Client acquitted of the charge, Client released from prison a free man.
10/14: College student charged with Felony Possession of a Controlled Substance for Adderall. Client had no prior criminal history. Negotiated “Pre-Trial Diversion.” If Client successfully completes one year of probation, and passes drug tests, the charges will be dismissed and the criminal records may be expunged (completely destroyed).
5/15: Lawful Permanent Resident Client charged with misdemeanor Family Violence. A conviction would constitute grounds for possible deportation despite fact that Client has lived in the United States for most of their life. Case negotiated for pre-trial intervention. If client complies with 90 days probation case will be dismissed and Client will be entitled to expunge the record, thereby avoiding any immigration consequences.
6/15: Client charged with misdemeanor Interference With Emergency Call, charges dismissed prior to jury selection.
5/15: Felony conviction at jury trial reversed on appeal. During defendant’s original jury trial the Judge denied Seth’s request to submit a lesser misdemeanor offense for the jury to consider as an alternative to a felony conviction. After the jury found Defendant guilty of the felony he appealed. A separate attorney handled the appeal. On appeal, Defendant’s conviction was reversed and a new trial ordered due to the Judge’s failure to give the jury the option of a misdemeanor conviction.
3/15: College student charged with MIP several years ago. Despite successfully completing deferred disposition the arrest still appeared in client’s criminal history record. Seth filed a Petition for Expunction and obtained a court order to have the records destroyed. Client can now legally deny the offense/arrest ever happened and it no longer appears in Client’s official criminal
College Students: Seth has successfully represented numerous SFA and community college students. Common charges include alcohol, drug, theft, assault, or sexual offenses. Depending upon the allegations and the person’s background it is not uncommon to reach a negotiated resolution of these cases that results in dismissal of criminal charges and a complete expunction of the young person’s criminal history. Seth welcomes parent participation (with the client’s consent). He will explain what to expect each step of the way to help put the family more at ease. If you have new or pending criminal charges, a competent criminal defense attorney can discuss with you what options exist to resolve the case in a manner that guarantees that you do qualify for expunction or nondisclosure once the case is over (such as pre-trial diversion).
Drug charges: Seth has extensive experience with the litigation of search and seizure issues and has won suppression of drug evidence in numerous cases where the police violated a client’s constitutional rights. When the client was not discovered in direct physical possession of the drugs investigation and litigation of “affirmative links” law can provide the basis for a successful defense.
Our office frequently represents out of state residents stopped while driving through on Interstate 59. If a negotiated plea bargain is necessary we can arrange to have probation supervision transferred to your home state.
For clients with a substance abuse issue, our office can help arrange treatment or counseling for you appropriate to the level of need. Voluntarily taking advantage of such opportunities prior to a resolution of the charges is often beneficial to the ultimate outcome.
Sex Crimes: Seth has broad experience and training in all subject areas essential to a serious sex crime defense including DNA, SANE Examinations, Child Forensic Interviewing, Sex Offender Registration, Child Competency Litigation, Extraneous Offenses, Polygraphs, Consent, Mistake of Fact, Psychological Risk Assessments. He has the ability to enlist the support of expert witness to evaluate the prosecution evidence as well as testify.
Family Violence / Domestic Violence: Thorough investigation into the relationship history, the accuser’s motives and background, and conducting witness interviews are often essential for a successful defense to these cases. This critical information will not be found in the police report. When appropriate, taking advantage of marriage counseling, anger management therapy, and other mitigation opportunities before the criminal case is negotiated or tried will often lead to better results for the client.
Criminal Record Expunction and Sealing (Nondisclosure): You may qualify to have the records sealed from public access (Nondisclosure) or completely destroyed (Expunction). If you have new or pending criminal charges, a competent criminal defense attorney can discuss with you what options exist to resolve the case in a manner that guarantees that you do qualify for expunction or nondisclosure once the case is over. Once a criminal prosecution has concluded, even if many years have passed, you may be eligible for this relief as well. You must take affirmative action once a case is over to obtain the benefit of these laws, it is not automatic!