Criminal Law

Mr. Moore presently represents clients only in State courts involving:

• Some felonies and misdemeanors
• DWI/DUI
• Drug possession
• Minor in Possession
• Public Intoxication
• Assault
• Expungement (click here for articles)
• Orders for Non-Disclosure (click here for articles)
• Motions to Revoke Probation
• Traffic Violations

Mr. Moore's criminal practice has been in both State and Federal courts since the beginning of his practice. His practice has included defending people falsely accused of capital murder, DWI/DUI, drug possession and other ordinary criminal cases. His practice today continues to include defending people falsely accused as well as defending people who admit they are guilty of criminal conduct and the only issue is the degree and severity of the punishment.

Mr. Moore does not represent people charged with selling or delivering drugs, rape (except statutory rape), burglary, or robbery.

Mr. Moore will not knowingly try any case on the issue of guilt or innocence when he believes the client is actually guilty and wants to try to "beat the charge."

If the client is guilty and pleads guilty and a fair and just plea bargain cannot be obtained, Mr. Moore will defend the case on the issue of punishment.

Mr. Moore's cases also include the defense of juveniles accused of criminal conduct; people who have been charged with the abuse of alcohol or possession of illegal drugs, revocation of probation or parole, and all such collateral legal problems in the area of criminal law.

Where criminal charges result from alcohol or drug abuse, representation is given only when the person acknowledges his/her chemical dependency, truly desires to recover from the disease, and is willing to seek treatment. In cases where the client has sought help through a recovery program, Mr. Moore has been able to negotiate successful plea bargains based on that commitment. By providing a strategy for the client's long-term participation in a recovery program, Mr. Moore has been able to plea bargain most cases for deferred adjudication, probation, reduction of charges or dismissal in lieu of jail or prison time. Mr. Moore is committed to helping people to overcome their addictions and does not believe in giving up on people. (See Article - Addiction and Alcoholism-Sierpina/Massey)

In many cases, Mr. Moore has been extremely successful in obtaining a "No-Bill" from the Grand Jury by presenting the client to the Grand Jury along with witnesses, when available. This strategy can only be effected when Mr. Moore has been hired immediately following an arrest and after having a sufficient period of time to give notice to the District Attorney's office.

We also have been able to achieve unusually good results in the practice of defending clients against revocations of probation or parole and have obtained reinstatements of probation or parole. We have also achieved good results for clients regarding sentencing on guilty pleas in both State and Federal Courts.

Mr. Moore has been able in many cases to have a client either sentenced in felony cases according to misdemeanor punishments that are carried out in jail; and to have felonies reduced to misdemeanors with appropriate misdemeanor jail sentences.

Even in instances where probation or parole cannot be obtained or reinstated, Mr. Moore has developed alternative strategies to sentences other than straight incarceration by applying his knowledge of existing alternative "treatment strategies" available under current Texas law. Such alternative forms of punishment include the SAFP Program and punishments in modified therapeutic communities where the emphasis is on discipline and developing recovery skills rather than receiving straight jail time or prison time. These sentences are usually available for repeat drug offenders or alcoholics who, when given an opportunity other than straight incarceration, have a better chance of not being a repeat offender when their sentences are completed. This becomes a "win-win" result for the client as well as our society.

Representative Cases:

United States v. Joe Doe, In the United States District of Texas, Galveston Division
In this 1998 case, Mr. Moore applied the factor of "diminished mental capacity" for a downward adjustment of a 60-month sentence under the Federal Guidelines, which was reduced to 30 months on our Motion for Downward Adjustment.

This is the first known instance where diminished mental capacity has been used in a case involving alcohol and drug addiction as a causal factor in obtaining a downward adjustment by applying the principles and similar evidence applied in the case of U.S. vs. McBroom, 124 F. 3d 533 (3rd Cir. 1997).

State of Texas v. John Doe, In the Galveston County District Court
In this case, a young male defendant was charged with Indecency with a Child. The defendant did not have any prior criminal convictions, but admittedly was an alcoholic trying to maintain recovery through a 12-step program. Because of a prior violation of the 16 year-old woman by another party, it was prosecuted as an aggravated case by the State. The prosecutor would not agree to an offer of probation, but attempted to have the defendant sent to the penitentiary for 15 years.

After entering a guilty plea, the case was tried only on the issue of punishment. Because of the use of both expert and lay testimony, the Court granted Deferred Adjudication/Probation under strict probationary standards for a period of ten (10) years. Mr. Moore provided proof of the reliability of the defendant's future behavior by expert psychological testimony, along with the defendant's voluntary acceptance of his disease as an alcoholic and his commitment to work a strict recovery program. As a result, the defendant was given a chance to prove himself worthy of the mercy shown by the Court.