- We represent clients both in State and Federal Court
- Felony and Misdemeanor Matters
- DWI/DUI
- Drug Possession
- Minor in Possession
- Public Intoxication
- Assault
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 falsly accused of Capital Murder, DWI's, Possession of Drugs; and other ordinary criminal cases. His practice today continues to include people falsely accused, as well as defending people who admit that they are guilty of criminal conduct, where the only issue is the degree and severity of the punishment. Mr. Moore does not represent people chared with selling drugs, rape, burglary, or robbery.
Mr. Moore will not knowingly try any case on the issue of guilt or innocence when Mr. Moore believes that the client is actually guilty, and where the client just wants to try to "beat the charge." If the client is guilty and pleads guilty, Mr. Moore will, if a fair and just plea bargain cannot be effected, defend and try the case on the issue of punishment. His cases also include the defense of juviniles who are accused of criminal conduct; people who have been charged with the abuse of alcohol or possession of illegal drugs; revocation of Parole or Probation; and all such collateral legal problems in the area of Criminal Law.
Where the criminal charges grow out of alcohol or drug usage, representation is given only when the people acknowledge their chemical dependency and are willing to seek recovery from their disease. When the client seeks help through a Recovery Program, Mr. Moore has been able to negotiate successful plea bargains based on the client's commitment to seek recovery and by "plea bargaining" to the criminal charges. By providing a strategy for the client's long-term participation in a Recovery Program, in lieu of serving time in jail or the penitentiary, Mr. Moore has been able to "plea bargain" most cases for Deferred Adjudication; Probation, or Reduction of Charges; Dismissals; and sometimes obtaining a "No-Bill" from the Grand Jury.
We also have been able to achieve unusually good results in the practice of defending clients against Revocations of Probation or Parole; obtaining Reinstatements of Probation or Parole; and Sentencing on Guilty Pleas in both State and Federal Courts.
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 stategies" which are available under current Texas law. Such alterntive 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 ususally 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 for a sixty (60) month sentence under the Federal Guidelines, which was reduced on our Motion for Downward Adjustment to thirty (30) months.
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 prinicpals and similar evidence that was applied in the case of U.S. vs. McBroom, 124 F. 3d 533 (Third Cir. 1997).
State of Texas v. "John Doe," In the Galveston County District Court
In this case a young male defendant was charged with Indencency 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. Through the use of both expert and lay testimony, the Court Granted a Deferred Adjudication Probation under strict probationary standards for a period of ten (10) years. By providing proof and evidence of the reliability of the Defendant's future behavior as evidenced by his voluntary acceptance of his disease as an alcoholic, expert psychological testimony and the Defendant's commitment to work a strict recovery program, a good result was achieved that gave the Defendant a chance to prove himself worthy of the mercy shown by the Court.