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Case Results

Dismissed or Not Guilty Verdicts by Timothy Michael Donahue

The following list of Harris County cases that were dismissed or not guilty verdicts by Timothy Michael Donahue - Attorney at Law PLLC.

  • 1872842 - "Continuous Violence Against the Family" was dismissed on 11 September 2024 for "Insufficient Evidence of Defendant's Guilt;"
    • Client was originally arrested when his wife called 911 and told the police that he had assaulted her repeatedly over the course of three months
    • Client bonded out of state custody and was taken to ICE custody in Conroe, TX where he remained for the entirety of the proceeding;
    • Complaining witness, who is a US citizen, subsequently admitted that she was drunk at the time of the 911 call and her interaction with law enforcement, and that none of the allegations were true. 
    • This client suffered "extreme cruelty" from a US citizen spouse and is eligible to seek benefits as a self-petitioning spouse pursuant to the Violence Against Women Act.

  • 1842875 - "Injury to a Child" was dismissed for "Missing Witness" on 10 September 2024 which was the date of jury selection
    • Client's husband alleged that Client struck their daughter causing her injury
    • Client's husband had a motive to lie in order to gain an advantage in a divorce proceedings
    • Client's ex-husband did not appear for the trial date and the case was dismissed.

  • 1870949 - "Unauthorized Use of Vehicle" Case Dismissed for "Insufficient Evidence of Defendant's Guilt" on 21 August 2024
    • SWAT Team officers entered this Defendant's house and business, respectively with search and arrest warrants on 5 June 2024
    • No evidence existed that this Defendant knew the vehicle was stolen.

  • 1865023 - "Stalking" Case Dismissed at Jury Selection setting on 26 June 2024
    • Defendant had an ICE hold and had to wait in Harris County Jail for 18 months
    • When the case was dismissed for "Insufficient Evidence of Defendant's Guilt," Client was released from custody without having to go to immigration.

  • 1794593 - "Aggravated Assault with a Deadly Weapon" was dismissed at the Jury Trial Conference on 27 July 2023 on the basis of "Insufficient Evidence of Defendant's Guilt"
    • Client was arrested in November 2022 after a dispute with neighbors.
    • Client bonded out of state custody and was taken to immigration custody where a bond was denied.
    • Client was returned to state custody in order to litigate the criminal proceeding.
    • On the basis of defense of his residence and self-defense, the charges were dismissed.

  • 1740062 - "Aggravated Assault with a Deadly Weapon" was dismissed at the Jury Trial setting on 9 November 2022 "At the Request of the Complaining Witness"
    •  Client was an 80 year old man who was threatened by the complaining witness who followed the Client to his car.
    • Client took actions to defend himself and his behavior was reasonable under the totality of the circumstances.

  • 1733979 - "Retaliation" was dismissed at the Pretrial Conference on 13 October 2022 on the basis of "Insufficient Evidence of Defendant's Guilt"

  • 1722591 - "Assault of a Family or Household Member with Previous Conviction" was dismissed at the Jury Trial setting on 19 September 2022 on the basis of "Insufficient Evidence of Defendant's Guilt"

  • 2353325 - "Driving While Intoxicated" was dismissed at the Jury Trial setting on 22 September 2021.

  • 1715551 - "Sexual Assault of a Child 14 - 17" was dismissed at the Jury Trial setting on 10 December 2021 on the grounds that "the case cannot be proven beyond a reasonable doubt" 
    • Client was arrested after his stepdaughter alleged sexual abuse.
    • Client had an ICE detainer and could not bond out of custody.  He remained in jail from June 2020 until the case was dismissed in December 2021.
    • When the charges were dismissed on the date of jury selection, Client was released from custody without having to go to immigration.

  • 2349616 - "Driving While Intoxicated" was dismissed at a preliminary hearing on the grounds that "the case cannot be proven beyond a reasonable doubt."
    • There was no evidence that Client was intoxicated while operating a motor vehicle.

  • 1711547 - "Endangering a Child" was dismissed at a preliminary hearing on 17 August 2021 on the grounds that "the case cannot be proven beyond a reasonable doubt."

  • 2338902 - "Assault of a Family Member" was dismissed at the Pretrial Conference setting on 9 June 2021 on the grounds that "the case cannot be proven beyond a reasonable doubt."

  • 2338903 - "Interference with Emergency Request for Assistance" was dismissed at the Pretrial Conference setting on 9 June 2021 on the grounds that "the case cannot be proven beyond a reasonable doubt."

  • 2329781 - "Assault of a Family Member" was dismissed at the Jury Trial setting on 10 May 2022 on the grounds that "the case cannot be proven beyond a reasonable doubt."

  • 1689685 - "Assault of a Family or Household Member with Previous Conviction" was dismissed at a preliminary hearing on 21 September 2021 "at the request of the Complaining Witness."

  • 2323358 - "Driving While Intoxicated" was dismissed at the Jury Trial setting on 3 November 2021 on the grounds that "the case cannot be proven beyond a reasonable doubt."

  • 1684121 - "Continuous Violence Against the Family" was dismissed at a preliminary hearing on 15 December 2021 "at the request of the Complaining Witness."

  • 1678637 - "Continuous Sexual Abuse of a Child" was dismissed at the Jury Trial setting on 10 December 2021 on the grounds that "the case cannot be proven beyond a reasonable doubt."
    • Pretrial offer was 25 years TDC.
    • Client declined the offer and insisted on a jury trial.

  • 1667739 - "Possession with Intent to Deliver or Manufacture Penalty Group 1 >=4 <200G" was dismissed at the Jury Trial Setting on 2 September 2021.
    • Client was merely present at the scene and did not commit the offense.
    • Client was dragged into the case in an effort to get one co-defendant to "flip" and help the state.
    • Client could not plead guilty because she had no immigration status.
    • Case was dismissed on the grounds that "the co-defendant pled" guilty.

  • 2290079 - "Unlawful Carrying a Weapon" was dismissed at a preliminary hearing on 29 October 2020 on the grounds of "In the Interest of Justice."
    • Client was in a vehicle that was stopped for an allegedly defective tail lamp.
    • The officer claimed to smell the odor of marijuana.
    • A pistol was discovered by the officer during the ensuing "probable cause" search of the vehicle.
    • The dash camera showed that the tail lamp was working properly, so there was no "reasonable suspicion" to stop the car in the first place.
    • On those grounds, the search was unreasonable and the case was dismissed.

  • 2289105 - "Assault of a Family Member" was dismissed at the second Jury Trial setting on 9 April 2021 on the grounds that "the case cannot be proven beyond a reasonable doubt."
    • Client was the landlord of a residence.
    • Complaining witness did not want to pay the rent, and crafted a false accusation that Client assaulted the Tenant/Complaining Witness.

  • 1644584 - "Assault of a Family or Household Member Impeding Breath or Circulation" was dismissed at the Pretrial Conference setting on 28 May 2021 on the grounds of a "Missing Witness."
    • Client is a service veteran.
    • No evidence existed that the complainant was assaulted.
    • Client was in the yard destroying his own property and that is not an offense.
    • Complainant was scared and called the police who took Client to jail.
    • Since complainant could not point to any evidence of injury, the charge was dismissed.

  • 1640675 - "Aggravated Assault with a Deadly Weapon" was dismissed at a preliminary setting on 15 July 2020 on the grounds that "the case cannot be proven beyond a reasonable doubt."

  • 2267546 - "Driving While Intoxicated" was dismissed at the Motions Docket on 18 March 2020 on the grounds that the "case cannot be proven beyond a reasonable doubt."

  • 2258071 - "Assault of a Family Member" was dismissed at the Motions Docket on 7 May 2021 on the grounds that the "case cannot be proven beyond a reasonable doubt."

  • 2256704 - "Assault of a Family Member" was dismissed at the second Jury Trial setting on 5 February 2021.
    • Client was arrested for defending herself when her husband tried to force himself on her.
    • Client was taken to ICE custody and bonded out of custody.
    • Client could not plead guilty because of the immigration consequences, so we set the case for a jury trial.
    • Since the criminal case was dismissed, the immigration removal proceeding that commenced because of the criminal arrest was dismissed without an order of removal.

  • 1620346 - "Assault of a Family or Household Member by Impeding Breath or Circulation" was dismissed at the Jury Trial setting on 4 May 2021 on the grounds that "the case cannot be proved beyond a reasonable doubt."

  • 1614762 - "Felon in Possession of a Weapon"
    • Motion to Suppress Evidence was denied. The 1st District Court of Appeals affirmed the trial court judgment, and the Court of Criminal Appeals reversed and remanded the case.  On remand, the 1st District Court of Appeals found that there was no "reasonable suspicion" of criminal activity that would have justified the investigative detention, and Client's sole point of error was sustained.  When the case was remanded to the trial court, the State dismissed the charge on 4 January 2024.
    • Client was detained by police at an apartment complex without reasonable suspicion.  Client tried to end the encounter with the police but the officers would not allow him to leave and began to search him.  They found a pistol in his underwear and charged him for being a felon in unlawful possession of a firearm.
    • State argued and the Trial Court found that the encounter with officers was a "consensual encounter," so the motion to suppress was denied.
    • On direct appeal, the 1st District Court of Appeals affirmed the trial court judgment.  Monjaras v. State, No. 01-19-00608-CR (Tex. App. – Houston [1st Dist.] 11 September 2019).
    • The Texas Court of Criminal Appeals reversed the decision of the 1st District Court of Appeals on the grounds that this Client's interaction with law enforcement officers was initially consensual but became an investigative detention.  Monjaras v. State, 664 S.W.3d 921, 924-932.  The CCA instructed the 1st District Court of Appeals to determine whether there was any reasonable suspicion to detain the Client and whether that detention was valid. Id
    • On remand, the 1st District Court of Appeals concluded that "Standing alone, neither the area's high-crime reputation, appellant's decision to look away and walk away as Officers Sallee and Starks passed him in their patrol car, nor appellant's purported 'nervousness' when the officers actually spoke to him, gives rise to reasonable suspicion to believe that appellant had engaged, or was about to engage, in criminal activity...Here, we cannot conclude that Officers Sallee and Starks at the time their interaction with appellant escalated to an investigative detention had reasonable suspicion, based on the totality of the circumstances, to believe that appellant had engaged, or was about to engage, in criminal activity. Thus, we hold that the trial court erred in denying appellant's motion to suppress evidence." Monjaras v. State, No. 01-19-00608-CR, (Tex. App. – Houston [1st Dist.] 17 August 2023).

  • 2211957 - "Driving While Intoxicated" was dismissed at the Motions Docket on 25 February 2019 on the grounds that "the case cannot be proven beyond a reasonable doubt."

  • 2211966 - "Driving While Intoxicated"  was dismissed at the Motions Docket on 29 January 2019 on the grounds that the State was missing the witness who could prove that Client operated the vehicle.
    • Client had an ICE detainer when this case began, and was taken to immigration custody when the state bond was posted.
    • I advocated for Client and was granted an immigration bond.
    • After the criminal case was dismissed, the immigration removal proceeding was dismissed on 16 November 2022.

  • 2045095 - Jury Verdict of Not Guilty on 30 August 2015 in 0.14 BAC Breath "Driving While Intoxicated" charge

  • XXXXXXX - Jury Verdict of Not Guilty on 18 September 2014 for "Aggravated Assault with a Deadly Weapon"

  • XXXXXXX - Jury Verdict of Not Guilty on 17 January 2019 for "Continuous Violence Against the Family"

  • 2125232 - Jury Verdict of Not Guilty on 18 April 2017 for "Assault of a Family Member"

  • 2170571 - "Driving While Intoxicated" was dismissed at the Jury Trial setting on the grounds that "the case cannot be proven beyond a reasonable doubt."

  • 1548143 - "Possession with Intent to Manufacture or Deliver Penalty Group 1 >= 400G" was dismissed on 19 January 2018 on the grounds that the "case cannot be proven beyond a reasonable doubt."

  • 2128900 - "Driving While Intoxicated" was dismissed on 14 March 2017 on the grounds that "the case cannot be proven beyond a reasonable doubt."

  • 2118287 - "Unlawful Carrying a Weapon" was dismissed on 7 December 2016 on the grounds that the search of the vehicle was unreasonable.

  • 1524920 - "Injury to a Child Causing Bodily Injury" was dismissed at a preliminary hearing on 8 November 2016 at the request of the complaining witness.

  • 1514199 - "Felon in Possession of a Weapon" was dismissed at a preliminary hearing on 12 May 2017 on the grounds of the search being unreasonable.

  • 1493600 - "Criminal Mischief >= $2500 < $30K" was dismissed on 27 April 2016 at the request of the complaining witness.

  • 1492178 - "Driving While Intoxicated with a Child Under 15 Years of Age" was dismissed at a preliminary hearing on 11 February 2016 on the grounds that "the case cannot be proved beyond a reasonable doubt."

  • 2056706 - "Assault of a Family Member" was dismissed at a preliminary hearing on 8 March 2016 on the grounds that "the case cannot be proven beyond a reasonable doubt."

  • 2052785 - "Assault of a Family Member was dismissed at the Jury Trial setting on the grounds that the complainant was not going to testify on behalf of the state.

  • 1483834 - "Possession of a Controlled Substance Penalty Group 1 < 1 gram" was dismissed when the report from the Institute of Forensic Sciences showed that there were no controlled substances found.

  • 1468497 - "Possession of a Controlled Substance, Penalty Group 1, 4G - 200G" was dismissed on the date of a scheduled suppression hearing, 7 March 2016, on the grounds that there was no probable cause for the search.

  • 2010302 - "Assault of a Family Member" was dismissed at the Jury Trial setting on 4 February 2016 on the grounds of "Insufficient Evidence."

  • 1455527 - "Possession of Controlled Substance, Penalty Group 1, <1 Gram," was dismissed at a preliminary hearing on the grounds that the Client was "excessively detained" and that "the case cannot be proven beyond a reasonable doubt."

  • 1446633 - "Possession of Controlled Substance, Penalty Group 2, 4G - 400G," was dismissed at a preliminary hearing on 19 December 2014 on the basis of no probable cause.

  • 1433831 - "Indecency with a Child" was dismissed on 19 February 2015 on the grounds that investigators determined the child lied about the allegations against the Client.

  • 1418386 - "Aggravated Assault by Causing Serious Bodily Injury" was dismissed on 22 July 2014 on the grounds that the Client was defending his home and his family.

  • 1418389 - "Aggravated Assault by Causing Serious Bodily Injury" was dismissed on 22 July 2014 on the grounds that the Client was defending his home and his family.

  • 1400284 - "Possession of Marijuana 50 - 2000 LBS" was dismissed on 20 August 2014, in anticipation of a jury trial that was scheduled 10 days later, on the grounds that the Client did not have intent to possess.

  • 1393451 - "Criminal Conspiracy to Commit Aggravated Robbery" was dismissed on 12 November 2014.
    • Three of four persons who were present at the scene were arrested.
    • The person who was not arrested was a confidential informant working on behalf of the government.
    • When the court granted the defense motion to reveal the identity of the confidential informant, the case was dismissed.

  • 1373278 - "Possession of Controlled Substance, Penalty Group 4, over 400 grams" was dismissed on 16 June 2014 when the laboratory report showed that there was no controlled substance.

  • 1338404 - "Aggravated Robbery with a Deadly Weapon" was dismissed at a preliminary hearing on 16 May 2012 on the grounds that "the case cannot be proved beyond a reasonable doubt."

  • 1078559 - "Theft >= $20,000 < $100,000" was dismissed on 5 November 2013 when the complainant realized he had accused the wrong person of theft.  The complainant then ignored the prosecutor's calls and I entered the case and secured a dismissal.

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