Celebrating 20 Years of Criminal Defense in Sherman, TX (Part Six)
So, in year 20, I will continue to do what I have always done and do my best to represent people accused of crimes in Grayson, Fannin and sometimes Cooke County. I had the opportunity to run for district attorney in one of our counties but could not bring myself to do so. I love helping people accused or investigated for crimes get to the best result possible, especially when that result is a changed life. Due to my family dynamics and education, I have more insight than most in my opinion to mental health and substance abuse issues, which is an overwhelming need in the criminal justice system. Even in a wrongful arrest case, I tell people to let the situation be a reason they change their life for the better. God never puts us through anything that isn’t designed to improve us instead of break us.
So, I will continue to stay here at 711 N. Travis in Sherman, Texas, where my friend Jack McGowen always officed and taught me so much. Joey Fritts, my friend and companion in criminal defense for many years, is no long with us along with others that I have learned a lot from along the way. Don Bailey is still in the barn down the street on Willow where I learned so much federal law, and John Hunter Smith is in the Castle on Washington Street where he taught me a ton, along with at the courthouse, and where I used to go see Christmas lights as a young kid. Sherman is home and will always be home for my practice.
Sherman & Plano, TX Criminal Defense Lawyer Blog


I also started doing Federal CJA appointments in 2006 and it took about five years to really begin to learn what I was doing in federal court, which is normal for most lawyers. The Sentence Guidelines are a penal-mathematical formula that every attorney must try to master and none completely do so due to the level of discretion, change and ambiguity involved. But, one learns early on that the name of the game more often than not in Federal court is cooperating with the federal government and your guidelines and treatment are usually better. There is even a third or half-off sentence reduction for substantially assisting the federal government in prosecuting other people. Especially in the Eastern District of Texas, things normally tend to get worse with a jury trial in Federal Court unless you have a really good case for a not guilty verdict. Some do, and we do see not guilty verdicts and dismissals.
It is always a challenge to get juries to understand what the problems were on a machine that the state put forth as scientifically qualified. The State of Texas was the last one to finally upgrade to the Intoxilyzer 9000, which still has some issues. But back then, most of the trials were chemical test refusals and we normally fought over how intoxicated a person looked on video. Now, the arresting officer almost always gets a search warrant if someone refuses to consent to a blood draw. The State tries to do all they can to make license suspension hearings and DWI trials more winnable for them, but there are still errors and ways to win. I won a blood test above .2 in Fannin County a couple years ago now.
I joined Texas Criminal Defense Lawyers association and attended every seminar I could, driving to Tyler, Corpus Christi, Huntsville for Criminal Trial College and even Laredo for a seminar. I eagerly wanted to learn how to protect my clients and learned the tools of the trade as fast as I could. This also helped me become board certified in the shortest time possible in 2010, with five years experience. I did a lot of administrative license review hearings for DWIs and it was easier to win them back then. There was a form on which I just had to request the arresting officer and breath tech supervisor, the latter who virtually never showed up for hearings because there is only one or two in the region and they handle the trials as well. I was proud to save a lot of drivers licenses. Texas eventually changed the law and we now have to subpoena the arresting officer and have to meet a virtually insurmountable burden to force the breath tech supervisor to appear beyond an affidavit. But, we have been winning close to half of the cases lately.
On November 5, 2025, I will have practiced law for twenty years. I started out in 2005 with a desk, phone and covering the hearings for a personal injury attorney in 2005 in Sherman, TX. The local judges had known me from interning for Sheriff Keith Gary, Judge Paul Brown, and District Attorney Joe Brown, so let me start with state jail felonies and third degree felony appointments rather than just misdemeanors. I mainly covered criminal and family law hearings for him while I built up my own practice through court appointments, referrals and advertising on the internet and otherwise. I even bought matches and coasters with my information and placed them at the local bars and bar/restaurant scene in Grayson and Cooke county. I sent direct mails to DWI arrests in Grayson and Fannin county, encouraging them to come in before their drivers license was automatically suspended if they didn’t request the ALR hearing within 15 days. The only case I know for sure to have come from one of the matchbooks was an important felony aggravated assault case in Cooke County that ended up being my first jury trial win in 2006. My client had chased his ex up and down highway 82 in Gainesville to retrieve his daughter from her vehicle, as it was his day for custody and she was playing games. She happened to be friends with the police officers, who arrested him for aggravated assault when he backed his car into hers in the median. We got a misdemeanor fine only and no jail time from a very fair jury.
My two oldest nephews and six of their friends came out and wanted to learn basketball, and drew me as their coach for better or worse. I felt bad when I was too hard on them at times (although I was too easy at others), but they all gave a ton of effort for three months and became one unit. Before our first game, only one had really experienced winning basketball to my knowledge, but by the end they had each taken part in a winning season and we had all advanced tremendously experience-wise. My defensive pride made me teach them man to man defense, which is particularly difficult at a young age due to its requirement of divided attention. In man to man, kids must master focusing on the ball and on their man, never losing sight of or position in relation to either. To see them play this defense very, very well for their age by the end of the year was a real blessing. Along with mastering other parts of the game, it showed how hard they worked and how serious they took basketball. I hope they continue to do so, as they have the foundation talent wise to be very special throughout their school years.
This year I had the privilege of coaching eight young men in 5th and 6th grade basketball. I thought that I would descend from the clouds and teach them everything there is to know about basketball, but I believe that I learned a whole lot more about coaching, teaching and humanity through this experience than I was probably able to give back. It was very special to see eight kids learn how to play as one unit, play for each other, and overcome adversity and the ups and downs of a serious basketball season, eventually firing on all cylinders together up and down the basketball floor. This was a special group of kids and part of a special class group at their small town school, and they will achieve big things in the future.
Last week I had the pleasure of defending one of the finest young men I have ever represented. He was falsely accused of a horrible act and we were fortunate to have a wise jury who listened very attentively to our evidence and came to the correct conclusion. I am very glad this young man will forever have this accusation removed from his name and it never be spoken of again except by those who unlawfully attempted to do him a grave harm. He was very brave in insisting on his day in court in face of a very long potential sentence if convicted. Much thanks to all who helped me brainstorm our case.
I have much to be thankful for this Thanksgiving in Sherman, Texas. I am most thankful that I have such a good family support network in all I do, and that my family understands what I do for a living. It is sacrifice to work all the time to be a better lawyer and do the best job possible in each case, but it puts strains and distance on your relationships. However, the relationships with those you work for and work with grow and improve and it makes a difference in the long run. I heard a lawyer the other day say how hard they work NOT to get close to their clients, and I believe this is the opposite of what it takes to win as a lawyer, especially with clients facing horrible accusations. If you truly care for your client, that caring can become contagious in the courtroom. Jurors and judges can tell when a lawyer believes in what he is talking about and when he is just going through the motions.
In the middle of this sea of injustice is the lonely, scared, powerless citizen branded “defendant” by the system. The citizen has been accused of a crime he hasn’t committed and knows nothing about crime or law or justice or defending himself. In our society, an accusation goes a long way. In people’s heart of hearts a person is guilty until proven innocent once a nasty (although false) allegation is made. Back that false accusation up with an officer with a badge and a gun, and we may have a conviction.