[Names changed to protect the privacy of my client and his family]
When Scotty’s family hired Dallas defense attorney Walker Fults, a good outcome seemed improbable. Scotty was in jail on charges of Compelling Prostitution Under 18, a first degree felony punishable by 5-99 years or 5-life, even for a first time offense. However, this was not Scott’s first offense. In addition to his new case, Scotty was on parole for murder, a charge for which he had caught a lengthy sentence decades previous. Because of his previous conviction, the minimum sentence allowed would have been 15 years. Since getting out, Scotty had been a model parolee . . . except for the new first degree felony. As one prosecutor said at the start of the case, “we care about two things in this building: dead bodies and kids. Your client has both. Good luck!”
Getting Into the Details of the Case Evidence
A charge like Compelling Prostitution Under 18 is a sensitive charge because of the strong emotions it evokes on the part of normal people, potential juries, prosecutors, and judges alike. However, the case turned out to be more nuanced than a charge of child prostitution would initially suggest. In reviewing the evidence, Dallas criminal attorney Walker Fults uncovered important details that contextualized the case. The complaining witness had been 17 and a half at the time of the offense, and never told police that Scotty hurt her. She had been kicked out of the home for fighting her family, and decided that she needed protection on the streets to avoid being assaulted by bums.
While being investigated by police, the girl said some qualifying statements such as “that man didn’t do nothing but try to help me,” indicated that her actions were not caused or coerced by him, signed an affidavit of non-prosecution, and consistently told all parties that she would never testify against Scotty, no matter what. With very little evidence beyond the girl’s initial statements, the State was left in a position relying on her testimony in order to make its case.
The Bargaining Process
Most criminal cases are resolved with a plea deal in which the defendant pleas to some offense in order to avoid the worst possibilities of a criminal charge: prison or jail time, and a conviction on the offense. Seeing the case was relatively weak, the State initially offered a low number of years in prison, or a lengthy period of probation. The trouble was Scotty’s murder parole. A new offense would carry a high chance of parole revocation, meaning he would go back to prison on the old charge from decades previous. Worst case scenario, he could even get new time added on top of the old time, colloquially called getting time “stacked.” Scotty couldn’t take a deal. He needed to win outright. That’s why he hired Walker Fults.
Knowing that Scotty couldn’t plea to anything, Walker Fults filed a speedy trial demand and set the case for trial at the earliest opportunity. The State knew that its case was shaky, but it didn’t want to let go of a first degree felony easily. The prosecutor assigned on the case felt that Scotty should be punished, even if she couldn’t prove the case against him. Little by little, the offers on the case started to come down and down, to under the minimum possible punishment for the offense charged. The prosecutor was willing to write down the offense if Scotty agreed to waive his trial rights. Each offer was better than the one before as the time for trial came closer.
Closing the Deal: Sanding Firm
The week before trial, the State offered a state jail felony with backtime credit that had all elapsed, a truly sweetheart deal for any first degree felony case. The offer was only so good because the State’s evidence was weak and there was little chance that the key witness would appear at trial to help testify for the State. On the other hand, Scotty faced a minimum of fifteen years in prison if he were convicted at trial, lifetime sex offender registration, and the likelihood of parole revocation on top of his new prison time.
Knowing the risks, Scotty’s family was very tempted to take the deal at the last minute. The very day before trial, Walker Fults went to court to present final pre-trial motions to the court in order to allow the trial to be assured to go forward without further delay. Seeing that Walker Fults wouldn’t blink, the State finally dismissed the felony case, and even gave the lower misdemeanor prosecutor permission to dump the misdemeanor case as well.
A skilled and experienced criminal defense attorney must understand the risks of going to trial in comparison to the attractiveness of a potential plea deal. Although most criminal cases settle, pushing an advantage can lead to fantastic results, like what happened in Scotty’s case. Getting a first degree felony dismissed is a rare outcome, and one that the State does not agree to lightly. Only by standing firm the day before trial, knowing all the risks of all options, could the very best result be secured in Scotty’s case.
Best Case Scenario for Parole
With the threat of parole revocation looming over the case since its filing, the stakes were high. Scotty had been a model parolee since being released from prison—except for being charged with the new first degree felony. Now that the new case was dismissed, the reason to revoke his parole was gone.
Whenever someone on parole catches a new case, parole waits to see what happens with the new case to make a parole decision. If the person pleads guilty to the offense, it’s a much different story than if the case is dismissed, for whatever reason. With the new case gone, Scotty got the best case scenario for parole as well as for the new case.
Every Case is Decided on the Evidence
Of course, not every case is dismissed. In some cases, the State’s evidence is much stronger than in Scotty’s case. It is precisely because every case is different that hiring the best possible criminal defense attorney is of critical importance. Unexperienced and unskilled attorneys start to think lazily and group all similar cases together. Only by researching each individual case’s evidence, the law, and the strategic possibilities of a plea deal vs. trial can the best outcome be reached. Some cases are good for the maximum punishment, whereas others never should have been filed in the first place. Walker Fults is the criminal defense attorney who is able to objectively assess each case, present all options to his client, and advocate for the best result, whatever the evidence may be.
Call Walker Fults for a Free Consultation Today
Walker Fults has experience representing clients charged with the most serious offenses. No case is too complex or too weighty. Call 214-838-0557 today to schedule a free consultation with Dallas area criminal defense attorney Walker Fults.
