Efrain Sain's Law Office: Notable Case Victories

The outcome of the cases mentioned on this website is not indicative of the results of the outcome of your individual case. Each case has its own evidence and circumstances particular to that case. The Law Office Of Efrain Sain, PLLC, and/or the individual attorney makes no promises, assurances, or guarantees, expressed or implied, that the same results will occur in your case if the law firm is retained. This is presented to provide you with information about our successful defense of cases in the past.

This is a very small sample of the cases I have been fortunate to fight for my clients.

DWI, .14 Breath Test: Jury Trial, Not Guilty

Client was lost and going the wrong way on the street when police first saw him. He parked on the shoulder, running up onto the curb.
We were able to show the jury that he had had very little sleep in the past 24 hours from working at the airport as a baggage handler. We also argued there could have been some communication problems, as he was from Africa.
We used a forensic toxicologist who explained how the breath test results could be wrong.
My client was relieved at the not guilty verdict, as he was almost finishing the process to gain citizenship.

Sex Abuse of Child, 3 Cases: Jury Trial, Not Guilty 3x

A preacher from Togo, Africa, who married an American and had separated from her, was charged with sexually assaulting his 11-year-old stepdaughter on different occasions.

We were able to show the jury that the child's outcry came the same day that the mother had discovered that he had another woman at his new place. The mother had gone into his apartment and vandalized his place, including pouring bleach on his church clothes right before the child's outcry.

Prosecutor's offer was 40 years.

My client had a French translator. I discovered "not guilty" sounds just as sweet in French as in English.

(I initially was not going to represent him because he was already in jail and simply could not afford my services. I received a check from his congregation in Togo that was still woefully short of my fee for such a big case(s). I then Googled the avg. yearly salary in Togo and realized the church had sent me almost 3x this sum. I took the case and never looked back.)

Resisting Arrest and Evading Arrest: Jury Trial, Not Guilty

Client was attacked by a group of youths who left him and carjacked his truck near the Fair Park area.
Homeowner saw the commotion and called the police.
Client, who had just been beaten, ran from the bright light of the police spotlight. Frightened and unable to understand English well, he fought the police, still blinded by the light.
Handcuffed in the patrol car, client tried to bring attention to the fact he had just been attacked. He kept saying, with his limited English, to the arresting officer, "See my face, see my face." A powerful metaphor, indeed, that applies to many of the unfortunate who are wrongfully arrested.

DWI, Refusal: Jury Trial, Not Guilty

Client was driving erratically after having dinner with her husband at a restaurant.
Client was very fearful in the intox room at the police station, demanding a female officer. At one point, she was almost screaming. Officers refused to get a female and instead wrote and testified that her behavior was indicative of someone who was intoxicated.
Husband testified at trial that her previous husband had physically abused her regularly, and she had PTSD symptoms from such abuse.
A quick not-guilty verdict, thankfully.

Sex Abuse of Child: Hung Jury, Mistrial

IT professional charged by 2 teenage daughters of former girlfriend with sexual assault that allegedly occurred when they were 10 and 12.
Jury initially was 5 for acquittal but ended with 3 for acquittal, 1 on the fence, and 8 guilty.
Prosecutor's offer was 30 years.
My client was able to walk out of that courtroom, which gave him a chance, on the next go-round, to get a misdemeanor that was negotiated by his court-appointed attorney.

Intoxication Assault, .11 blood: Deferred Probation

Young Chin man runs red light as he is rushing away from just hitting another car a block earlier. He hits another car that hits another car. One man in one of the cars is initially paralyzed from the waist down. A woman in the other car has to have serious surgery. There is actually a police car at the intersection that films my client running the red light.
The paralyzed man miraculously regains all feeling. My client is finally released from jail on bond with a bracelet that reads his alcohol levels. For almost a year, he goes with no readings of alcohol. (The bracelet cannot be taken off by him). I arrange for him to do counseling with a translator.
The prosecutor offers only prison time. We set the case for trial early on. We discover there are no licensed Chin translators in the whole country. The court gets someone who can translate, but I have a hearing to show how unqualified he is. The judge does not want to worry about an appeal because client did not get to effectively confront his accuser. With approval from victims, client gets deferred probation.
The Chin people are political refugees from Burma. Many live here in this area. They are also religious refugees who could not practice their Christian faith in Burma. I have been fortunate to represent these kind people in the courts. I know that my client, even while he was in jail, and his church prayed for the victims in this case.

DWI Refusal: Not Guilty, Jury Trial

Painter gets pulled over for a traffic violation and gets arrested for DWI.
Client, because he is very bowlegged, appears a little strange on some of the sobriety tests. However, upon close inspection, he does the tests well.
We show the jury that he had worked all day, climbing up and down a ladder, and taking into consideration the lack of sleep, the physical demands from his job, and the difficulties from his bowleggedness, he did quite well on the tests.
His wife testifies that he can barely read, which gives the jury a reason other than intoxication for his reading problems.
Despite his lack of education, he is smart enough to tell the officer that, as a painter who breathes in fumes from chemicals all day long, he mistrusts the machine and refuses to give a breath sample.

Sexual Assault of a Child: Case Reduced to Injury to a Child and Client Gets Deferred Probation

15-year-old girl confides in a friend at school that she is pregnant from her 22-year-old boyfriend. The school finds out and calls the police.
Client is arrested for sexual assault of the child. He gets out on bond and continues to help with the medical bills. Both families of the victim and defendant are from the same Central American country. The defendant and victim want to be married. The parents in both families also want them to be married and raise this child together.
Prosecutor finally agrees that lifetime registration as a sex offender, which is automatic with the original charge, is not appropriate in this case.

Possession of Dangerous Drug: Case Dismissed After Winning Speedy Trial Hearing

Client gets arrested for DWI and Possession of Dangerous Drug (he had ONE Viagra pill in his pocket without a prescription).
DWI case gets filed, and we continue to pass case for over a year, waiting for the drug case to be filed. We get pressure from the court to dispose of DWI, so we plead it.
One month later, the drug case is filed.
Judge agrees that my client is prejudiced by the delay and grants the motion.

DWI .17: Case Dismissed After Winning Motion To Suppress

Police stop client because police see a beer bottle sitting on the back bumper of his van as client is driving.
We argue that absent more evidence, the bottle does not give the police reasonable suspicion to stop.
Judge agrees. 65-year-old Mexican client is very relieved.

Child Sex Abuse, Juvenile: Case Dismissed

12-year-old client was charged with fondling 4-year-old cousin.
I had him take a polygraph test with one of the best examiners in the area. We showed the prosecutor the results, and she dismissed the case.
When she dismissed the case, the prosecutor told me that they had asked for a polygraph early in the investigation, but I had never brought him in. I didn't tell her that I did not trust their examiner to be fair from previous experience. A polygraph result that showed my client lied due to the aggressive tactics of the State's person could have doomed my client.

Burglary of Vehicles (2x), Possession of Controlled Substance, Possession of Dangerous Drug: Drug Cases Dismissed After Client Does Rehab and Completes Program

17-year-old client was caught in the act of breaking into cars with 2 other youths. He also had Xanax bars, Ecstasy, and cocaine on him. He was so high when the police found him, he didn't know where his own car was.
We, meaning his family and I, got him into a very good rehab program. Luckily, he realized he had hit bottom and really worked his rehab program.
He successfully completed a program that allowed him to get his drug charges dismissed. We were able to clean his record of the above charges. At the time of this writing, 6 years from his arrest, he has gone to college and has a good job.

Murder: Reduced to Manslaughter, 2 Years, Time Served

Client got into a fight with another man and cut the deceased man's thigh with a knife. In less than a minute, the man lost too much blood and died.
We argued self-defense. In addition, both parties were intoxicated. I suspect that the fact the deceased man had no family in this country to advocate for him also helped my client.