Serious Cases Need Serious Lawyers

Criminal Defense

The criminal defense attorneys of The Gertz Kelley Law Firm represent citizens accused of crimes in both Texas and federal courts. Our Beaumont criminal defense lawyers litigate at all levels of the trial and appellate process and our representation includes both individuals and corporations under criminal investigation or prosecution.

Board Certified | Texas Board of Legal Specialization | Criminal Law

Ryan Gertz, who heads our criminal division, is board-certified in criminal law by the Texas Board of Legal Specialization and has handled hundreds of criminal cases and tried numerous cases to the jury (see examples of recent success below). Just as importantly, our firm often succeeds by resolving matters without publicity and without charges being filed. Whatever is needed, we are committed to providing the best possible solutions to our client’s problems.
If you have been accused of a crime, the best course of action is to retain a lawyer as soon as possible while not discussing the matter with friends, family or the police. Contact the Beaumont criminal defense lawyers of The Gertz Kelley Law Firm today.
RECENT SUCCESSES*

 

2022:

  • State v. Evans­ – 88th District Court –Judge Michael Mayes (visiting Judge) – Continuous Sexual Abuse of a Child – Not Guilty from the jury.
  • State v. Evans­ – 88th District Court –Judge Michael Mayes (visiting Judge) – Continuous Sexual Abuse of a Child & five counts of Indecency with a Child – Not Guilty from the jury on all Counts.
  • State v. Frey (2nd trial) – 252nd District Court –Judge Raquel West – Aggravated Sexual Assault of a Child – Hung Jury. 9 for Not Guilty.
  • State v. Daws – 252nd/Drug Court – Judge Buddie Hahn – Criminal Solicitation – Dismissed by state with prejudice after suppression of evidence and jury seated and sworn.
  • State v. Lanclos­ – 356th District Court – Aggravated Assault on a Public Servant – Judge Steve Thomas – not guilty verdict from jury.
  • State v. Frey – 252nd District Court –Judge Raquel West – Continuous Sexual Abuse of a Child – Hung Jury. 10 for Not Guilty.

 2021:

  • State v. Faulk – 128th District Court – Intoxication Manslaughter – Judge Courtney Arkeen – Guilty verdict to manslaughter from the jury, five years probation.
  • State v. McClelland ­– Newton County District Court 1 – Judge Craig Mixon – aggravated sexual assault of a child (super ag) – not guilty from the jury.
  • State v. Cano – Jefferson County Criminal District Court – Judge John Stevens – aggravated sexual assault of a child – not guilty from the jury.
  • State v. Shaw – County Court #3 in Jefferson County – Judge Clint Woods –Text Message Harassment – not guilty from the judge via directed verdict after State rested before the jury.

 2020:

  • U.S. v. Landor ­– United States District Court – Assault Bodily Injury – Judge Michael Truncale – not guilty verdict from the jury.
  • State v. Bean  – Jefferson County Criminal District Court – Judge John Stevens – Intoxication Manslaughter – not guilty from the Jury.

2019:

  • State v. Herrera – Jefferson County Court at Law #2 – Judge Terrance Holmes – DWI Class A > .15 – not guilty from the Jury.
  • State v. Burrell – 252nd District Court –Judge Raquel West – Murder – ten years from the jury.
  • State v. Williams – 252nd District Court –Judge Raquel West – Murder – twenty years from the jury.
  • State v. Merriwether – County Court #3 in Jefferson County – Judge Clint Woods – DWI Class A >.15 – not guilty from the jury.
  • State v. Busby, Jr. – Jefferson County Criminal District Court – Judge John Stevens – Aggravated Assault (w/firearm and SBI) – guilty from jury (shot a bystander) – probation from the jury; deferred probation agreement on second Aggravated Assault charge.
  • State v. Trawhon – Orange County Court at Law #2 – DWI – Judge Troy Johnson – not guilty verdict from jury.
  • State v. Coleman – 252nd District Court – Capital Murder – Judge Raquel West – not guilty from the jury.
  • State v. Williams – 252nd District Court –Judge Raquel West – Murder – mistrial (hung jury).
  • State v. Carpenter – 163rd District Court, Orange County – Judge Dennis Powell – Indecency with a Child – guilty verdict from the jury – probation from the jury.

2018: 

  • State v. Taylor, Jefferson County Criminal District Court – Judge John Stevens – Murder – not guilty to Count 1; guilty to Count 2; four years from Judge.
  • State v. Philpott, Orange County Court at Law #2 – DWI >.15 – Judge Troy Johnson – not guilty verdict from the jury on DWI-A and DWI.
  • State v. LeDoux, Hardin County Court – DWI – Judge Wayne McDaniel – not guilty.
  • State v. Carney, 252nd District Court – Intoxication Manslaughter and Manslaughter – Judge Raquel West – mistrial; reduced to negligent homicide, five years deferred adjudication probation plea.
  • State v. Tinoco, Orange County Court at Law #1 – Judge Mandy White-Rogers – DWI – not guilty from the jury.
  • State v. McCloney, Jefferson County Drug Court – Judge Larry Gist – Intoxication Manslaughter and Intoxication Assault – Pleas of Guilty, jury punishment: Eight years TDC on IM and 10 years probation on IA, no deadly weapon finding; (offer was 18 years and 10 years with a deadly weapon).

2017: 

  • State v. Cotton, 252nd District Court – Capital Murder and Aggravated Robbery – Judge Raquel West – not guilty from the jury.
  • State v. Michael, 252nd District Court – Capital Murder – Judge Raquel West – not guilty from the jury.
2016 (7-5-2) 
Jury Trials:
  • State v. Havard, 1A District Court – Murder – Judge Delinda Gibbs-Walker – guilty verdict from jury; 8 years from the jury.
  • State v. Law, Criminal District Court, Jefferson County – Judge John Stevens– 3rd Degree Felony Assault. Not guilty verdict from the jury after less than one hour of deliberation. 
  • State v. DGE, Jefferson County Court at Law No. 3 – Judge Clint Woods – DWI (2nd, Class A misdemeanor). Not guilty verdict from the jury.
  • State v. Lee, 163rd District Court, Orange County – Judge Dennis Powell – Felony Aggravated Assault by corrections officer. Not guilty verdict from jury on felony assault. Guilty on Class A misdemeanor assault, but sentenced only to 30 days jail, no fine.
  • State v. VEL, Criminal District Court, Jefferson County – Judge John Stevens – 2nd and 3rd Degree Felonies, tried together. Ryan Gertz and co-counsel David Bernsen. Not guilty verdict from the jury. 
  • State v. Bush, Jefferson County Drug Impact Court – Judge Larry Gist- Attempted Capital Murder. Resulted in a hung jury.
  • State v. Jobe, Jefferson County Court at Law No. 2 – Judge Cory Crenshaw – DWI (2nd, Class A misdemeanor). Not guilty verdict from the jury. 

Significant Dismissal:

  • State v. Frazier, 252nd District Court – Capital Murder – Judge Lindsey Scott – DISMISSED two weeks prior to trial. Cell phone evidence used to demonstrate client was elsewhere when the murder happened.
2015 –
  • State v. Culver, Jefferson County Court at Law No. 2 – Judge Cory Crenshaw – DWI (Class B misdemeanor). Not guilty verdict from the jury.
  • State v. Zamarron, Jefferson County Court at Law No. 2 – Judge Cory Crenshaw – DWI (2nd, Class A misdemeanor). Directed Verdict of acquittal during the jury trial, after the court granted our motion to suppress based on unnecessarily long detention.
  • State v. D.H.C., Jefferson County Court at Law No. 2 – Judge Cory Crenshaw – DWI (Class B misdemeanor). Not guilty verdict from the jury.
  • State v. Phillips, Jefferson County Court at Law No. 2 – Judge Cory Crenshaw – DWI (2nd, Class A misdemeanor). Not guilty verdict from the jury after less than 15 minutes of deliberation.
  • State v. Griffin, Jefferson County Court at Law No. 2 – Judge Cory Crenshaw – DWI (2nd, Class A misdemeanor). Not guilty verdict from the jury after only 20 minutes of deliberation.
  • State v. Jennings, Orange County Court at Law No. 2 – Judge Troy Johnson- Assault (Class A misdemeanor). Not guilty verdict from the jury.
  • State v. D.R.W., Hardin County Court- Judge Wayne McDaniel- DWI (2nd Class A misdemeanor). Client was accused of being intoxicated on prescription medication. The blood test revealed three medications in the normal or sub-therapeutic ranges, for which the client had a prescription. The client had a prior DWI from more than 20 years ago. Not Guilty Verdict from the Jury.
  • State v. Smith, Criminal District Court, Jefferson County – Judge John Stevens– 1st Degree Murder (1st Degree Felony). Ryan Gertz sat second-chair to legendary trial lawyer Lum Hawthorn: not guilty verdict from the jury.
2014 –
  • State v. Killian, Jefferson County Court at Law #2 – Judge Lupe Flores – Assault (Class A misdemeanor): not guilty verdict from the jury.
  • State v. Eckhoff, Jefferson County Court at Law #3 – Judge Langston Adams – Criminal Trespass (Class B misdemeanor): not guilty verdict from the jury.
  • State v. King, Jefferson County Court at Law #2 – Judge Lupe Flores – DWI (1st – Class B misdemeanor): not guilty verdict from the jury.
  • State v. Arceneaux, 252nd District Court, Jefferson County – Judge Lindsey Scott – Intoxication manslaughter (2nd Degree Felony): not guilty verdict from the jury. 
  • State v. Copenhaver, Jefferson County Court at Law #3 – Judge Langston Adams – DWI (1st – Class B misdemeanor): not guilty verdict from the jury.
  • State v. RLT, Jefferson County Court at Law #3 – Judge Langston Adams – electronic communications harassment (Class B misdemeanor) – Ryan sat second chair to legendary trial lawyer Lum Hawthorn: not guilty verdict from the jury.
2013 –
  • State v. Wilson, Tyler County 88th District Court – Judge Earl Stover – Insurance Fraud State Jail Felony: not guilty jury verdict from the jury.
  • State v. Moore, Criminal District Court, Jefferson County – Judge John Stevens – Aggravated Assault on a Peace Officer – Moore pled guilty and tried the punishment phase before a jury. Moore was facing 5-99 years or life; the jury gave Moore 9 years in TDC.
  • State v. Savoy, Jefferson County Court at Law #3 – Judge John Paul Davis – Criminal Mischief: acquitted by jury.
  • State v. Barefield, Tyler County Court – Judge Jacques Blanchette – DWI 1st: acquitted by jury.
2012 –
  • State v. Nguyen, Jefferson County Court at Law #2 – Judge Lupe Flores – DWI 1st: acquitted by jury.
  • State v. Thibideaux, Jefferson County Court at Law #3 – Judge John Paul Davis – Theft Class A: acquitted by jury.
  • State v. Jenkins, Tyler County Court – Judge Jacques Blanchette – Deadly Conduct: acquitted by jury.
  • State v. Hoffpauir, 1st District Court in Sabine County – Judge Craig Mixson – Felony Theft of Copper: Acquitted by the Jury.
  • State v. Hughes, County Court #3 in Jefferson County – Judge John Paul Davis – Unlawfully Carrying a Weapon while Intoxicated by a Concealed Handgun Permit Holder: Verdict of Acquittal by the Jury.
2011 –
  • State v. Nicholes, Jr., Criminal District Court, Jefferson County – Judge John Stevens – Burglary of a Habitation with a Habitual Felon Indictment; Verdict of Acquittal by the Jury.
  • State v. Pouncey, Jefferson County Court at Law #2 – Judge G.R. “Lupe” Flores; Driving While Intoxicated; Verdict of Acquittal by the Jury. Served as 2nd Chair with Judge Zack Hawthorn.
  • State v. James, Jefferson County Court at Law #3 – Judge John Paul Davis; Criminal Trespassing and reckless driving; Directed verdict of acquittal after State’s case to jury.
  • State v. Dana, Tyler County 1-A District Court – 11,414 – Judge Jerome Owens; Aggravated Assault with a deadly weapon. Defendant pled not guilty by reason of insanity. Defense put on multiple lay and expert witnesses to testify to his mental state and history of severe mental illness. Jury found him guilty. Judge sentenced the defendant to 30 years (he was facing 25-99 because of prior convictions).
  • State v. Eason, Tyler County 1-A District Court – 11,429 – Judge Jerome Owens; Criminal Mischief State Jail Felony; Directed verdict of acquittal prior to closing arguments.
 
Appellate Decisions:
2014 – 
  • Jaganathan v. State, On appeal from the district court in Chambers County. The Fourteenth Court of Appeals in Houston held that the trial court committed harmful error when it denied Jaganathan’s motion to suppress evidence from an unlawful search because the arresting officer lacked reasonable suspicion to detain the appellant for violating the ‘Left Lane for Passing Only’ sign on Interstate 10. The Court of Appeals reversed and remanded. No. 14-13-00356-CR (Tex.App.-Houston [14 Dist] July 8, 2014). Click here to read the court’s opinion.
 
Substantive Pleas or Dismissals:
  • State v. Drake, Jefferson County Court at Law # 2 – Hon. Kent Walston- DWI (1st, Class A misdemeanor): Prosecutor dismissed the charges after a favorable ruling on our motion to suppress evidence.
  • State v. G.T. (a minor), Criminal District Court, Jefferson County – Judge John Stevens- One count of sexual assault (1st-degree felony) and one count of indecency with a child (2nd-degree felony). Case dismissed on the eve of trial for “insufficient evidence.”
  • State v. Bob, Jefferson County Court at Law #2 – Judge G.R. “Lupe” Flores- Resisting Arrest (Class A misdemeanor): case dismissed on the eve of trial for “insufficient evidence.”
  • State v. Barefield, Tyler County Court – Judge Jacques Blanchette – DWI 1st: case dismissed on the eve of trial.
  • State v. Lewis, 252nd District Court, Jefferson County – Three counts of felony assault with habitual status-after an unsuccessful trial to the jury, we obtained an eight-year sentence based on a Motion for New Trial because police withheld evidence that made Lewis’s decision to go to trial involuntary. Lewis faced 25-99 years or life on each count.
  • State v. Baltazar, Criminal District Court, Jefferson County – Burglary of a Habitation (Habitual) – client accepted a plea offer of two years during a jury trial prior to State completing their case; he was facing 25-99 years.
  • State v. Harwell, Tyler County 1-A District Court, – Capital Murder and Injury to a Child; filed numerous motions seeking the state to elect mini-cap instead of death penalty, ultimately resolved with a plea to Criminally Negligent Homicide and Defendant was given two years in the State Jail.
  • State v. Holmes, Criminal District Court, Jefferson County – Evading Arrest w/ Motor Vehicle: Case dismissed on day of trial because of evidentiary suppression.
  • State v. Brydson, Jefferson County Court at Law #2 – Judge G.R. “Lupe” Flores, filed a motion to suppress based on a flawed stop and the State ultimately dismissed the case.
  • State v. Arceneaux, Drug Impact District Court Jefferson County – Judge Larry Gist; Possession with Intent to Deliver in 2nd Degree Felony amount, filed several suppression motions and State ultimately agreed to a Class A misdemeanor of attempted possession of controlled substance – client received time served sentence and was released.
  • State v. Clayton, Hardin County Court – accusation of marijuana possession – state dismissed the case prior to trial and after the statute of limitations had run.
 
* Every case is different, and there is no guarantee of positive results.
 
 
PRACTICE AREAS:
 
Federal cases:
 
White collar crime
IRS investigations
SEC defense matters
Corporate fraud defense
Securities fraud
Conspiracy
Mail/wire/bank fraud
Bankruptcy fraud
Tax fraud
Tax and securities investigations
Antitrust violations
Health care fraud
Environmental violations
Immigration fraud
Custom violations
Criminal antitrust violations
Government/mail/wire fraud
Bribery
Embezzlement
 
 
State cases:
 
Driving while intoxicated (DWI)
Computer crimes
Theft (shoplifting, employee theft)
Possession of drugs/controlled substances
Carrying a weapon in a restricted area
Assault (family violence)
Aggravated assault
Intoxication assault
Sexual assault
Aggravated sexual assault
Indecency with a child
Juvenile
Murder
Intoxication manslaughter
Negligent homicide