Over 70 Years of Legal Experience and Over 400 Jury Trials

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Increased DWI Cases

The pandemic has lead to an increase in DWI arrests, violent crimes, and intoxication manslaughter cases. If you or someone you know has been accused of one of these crimes, hiring a seasoned trial lawyer can be the difference between going to prison for 20 years or going free.

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Araceli Duarte
I Will Never Forget 2020

Duarte & Molina, P.C. is contributing to the San Antonio Children’s Shelter. Lawyers in our office are individually contributing to the St. Vincent De Paul Society, the San Antonio Food Bank, different scholarship funds to help with education costs, Goodwill and other charities. As a community, I know we can all find a way to help our neighbors. Not everyone has an extra dollar to donate. Not everyone has items at home to donate to charity. Not everyone has a schedule that allows donating time at the different charities. But most of us have a way to give back to our community.

I know I rely on my family, my staff and my friends to accomplish my goals. I know that if clients, customers, patients or patrons do not secure counseling or treatment, purchase goods or obtain other professional services, different businesses will fail. Our communities have suffered many financial losses and many businesses, clinics, law offices, restaurants and bars have closed.

As a personal gesture, it is important for me to give back to the community that has blessed me in so many ways. As a practical matter, it is important for us to help our neighbors and patronize local businesses to prevent further losses in our community. I won’t forget 2020 because of what it has cost people worldwide. I won’t forget 2020 because it will be the year I reached out more to help my neighbors. I hope 2020 will not be forgotten by many because it will be the year that they remember someone helped them before they hit rock bottom.

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Araceli Duarte Comment
George Floyd vs. Donald Trump: What Legacy Is Left Behind?

On May 25, 2020, our nation watched a handcuffed African American man lay on the ground while an Anglo police officer kept a knee on George Floyd’s neck for over eight (8) minutes and eventually die. Three (3) officers of different races could have intervened, but did not. Justice moves slowly, but I am sure George Floyd and his family will receive some form of justice in the criminal courts and in the civil courts.

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Moms and Intoxication Manslaughter

Demetrio Duarte and Tim Molina recently handled a case that illustrates how our world continues to change. We regularly hear about individuals charged with intoxication manslaughter and intoxication assault. We think about alcoholics who get out of a bar at 2:00 a.m., stumble to a car, drive onto the roadway and collide with an innocent driver when the drunk runs a red light driving 85 miles per hour in a 30 mile per hour speed zone. However, this is not always the case.

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Tim Molina Hits Two Home Runs

This week provided Tim the opportunity to again demonstrate that a competent attorney looks at fact, looks at the law and fights for the client in the courtroom – even in courtrooms outside of Bexar County.    In each instance, the charges against the client were dismissed because of good preparation, effective arguments and a commitment to justice.  Congratulations to Tim Molina on two home runs.

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Hung Jury

How does a jury punish someone for causing an accident while intoxicated? This jury faced the same questions our community asks when they hear about deadly collisions. Should a first time offender go to prison? Should probation be granted to someone who will likely never drink and drive again? Is someone punished enough by living each day knowing the person killed someone in an accident? Is prison really for evil, malicious or repeat offenders? Is probation really an option when someone takes a life?

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Araceli Duarte
Accident or Crime?

Last week, I tried a case where a client was accused of four crimes stemming from one auto accident. The charges included intoxication manslaughter and intoxication assault. Our client was accused of drinking, driving, and then causing an “accident” because of intoxication. Unfortunately, lots of people die in auto collisions or “accidents.” Drivers run red lights, fail to stop at stop signs, speed, text while driving, fail to yield the right of way, or do other things that cause auto accidents. When do those “accidents” become crimes?

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Araceli Duarte
Alternate Juror for Intoxication Manslaughter Trial

Today our office is continuing in the second week of an intoxication manslaughter trial in Bexar County, Texas. However, we’ll be continuing this case using our alternate juror.

We selected an alternate juror because this trial is expected to last 3 weeks and you never know when someone will become ill or have a problem develop. If you don’t have 12 jurors, a mistrial must be declared.

In our case, attorney Demetrio Duarte, Jr. needed to move for a juror to be removed because he observed a juror falling asleep during the scientific testimony. The juror would stay awake for fact witnesses, but hearing about math and science put the juror to sleep.  

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Lessons Learned/Confirmed From Jury Trial – Session 1

As a trial lawyer, juries still amaze me after 34 years of practice. Yesterday, two very talented lawyers and I received a favorable verdict after three weeks of trial. I generally find myself on the plaintiff’s side of the docket helping people who have been hurt as a result of someone’s negligence. But this trial involved me helping a small company that was wrongly accused of negligent hiring, supervising, training and retaining a driver who was involved in a collision.

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Araceli DuarteComment
Jury Recommends 10 Years Probation in Baby Death

February 2017 – A Bexar County jury found Marquita Johnson, 33, and her husband Qwalion Busby, 36, guilty of injury to a child by omission and recommended 10 years of probation. The couple’s 7 month-old son had passed away after his ear infection turned into sepsis, which medical experts testified was the cause of death. 

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Araceli Duarte
Federal Money Laundering Conspiracy

January 2017 – Attorney Demetrio Duarte, Jr. represented Raymundo “Mundito” Villarreal, Jr. in federal court in San Antonio, Texas. A former resident of Mission, Villarreal had been charged with one count of money laundering conspiracy and one count of conspiring to structure transactions to evade reporting requirements. 

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Araceli Duarte
“Incompetent Criminal” is Sentenced

December 2016 – James Joseph Taylor, Jr. had been described by a judge, as well as the press, as the “incompetent criminal.” Charged with two federal counts of illegal possession of a Postal Service key, each punishable by up to 10 years in prison, and three counts of possession of stolen mail, each count carrying a maximum penalty of 5 years in prison. But on December 20, 2016, he was sentenced to 1 year and 1 day. 

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Araceli Duarte