Tim Molina Hits Two Home Runs

On October 16, 2019, Tim Molina surprisingly concluded a jury trial in Comal County District Court.   Tim’s client was wrongfully accused of burglary.  After Tim’s cross-examination of the arresting officer, it was clear the charge was bogus.   The Court granted a motion for directed verdict.   A directed verdict is a tool a competent trial attorney seeks to have the judge declare the state failed to meet its burden of proof - - proof beyond a reasonable doubt that a crime was committed.   A directed verdict is a legal declaration by the judge that the state did not even have the most minimum of evidence that a crime was committed.   The officer’s testimony on cross-examination was that Tim’s client was charged with the crime for an improper purpose - - so the officer could secure a protective order for the alleged victim.

After the case was dismissed, Tim went down the hall to a different Comal County District Court and argued a motion to dismiss for failure to grant a speedy trial.  Our federal and state constitutions grant every defendant the right to a speedy trial so a defendant can present the best defense possible.  When the state prosecutors delay a case and damage a defendant’s constitutional rights to a speedy trial, to effective assistance of counsel and to compel witnesses to appear in court, aggressive attorneys like Tim can ask that a case be dismissed.   Here, Tim’s client’s defense was prejudiced by the State’s inability to prosecute the case in a timely manner.   The constitutional prejudice was presented to the court and rightfully dismissed.

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.