David L. Botsford
David L. Botsford is regarded as one of the top criminal defense attorneys in the state of Texas.
David L. Botsford
David L. Botsord
David L. Botsford is a Partner at Botsford & Roark. David represents clients across the state of Texas in a wide variety of criminal defense and administrative matters including, white collar crimes, DWI, sexual assault, Title IX violations, and drug cases.
Areas of Practice
- Criminal Law, Federal & State
- Trials, Appeals and Post Conviction Remedies
Bar Admissions
- Texas, 1977
- U.S. District Court Western District of Texas
- U.S. District Court Northern District of Texas
- U.S. District Court Southern District of Texas
- U.S. District Court Eastern District of Texas
- U.S. Court of Appeals 5th Circuit
- U.S. Court of Appeals 9th Circuit
- U.S. Supreme Court
- U.S. Tax Court
Contact David now for a free consultation.
I have a proven track record in Austin and Central Texas of successfully representing those facing criminal prosecution.
Education
- Southern Methodist University School of Law, Dallas, Texas
- J.D. – 1977
- Honors: Order of the Coif
- University of Connecticut
- B.A. cum laude – 1974
- Major: Economics
- National Criminal Defense College – 1988
Representative Dispositions Without Trials
- Acquittal of doctor indicted in federal court for 16 counts of health care fraud.
- Acquittal of tax return preparer indicted in federal court for 4 counts of aiding and abetting the preparation and filing of false income tax returns.
- Acquittal of banker indicted in federal court on seven counts of fraud but also convicted on conspiracy, false statements and fraud;
- Conviction of prominent rancher/oil man for conspiracy and mail fraud after district court granted acquittal on bribery charge;
- Acquittal of lawyer indicted in federal court for 7 counts of RICO, extortion and bribery.
- Acquittal of doctor indicted in federal court of 3 counts for making false statements.
- Acquittal of lawyer indicted in federal court for 19 counts of wire/mail fraud.
- Acquittal of oil executive indicted in federal court for bribery.
- Acquittal of lawyer indicted in state court for aggravated sexual assault.
- Conviction of husband indicted in state court for murder of his ex-wife;
- Acquittal of lawyer indicted in state court for engaging in organized criminal activity.
Representative Dispositions Without Trials
- Pretrial diversion for dentist indicted for alleged violations of the Medicaid anti-kickback statute.
- Civil agreement for doctor in lieu of federal indictment for alleged violations of the FDA.
- Closure of federal investigation of citizen’s alleged evasion of the payment of his income tax.
- Closure of federal investigation of citizen’s alleged failure to accurately file income tax returns.
- Closure of state investigation of corporate employee for alleged violations of State environmental laws.
- Closure of state investigation of lawyer for alleged misapplication of fiduciary property.
- Closure of state investigation of citizen’s alleged failure to register as a sex offender.
- Closure of state investigation of lawyer’s alleged aggravated sexual abuse.
- Closure of state investigation of corporate employee’s alleged involvement in illegal
campaign contributions.
Representative Appellate Decisions
- Ex parte James Richard “Rick” Perry, 471 S.W.3d 63 (Tex. App.—Austin 2015, pet. granted) (sustaining Governor Perry’s challenge to his attempted prosecution on count 2 because statute violated the First Amendment, but declining to address whether count 1 was barred on separation of powers grounds);
- Ex parte James Richard “Rick” Perry, 483 S.W.3d 884 (Tex. Crim. App. 2016) (holding that the attempted prosecution of Governor Rick Perry could not proceed under either count because it would offend the separation of powers clause of the Texas constitution and the First Amendment);
- United States v. Ramos, 537 F.3d 439 (5th Cir. 2008)(setting aside convictions on obstruction of justice but affirming convictions on civil rights violations of a federal border patrol agent);
- United States v. Hill, 19 F.3d 984 (5th Cir. 1994)(setting aside suppression ordered by district court of seizure of records from lawyer’s office);
- In re Auclair, 961 F.2d 65 (5th Cir. 1992)(reversal of order directing attorney to testify to privileged communications pursuant to a joint defense privilege);
- United States v. Dahlstrom, 713 F.2d 1423 (9th Cir. 1984)(granting acquittal on conspiracy to impair and impede the IRS and substantive count of aiding and assisting in preparation and filing of false tax return);
- United States v. Enstam, 622 F.2d 857 (5th Cir. 1980)(affirmance of conviction of lawyer for conspiracy to impair and impede the IRS);
- State v. Ford, 179 S.W.3d 117 (Tex.App.-San Antonio, 2005, pet. ref’d)(affirmance of trialcourt’s order dismissing ten indictments against lawyer charging him with misuse of official information);
- Ex parte Richardson, 70 S.W.3d 865 (Tex. Crim. App. 2002)(habeas corpus relief granted to death row inmate due to suppression of exculpatory evidence);
- Cisneros v. State, 915 S.W.2d 217 (Tex. App.-Corpus Christi, 1996, pet. ref’d)(acquittal on appeal for capital murder);
- Ex parte Mitchell, 853 S.W.2d 1 (Tex. Crim. App. 1993)(habeas corpus relief granted to death row inmate due to suppression of exculpatory evidence);
- Skelton v. State, 795 S.W.2d 162 (Tex.Crim.App. 1989)(acquittal on appeal of death row inmate);
- Stearnes v. Clinton, 780 S.W.2d 216 (Tex.Crim.App. 1989)(setting aside trial court’s order disqualifying defense counsel in a capital murder case)
Representative Cases
- Texas Criminal Defense Lawyers, 1978
- Criminal Defense Lawyers Project, 1981
- Criminal Defense Lawyers Project, Texas Criminal Defense Lawyers Educational Institute, 1982
- Advanced Criminal Law Course, State Bar of Texas, 1978 – 1979, 1986, 1990 – Present
- Advanced Criminal Law Course, State Bar of Texas, 1979
- Advanced Criminal Law Course, State Bar of Texas, 1986
- Advanced Criminal Law Course, State Bar of Texas, 2007
- Advanced Criminal Law Course, Texas District & County Attorneys Association’s Annual Convention, 1993
- Advanced Criminal Law Course, Texas District & County Attorneys Association’s Annual Convention, 1998
- Advanced Criminal Law Course, Texas District & County Attorneys Association’s Annual Convention, 2001
Certified Legal Specialties
- Criminal Law, Texas Board of Legal Specialization, 1983
- Criminal Law Appellate Law, Texas Board of Legal Specialization, 2012
Published Works
- United States v. Cisneros, 194 F.3d 626 (United States Court of Appeals, Fifth Circuit 2000)
- In Re Auclair, 961 F.2d 65 (United States Court of Appeals, Fifth Circuit 1992)
- United States v. Dahlstrom, 713 F.2d 1423 (United States Court of Appeals, Ninth Circuit 1984)
- United States v. Enstam, 622 F.2d 857 (United States Court of Appeals, Fifth Circuit 1980)
- Ex Parte Richardson, 70 S.W.2d 865 (Tex.Crim.App. 2002)
- Cisneros v. State, 915 S.W.2d 217 (Court of Appeals of Texas, Corpus Christi 1996)
- Ex Parte Mitchell, 853 S.W.2.d 1 (Court of Criminal Appeals of Texas, En Banc 1993)
- Skelton v. State, 795 S.W.2d 162 (Court of Criminal Appeals of Texas, En Banc 1989)
- United States v. Ramos, 537 F.3d 439 (5th Circuit 2008)
- United States v. Hill, 19 F.3d 984 (5th Circuit 1994)
- State v. Ford, 179 S.W.3d 117 (Tex. App-San Antonio 2005)
- Stearnes v. Clinton, 780 S.W.2d 216 (Tex-Crim. App. 1989)
Classes & Seminars
- Speaker, Texas Criminal Defense Lawyers, 1978 – Present
- Speaker, Criminal Defense Lawyers Project, 1981 – Present
- Speaker, Texas Criminal Defense Lawyers Educational Institute, 1982 – Present
- Speaker, Advanced Criminal Law Course, State Bar of Texas, 1986, 1990 – Present
- Speaker, Texas District & County Attorneys Association, 1993
- Speaker, Texas District & County Attorneys Association, 1998
- Speaker, Texas District & County Attorneys Association, 2001
Professional Associations & Memberships
- State Bar of Texas, 1977 – Present
- State Bar of Texas, Criminal Law Examination Commission, 1985 – 2005
- State Bar of Texas, Criminal Justice Section, Council Member, 1997 – 2000, 2001 – 2004, 2006 – 2012, Chairperson 2012-2013
- State Bar of Texas,, Course Director, Advanced Criminal Law Course, 2005
- Texas Criminal Defense Lawyers Association, President, 1996 – 1997
- Texas Criminal Defense Lawyers Association, President-Elect, 1995 – 1996
- Texas Criminal Defense Lawyers Association, First Vice-President, 1994 – 1995
- Texas Criminal Defense Lawyers Association, Second Vice-President, 1993 – 1994
- Texas Criminal Defense Lawyers Association, Treasurer, 1992 – 1993
- Texas Criminal Defense Lawyers Association, Assistant Secretary-Treasurer, 1991 – 1992
- Amicus Curiae Committee, Member, 1979 – 1981
- Amicus Curiae Committee, Member, 1983 – 1985
- Amicus Curiae Committee, Chairperson, 1986 – 1990
- Texas Criminal Defense Lawyers Education Institute, Fellow, 1990
- Texas Criminal Defense Lawyers Education Institute, Director, 1990
- National Association of Criminal Defense Lawyers
- Texas Association of Board Certified Specialists in Criminal Law, President, 1991 – 1992
- Member, Committee on Pattern Jury Charges (Criminal), 2009-2014, 2015 – 2016.
Honors & Awards
- Texas Criminal Defense Lawyers Association, Percy Foreman Lawyer of the Year, 1993
- Outstanding Criminal Defense Lawyer of the Year, Criminal Justice Section, State Bar of Texas 1993
- Listed in the Best Lawyers in America (Woodard/White), 1995-present (Currently listed in: Appellate Practice, Criminal Law – General Practice, and Criminal Defense – White Collar)
- Listed as 1 of 5 Top Notch “Go-To” Lawyers in Texas Criminal Defense Practice by Texas Lawyer, 2002
- Listed as The “Go To Lawyer” in Texas Criminal Defense by Texas Lawyer, 2007
- Listed as 1 of 5 Top Notch “Go-To” Lawyers in Texas Criminal Defense Practice by Texas Lawyer, 2012
- Listed as a “Super Lawyer” (Thompson Rueters, as published in Texas Monthly), 2003-present
- Texas Criminal Defense Lawyers Association, Hall of Fame, 2014