Case Results We’ve Achieved For Our Clients

To see how we can help you, contact our law firm in Austin, TX today

At Botsford & Roark, we encourage you to evaluate our case results. Our Austin criminal defense lawyers and Title IX violation attorneys have a strong history of protecting the rights of high-profile individuals, students facing Title IX allegations, and Central Texas drivers charged with DWI or complex crimes.

“Thoughtful, intelligent, strategic, and very experienced … Brian ensured that justice was served fairly.” - George C.

Notably, we successfully represented Governor Rick Perry, leading to the dismissal of all charges in his indictment. We've also challenged the University of Texas at Austin's Title IX procedures, resulting in the exoneration of star student athletes.

Please note that past results do not guarantee future outcomes. It's important to keep in mind that while past results can provide some insight, they don't ensure the same results in the future.

Legal cases and situations can vary widely, and many factors can influence the outcome. It's best to consult with an experienced attorney to discuss the specifics of your case and get personalized advice based on your unique circumstances.

If you are facing criminal charges in Travis County or another Central Texas community, or have been accused of a Title IX violation in Texas, contact us for a free and confidential case evaluation.

Here are some of our law firm’s notable case results:

Criminal charges
Title IX accusations & sex crimes
Criminal & civil appeals
High-profile defense cases

Criminal Charges

DWI

State official arrested for drunk driving refuses blood and breath BAC tests serves 6 days in jail on a driving while intoxicated (DWI) conviction.
In Austin, DWI reduced to a charge of obstruction of a passageway for star student athletes.
DWI charge reduced to a speeding citation for a local judge.

Assault, aggravated assault, manslaughter, murder

Manslaughter charges dismissed against former police detective accused of shooting.
Ex parte - Richardson, (Texas Crim. App.). Granting a new trial and setting aside conviction for capital murder and death sentence due to suppression of evidence by the state.
Cisneros v. State, (Texas App., Corpus Christi). Reversing conviction for capital murder due to insufficient evidence.
Skelton v. State, (Texas Crim. App.). Setting aside conviction of capital murder and sentence of death and entering a judgment of acquittal due to insufficient evidence.
Barrow v. State, (Texas Crim. App.). Setting aside judgment of conviction and sentence of death in a capital murder case due to jury selection error.

White collar crimes

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.
Closure of federal investigation of Citizen’s alleged income tax evasion.
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.
United States v. Enstam, (US App. 5th Cir.). Upholding conviction for conspiracy to impede IRS by “washing” funds through Cayman Islands.
United States v. Mann. Upholding conviction in complex bank fraud case.
Felony charge dropped against school district executive accused of tampering with government records: Defense successfully argued that all actions taken were lawful, transparent, and made in good faith. Following a review by the Travis County District Attorney’s Office, prosecutors declined to pursue the case, citing insufficient evidence. The client, a career educator with over 17 years of service, was cleared without formal charges ever being filed.

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Title IX Allegations & Sex Crimes

Title IX accusations

Botsford & Roark has defended more than a dozen students accused of criminal sexual assault and Title IX sexual misconduct violations. While Title IX hearings are not legal trials, the civil hearing process is intense and high-stakes.

University of Texas-Austin student reinstated following expulsion by former university president as a result of an unfair Title IX appeal hearing.
Top student athlete found not guilty of sexual assault following allegations by University of Texas student. County district attorney's office then dropped the case against the co-defendant, another student athlete.

Sex crimes

Closure of state investigation of citizen’s alleged failure to register as a sex offender.
Acquittal of lawyer indicted in state court for aggravated sexual assault.
Closure of state investigation of lawyer’s alleged aggravated sexual abuse.
Nations v. State, (Texas App., Austin). Reversing conviction for aggravated sexual assault due to exclusion of expert testimony regarding eyewitness identification.

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Criminal & Civil Appeals

Appeals

Durbin v. Cockrell, (W.D. Texas). Granting federal Habeas Corpus relief due to a violation of a plea bargain agreement in a 33-year-old double murder case.
United States v. Elizondo, (S.D. Texas). Defendant granted a new trial following conviction in drug conspiracy case.
United States v. Howard, (US App. 5th Cir.). Addressing complex search and seizure points but upholding conviction.
Tucker v. Johnson, (US App. 5th Cir.). Denying Karla Faye Tucker relief in connection with her death penalty.
Ex parte - Tucker, (Texas Crim. App.). Denying Karla Faye Tucker a stay on the eve of her execution.
United States v. Dahlstrom, (US App. 9th Cir.). Reversing conviction for conspiracy to impede IRS due to insufficient evidence.
United States v. Kahn, (US App. 5th Cir.). Reversing guilty plea for failure to comply with requirements relating to the guilty plea colloquy.
Ex parte - Mitchell, (Texas Crim. App.). Habeas Corpus relief granted to death row inmate due to suppression of exculpatory evidence.
Stearnes v. Clinton, (Texas Crim. App.). Setting aside trial court’s order disqualifying defense counsel in a capital murder case.

High-Profile Defense

Case results defending public officials, politicians, and community leaders

Acquittal of oil executive indicted in federal court for bribery.
Acquittal of banker indicted in federal court on 7 counts of fraud (Convicted on conspiracy, false statements, and fraud).
Ex parte - Governor James Richard “Rick” Perry, (Texas Crim. App.). Holding that the attempted prosecution of Gov. Perry could not proceed under either count because it would offend the separation of powers clause of the Texas Constitution and the First Amendment.
Ex parte - Gov. Perry, (Texas App., Austin). Petition granted. Sustaining Gov. 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.
Challenges to prosecutorial evidence led to charges being dropped against top elected state politician accused of bribery or solicitation.
Ex parte - Price, (Texas). Setting aside judgment of contempt of a Dallas councilmember
Closure of state investigation of corporate employee’s alleged involvement in illegal campaign contributions.
United States v. Ramos, (US App. 5th Cir.). Setting aside convictions on obstruction of justice but affirming convictions on civil rights violations of a federal border patrol agent.
Fraud Allegation Against Local Business Owner: Successfully secured the dismissal of a high-profile workers’ compensation fraud charge against an Austin business owner after the Travis County District Attorney’s Office concluded there was insufficient evidence to proceed. The insurance policy at issue was obtained after a workplace injury, but defense counsel demonstrated that the client acted lawfully and transparently.

Case results defending lawyers

In re Auclair, (US App. 5th Cir.). Reversal of order directing attorney to testify to privileged communications pursuant to a joint defense privilege.
Closure of state investigation of lawyer for alleged misapplication of fiduciary property.
Travis County prosecutors drop felony charge against prominent lawyer accused of leaving the scene of an accident with injuries.
Acquittal of lawyer indicted in state court for engaging in organized criminal activity
Acquittal of lawyer indicted in federal court for 19 counts of wire/mail fraud.
Acquittal of lawyer indicted in federal court for 7 counts of RICO, extortion, and bribery.
United States v. Hill, (US App. 5th Cir.). Setting aside suppression ordered by district court of seizure of records from lawyer’s office.
State v. Ford, (Texas App., San Antonio). Pet. Ref’d. Affirmance of trial court’s order dismissing 10 indictments against lawyer charging him with misuse of official information.

Case results defending medical professionals

Pretrial diversion for dentist indicted for alleged Medicaid anti-kickback statute violations.
Acquittal of doctor indicted in federal court of 3 counts for making false statements.
Civil agreement for doctor in lieu of federal indictment for alleged FDA violations.
Acquittal of doctor indicted in federal court for 16 counts of health care fraud.

Representative dispositions without trials

Conviction of prominent rancher/oil man for conspiracy and mail fraud after district court granted acquittal on bribery charge.
Conviction of husband indicted in state court for murder of his ex-wife.

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