Facing a charge of Intoxication Manslaughter in Texas is tough enough. Being convicted and sentenced to prison for it is even tougher. That is the situation that Desiree Skaf and her family found themselves in back in March 2016. Represented by other attorneys, Skaf was talked into pleading guilty in exchange for a 7 year prison sentence. The 23 year-old client had never been in trouble before with the law, had an incredible support structure around her, and had proven herself to be an upstanding citizen. Nevertheless, she was facing having to turn herself into prison officials in 30 days.
She and her family came to Brent Mayr for another option, a way out, and a second chance to fight for real justice. It was a fortunate decision. Upon returning to court, she suddenly found herself in a situation she never expected – instead of the 7 year sentence, the Judge in her case sentenced her to 15 years in prison. She was immediately taken into custody and transported to the Texas Department of Criminal Justice to begin serving her sentence.
While Brent Mayr was tasked with handling her appeal, he took advantage of an exception in the law that allows a person to challenge their conviction before the case proceeds into the appellate arena: a Motion for New Trial. Motions for New Trial are requests to the Judge who convicted and sentenced the client to “change their mind,” throw out the conviction and sentence, and permit the person to start anew. They are rarely granted. They are also very difficult to investigate and prepare for. Under state law, a person only has 30 days from the date of their sentence to file the Motion and 75 days from the date of sentence to present any additional evidence or legal arguments. Nevertheless, Brent Mayr, working with Richard Esper and Joe Spencer of El Paso, Texas, went to work investigating and preparing the motion. Thirty days after that fateful day, Mayr, Esper, and Spencer filed the voluminous motion alleging multiple legal grounds for overturning Ms. Skaf’s sentence.
It worked. After a hearing, the judge recommended that Ms. Skaf be granted a new trial. Following that recommendation, the same judge who, a little over two months prior, sentenced Ms. Skaf to 15 years in prison reversed course, granted the Motion for New Trial, ordered that Ms. Skaf be returned from TDCJ and released on a personal recognizance bond awaiting her new trial.
Whether it is a case of Intoxication Manslaughter, Driving While Intoxicated, Conspiracy to Commit an Offense, Theft, Robbery, Drug Possession or any other state or federal criminal offense, Brent Mayr, Board Certified Criminal Attorney in Texas, is able to assist individuals both to help them avoid a conviction or, as in this case, help them get their conviction thrown out. Whether by Appeal, Post-Conviction Writ of Habeas Corpus, or other post-conviction relief, like a Motion for New Trial, Brent Mayr possesses the experience, knowledge, and record of success to help people like Desiree Skaf.
Read more about the case here:
http://kfoxtv.com/news/local/new-trial-set-for-el-paso-woman-convicted-of-intoxicated-manslaughter
http://www.kvia.com/news/failed-trial-and-fatally-flawed-plea-agreement-result-in-new-trial-for-desiree-skaf/39844922
