Attorneys

The best defense is a relentless offense

I believe that when a citizen is accused of a crime, the best defense is a relentless offense! Every criminal accusation leveled by the government against a citizen is an attempt to deny that citizen's right to life, liberty, and happiness. I see our duty as more than just counselors and advocates, but as warriors. The only way to truly insure that we can get the best results for our clients is to fight as if every case is going to trial. I believe that every case should be pursued with this attitude in mind.

In my tenure with the firm I have participated in a wide array of state and federal criminal trials and appeals. In addition to representing clients in many serious state criminal matters, I have represented a number of clients in large scale federal drug conspiracies, complex white collar fraud cases, and cases involving computers and internet crimes.

I have been admitted to practice in the State of Texas, the United States District Courts for the Western and Southern Districts of Texas, and the United States Court of Appeals for the Fifth Circuit. I received my Juris Doctorate from St. Mary's University in 2004 and I hold a Master's Degree in International Relations. I am an active member of the National Association of Criminal Defense Lawyers, the Association of Trial Lawyers of America, the American Bar Association, the National Bar Association, the Texas Criminal Defense Lawyers Association, the San Antonio Bar Association, and the San Antonio Criminal Defense Lawyers Association. I have lectured and written extensively in the areas of criminal law.

Sincerely,
Don Flanary

Areas of Practice:
Federal Drug Offenses (Possession with Intent to Distribute, Manufacturing of Controlled Substances)
Organized Crime, RICO
White Collar Offenses
Wire, Bank, Mail, and Credit Card Fraud
Structuring and Money Laundering
Embezzlement / Fraud
Weapons, Explosives and Firearms Offenses
Murder / Manslaughter
Sexual Assault
Aggravated Robbery
Aggravated Assault
Child Pornography
Arson
Solicitation of a Minor
Sexual Offenses
Misappropriation by Fiduciary
DWI Manslaughter and Assault
Bond Hearings
Extradition and Rendition Hearings
Appeals
Writs of Habeas Corpus

Bar Admissions:
Texas
U.S. District Court Western District of Texas
U.S. District Court Southern District of Texas
U.S. Court of Appeals 5th Circuit

Education:
St. Mary's University School of Law, San Antonio, Texas, 2004
J.D.

St. Mary's University, 2000
Masters Degree: International Relations

Texas A&M Commerce, 1999
Bachelor of Science: Political Science and Philosophy

Honors and Awards:
St. Mary's School of Law, Pro Bono Achievement Award

College of the State Bar of Texas
Member

Professional Associations and Memberships:
National Association of Criminal Defense Lawyers
Federal Bar Association
Bar Association of the Fifth Federal Circuit
American Association for Justice
American Bar Association
National Bar Association
Texas Criminal Defense Lawyers Association
Texas Young Lawyer Association
San Antonio Bar Association
San Antonio Criminal Defense Lawyers Association

Seminars Taught:
The 41th Annual Judge A. A. Semaan
Criminal Law Institute
San Antonio Bar Association
April 16-17, 2004

17th Annual Rusty Duncan Advanced Criminal Law Course
Texas Criminal Defense Lawyers Association
June 2004

Publications:
The Endless Drug War: No Winners, Only Casualties; Understanding the Real Costs of U.S. Drug Policy; Jan/Feb Issue, Vol. 33 No. 1; Voice for the Defender; Texas Criminal Defense Lawyers Association 

The Endless Drug War Part 2: The Erosion of Our Civil Liberties; Voice for the Defender; Spring 2004 Texas Criminal Defense Lawyers Association 

SEARCH AND SEIZURE 2006 UPDATE
19TH ANNUAL RUSTY DUNCAN
ADVANCED CRIMINAL LAW SHORT COURSE
TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION
San Antonio, Texas; June 2006

SEARCH AND SEIZURE 2006 UPDATE
FEDERAL LAW, STATE DUI, AND DRUG TRACK
TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION
Austin, Texas; September 7 and 8, 2006

NEW SEARCH AND SEIZURE CASES 2006
NORML KEY WEST LEGAL SEMINAR 2006
Key West, Florida; December 2006

SEARCH & SEIZURE SEARCH ME, SEIZE ME SQUEEZE ME
44TH ANNUAL CRIMINAL LAW INSTITUTE
IN HONOR OF DISTRICT JUDGE A. A. SEMAAN
SAN ANTONIO BAR ASSOCIATION
San Antonio, Texas; March 30-31, 2007

SIGNIFICANT NEW SEARCH AND SEIZURE DECISIONS
ASPEN NORML LEGAL SEMINAR 2007
The Gant Hotel
Aspen, Colorado; June 9-10, 2007

SEARCH ME, SEIZE ME, SQUEEZE ME - THE PRINCIPLE FORMERLY KNOWN AS THE FOURTH AMENDMENT
FEDERAL LAW AT THE FRENCH QUARTER
Hotel Monteleone in the French Quarter
New Orleans, Louisiana; March 6, 2008

HOT NEW TRENDS FROM THE SUPREMES AND AROUND THE BLOCK
45TH ANNUAL CRIMINAL LAW INSTITUTE
IN HONOR OF DISTRICT JUDGE A. A. SEMAAN
SAN ANTONIO BAR ASSOCIATION
San Antonio, Texas; March 27-28, 2008

HOT NEW TRENDS FROM THE SUPREMES AND COURTS NEAR YOU
FEDERAL LAW CONFERENCE 2008
HIDALGO COUNTY BAR ASSOCIATION
Sheraton Resort
South Padre Island, Texas; March 27-28, 2008

SUPREME COURT REVIEW - WHERE WE'VE BEEN AND WHERE WE'RE GOIN' OVER THE NEXT 50 YEARS
NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
New York, New York; May 3, 2008

HOT NEW TRENDS FROM THE SUPREMES AND AROUND THE BLOCK
ASPEN NORML LEGAL SEMINAR 2008
The Gant Hotel
Aspen, Colorado; June 6-7, 2008

SEARCH ME, SEIZE ME, SQUEEZE ME - THE PRINCIPLE FORMERLY KNOWN AS THE FOURTH AMENDMENT
21th ANNUAL RUSTY DUNCAN
ADVANCED CRIMINAL LAW SHORT COURSE
TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION
San Antonio, Texas; June 25, 2008 June 28, 2008

2008 SUPREME COURT UPDATE
ADVANCED TRIAL SERIES
TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION
Sheraton Resort
South Padre Island, Texas; July 10, 2008

2008 SUPREME COURT UPDATE
34TH ANNUAL ADVANCED CRIMINAL LAW COURSE 2008
STATE BAR OF TEXAS
Marriot Rivercenter
San Antonio, Texas; July 28, 2008

MOTIONS TO SUPPRESS
DEFENDING DRUG CASES SEMINAR
NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
Double Tree Hotel
Houston, Texas; November 13-14, 2008

2008 SUPREME COURT UPDATE
NORML KEY WEST LEGAL SEMINAR 2008
Key West, Florida; December 4, 2008

REPRESENTATIVE CASES:

Trials:
U.S. v. Rana - Medicare Fraud
U.S. v. Luczkow - Income Tax Evasion, Filing False Tax Returns
U.S. v. Martinez, R. - Driving While Intoxicated on Military Base
U.S. v. Turley - Driving While Intoxicated on Military Base
State v. Berlanga - Injury to the Elderly
State v. Long - Deadly Conduct
State v. Montez - Aggravated Sex Assault, Aggravated Assault (3 Counts)
State v. Pardue - Engaging in Organized Crime, Promotion of Gambling
State v. Abrego - Driving While Intoxicated
State v. Gaona - Assault Bodily Injury, Family
State v. Martinez  - Driving While Intoxicated
State v. Salazar - Driving While Intoxicated 2^nd

Federal Cases:
U.S. v. Abuteir - Tax Fraud
U.S. v. Aslam - Bank Fraud, Access Device Fraud, Wire Fraud, Social Security Fraud, Structuring, Money Laundering
U.S. v. Bhojani - Counterfeit Cigarettes
U.S. v. Bravo - Distribution of Cocaine
U.S. v. Chicoine - Copyright Infringement
U.S. v. Garza - Distribution of Cocaine
U.S. v. Hmaidan - Counterfeit Cigarettes, Counterfeit Currency
U.S. v. Hernandez - Distribution of Methamphetamines
U.S. v. Light - Distribution of Child Pornography
U.S. v. Lemire - Fraud to Obtain Firearms
U.S. v. Martinez, M. - Sexual Abuse of a Minor or Ward
U.S. v. Menchaca - Distribution of Cocaine
U.S. v. Monsavias - Poss. Prohibited Firearms
U.S. v. Moore - Distribution of Methamphetamines
U.S. v. Mora - Alien Smuggling
U.S. v. Ortman - Poss. Prohibited Firearms
U.S. v. Patel - Medicare Fraud
U.S. v. Pena - Bribery
U.S. v. Ramirez, Arturo - USDA Fraud
U.S. v. Rich - Insurance Fraud
U.S. v. Silva - Distribution of Cocaine
U.S. v. Studenney - Distribution of Child Pornography
U.S. v. Weaver - Manufacturing Marijuana

State Felony Cases:
State v. Adams - Possession of Marijuana, 4oz to 5lbs
State v. Alejandro - Felon in Possession of a Firearm
State v. Anderwald - Drugs/Aggravated Assault
State v. Bryand - Possession of Weapon in Prohibited Place
State v. Clark - Theft
State v. Colflesh - Arson
State v. Cruz - Driving While Intoxicated, 3rd
State v. Ferguson - Aggravated Sexual Assault, Unauthorized Recording of Sex
State v. Geary - Motion to Revoke Probation
State v. Guzman - Possession of Controlled Substance 1-4g PG1
State v. Harris - Possession of Controlled Substance less than 1g PG1
State v. Light - Possession of Child Pornography
State v. Long - Evading Detention with a Vehicle, Aggravated Assault, Serious Bodily Injury
State v. McDowell - Indecency with a Child
State v. McLean - Possession of Controlled Substance 1-4g PG1, Possession of Marijuana
State v. Mitchell - Possession with Intent to Deliver Controlled Substance 4 to 200 PG1, Repeater
State v. Morin - Possession of Controlled Substance less than1g PG1
State v. Ormston - Solicitation of a Minor
State v. Palme - Possession of Weapon in a Prohibited Place
State v. Puryear - Theft 20k-100k, Possession Dangerous Drug
State v. Ramos - Possession of Marijuana, 4oz to 5lbs
State v. Riten - Murder
State v. Rogier - Obtaining Drugs by Fraudulent Scheme III
State v. Stepherson - Possession of Controlled Substance 1-4g PG1
State v. Tavares - Arson
State v. Widman - Possession of Controlled Substance less than 1g PG1
State v. Williams, Henry - Possession of Controlled Substance less than 1g PG1
State v. Williams, Nathan - Attempt Possession of Controlled Substance less than1g PG1
State v. Zapata - Aggravated Sexual Assault of Child

State Misdemeanor Cases:
State v. Adams - Theft $50-$500
State v. Alvarez - Failure to ID, Motion to Revoke Probation
State v. Ambeau - Evading Arrest
State v. Archie - Possession of Marijuana, 0 to 2 oz
State v. Arias  - Possession of Marijuana, 0 to 2 oz
State v. Arias - Driving While License Invalid
State v. Bela - Possession of Marijuana, 0 to 2 oz
State v. Benavides - Driving While Intoxicated
State v. Black - Motion to Revoke Probation
State v. Castaneda - Theft $50-$500
State v. Chavarria - Assault Bodily Injury, Family
State v. Cruz - Failure to ID
State v. Farias - Theft
State v. Garcia - Possession of Marijuana, 0 to 2 oz
State v. Gonzalez, F - Theft
State v. Gonzalez, A - Possession of Marijuana, 0 to 2 oz
State v. Huron - Prostitution
State v. Hall - Driving While Intoxicated, Criminal Mischief
State v. Harkal - Burglary of Coin Operated Machine
State v. Harris - Theft
State v. Jasinski - Assault Bodily Injury, Family
State v. Jordan - Driving While Intoxicated; Dropped to Obstructing a Highway
State v. Luera - Theft
State v. Light - Driving While Intoxicated
State v. Maciel - Driving While Intoxicated, 2nd
State v. Martinez, E. - Possession of Marijuana, 0 to 2 oz
State v. Mena - Driving While Intoxicated
State v. Mendez - Assault Bodily Injury, Family
State v. Mincy - Possession of Marijuana, 0 to 2 oz
State v. Moldenhauer - Possession of Marijuana, 0 to 2 oz
State v. Ortiz - Theft
State v. Ortiz - Unlawful Carry, Possession of Marijuana, 0 to 2 oz
State v. Olivo - Motion to Revoke Probation, Possession of Marijuana, 0 to 2 oz
State v. Palmer - Assault Bodily Injury, Family, Terroristic Threats
State v. Parkison - Resisting Arrest
State v. Pacheco - Assault Bodily Injury, Family, Violation of Protective Order, POM, DWI
State v. Pearce - Interference with Official Duties
State v. Pople - Criminal Trespass
State v. Puryear - Possession Dangerous Drug
State v. Ramirez - Possession of Marijuana, 0 to 2 oz
State v. Ramirez, Jose - Driving While Intoxicated 2nd, Failure to ID
State v. Ramos-Cuellar - Driving While Intoxicated, Theft
State v. Redlin - Possession of Marijuana, 0 to 2 oz, Assault Bodily Injury, Family
State v. Reynosa - Failure to ID
State v. Rich - Texas Parks & Wildlife Deer Breeder Violations
State v. Richardson - Possession of Marijuana, 0 to 2 oz, Evading Detention
State v. Robinson - Possession of Dangerous Drug
State v. Sanchez - Theft
State v. Sanders, Emily - Theft $500 to $1500
State v. Santana - Evading Detention, Hindering Apprehension
State v. Scott - Telephone Harassment
State v. Smith, J. - Possession of Prohibited Knuckles
State v. Sosa - Possession of Marijuana, 0 to 2 oz
State v. Stephens - Possession of Marijuana, 0 to 2 oz
State v. Trevino - Motion to Revoke Probation
State v. Teves - Failure to Id
State v. Tondre - Possession of Marijuana, 0 to 2 oz
State v. Ushery - Criminal Trespass
State v. Vasquez - Possession of Marijuana, 0 to 2 oz
State v. Vela - Theft
State v. Vigil - Driving While License Invalid
State v. Vonsneidern - Racing
State v. Williams - Driving While License Invalid
State v. Wood - Prostitution
State v. Zangda - Possession of Marijuana, 0 to 2 oz
State v. Zangda - Motion to Revoke Probation

Appeals and Writs of Habeas Corpus:

Federal:
U.S. v. Forte - Distribution of Cocaine
U.S. v. Rana - Medicare Fraud
U.S. v. Moreno-Gonzalez - Distribution of Cocaine
U.S. v. Mosely - Distribution of Marijuana
U.S. v. Rana - Medicare Fraud

State:
State v. Goodrich - Manslaughter
State v. Manziel - Probation Revocation
State v. Molina-Neave - Extradition
State v. Music - Indecency with a Child, 7 Counts
Ex Parte Long - Bond
Ex Parte Molina - Neave - Bond
Ex Parte Molina - Neave - Extradition
Ex Parte Music - Indecency with a Child, 7 Counts
Ex Parte Riten - Bond
Ex Parte Zapata - Aggravated Sexual Assault of Child

Dismissals and Non-Prosecutions
U.S. v. Forte - Distribution of Cocaine Presidential Commutation

U.S. v. Smyth - Possession of Explosives & Firearms
U.S. v. Ivone - Possession of Child Pornography
U.S. v. Salas - Alien Smuggling
U.S. v. Santana - Larceny on a Military Base
State v. Alvarez - Theft 50 to 500
State v. Ambeau - Theft $1500-$20,000-vehicle, Evading Arrest with vehicle
State v. Avila - Resisting Arrest
State v. Beard - Possession of Marijuana, 0 to 2 oz
State v. Benavides - Evading Arrest
State v. Bermudez - Driving While Intoxicated
State v. Black - Possession of Marijuana, 0 to 2 oz
State v. Camacho - Assault Bodily Injury, Family
State v. Carroll - Possession of Marijuana, 0 to 2 oz
State v. Coleman - Assault Bodily Injury, Family
State v. Contreras - Driving While Intoxicated
State v. Contreras, M. - Assault
State v. Espinoza - Driving While License Invalid
State v. Fisher - Criminal Mischief
State v. Fleischacker - Terroristic Threat
State v. Flowers - Minor in Possession of Alcohol
State v. Galloway - Possession of Marijuana, 0 to 2 oz
State v. Gardner - Assault Bodily Injury, Family
State v. Geary - Assault Bodily Injury, Family
State v. Gonzales - Possession of Controlled Substance 1-4g PG1
State v. Goff - Assault
State v. Gradner - Interference with 911
State v. Hernandez, R. - Possession of Controlled Substance 1-4g PG1, Theft $1500-$20,000 - Vehicle
State v. Hernandez, L. - Assault Bodily Injury, Family
State v. Herrera - Graffiti
State v. Hussain - Minor Driving Under the Influence of Alcohol
State v. Hyatt - Driving While Intoxicated
State v. Keen - Assault Bodily Injury
State v. Lawrence - Assault Bodily Injury
State v. Laughlin - Criminal Mischief
State v. Leal - Racing Homicide (3 Counts)
State v. Long - Possession of Marijuana, 0 to 2 oz
State v. McIntyre - Assault Bodily Injury, Family
State v. Morris - Assault Bodily Injury, Family
State v. Parkoff - Theft
State v. Peters - Minor in Possession of Alcohol
State v. Ramos - Assault
State v. Reid - Assault Bodily Injury, Family
State v. Reder - Driving While Intoxicated-Open Container, POM
State v. Sanchez - Driving While License Invalid
State v. Sears - Assault Bodily Injury
State v. Smith - Assault Bodily Injury, Family #1
State v. Smith - Assault Bodily Injury, Family #2
State v. Stephens - Assault Bodily Injury, Family
State v. Tallon - Driving While Intoxicated
State v. Terrell - Assault
State v. Williams - Receiving Stolen Checks
State v. Williams, Nathan - Possession of Controlled Substance <1g PG1
State v. Zimmerman - Theft