Criminal Defense Record

Daphne Silverman

Below is a sample of my record in criminal defense matters.   I have handled well in excess of 200 felony cases in state and federal courts ranging from  capital murder to trafficking in narcotics, and mail/wire fraud to government bribery.  In addition, I have handled countless misdemeanor cases in both state and federal courts.  Success in previous cases certainly does not guarantee success in future cases, but it does reflect upon a lawyer’s knowledge, skill, and instinct.

Case Charge Ruling
Federal Cases:    
United States vs. Sayavongsa Unnamed
(Texas)
(2nd chair)
Conspiracy to possess with intent to distribute 25 kilos of cocaine and 6000 doses of ecstasy Not guilty
United States vs. Imad Mokaddem (IM)
(2nd Chair)
Conspiracy to manufacture cocaine based upon allegations that the defendants were selling “cut” for cocaine and sending the proceeds to Lebanon to support terrorism Indictment Dismissed
United States vs. Lionel Harris (LH)
(Texas)
Conspiracy to Defraud the United States Indictment Dismissed
United States vs.  Sheila Black (SB)(Wyoming) Conspiracy to possess with intent to distribute and distributing 1.5 – 5 kilos of methamphetamines 5 Years Supervised Release
*Supervised release is virtually unheard of in federal court.  I have secured supervised release for 4 clients.
United States vs. Jane Doe
(Eastern District of Missouri)(substitute name for privacy)(file sealed)
Import violation of prohibited items from prohibited country (espionage case) 5 Years Supervised Release and $200,000 fine
United States vs. Jane Doe (Montana) (substitute name for privacy) Conspiracy to possess with intent to distribute in excess of 500 grams of methamphetamines Charges Dismissed
United States vs. Jane Doe
(Texas)
Mail fraud Supervised Release
United States vs. Cynthia Bone
(Mississippi) (CB)
Theft from postal service Supervised Release
United States vs. Mary Cuadros (MC) Alien Smuggling with an allegation of a death caused by the smuggling Defendant originally faced the death penalty. I filed a motion for bill of particulars followed by motion to dismiss the death portion of the indictment. The motion to dismiss was granted. The defendant then plead guilty and was sentenced to 22 months.
Military Cases:    
US Navy vs. Sias Unnamed Rape Not Guilty
US Air Force vs. MSgt Brian Woodard (BW) Assault on a Military Officer Not Guilty
US Navy vs. McMillan (Unnamed) Solicitation of Controlled Substance and Theft Not Guilty
US Navy vs. pilot Organizing Tailhook Immunity from prosecution and retention in the US Navy after administrative separation hearing
State Appellate Cases:    
Richard Hart (RH) vs. State of TX Appeal of Aggravated Assault with a knife, original sentence 8 years in prison Court of appeals granted permission to file out of time Motion for New Trial. After motion filed and witnesses heard, Trial Judge granted Motion for New Trial and resentenced to probation
Joel Guillen (JG) vs. State of MS Writ of habeas corpus in large narcotics case alleging conflict of interest by attorney Supreme Court of Mississippi ordered the trial judge to hear evidence on the writ
State Cases:    
State of TX vs. Mohamed Ahmed (MA) Aggravated Kidnapping & Sexual Assault Dismissed, Pled to a Misdemeanor of unlawful restraint
State of MS vs.
O. D. Smith (ODS)
Capital Murder Not Guilty
State of MS vs. Christen Stewart (CS) Capital Murder Not Guilty
State of MS vs. Todd Mitchell (TM) Armed Robbery Directed Verdict in Favor of Defendant
State of MS vs. Sam Goudy, Jr. (SG) Two Counts of Transfer of a Controlled Substance; Two remaining Counts dismissed by prosecutor Dismissed by Judge due to violation of Constitutional right to speedy trial
State of MS vs. Avery Leshore (AL) Armed Robbery Mistrial / Jury Deadlocked
State of MS vs. Charles Anderson (CA) Murder and Arson Not Guilty on arson charge
Conviction on reduced charge of manslaughter
State of MS vs. Brink(Unnamed) Capital Murder Convicted but sentenced to life in prison instead of death
State of TX vs.
Glen Van Houten (GVH)
Sexual Assault Jury Verdict 11 to 1 for acquittal.  Charges Dismissed
State of TX vs. Jaylene Kubena (JK) Felony DWI Not Guilty
State of MS vs.
John Doe
Sexual Assault on a minor Charges Dismissed with grand jury packet
State of TX vs. Jane Doe Possession of a room full of marijuana (over 300 pounds) in her house Grand jury no billed with grand jury packet
State of TX vs. Mark Pool (MP) Aggravated Assault on Family Member Charges Dismissed on day of trial
State of TX vs.
Terrance Bowie (TB)
Burglary of Habitation Charges Dismissed
State of TX vs. Ivory Gipson (IG) Burglary of Habitation Charges Dismissed
State of TX vs.
Victoria Torres (VT)
Engaging in Organized Criminal Activity Charges Dismissed
State of TX vs. Christopher Lee (CL) Delivery of Controlled Substance Charges Dismissed
State of TX vs. Byron Freeman (BF) Theft, value in excess of $20,000 Charges Dismissed with Jury in the hall
State of TX vs. Paul Craine (PC) Possession of controlled substance Charges Dismissed on day of trial
State of TX vs. Shawn Hinderman (SH) Auto Theft Charges Dismissed on day of trial
State of TX vs. Alexander Duarte (AD) Possession of Controlled Substance Charges Dismissed by the Court
State of TX vs. Tangela Jones (TJ) Forgery Charges Dismissed
State of TX vs. Youssef Yanouri (YY) Burglary of Building Charges Dismissed
State of TX vs. John Doe Violation of a Protective Order Charges Dismissed Preindictment
State of TX vs. Jane Doe Prostitution Charges Dismissed Preindictment
State of TX vs.
John Doe
(Marine Veteran)
Trespass Charges Dismissed Preindictment
State of MS vs. Patrick Roche (PR) Aggravated assault Charges Dismissed
State of MS vs.
Tran (T)
Murder Resolved by plea agreement reducing charge to manslaughter and sentenced to 3 years
State of  MS vs. David White, Jr. (DW) DUI causing Death Resolved by plea agreement and sentenced to 7 years in MDOC
State of TX vs. Antonio Lewis (AL) Aggravated Assault Reduced to misdemeanor assault and time served (client habitual)
State of TX vs. Jeffrey Adio (JA) Aggravated Robbery Client plead guilty tith no recommendation. Judge sentenced to Deferred Adjudication
State of TX vs. Jane Doe Assault on Public Servant Reduced to misdemeanor punished by fine only
State of TX vs. Lyndell Alex (Unnamed) Assault on Public Servant Reduced to misdemeanor assault and 20 days to serve
State of TX vs. Lachancie Jones (LJ) Possession of Controlled Substance Reduced to misdemeanor time served (3 days)
State of TX vs. Wesley Fields (WF) Aggravated Assault (true habitual) Reduced to Attempted Deadly conduct and time served
State of TX vs. Ashley Kucharski (AK) Robbery Dismissed in exchange for plea to class B misdemeanor theft
State of TX vs. Shawn Hinderman (SH) Theft of Automobile Dismissed
State of TX vs. Beau Spikes (Unnamed) Felony DWI Reduced to Misdemeanor DWI
State of TX vs. Teru Maragh (TM) Felony Possession of Controlled substance Reduced to misdemeanor
State of TX vs.
Gabriel Moncada (GM)
Felony Possession of Controlled substance Reduced to misdemeanor
State of MS vs. Anthony Collins (AC) Felony Possession of Controlled Substance Reduced to misdemeanor charge of possession of paraphernalia
     
State of MS vs. Robert Jones (RJ) Felony Possession with intent to transfer a controlled substance Reduced to misdemeanor
State of MS vs. Joshua Gallant (JG) Murder Pursuant to plea agreement, reduced to manslaughter
State of MS vs. William McNeal (WM) 3 charges of sexual battery on 3 different disabled women Pursuant to plea agreement, sentenced to 12 years to serve in MDOC
State of MS vs. Rodney Stewart (RS) Murder, Armed Robbery, DUI, Felon in Possession of a Weapon Pursuant to plea agreement, Murder charge dismissed, armed robbery reduced to grand larceny, sentenced to 13 years to serve in MDOC
State of TX vs. Rodger Felder (RF) Robbery Reduced to class B misdemeanor theft and sentenced to 6 months Harris County jail
State of TX vs.
Teryck Haywood (TH)
Burglary of Habitation X 2 Deferred Adjudication
State of TX vs. Rodney Thomas (RT) Possession of cocaine Reduced to Misdemeanor
State of TX vs. Tory Chatman (TC) Theft 3rd offense Reduced to Misdemeanor
Probation Revocations:    
State of MS vs. Christian Belton (CB) Probation violation with new drug charge Returned to probation
State of MS vs.
William Montgomery (WM)
3rd probation violation Returned to probation
Parole Revocations:    
State of TX vs. Simon Stewart (SS) Parole Revocation Continued Supervision
State of TX vs. Raquel Irick (RI) Parole Revocation Non-revocation action: allowed to discharge
State of TX vs. Michael Humphrey (MH) Parole Revocation Continued Supervision
State of TX vs. Donald Hughes (DH) Parole Revocation Non-revocation action: allowed to discharge
State of TX vs. Glen Deats (GD) Parole Revocation Continued Supervision
State of TX vs. Kenneth Gilford (KG) Parole Revocation Continued Supervision
State of TX vs. Lawrence Mathews (LM) Parole Revocation Continued Supervision
State of TX vs.
Alfred Garza (AG)
Parole Revocation Continued Supervision
State of TX vs.
Michael Edwards (ME)
Parole Revocation Continued Supervision
State of TX vs. Adan Truijillo (AT) Parole Revocation Continued Supervision