Mr. Bergquist has argued over 25 criminal cases to a jury and has obtained many more dismissals. With his aggressive trial strategy, Mr. Bergquist vigorously fights to the end.
Interesting and recent cases follow:
Criminal Defense Cases
- Prostitution – Not Guilty Based on Entrapment.
-Houston Police Officer, on-duty and in uniform, was caught on video and audio tape taking a confidential informant posing as a prostitute to a motel and attempting to engage in sexual conduct.
- Possession of Heroin - Motion to Suppress Granted, Case Dismissed.
-Two individuals were traveling from South Texas to Miami in a rental vehicle. They gave conflicting stories and showed signs of criminal activity. A K-9 search revealed a substantial amount of heroin within secret compartments of the vehicle. Court found prolonged detention in violation of Fourth Amendment.
- Homicide (potential charges) – Immunity in Exchange for Testimony.
- Negligent Homicide – Dismissed Week of Trial.
- Brownsville – Drug Conspiracy, Racketeering and Enterprise.
Defendant was one of numerous Individuals charged with a multi-count 20 year conspiracy, racketeering and enterprise drug case. A 25 page motion to suppress was filed and argued. The Court denied the motion to suppress; however, the record was strategically preserved for an excellent chance for the 5th Circuit to reverse the Trial Court’s denial.
- Injury to a Child - Dismissed Before Closing Arguments.
-The victim and the victim’s family were made to look like such liars on the stand from thorough and aggressive cross examination that the prosecutor filed a motion to dismiss with only closing arguments remaining.
- DWI (second offense) – Not guilty.
-Defendant was passed out behind the wheel of his vehicle which was in drive and in the middle of traffic with open containers in his vehicle.
- DWI – Hung Jury.
-Defendant was a Houston Police Officer with open containers in his vehicle. Defendant failed Field Sobriety Tests according to arresting officer.
- DWI – Hung Jury.
-Defendant was an ex-professional football player with three outstanding traffic warrants and failed the breathalyzer by blowing a .12. Defendant also failed Field Sobriety Tests according to arresting officer.
- Possession of Marijuana – Not Guilty.
-Defendant confessed and was detained in a vehicle with a strong odor of marijuana.
- Assault of a Family Member – Not Guilty Based on Self Defense.
The Law Offices of David W. Bergquist PLLC has recovered substantial dollar amounts for victims and their families from negligent parties and insurance companies. The Law Offices of David W. Bergquist, PLLC fights for every dollar to which you are entitled under the law.
Interesting and recent settlements follow:
Personal Injury Cases
- Wrongful Death Truck Accident
Client Settlement (Wife) — $ 186,000.00
Client Settlement (Daughter) — $ 124,000.00
A “pusher” for a construction company was transporting workers from Houston to Beaumont for work in his personal vehicle. He negligently drove off the road causing the death of our clients’ husband and father. Construction company argued driver not in “course and scope” of employment and medical emergency, and thus, not liable. Case settled at mediation just prior to trial.
- 4-Wheeler / Truck Accident
Client Settlement — $36,000.00
Our client was illegally riding a 4-wheeler on a city street and speeding. A truck backed out of his driveway when our client crashed into his side. He flew in the air 30 feet and skidded on the cement. He broke his arm and foot and had numerous abrasions. Defendant argued Plaintiff’s fault, and thus, not liable. Case settled at mediation just prior to trial.
- Automobile Accident
Client Settlement — $43,491.19
Our client’s vehicle was negligently struck by a truck that was being used at a construction site. Prior to this accident, our client had a laminectomy. Her back injury was exaggerated and re-injured as a result of this accident. The insurance company argued preexisting injury and no liability. The third party insurance company and the first party insurance company tendered policy limits.
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