Freddie Fender Verified Attorney

David A. Breston
Criminal Defense · DUI / DWI Defense
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Freddie's Review
The Jury Said Six Years. David A. Breston Helped Turn the Conviction Into an Acquittal.
A guilty verdict has the sound of finality. The courtroom empties, the sentence is entered, and the system begins moving forward as though every important question has already been answered. But criminal cases can contain hidden fault lines—and David A. Breston has built a career around finding them.
Consider Baban v. State. A jury convicted the defendant of family-violence assault and imposed six years in prison. Breston entered the case as appellate counsel and challenged a fundamental problem: the jury had been allowed to convict the defendant of an offense that was not charged in the indictment. The Fourteenth Court of Appeals agreed that the error caused egregious harm. It reversed the conviction and rendered a judgment of acquittal on the indicted felony. For a client staring at six years behind bars, that was not an academic distinction. It transformed the legal outcome.
That appellate victory reflects the experience Breston has accumulated since establishing the Law Office of David A. Breston in 1997. A Houston native, he earned his undergraduate degree in history and his law degree from the University of Texas. He went on to build a practice that has handled more than 4,000 matters across state and federal criminal defense, juvenile defense, and immigration law. He is also admitted before the United States District Court and Bankruptcy Court for the Southern District of Texas.
The firm’s published results show that its work is not limited to appeals. Breston’s practice has secured dismissal of a case involving failure to stop and render aid and intoxication assault on a peace officer. Its record also includes dismissals in cases involving possession with intent to deliver drugs, controlled-substance possession, misdemeanor marijuana possession, DWI, and failure to comply with sex-offender requirements. In one particularly telling DWI matter, Breston and his team obtained a complete dismissal for a driver who produced a breath result below the legal limit. The client walked away without accepting even a reduced traffic plea.
Breston’s criminal-defense practice is strengthened by something many defendants do not realize they may need until it is too late: immigration experience. An arrest, plea, or conviction can carry consequences extending far beyond jail or probation, potentially threatening lawful status, permanent residence, or the ability to remain with one’s family. Breston handles deportation and removal proceedings as well as family-based immigration matters, giving his office the ability to examine both sides of that danger. His membership in criminal-defense and immigration-law organizations reflects that dual focus.
His work also extends to juvenile and interstate matters. In one published client account, Breston intervened when a young man faced extradition from Mississippi to Texas. The extradition was prevented, and the client was released from jail and returned home to his family. Breston’s ability to communicate in Spanish adds another practical advantage for clients and relatives trying to understand a criminal process that can already feel impenetrable.
The public response is substantial. The Law Office of David A. Breston maintains a 4.8-star Google rating across 626 reviews—an unusually large body of feedback for a practice entrusted with criminal accusations, immigration emergencies, and the futures of young clients. Past outcomes cannot predict what will happen in another case, but Breston’s appellate victory, documented dismissals, extensive case experience, and ability to confront both criminal and immigration consequences give prospective clients meaningful reasons to take his record seriously.
That combination of experience, reputation, verified professional standing, and public credibility is why David A. Breston was included on FreddieFender.com.
Credentials
- Juris Doctor, University of Texas School of Law, 1997
- Bachelor of Arts in History, University of Texas at Austin, 1993
- Admitted to practice before the United States District Court for the Southern District of Texas
- Admitted to practice before the United States Bankruptcy Court for the Southern District of Texas
- Member, Texas Criminal Defense Lawyers Association
- Member, National Association of Criminal Defense Lawyers
- Member, Harris County Criminal Lawyers Association
- Member, American Immigration Lawyers Association
Career Highlights / Proven Experience
Career Highlights
- Founding Attorney: Established the Law Office of David A. Breston in 1997 and developed its practice across state and federal criminal defense, juvenile defense, and immigration law.
- Extensive Case Experience: Leads a firm that has handled more than 4,000 criminal, juvenile, and immigration matters, including serious state and federal prosecutions.
- Criminal-Immigration Capability: Represents clients in criminal cases, deportation and removal proceedings, and family-based immigration matters—an important combination when an arrest or conviction could threaten a client’s legal status in the United States.
- Bilingual Representation: Speaks Spanish and leads a legal team capable of serving clients in both English and Spanish.
Proven Experience
- Six-Year Felony Conviction Reversed: Served as appellate counsel in Baban v. State, winning reversal of a six-year family-violence conviction after the Fourteenth Court of Appeals determined that the jury had been permitted to convict on an uncharged offense. The court rendered a judgment of acquittal on the indicted felony.
- Intoxication-Assault Case Dismissed: His firm secured dismissal of a case involving failure to stop and render aid and intoxication assault on a peace officer.
- Drug-Delivery and Possession Cases Dismissed: His firm obtained dismissals in matters involving possession with intent to deliver drugs, controlled-substance possession, and misdemeanor marijuana possession.
- DWI Dismissed Without a Lesser Plea: Breston and his team obtained a complete dismissal for a client arrested for DWI despite a breath result below the legal limit. The case ended without a reduced traffic plea.
- Sex-Offender Compliance Charge Dismissed: His practice secured dismissal of a charge alleging failure to comply with sex-offender requirements.
- Interstate Extradition Prevented: Prevented a client from being extradited from Mississippi to Texas; the client was released from jail and returned home to family.
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