Brian Marc Roberts

Brian M. Roberts is board certified in criminal law by the Texas Board of Legal Specialization, first certified in 2009. He started his legal career as a prosecutor with the Harris County District Attorney's Office, where he tried numerous misdemeanor and felony cases. He was a chief prosecutor responsible for supervising and training junior prosecutors and assisting them in trial. Mr. Roberts was promoted to the Special Crimes Bureau, Major Fraud Division, a coveted position he obtained because of his exceptional trial skills and legal acumen, surpassing many other senior prosecutors. Mr. Roberts handled serious financial crimes from inception to prosecution, including two stock fraud prosecutions with the assistance of the SEC. Mr. Roberts left the DA's office and established his firm dedicated exclusively to criminal defense. Mr. Roberts has established himself as a skilled negotiator and an outstanding trial lawyer successfully defending clients against serious crimes including murder, capital murder, aggravated robbery and sexual assault.

South Texas College of Law

Doctor of Jurisprudence/Juris Doctor (J.D.)

2003

Assistant District Attorney

Harris County District Attorney's Office

2003 - 2008

Mr. Roberts was assigned to the Trial Bureau for three years where he tried numerous misdemeanor and felony cases and was a misdemeanor court chief responsible for supervising junior lawyers. Mr. Roberts was then promoted to the Special Crimes Division Major Fraud Bureau where he investigated and prosecuted numerous felony cases, including organized prostitution, money laundering, stock fraud and major thefts.

Courthouse Confidential

Blog

Advanced Workshop on Ethics & Challenges in Forensic Evaluation, Conference / Continuing Education, The Harris Center

February 22, 2019

Capacity for Justice

Presented and answered questions on interactions between criminal defense attorneys and forensic psychology experts, and expectations of engagement in determining competency and/or sanity.

Board Certified in Criminal Law

Texas Board of Legal Specialization

2009

Top 100 Trial Lawyers

The National Trial Lawyers

2014

Nevada State Bar  # 10204

2006 - Current

Texas State Bar  # 24041790

Member

2003 - Current

Nevada

State Bar of Nevada

ID Number: 10204

Since 2006

Texas

State Bar of Texas

ID Number: 24041790

Since 2003

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Q. Nobody was arrested on scene. Do this mean were in the clear?

December 6, 2022

A: The answer is maybe. Usually, police will arrest the accused at the scene in a family violence case. An assault in a dating relationship is considered family violence. Your case may have been referred by the DA for further investigation, which is one explanation for why she was not arrested. In Texas, if an officer believes that family violence occurred, the accused can be charged even if the complainant does not want to file charges. Based on your description of the incident, it is a misdemeanor assault and the state has a 2-year statute of limitations to file a charge. The reality is that they will act within a few days or weeks. If she gets letters from bondsmen or lawyers, she has a warrant. You can call any bondsman and ask them to check if she has a warrant. If she does, contact a lawyer to see if she can arrange a walkthrough. Good luck! ... Read More

Q. I was visiting my friend in a trailer park I used to live in.manager follows me to his trailer and tells him I'm trespas

December 6, 2022

A: A property owner has the right to bar you from their property for any reason. Now that you have received a trespass notice, if you return to the property the owner can call the police and have you charged with misdemeanor criminal trespass.

Q. CPS cleared my son of any sexual abuse case against his daughter. Can the DA press charges on him months later.

December 5, 2022

A: CPS is not a law enforcement agency and has no power to arrest. Prosecutors will file charges if they believe a child has been sexually assaulted. Once a complaint is made, CPS and law enforcement get involved. In Harris County, children who make an outcry of sexual abuse are referred to the Children's Assessment Center to be interviewed by a social worker (the interview is video recorded) and to be examined by a doctor. If the case involves a delayed outcry, meaning the alleged conduct is reported days, weeks, months or even years after it allegedly happened, there is likely no medical evidence of sexual abuse, which the doctor will report is expected in cases of delayed outcry because sexual organs heal quickly. In child sexual assault cases, police rely on the findings of the "experts" at the Children's Assessment Center to make charging decisions. Bottom line, in many child sexual assault cases the only evidence of the offense is the child's accusation. There are a lot of moving parts to these cases and you really should speak with an attorney with experience defending child sexual assault cases. ... Read More