Recent Blog Posts

What Do I Need To Do To Get A Pretrial Diversion In Houston, Harris County, Texas

Herman Martinez — Wed, 25 Apr 2012 20:13:00 GMT

As I have mentioned before, there are two types of community supervision, (probation) in Texas. One is probation, the other is deferred adjudication. What a lot of criminal lawyers do not mention to their clients is Pretrial Diversion. I am not sure if the criminal attorneys that do not alert their clients of Pretrial Diversion is because of a lack of knowledge or because it is so difficult to obtain when compared to a probation or deferred adjudiction. One of the most important requirements for a person seeking entry into the Pretrial Diversion program is a completely clear criminal record. Typically, even a case that was previously dismissed will preclude someone from entering the Diversion program. If someone is seeking entry into the program in Harris County, Texas these are some of the things needed:

PRETRIAL DIVERSION APPLICATIONS SUGGESTED CONTENT

1. The application should be submitted at least one week prior to the next court setting.

2. A statement should be detailing the following: summary of the circumstances of the offense charged; a statement of any mitigating factors, including a statement of why you deserve this extraordinary benefit; a statement explaining the current home life, including information regarding support systems; the statement must admit guilt, but it will not be used against you if you are not allowed to enter the program.

3. A complete representation of any juvenile or adult criminal history, including pending cases in other jurisdictions, arrest that have not been expunged.

4. All content should be race neutral.

5. Current family and residential information. PLEASE STATE IF YOU DOE NOT LIVE IN HARRIS COUNTY OR AN ADJOINING COUNTY OR RESIDE OUT OF STATE. THIS MAY AFFECT ELIGIBILITY. PERFORMANCE UNDER THESE AGREEMENTS IS EXPECTED TO TAKE PLACE IN HARRIS COUNTY, TEXAS. THEY ARE NOT TRANSFERABLE.

6. Photographs, original awards or certificates; you may have received.

7. Include verification of current and past school enrollment, including transcript, if possible.

8. Include verification of your current and past employment (Resume suggested).

9. Letters of recommendations (at least 2).

THE APPLICATION PACKET SHOULD BE LIMITED TO 10 PAGES OR LESS

ALL APPLICANTS ARE EXPECTED TO BE DRUG FREE WHILE THEIR CASES ARE PENDING AND MAY BE TESTED ON THE DATES THEIR CASES ARE SET IN COURT. THE INABILITY TO PASS A DRUG TEST ON THE DATE THE CONTRACT IS TO BE SIGNED MAY CAUSE THE APPLICATION TO BE DENIED.

Marijuana Case On 4/20

Herman Martinez — Fri, 20 Apr 2012 21:54:00 GMT

Of course, as a Houston Marijuana Lawyer, it is fairly typical to be representing someone on 4/20. For those that are searching for the answer to "what is 4/20?" or "why did my son just say 'happy 4/20?' April 20th is celebrated as a National "Weed" smoke out. I doubt that anyone that does not smoke marijuana regularly will choose to light up "Dave Chappelle style" for this day. One day of smoking in a state like Texas that does not allow citizens to legally smoke marijuana even if they obtain a prescription can cause some harsh consequences. Most of my clients charged with marijuana possession are more upset with getting their driver's license suspended then having a conviction on their record. Today's client was no different, he wanted to make sure that he kept driving legally.

I Want A Copy Of My Offense Report

Herman Martinez — Thu, 12 Apr 2012 20:21:00 GMT

As a practising Houston Criminal Lawyer I have always found it to be annoying that the Harris County, Texas District Attorney's Office (HCDAO) makes me take notes of my client's offense reports. Many other jurisdictions in Texas give the lawyer representing the accused a copy of the report. Luckily, the policy changed recently in Harris County. Nevertheless, that does does not mean that this allows me to release the report to my client. Many clients want the offense report for their own records. In fact, DWI clients frequently obtain what they think to be the complete report from the polilce agency that arrested them for drunk driving, but these reports are not complete. The reports that are given to the public exclude essential details of the offense/crime. Once I go over the report that I obtain from the HCDAO my client inevitably wants their copy. Regretfully, I have to tell my client that despite the fact that my file is essentially their file I can not give them the offense report because in order to get the report I have to enter into the following agreement.

NO.___________________________

STATE OF TEXAS § IN THE COUNTY CRIMINAL

§ COURT OF LAW NO. ____

Vs.

JOE SMITH § HARRIS COUNTY, TEXAS

CONFIDENTIALITY AGREEMENT

TO THE HONORABLE JUDGE OF SAID COURT:

The State of Texas files this Confidentiality Agreement in the above styled case wherein counsel of record for the defendant agrees as follows:

I, Herman Martinez, hereby agree, individually and on behalf of my client, to the following with respect to the State's disclosure of information, documents, or items in the above- reference cause:

That I and any experts or qualified staff or consultants acting on my behalf or my client's behalf under my direction/ supervision, agree to use any documents and or items from the State's file solely for the purpose of defending against the charges in the above-captioned case and for no other purpose.
Any items provided to me, including copies of police reports, will not be disseminated to the media, to the defendant, to the defendant's family or friends, or to any other person, expect defense experts, qualified legal staff, or legal consultants acting on my behalf or my client's behalf and under my direction/ supervision.
The access I am provided to the State's file and/ or items therein does not constitute a voluntary disclosure or waiver by the State under the Texas Public Information Act.
A Defense attorney who acts in violation of this discovery policy may be denied copies of police offense reports and/ or access to the State's files.

___________________________________

Counsel for Defendant

__________________________________

Date

Respectfully submitted,

__________________________________

Assistant District Attorney,

Harris County, Texas

Harris County, Texas Theft Trial

Herman Martinez — Thu, 12 Apr 2012 20:14:00 GMT

I am not the type of criminal defense attorney who brags about a win, but I was especially annoyed that the State made my client go to trial on a theft case that should have been dismissed without going to trial. It took all of ten minutes before the jury found my client not guilty of the crime. Some chief prosecutors understand the difference between a case that needs to go to trial and one that needs to get dismissed. Other prosecutors are just scared to dismiss cases where a complaining witness is upset that the facts do not go in their favor. These cases should not go to trial, but the prosecutor gets bullied. A prosecutor should never allow a complaining witness force them to trial when it is clear that the person is not guilty of the charges. Frankly, I am not sure if this is the prosecutors personality or does the current Harris County District Attorney's Office "handcuff" their assistants so much that they are afraid to make the right call despite the fact that it may be a difficult one to explain to their witnesses.

How Can I Get My Case Dismissed If I Am Guilty?

Herman Martinez — Mon, 02 Apr 2012 20:51:00 GMT

The way people are treated when they are arrested in Houston, Harris County, Texas leads them to believe that they are guilty until they can prove their own innocence. Luckily, this is not the law in the criminal justice system despite beliefs to the contrary. Since most criminal cases do not go to trial, innovative ways need to be developed by a criminal defense attorney to get a get case dismissed or prevent a person from getting a permanent conviction on their record. One of the main ways a person is able to prevent a conviction is by obtaining a deferred adjudication. A deferred adjudication is a form of community supervision or probation that prevents a conviction from becoming final on a person's record. Once a person successfully completes the deferred adjudication they may petition the court for a non disclosure (sealing of the records). Some cases may be "sealed' immediately while others have a waiting period. The down side of a deferred adjudication is that the Government will also see the record even if it gets "sealed." An even better way to prevent a conviction on someone's record is by doing a Pretrial Diversion. A Pretrial Diversion is better than a deferred adjudication because it allows a person to expunge, clear, or destroy all records pertaining to the arrest. Most importantly, the Government will NEVER be able to see the arrest in the future. An example of a Pretrial Diversion is Astros Centerfielder, Jordan Schafer, who was arrested for marijuana possession.

How Much Do I Need To Pay To Get Out Of This Trouble?

Herman Martinez — Fri, 30 Mar 2012 21:22:00 GMT

This is a comment I get from clients all the time who are desperate to resolve the jam they find themselves in when arrested for a criminal charge. My clients are typically willing to do whatever it takes to get their charges dismissed after an arrest. I wish every case was as easy as paying restitution to an alleged victim for the case to go away. Unfortunately, most criminal cases are not resolved in this matter. A proper defense to a criminal accusation involves much more than throwing money at the issue. As a criminal defense lawyer I have to caution my clients that want to spend their money before properly investigating for legal reasons to get the case dismissed.

A person may be a billionaire like John Goodman, who was recently convicted of DWI Manslaughter, but before trial settled the civil suit with the victim's family. The settlement of the case did not prevent the prosecutors from seeking a convicton in his case. Nevertheless, the fact that he has paid a significant amount may impact the punishment he receives from the court.

Whether it is a sexual assault, indecent exposure, criminal mischief, or even child pornography it is better to allow a lawyer to handle all aspects of the case, including paying any damages that may be owed.

May I Get a Second Opinion Of My Criminal Case?

Herman Martinez — Fri, 23 Mar 2012 19:36:00 GMT

I was reading the unfortunate situation of Joakim Soria, Kansas City Royal closer, who decided to undergo season ending surgery after getting a third opinion when I realized why people think it is so easy for a lawyer to give an opinion on a case. In a criminal case like sexual assault, or drug possession it is not that easy. Unlike in the medical situations a lawyer does not have all the information to review a case immediately. An attorney needs to review an offense report, investigate the facts, talk to the prosecutors among other things before giving a professional opinion. The offense report is obtained by the hired lawyer on the case who signs a confidentiality agreement with the District Attorney's Office that states they will not release the report to anyone.

Daily, I receive a telephone call from someone that wants me to advise them what to do with their case despite the fact that I am not their lawyer. It would be unethical of me to give an opinion on a case that where I do not have the offense report, gone to court, or properly invesitigated the facts. I realize that I provide a free initial consultation, but that does not go as far as stating that I will give them legal advice.. In fact, a lawyer can not give legal advice unless they have been hired by the client. It would be unfair to the client, and the attorney(s) to give an opinion on the possibilities of getting a case dismissed or winning at trial before doing the aforementioned. I realize that being charged with a crime is a traumatic experience, and all someone wants is some reassurance, but that is why they hire a lawyer. If someone is calling me despite having hired someone it tells me they have lost confidence in their attorney. I try to reassure a person that calls me with concerns that they are entitled to a trial, presumed innocent, and are free to hire the lawyer that they choose. Nevertheless, I am precluded from giving advice before I have been hired on the case.

Sample Harris County, Texas Pretrial Diversion Contract

Herman Martinez — Mon, 12 Mar 2012 19:11:00 GMT

As a Houston Criminal lawyer I help people in different ways. Once way I help people is by keeping a conviction off their permanent record. A pretrial diversion allows this to happen. Best of all, it allows someone to have their record cleared after they complete program. Below you will find a sample contract to enter the pretrial diversion program.

If you have any questions please do not hesitate to contact me. Please be advised that may apply to most cases like assault, child abuse, sexual assault, theft, shoplifting, possession of marijuana, or even public lewdness.

MOTION AND AGREEMENT FOR PRE-TRIAL INTERVENTION

COMES NOW, HARRIS COUNTY, DEFENDANT, the defendant in the above styled and numbered cause and the State of Texas, by and through the District Attorney, and requests the Court to reset this case until one year from the date this document is signed.

As grounds for said request the defendant would show the Court as follows:

Name and Offense

My name is HARRIS COUNTY, DEFENDANT, and this is my true name and I have never used or been known by any

other name.

I am charged with and I am guilty of the offense of Houston, Harris County, Texas crime.

This offense is alleged to have occurred in Harris County, Texas, on or about January 1, 2000.

I have never been charged with an offense, other than a minor traffic offense, except as may be explained in an attachment to this motion which shall be made a part hereof for all purposes, in this or any other jurisdiction.

Prior Criminal History

I have never been convicted of any offense, except as may be explained in an attachment to this motion that

shall be made a part hereof for all purposes, in this or any other jurisdiction.

I have never been granted probation or deferred adjudication, except as may be explained in an attachment to

this motion which shall be made a part hereof for all purposes, nor have I been previously placed in any type

of intervention program in this or any other jurisdiction.

Drug and Alcohol Issues

I am not an abuser of alcohol or any other chemical substance and will voluntarily take a urine test or any

other test to determine the presence of a chemical substance whenever requested by the Harris County Community Corrections and Supervision Department (hereinafter called the "Department").

I will take the S.A.L.C.E. test and provide a sample of my urine to the said Department within 30 days of the

date of this Agreement.

I will submit to random urine analysis at the direction of my Supervising Officer during the period of this

Agreement.

Community Supervision Programs

I agree to participate faithfully in the following program(s) supervised by the Department:

I further agree to participate in all programs recommended by the Harris County Community Supervision

and Corrections Department.

Fees

I agree to pay fees as directed by the Court or by the Department to cover the cost of my participation in the

intervention program. I understand that the total of these fees will not exceed $60.00 per month

beginning one month from today.

I will pay a drug testing fee of $5.00 per month beginning April 2, 2012.

I will pay a fee of $12.50 and obtain an Offenders Identification Card within thirty days of the date of this

Agreement.

Reporting

I will report to the Department today, ______nd on the 2nd day of each and every month thereafter, unless otherwise directed in writing by the Department or by the court, until _____

Community Service

I will voluntarily and faithfully participate in community service programs for a total of ____hours over the next

three hundred sixty-five days as directed by the Department at the rate of a minimum of 8 hours per month beginning April 2, 2012.

Other Conditions

I agree that I will not violate the laws of this state, any other State, the United States, or any political

subdivision of these jurisdictions during this intervention period. I agree that should any such violation

occur this agreement is immediately void and without force and effect.

Theft Cases

I will not enter a Store during the period of this Agreement.

Law of Parties Cases

I stipulate, admit, and confess that I committed the above-listed offense with the following individuals:

Defendant's Information

My home address is in Houston, Texas.

I will not change my home address without first giving written notice to the Department within five days of each such change.

General Conditions

I will appear in his court as directed by the court or by the Department. Notice of my appearance date may

be mailed to me at the above home address unless I have given written notice of a new home address to the Department, in which event written notice to the new address shall be sufficient. If I do not appear in this court as directed I understand a warrant will be issued for my arrest.

I will either be a full-time student or obtain full-time employment during the pendency of this Agreement.

I further agree and understand that during the term of supervision, I am strictly prohibited from shipping,

transporting, possessing, receiving, or purchasing a firearm, altered firearm, or ammunition, or attempting to

ship, transport, possess, receive, or purchase a firearm, altered firearm, or ammunition.

Based upon the above representations by the defendant herein, the State of Texas and the defendant herein,

hereinafter called the "parties", now enter into the following agreement:

That if the defendant does not satisfactorily participate and complete all the terms and conditions of this agreement that this agreement is void and the above styled and numbered cause will be scheduled on this court's docket as if there had been no intervention agreement. The defendant agrees that the District Attorney may declare this agreement void at any time, and in such event, this criminal action will be docketed with the court as if there had been no intervention agreement. The defendant acknowledges that he may not be eligible for an expunction upon the completion of this agreement and the dismissal of this case. The defendant agrees that this case will be controlled by the terms of the Code of Criminal Procedure, Article 55.01, and, if under the terms of that statute, he is eligible for expunction, he will not seek expungement of his criminal record for two years from the date that he successfully completes this Intervention and the case is dismissed from the docket of this court. The parties agree that if the defendant successfully completes the terms and conditions of this agreement to the satisfaction of the district attorney, the district attorney will move to dismiss the above styled and numbered cause.

I, HARRIS COUNTY, DEFENDANT, the defendant herein, have read all of the above agreement and hereby swear it is true and correct and represents the total agreement between the State of Texas and me.

SUBSCRIBED AND SWORN TO before me this _______.

Defendant's Signature Person Administering Oath

Printed Name of Defendant

Address

Telephone

Attorney for Defendant

Printed Name

Address

Telephone

Agreed to, and approved by,___________, Assistant District Attorney for Harris County, Texas.

Assistant District Attorney

Harris County, Texas

COURT ORDER

CAUSE NUMBER ______________

THE STATE OF TEXAS	§	IN THE COUNTY CRIMINAL COURT
vs.	§	AT LAW NUMBER ____
HARRIS COUNTY, DEFENDANT	§	OF HARRIS COUNTY, T E X A S

Upon motion by the defendant, and agreement by the State of Texas, by and through the District Attorney of Harris County, Texas, the Court ORDERS that:

1. The defendant shall pay a pretrial intervention fee of $

for each month this agreement is in effect. This payment shall be made to the Department, who is hereby ordered to collect said amount and to supervise the performance of this agreement;

2. The defendant shall perform this agreement as set out above; and;

3. That the above styled and numbered cause is hereby reset until , unless otherwise ordered by this Court.

Signed and ordered this

Presiding Judge Right Thumbprint

In the County Criminal Court-At-Law Number

Harris County, Texas

Defending A Sexual Assault Case In Houston

Herman Martinez — Sat, 04 Feb 2012 15:39:00 GMT

One of the biggest challenges as a Houston Criminal Defense Attorney is defending a sexual assault case.The reason being is when picking a jury for this type of case most people are uncomfortable wih the issues that are going to be discussed. Additionally, when picking a jury there are always a few people that have been victims of sexual assault or have a family member that have been a victim. When discussing this issue publicly the person becomes highly emotional putting me in an awkward positioin and potentially "poisining" the rest of the jury panel. Fortunately, they recognize that they will not be a "fair" jury in this type of case. At the end of the day, picking a jury is a misnomer. What really happens is that people are disqualified for different reasons and the first twelve that are not excluded or "struck" by the prosecutor and me are the ones that get to sit as a jury. For example, last week I was picking a jury that went to the last person on the panel to become jurors because so many of the jury panel members had issues with this type of case.

The Dirty Little Secret Of Kids And Drug Possession

Herman Martinez — Wed, 01 Feb 2012 21:48:00 GMT

One of the many changes high schools have made since I attended school is the amount of children that are prescribed drugs to treat different conditions. Most of the drugs that the kids are prescribed today are illegal without a prescription. In fact, a drug that would normally be a misdemeanor if possessed by a person is enhanced or "bumped up" to a felony charge if they are found to be in possession of drugs in a "drug free zone" like a school. I wonder how a parent would feel if their child was charged with a felony for buying medication from another student at school who has obtained the medication legally? To make matters worse, the student that sold the drugs is unlikely to be charged with the crime.

One other thing to keep in mind is that a child that is 17 years of age in Houston, Harrris County, Texas is considered to be an adult. Thus, a child would be arrested along with serious offenders which would be a scary situation for the child and their parents.

Discovery Order For Harris County, Texas County Criminal at Law #8,

Herman Martinez — Thu, 05 Jan 2012 22:13:00 GMT

Judge Karahan, a former prosecutor, and Houston Criminal Defense Attorney understands how important it is to have all the evidence in a case before being able to properly evaluate a case. Thus, he has the following discovery order in place for all criminal cases in his court.

YOUR CASE NUMBER HERE

THE STATE OF TEXAS	§	IN THE COUNTY CRIMINAL
	§
vs.	§	COURT AT LAW # 8
	§
YOUR NAME HERE	§	HARRIS COUNTY, TEXAS

DISCOVERY ORDER

The State is ORDERED to furnish to Defendant:

1. A list and the addresses of witnesses the State intends to all in its case in chief by filing a subpoena list with the Clerk of the court.

2. All written, transcribed or electronically recorded audio and/or video statements of the Defendant along with all confessions or statements, whether verbal or otherwise, made pursuant to Art 38.22 C.C.P., including all portions of offense reports containing a verbatim account of the statement.

3. Inspection of:

a. All items seized from Defendant, co-defendant or any accomplice.

b. All physical objects to be introduced as part of the State's case.

c. All documents, photographs, electronic audio and/or video recordings, investigative charts or diagrams to be introduced at trial.

d. All contraband, weapons, implements of criminal activity seized or acquired by the state or its agents in the investigation of this case.

e. All records of conviction that may be admissible in evidence or used for impeachment of Defendant.

f. All tangible items of physical evidence collected by the state or its agents concerning the alleged offense including, but not limited to, latent fingerprints, hairs, fiber, fingernail scrapings, body fluids, tire tracks, paint scrapings, etc.

g. All extraneous offense, to be described by date, time, and place, which may be admissible against Defendant.

h. All known psychiatric/ psychological reports concerning Defendant.

4. All promises of benefit or leniency afforded to any accomplice or prospective witness in connection with his/her proposed testimony or cooperation with regard to the alleged offense.

5. All known convictions admissible to impeach State's proposed witnesses.

6. All known convictions, pending charges or suspected criminal offense of any accomplice who is a prospective State's witness.

7. Copies of all complaints, search warrants (with related affidavits) and laboratory reports of all examinations of contraband or fingerprints.

8. Inspection of all business records or government records that the state expects to offer into evidence.

9. All exculpatory evidence pursuant to Brady V. Maryland and related cases.

10. The State must produce all of the above items that are in the possession of the State's attorneys or which are known, or with exercise of due diligence, known to be in the Possession of the investigating officers or other agents of the State.

11. All video and tape recordings that depict Defendant or his/her image and or voice including any scene videos.

12. As soon as is practicable, any document, diagram, model, summary r other chart prepared by the State as demonstrated evidence or "Jury aid".

13. In appropriate cases, the State is encouraged to allow the Defense to inspect offense reports and witness statements in advance of trial. Such reports and statements are normally work product of the State and are therefore protected from mandatory disclosure unless the contents are exculpatory. These materials must be tendered to the Defense for cross-examination on proper request as required by law.

The State and the Defendant SHALL disclose:

In writing to the other party the name or names and the addresses of each person the respective party may use to present evidence under rules 702, 703, and 705, Texas Rules of Evidence, at the trial in this case, at least twenty (20) days before the trial is scheduled to begin but in any event no later than ____________________________________________.

EXCLUSIVELY OF THIS ORDER/ ADDITIONAL DISCOVERY REQUESTS

This order will dispose of all pretrial discoveries and specified request motions previously filed. In this event that additional particularized discovery is necessary, the Defense must file a written Motion for Discovery, addressing only matters not covered in this order, to be presented to the Court for consideration at the earliest practical opportunity before trial. Article 39.14 (b) of the Code of Criminal Procedure will control the discovery of experts.

PRODUCTION and COMPLIANCE UNDER THIS ORDER

Unless another time is specified above, the State is ORDERED to furnish the above items for inspection and/ or copying on or before the 10^th day before trial. The Defense must exercise reasonable diligence to contact the State's Attorney and arrange a mutually convenient time and place for compliance. Any objection to the failure of the State to comply with this Order must be in writing and filed with the Court on or before the 5^th day following the deadline for discovery compliance.

It is counsel's responsibility to notify the court immediately of any compliance issues under the terms of this Order. Any Defense objection to the State's discovery compliance will be set for a hearing before the Court.

ORDERED AND ENTERED this _________ Day of ________________ 20____.

_______________________________________

Jay Karahan, Judge Presiding

APPROVED AS TO FORM AND SUBSTANCE

State _________________________________

Defense _________________________________

My Dog Takes Over The Photo Shoot

Herman Martinez — Thu, 24 Nov 2011 20:00:00 GMT

My clients that read this blog have requested that I post more personal information so people can learn more about me outside of the area of criminal law. I understand that, but I think most people come to this blog to know what is going on in Houston, Texas in the criminal defense arena. Recently, it came time to do our holiday pictures and my wife thought this would be fun to include our dog, Dawson, our Golden Retriever in the pictures. I was hesitant about bringing our dog to a photo shoot. While he is a well behaved dog I did not know how he would do in a strange environment. It's very normal to take him on walks and dog parks but going to a photo studio is new territory for him. We even refrain from taking him to a kennel when we travel, opting for a housesitter instead. Yes, my wife spoils our dog. I must admit that Dawson exceeded my expectations. The camera caught his sweet nature and I swear he was smiling in just about every shot. He was a natural. What do you think?

Are You Willing To Pay For Your Criminal Defense Lawyer To Gain Experience?

Herman Martinez — Thu, 24 Nov 2011 18:25:00 GMT

How would you like to be paying for your lawyer to get the necessary experience to properly defend your case?Every Attorney's website claims to have experience regarding their chosen area of law. I always find it curious when a lawyer claims to have all this knowledge when they have been practicing law for less than five years or when they fail to mention in their website that they recently graduated from law school.

The reality is that law school does not do a very good job in preparing a lawyer to become a criminal defense attorney. A legal education is mainly about abstract concepts and theory. Rarely, does a student get the practical experience of handling a case from start to finish with a mentor or instructor.

Unlike the medical field the legal field does not have a residency program to start working on cases. Once a lawyer passes the bar they can start working on cases. I have always felt like my three years as a prosecutor served as residency in criminal defense.

If major corporations are not willing to pay law firms to train their new attorneys why should you hire a novice to defend you in a criminal case like sexual assault when facing the possibility of going to prison. While I understand that a "baby lawyer" may be less expensive I would think your freedom is worth spending the extra money to get the defense you deserve.

How Do I Remove This Protective Order?

Herman Martinez — Sun, 20 Nov 2011 13:27:00 GMT

One of the most common things that judges do in an assault case involving a family member is to order a no contact between the person accused of the crime and the alleged victim in the case especially if the victim requests one.. In serious felony cases like aggravated assault or a felony case involving choking the judge will order a protective order without consulting the victim. Additionally, if a person is being charged with a domestic violence case for the second time judges tend to lean towards making the no contact part of the person's bond conditions permanently. A protective order or no contact order causes a lot of strain on a relationship. Typically, when cooler heads have prevailed the parties involved realize that they want to unite and want to stop living separate lives, but fear that if they do the person will be in violation of the judge's orders. As you may imagine violating a judge's order could result in a person returning to jail even if they are innocent of the original crime.

Once a couple makes up their mind that they want the protective order removed they must convince the judge that there is no immediate danger if removed. Even then most judges are reluctant to rescind the order without reviewing the surrounding circumstances carefully. Some judges never terminate the no contact order. Others like Harris Criminal County Court at Law #2, Judge William Harmon require the person requesting the protective order to be lifted to meet with a counselor or case worker within the Harris County District Attorney's Office before entertaining the idea of removing the order. If the person still wants the protective order removed after speaking with the case worker Judge Harmon will rescind the order.

What Is Jerry Sandusky's Sexual Assualt Lawyer Thinking?

Herman Martinez — Tue, 15 Nov 2011 22:10:00 GMT

I generally do not like to comment about high profile cases, but I was floored when I heard Brian Williams, NBC's "Nightly News" anchor promote that he would, on his Monday night show "Rock Center" be interviewing alleged child rapist, Jerry Sandusky. By now everyone knows the alleged facts surrounding this horrific situation. The crime has shaken not only Penn State University, but has captured the attention of the nation. It caused legendary football coach Joe Paterno to be fired.

What occurred on the the Rock Center last night goes against everything you learn about criminal defense in law school. It is criminal defense 101. I do not understand why a lawyer that is representing someone that is charged with raping several children would allow his client to be interviewed. Even Bob Costas, who interviewed Sandusky understood it was not a smart thing to do. Nevertheless, his lawyer allowed it to happen and it is going to backfire if and when a sexual assault trial takes place. Nothing is gained by talking to the media in such a situation. A person that is charged with raping a young boy can not explain it away during a phone interview on television. It is the lawyer's job to explain this to them in no uncertain terms. I would probably get it in writing that my client is doing the interview despite my recomendation against talking to anyone about the allegations. Not suprisingly, Sandusky is being vilified even more after his comment that he enjoyed young people and loved being around them. Perhaps, that was well meaning, but it did not come across that way. He is going to be hammered with that comment if he ever testifies in a court of law. A sexual assault or rape case is hard enough to defend without your client making such damaging comments.