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Recent Blog Posts in December 2009

December 26, 2009
  Charlie Sheen's arrest is typical.
Posted By Herman Martinez

Sadly, the Sheen household is having a Christmas they would like to forget.  Unhappily, this is what commonly happens when there is a domestic violence situation.  They arrest the man and ask questions later especially if the man has a prior conviction for this offense.  I understand the rush to judgment since for decades this crime went overlooked by law enforcement.  Nevertheless, the police are allowing these latent biases tragically affect families.  A proper investigaton should still take place without rushing to judgment. I see this happen routinely as a Houston Assault Attorney.  The woman is initally seen crying, distraught and frantic. While in this emotional state the woman enhances the story in her favor.  Contrastingly, the man acts understated while he tells his story in a muffled tone. The man instinctively thinks this is the way he should act.  Unfortunately  his remorse is interpreted as a sign of guilt by the police.

These domestic violence situations tend to arise out of a passionate relationship that is unable to properly address a recurring problem.  This inablility leads to resentment that causes the violence.  Furthermore, the situation is magnified when one or both of them have been driinking.  Once it is apparent that the disagreement will not be resolved an uproar ensues and the police are called,  Law enforcement should provide better training to the officers responding to these situations so that they are better able to diffuse the scene instead of enflaming it.

Continue reading "Charlie Sheen's arrest is typical." »

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December 25, 2009
  Holiday DWI causes Scotsman to lose their vehicle
Posted By Herman Martinez
I am sure Mothers Against Drunk Drivers (MADD) would love the United States to follow the law that Scotland has passed. Recently, Scotland passed a law that allows the government to seize the vehicle from a repeat DWI offender.  Click here if you would like to read the full story.
Continue reading "Holiday DWI causes Scotsman to lose their vehicle" »

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December 21, 2009
  Houston Criminal Courthouse Holiday
Posted By Herman Martinez

Please keep in mind that Harris County Criminal Justice Center will be closed this Thursday the 24th of December as well as Friday the 25th of December for the Christmas holiday.

Enjoy your hoidays!

Continue reading "Houston Criminal Courthouse Holiday" »

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December 21, 2009
  Do I have to pay the reinstatement fee after my DWI?
Posted By Herman Martinez
Please keep in mind that the DWI reinstatement fee only needs to be paid if you lose your license.  The main reasons a person loses their drivers license in Texas for a DWI is because they lost their ALR hearing, they were sentenced to jail time instead of probation, or they have more than one DWI conviction.  Regardless, a person does not have to pay a reinstatement fee if their drivers license is not suspended.  As experienced Houston DWI Lawyers we frequently save a person's license by winning their ALR hearing regardless of the fact if they blew over the legal limit or a blood test was performed..
Continue reading "Do I have to pay the reinstatement fee after my DWI?" »

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December 18, 2009
  The last trial of 2009
Posted By Herman Martinez

This week we had our last trial of 2009.  Houston, Harris County, Texas will not be having any more trials because it stops requesting people to appear for jury duty during the holiday season.  On behalf of every Houston Criminal Defense Lawyer I want to thank every person that appears for jury duty.  The criminal justice system would not be able to run without you.

Our firm, Madrid and Martinez, had a very succesful year in trial.  We achieved great results for our clients in trial and before reaching trial.  I am proud of the work that Mario and I do for people.  Lastly, we like to thank our clients that continue to refer their friends or family to our law firm.  That is the greatest compliment a former client can give us.

Continue reading "The last trial of 2009" »

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December 18, 2009
  More Judges stepping down
Posted By Herman Martinez

It looks like Judge Mike Anderson, presiding judge of the 262nd District Court of Harris County and Judge Reagen Helm, presiding judge of Harris County Criminal Court at Law #1have both decided not to seek reelection.  Both of these judges will be missed for different reasons.  Judge Anderson is beloved by the prosecutors for the toughness he displays.  Meanwhile the prosecutors have been trying to remove Judge Helm from all family violence cases because of his lack of compassion for the victims in those type of cases.

As a Houston Criminal Defense Lawyer I have been treated fairly by both judges. I have known Judge Anderson since I was in the Harris District Attorney's Office over ten years ago.  Moreover, I was friends with Judge Helm's Court Coordinator, Karen Harrison, before I became attorney.

Continue reading "More Judges stepping down" »

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December 17, 2009
  DWI Field Sobriety Myths
Posted By Herman Martinez
As a Houston DWI Lawyer I review DWI field sobriety tests daily.  It troubles me how police officers score these tests and how they lack the necessary detail in their reports. By routinely doing this it illustrates their lack of knowledge of the DWI tests and their zeal for a DWI arrest. The officers mislead the prosecutors by omitting crucial information and subscribing to the field sobriety myths that have developed over the years.  For example, officers routinely state that a person uses their arm for balance when performing the DWI field sobriety tests and indicate that as a clue.  However, a person is allowed to use their arms for balance so long as it not more than six inches away from their side.  In fact, during the instruction phase of the walk and turn test a person is allowed to use their arms for balance so long as they maintain the start position.  Another myth is that a person must touch heel to toe when performing the walk and turn tests.  This is incorrect a person is allowed a half an inch between their heel and toe when performing this portion of the test.  Most officers do not realize this despite it being in their manual for DWI detection.  With the help of an experienced DWI Attorney you should be able to uncover the officer's lack of knowledge of the field sobriety tests.
Continue reading "DWI Field Sobriety Myths" »

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December 17, 2009
  Family Violence Domestic Turns Deadly
Posted By Herman Martinez
As a criminal defense lawyer that deals with domestic violence cases I see the emotional impact that these situation cause the entire family.  The last few years I have seen woman charged with assault of a family member more readily.  Regardless of who is at fault in these cases they can become deadly in a heartbeat.  Sadly, Chris Henry, Cincinnati Bengals receiver, became one of the most prominent victims of a domestic violence that turned deadly.  Hopefully, the NFL will take this sorrowful event to educate its massive audience to the dangers surrounding a domestic dispute.
Continue reading "Family Violence Domestic Turns Deadly" »

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December 11, 2009
  Radio Interview
Posted By Herman Martinez
Since I am a Houston Criminal Defense Lawyer I know how the court appointed system works in Houston, Texas.  Today, I will be discussing the various issues regarding the proposed Harris County Public Defenders Office at the KPFT studios. My aim is to enlighten listeners to the current system of how attorneys are selected in Harris County, Texas.  It seems that the public is misinformed how the court appointed system works in our county.
Continue reading "Radio Interview" »

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December 11, 2009
  The Harris County District Attorney's Office Gift to you
Posted By Herman Martinez
Happy Holidays from the Harris County District Attorneys's Office.  Just in time for the holidays the DA's office has decided to expand the no refusal DWI program through the holidays.  Please keep in mind that the program will continue through January 2, 2010.  The DA's office states how many DWI arrests have been made during previous no refusal weekends, but I am more concerned how these figures compare with a regular DWI enforcement weekend.  These figures should be available since the no refusal weekends have been in place for over a year.  Once these numbers become available the citizens of Harris County will be able to intelligently determine if it is worth having them in the future.
Continue reading "The Harris County District Attorney's Office Gift to you" »

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December 10, 2009
  Houston Abogados
Posted By Herman Martinez
Si udsted busca un abogado en Houston que hablar Espanol llama mi oficina (713) 225-1038.  Si quiere ver mi website oprima aqui.
Continue reading "Houston Abogados" »

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December 04, 2009
  Drinking alcohol while it is snows in Houston
Posted By Herman Martinez

Snow has been falling steadily in Houston since this morning and the commute looks to be terrible since the roads are going to be slick even it stops snowing.  There will be several accidents this evening due to the weather.  Please drive safely today.

Do not make things worse by stopping for a quick happy hour drink.  A simple snow related accident will turn into something much worse...a DWI.   A police officer is likely to arrest you when this happens since they will smell an odor of alcohol and you will not be able to do the field sobriety tests at the scene because of the weather.  After being arrested without any evidence I would find it unlikely that anyone would submit to a breath test. Keep in mind that police officers have a different burden of proof when arresting someone for driving while intoxicated than they have to prove in a court of law.

Continue reading "Drinking alcohol while it is snows in Houston" »

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