Recent Blog Posts in December 2009

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.

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!

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.

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.

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.