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Recent Blog Posts in July 2009

July 30, 2009
  Houston DWI Lawyers Discuss Pretrial Diversion
Posted By Herman Martinez

Today, many Houston DWI Defense Attorneys attended a meeting with Roger Bridgwater, the assistant district attorney that is heading up the Pretrial Diversion program in Harris County.  The meeting was very informative.  Some of the highlights of the meeting are as follow:  first, and as a general rule anyone that has been handled by the police before will be ineligible for the program (including dismissals, not guilty verdicts, and PI cases).  Second, anyone with a felony charge will not be eligible (DWI child passenger cases).  Thirdly, the probation department will be supervising the person during the program and finally an ignition interlock with a camera will be required.  A person may be released from their surety bond pending completion of the program.  The length of the pretrial will be from 1-2 years depending on how they score after being tested and evaluated by the probation department.

A draft of the contract that will be required to be executed was handled out at the meeting, I will comment on that in a later post along with the type of people the program aims to help.

Continue reading "Houston DWI Lawyers Discuss Pretrial Diversion" »

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July 28, 2009
  M.A.D.D. Is Even Upset With Their Friends
Posted By Herman Martinez
As a Houston DWI Attorney I am grateful that the Harris County District Attorney's Office is implementing the Pretrial Diversion Program.  One question that has gone unanswered thus far is whether a DWI with a child passenger, a felony, will qualify for the new pretrial diversion program?  I am hopeful that the administration will treat this first time offender the same as one that is charged with a misdemeanor.
Continue reading "M.A.D.D. Is Even Upset With Their Friends" »

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July 28, 2009
  Does A First Time Felony Qualify For Pretrial Diversion?
Posted By Herman Martinez
As a Houston DWI Attorney I am grateful that the Harris County District Attorney's Office is implementing the Pretrial Diversion Program.  One question that has gone unanswered thus far is whether a DWI with a child passenger, a felony, will qualify for the new pretrial diversion program?  I am hopeful that the administration will treat this first time offender the same as one that is charged with a misdemeanor.
Continue reading "Does A First Time Felony Qualify For Pretrial Diversion?" »

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July 15, 2009
  Woman Committing Family Violence
Posted By Herman Martinez

First Steve McNair at age 36 and then Arturo Gatti at age 37. Both allegedly killed by women in their early 20s. Two retired sports figures who both had the reputation of being absolute warriors. McNair an MVP who played hurt and almost carried the Tennessee Titans to a Super Bowl victory. Gatti a former junior welterweight champion who fought in some of the best fights of his generation.

Tragic. Both still very young.  Both left behind children. In my practice as a Houston Criminal Defense Attorney I often defend those accused of Family Violence , sometimes called Domestic Violence. The overwhelming majority of these cases involve accusations of a man committing violence against a women. Although women are charged with Assault Family Violence, it is rare.

When police are called out to the scene of a "domestic disturbance" and a women is accusing a man of assault, that man better be ready to go to jail. I am confident that the intentions of  police in these situations and the prosecutors they speak with are to protect and ensure that justice is served. However, mistakes are made. Fortunately in the United States, everyone is presumed to be innocent. It my job as a Houston Criminal Lawyer to convince a prosecutor or jury of this innocence.

Gatti and McNair are examples that women can and do commit family violence.

Continue reading "Woman Committing Family Violence" »

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July 15, 2009
  Houston Criminal Attorneys Welcome The Jail Czar
Posted By Herman Martinez
In case you missed it the Harris County Commissioners Court decided to appoint a Jail Czar to act as a liaison between the Harris County Judges and the Harris County Jail.  Caprice Cosper, former judge of the 339th district court, will serve as the Jail Czar.  I have personally seen Judge Cosper tirelessly work for the fair treatment of anyone charged with a criminal offense in Harris County.  Thus, I have no doubt that she will do the same job when it comes to seeing that a person is treated appropriately while incarcerateThe New Jail Czar is a friend of Houston Criminal Attorneys d in the Harris County Jail. 
Continue reading "Houston Criminal Attorneys Welcome The Jail Czar" »

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July 10, 2009
  Houston DWI Lawyer Comes Across a Sad Arrest
Posted By Herman Martinez
I wonder if law enforcement in other jurisdictions are so militant about DWI arrests as they are in Houston, Texas.  An example of how aggressively the police in Houston deal with these types of cases was seen recently when a man was charged for DWI as he drove around the block searching for his missing dog . The dog escaped from his backyard during the 4th of July fireworks celebration.  His wife convinced him that it would be better to get in his car to find y"Fido."  Unfortunately, on the way to retrieving their dog an unsympathetic Officer stops him and proceeds to charge him with DWI despite the fact that he is less than two blocks away from his house.  Luckily, even in Houston anyone charged with DWI is presumed to be innocent and entitled to a trial to determine if they are truly intI am not guilty of DWI!!! oxicated when they were driving. 
Continue reading "Houston DWI Lawyer Comes Across a Sad Arrest" »

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July 08, 2009
  July 4th- Houston DWI Arrest
Posted By Herman Martinez
As a Houston DWI Attorney I noticed an dramatic increase in the DWI arrests this past weekend.  Not surprisingly, the Harris County District Attorney's Office is boasting that this was the best "No Refusal Weekend" to date with over 300 arrests.  It looks like this is going to be a regular occurrence during any holiday weekend in Harris County, Texas.
Continue reading "July 4th- Houston DWI Arrest" »

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