Blog Posts in May, 2009
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Posted on May 30, 2009 By Herman Martinez
The Harris County District Attorney's Office is considering a progressive approach to the way that first time DWI offenders are prosecuted. The plan being considered is to grant a pretrial ...
Continue reading "A New Approach To DWI Prosecution" »
Posted on May 30, 2009 By Herman Martinez
I have discussed steroid use in baseball a lot with my friends. It has been an issue with us for most of this decade if not earlier. Today, the current saga involving Alex Rodriguez,, Miguel Tejada, ...
Continue reading "MLB Illustrates The Pitfalls Of Talking To The Government" »
Posted on May 29, 2009 By Herman Martinez
Since we have been criminal defense attorneys for over ten years we have represented clients in just about every profession. Routinely, we inform people that are in the airline industry that a pending ...
Continue reading "Your Criminal Case May Restrict Your Travel" »
Posted on May 29, 2009 By Herman Martinez
As a Criminal Defense Attorney people regularly call me or reach this blog trying to get a motion for non disclosure for their DWI. I hope by stating this very clearly these type of inquiries will be ...
Continue reading "Do Not Bother Seeking a Motion For Non Disclosure For Your DWI" »
Posted on May 29, 2009 By Herman Martinez
As a Houston DWI Lawyer I like to inform my clients of what to expect in a DWI case. I tell my client's that they need to be careful what they wish for in a criminal court case. For example, a lot ...
Continue reading "The SCRAM Device Is How Much?" »
Posted on May 29, 2009 By Herman Martinez
Would you smoke marijuana if it was legal? I definitely see that the pendulum has swung toward decriminalizing or legalizing marijuana in the United States. NPR goes one step further and explores how ...
Continue reading "The United States of Potheads" »
Posted on May 28, 2009 By Herman Martinez
That is correct some states like Iowa and Minnesota make a seperate crime to refuse the breath test even if you are later found innocent of a DWI. Hopefully, we will never see the day that Texas makes ...
Continue reading "Refusing The DWI Breath Test a Criminal Offense?" »
Posted on May 28, 2009 By Herman Martinez
Since I have been a Houston DWI lawyer DWI checkpoints have been outlawed in Texas. That could be changing if a proposed bill becomes law. These checkpoints allow the police to stop anyone without ...
Continue reading "DWI Checkpoints On The Way Back To Texas" »
Posted on May 28, 2009 By Herman Martinez
What ever happened to being presumed innocent...just this week I overheard a judge reprimanding a person on bond for DWI that his driving habits were not normal according to his interlock log. I ...
Continue reading "Judges Checking Your Driving Habits While On Bond" »
Posted on May 28, 2009 By Herman Martinez
As a Houston Criminal Defense Attorney I must admit that I was shocked when I heard a rumor regarding the Harris County District Attorney's Office implementing a new policy whereby prosecutors would ...
Continue reading "Selective Probation In Harris County, Texas" »
Posted on May 27, 2009 By Herman Martinez
Adrian Garcia, Harris County Sheriff, admits that a new jail in Harris County, Texas is necessary to avoid any lingering problems with his jail. I hope that the Sheriff informed the Commissioner's ...
Continue reading "Coming Soon...A New Harris County Jail." »
Posted on May 26, 2009 By Herman Martinez
Since I have have received a few calls this week from people seeking a motion for non disclosure after completing a deferred adjudication for an assault of a family member I feel I needed to post a ...
Continue reading "Assault of a Family Member and Motion For Non Disclosure" »
Posted on May 26, 2009 By Herman Martinez
In a lot of instances a court will initially set a very high amount in a case. For example, in a theft case where the value of the alleged property that was stolen is one hundred thousand ($100,000) ...
Continue reading "Get Your Bond Reduced" »
Posted on May 26, 2009 By Herman Martinez
As a Houston DWI Attorney I dislike having to break it to people all the costs that are associated with a DWI. Most people know the consequences of a DWI conviction. There is jail, fines, and the ...
Continue reading "The Costs of a DWI in Houston, Texas" »
Posted on May 25, 2009 By Herman Martinez
The simple answer is probably not. Most people believe that a case may be thrown out of court if the police officer does not provide them with their "Miranda warnings" when they are arrested. I am ...
Continue reading "Will My Criminal Case Be Dismissed Because I Was Not Read Rights?" »
Posted on May 25, 2009 By Herman Martinez
I was in a Criminal Defense seminar for couple of days and during one of the ethics portions of the seminar I could not believe my ears. Someone posed the following question: what if someone wants to ...
Continue reading "Crimnal Ethics Speaker Advising To Lie?" »
Posted on May 25, 2009 By Herman Martinez
It looks like the Harris County, Texas District Attorney's Office went full force in the enforcement of the First Marathon Memorial "No Refusal" Weekend. The program netted over 200 DWI ...
Continue reading "Memorial Weekend DWI Arrests" »
Posted on May 24, 2009 By Herman Martinez
As a DWI Attorney I get to witness how each court treats people accussed of DWI. The courts of Harris County, Texas are always attempting to monitor a person's alcohol consumption when charged ...
Continue reading "What Is This Scram Device The Judge Ordered?" »
Posted on May 24, 2009 By Herman Martinez
Texas law requires a county like the size of Harris is required to videotape anyone that is arrested for DW I. Most agencies usually leave their tape with the District's Office within the week of the ...
Continue reading "Missing DWI Video" »
Posted on May 24, 2009 By Herman Martinez
The Houston Chronicle is reporting that the Houston Police Department is asking for over a million dollars from City Council so that another group of scientists, from Dallas, may review the work from ...
Continue reading "Will the Houston Crime Lab Ever Be Trusted?" »
Posted on May 24, 2009 By Herman Martinez
Mr. Y came into our office because the police has been trying to get in touch with him. He had an idea what it is concerning, but was not sure if he should explain to the police what happened. The ...
Continue reading "The Police Want To Talk To Me...What Should I Do?" »
Posted on May 23, 2009 By Herman Martinez
Another common question that a criminal lawyer in Houston gets asked is... I got probation a while ago and I want to know how can I get this off my record. First, it must be determined what type of ...
Continue reading "Clearing My Criminal Record" »
Posted on May 22, 2009 By Herman Martinez
A question that I get asked routinely as a Houston Criminal Lawyer : "There is a warrant out for my arrest...I do not want to go to jail." "What should I do?" This is a situation everyone would like ...
Continue reading "Get A Bond Before The Police Arrest You" »
Posted on May 21, 2009 By Herman Martinez
When a client comes into my office I stress to them that they are presumed to be innocent. I emphasize this because we are lucky enough to live in a country where that is the law. Thus, I find it ...
Continue reading "Consequences Of A DWI" »
Posted on May 21, 2009 By Herman Martinez
As Memorial Day approaches I know a lot of Houston Criminal Lawyers; be it prosecutors or defense attorneys that are looking forward to wearing their seersucker suits this summer. Typically, the ...
Continue reading "Houston Criminal Attorney Ready To Wear His Seersucker Suit" »
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