Recent Blog Posts in February 2010 |
| February 26, 2010 |
| Two Houston Attorneys Same Price |
| Posted By Herman Martinez |
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| I was surprised to know that some criminal law firms in Houston charge different prices for what attorney you choose. That is not the case with us. When you come to our office you will not deciding which of the lawyers you want to pay to handle your cimrinal case. You get all of us to handle your case at the same price. It does not matter if it is a Assault, DWI, Drug Case or anything else. |
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| Continue reading "Two Houston Attorneys Same Price" » |
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| February 24, 2010 |
| Houston News Questions the Harris County Welfare Fraud Division |
| Posted By Herman Martinez |
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| I was glad to see to see that the Houston Channel 2 News station decided to do a story about how the Harris County District Attorney's Office prosecutes welfare fraud cases. The reporter, Phil Archer, came to my office so that I could give my perspective on how these cases could be better handled. I have previously written in my Houston Criminal Law Journal about alternative ways that these downtrodden people could be prosecuted in a more appropriate way then the current methods that makes them a social leper with a conviction for a crime of moral turpitude. |
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| Continue reading "Houston News Questions the Harris County Welfare Fraud Division" » |
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| February 24, 2010 |
| Do I need a SR22 after my first drunk driving arrest in Houston? |
| Posted By Herman Martinez |
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| When people call my office after a DWI arrest they ask the question posted above. The answer is straighforward. Typically, the only reason a person would be required to apply for a SR22 arising out of a DWI or drunk driving arrest in Houston,Texas would be because they are seeking an occupational license. However, a SR22 is not requried in a lot of the cases we handle because a first DWI conviction would not cause a license suspension if jail time is avoided. Furthermore, if we save a person's license at the ALR hearing, where DPS is attempting to suspend your driver's license for providing a breath/blood alcohol sample above .08 or refusing to provide a sample altogether, an occupational license wil not be necessary. Therefore in most instances a SR22 is not necessary after a DWI arrest in Houston. |
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| Continue reading "Do I need a SR22 after my first drunk driving arrest in Houston?" » |
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| February 24, 2010 |
| Houston Drunk Driving |
| Posted By Herman Martinez |
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| Please not that there is isnt a difference between the terms drunk driving, dui, and dwi in Texas. Many people come to our office that they were not DWI. In our state it is all the same. |
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| Continue reading "Houston Drunk Driving" » |
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| February 23, 2010 |
| Two NFL players arrested for DWI in two days |
| Posted By Herman Martinez |
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The NFL season may be over, but does not mean that their players do not stop making news. NFL players Will Allen and Byron Westbrook were arrested this weekend in seperate instances. It is a shame when a person is merely arrested and it makes national news. Both of these men are presumed to be innocent.
Mr. Allen was arrested while passing a DWI checkpoint. Luckily, the citizens of Texas and more specificially Houston do not have to deal with these type of unreasaonable stops. I have discussed DWI checkpoints before on my journal. If you would like to see what I wrote last year click here concerning checkpoints and what the Texas legislature had in mind.
The Westbrook family is having a difficult week. Byron Westbrook's brother, Brian Westbrook, a NFL running back, was released from his Philadelphia Eagle contract today. I imagine both of these men can not wait for the next season to start since the playing field is where athletes are most able to put away their distractions. |
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| Continue reading "Two NFL players arrested for DWI in two days" » |
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| February 23, 2010 |
| Sore losers |
| Posted By Herman Martinez |
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Today, I received the judge's decision regarding an ALR hearing in Houston I had last week. The judge decided to suspend my client's drivers license despite the fact that I won her DWI trial in Houston. These officers decided to attend the ALR hearing only to make it more difficult for my client. They were upset and this was payback. I hate that this occurred. They are able to do this because they do not have to prove that my cilent was intoxicated. The proof that was required was that she refused a breath test in Harris County.
This is the first time as a Houston DWI Lawyer that a police officer attended an ALR hearing after the criminal case was dismissed. Some officers can be really spiteful! |
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| Continue reading "Sore losers" » |
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| February 21, 2010 |
| One phone call is easier then ten emails |
| Posted By Herman Martinez |
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Yesterday, I received an email inquiring why a bond would be $50,000. As it usually happens my reply illicited several other emails back and forth. I tried to explain that there is a bond schedule for all cases in Houston, Harris County, Texas. If you would like to see the schedule for yourself click here for the felony bond schedule and here for the misdemeanor bond schedule. The bond in any particular case may be raised after a request is made. I truly wish the person would have just called me instead of exchanging ten emails before I was able to answer all her questions.
For now on, I am going to answer at most two emails from the same person before I insist they call me on the phone to discuss a case. A five minute conservation is far more effecient then an unlimited amount of emails. Lastly, I am unable to quote a fee for a criminal case without talking to a person on the phone. |
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| Continue reading "One phone call is easier then ten emails" » |
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| February 19, 2010 |
| Finally a day without an ALR hearing |
| Posted By Herman Martinez |
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| After three straight days of ALR hearings, the hearings that save a person's drivers license after a DWI arrest. I am looking forward to going straight to theHarris County Criminal Justice Center. It would not be as bad as I make it out to be if I did not live so close to the courthouse. When I go to a ALR I have to out of town and fight traffic which I never do on a normal day getting to the courthouse. Additionally, the hearings interfere with the courthouse business since they start earlier and take some time. Mario Madrid, my business partner, and I usually split the hearings, but he was in a murder trial this week. |
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| Continue reading "Finally a day without an ALR hearing" » |
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| February 18, 2010 |
| Google talk |
| Posted By Herman Martinez |
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| I have been on google talk/chat for a year. I had not announced this before because I would rather have someone talk to me on the phone before I am comfortable talking via the internet on an instant messenger service. Moreover, I tell my clients that I am available through this medium every afternoon after lunch when I am not in trial. So if you want to reach me instantly via google chat my identification is mmalaw. |
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| Continue reading "Google talk" » |
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| February 17, 2010 |
| No client no trial... |
| Posted By Herman Martinez |
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| After a sucessful outcome to my trial on Monday I was geared up today to go trial on another case. I guess my client was not as excited as I was since he decided not attend for some unknown reason. Typically, I get a phone call or some indication that a client is not going to show up for court, but not in this case. I tried unsucessfully to reach him at the phone numbers he provided to try find out why he was not in court. Since I could not reach him I could not provide the court with a reason not to forfeit his bond. I hope nothing happened to him. Now, my client has a warrant for his arrest for not appearing as scheduled. I may be able to get his bond reinstated if he has a valid reason for not showing up to court. Otherwise, it is likely he will be arrested the next time he has contact with a police officer. |
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| Continue reading "No client no trial..." » |
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| February 16, 2010 |
| Acting as your own Houston DWI Lawyer is a bad idea. |
| Posted By Herman Martinez |
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| Anyone that is a Houston DWI attorney attends the administrative law revocation (ALR) hearings regularly. The purpose of these hearings are to determine if your license will be suspended. An experienced lawyer that handles DWI cases in Houston knows how to properly prepare for these hearings. From time to time, I witness a person attend these hearings without a lawyer. The pro se thinks that they can just tell the judge that they were not intoxicated and they will be able to keep their license. Inenvitably, the person gets frustrated that the judge continues to interrupt them to inform them that this is not the place to contest their intoxication. The person then gets embarrassed because a room full of lawyers are looking on and the pro se keeps feels like they are running into a brick wall during the hearing. The moral of the story is if you are going to hire a DWI lawyer for your criminal case make sure that they will also take care of the ALR hearing like our law firm does so that you do not feel like overmatched. |
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| Continue reading "Acting as your own Houston DWI Lawyer is a bad idea." » |
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| February 15, 2010 |
| A quiet Presidents day in Houston |
| Posted By Herman Martinez |
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Typically, the Houston, Harris County Criminal Justice Center is a beehive of activity on a Monday morning. To my surprise, after walking through the tunnel at the 1401 Congress garage the courthouse was very quiet. The dockets seemed much smaller then normal in the courts that I visited today. Perhaps, they coordinators anticipated some time with their kids since most public were closed today.
Additionally, when I arrived at my Houston Galleria Office it was equally quiet. Our office was the only one that was opened on our floor. I should have anticipated that the Cheesecake Factory, where we decided to have lunch, would be packed with families because of the holiday. |
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| Continue reading "A quiet Presidents day in Houston" » |
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| February 14, 2010 |
| Is the Harris County, Texas Courthouse is open on President's Day? |
| Posted By Herman Martinez |
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| I guess Harris County, Texas do not get as many holidays as most people. While most government offices, and banks are closed this Monday the 15th of February the Houston Harris County, Texas Criminal Courthouse is open like normal. In fact, I have a trial set for tomorrow. |
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| Continue reading "Is the Harris County, Texas Courthouse is open on President's Day?" » |
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| February 13, 2010 |
| Houston criminal trials this week |
| Posted By Herman Martinez |
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| This is type of week I enjoy as a criminal defense attorney in Houston. I have two trials this week. I will be surprised if one of them is not dismissed since I have a lot of favorable evidence that my client provided me. This is what becomes difficult when talking with an assistant district attorney because you want them aware of your defense, but at the same time you do not want to give them too much evidence that they are able to prepare for it at trial. A criminal defense lawyer must trust the assistant before devulging too much. The other trial is later in the week and is essentially a jury trial on punishment. In this case, my client and I had a plea bargain with the state, but the judge will not agree to the punishment. Luckily, my client was able to take back his guilty plea and have a full blown trial. In Texas, we have a bifurcated trial system. What this means is that he is entitled to a trial to determine if he is guilty or not of the offense. If he is found guilty then we proceed to the second phase of trial to determine what the appropriate punishment should be in the case. In this instance, we are probably going to plea guilty to thejury and allow the same jury to determine what the proper punishment will be since we did not like the judge's decision on punishment. I am well prepared for trial, but one never knows what a jury will do. |
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| Continue reading "Houston criminal trials this week" » |
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| February 07, 2010 |
| Warren Sapp is lucky... |
| Posted By Herman Martinez |
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First of all Warren Sapp is a lucky man in many ways. I remember seeing him play at the University of Miami where he was an all american. Unbelievably, his stock dropped during the NFL draft because of his alleged use of marijuana. Nevertheless, he enjoyed what is considered by many to have had a Hall of Fame career while mainly playing for the Tamba Bucaneers. Currently, he is working for the NFL network.
Unfortunately, this weekend Mr. Sapp was arrested this weekend for domestic battery in Miami Beach, Florida. Mr. Sapp was covering the Super Bowl for the NFL network. While Warren Sapp may feel down right now since he was arrested and will not be covering the Super Bowl for NFL network. The silver lining is that he is presumed to be innocent despite being a celebrity. Lastly, he is lucky that this did not happen in Texas since choking a domestic partner is a felony in our state.
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| Continue reading "Warren Sapp is lucky..." » |
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| February 03, 2010 |
| Houston, Harris County, Texas loses another judge |
| Posted By Herman Martinez |
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Judge Reagan Helm, Presiding Judge of Harris County Criminal Court at Law #1 has decided to resign today. His resignation is effective immediately. Ironically, as a Houston Criminal Defense Lawyer I enjoyed visiting his court. His entire staff was professional, friendly, and effective, but the judge was completely different. His demeanor was always short and never seem to enjoy being a judge. I wish him well in retirement.
Judge Helm was not seeking reelection after his term ended this year. Most curiously, he resigns the day before a hearing where the Harris County District Attorney's Office is trying to remove him from presiding over Family Assault cases. |
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| Continue reading "Houston, Harris County, Texas loses another judge" » |
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| February 01, 2010 |
| What not to wear to court... |
| Posted By Herman Martinez |
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| I understand that people want to express themselves with their clothing. Even as aHouston criminal lawyer I enjoy changing what I wear to court from time to time. Nevertheless, I know what type of attire is expected of me. I am surprised how many times I see people who are charged with a crime inappropriately dressed for court. For starters, it is never a good idea to wear any profanity or sexual acts. While I saw the movie Scarface when it was originally released, even own the movie, and have various memorabilia items it would never occur to me to wear a Tony Montana inspired shirt to criminal court. Last week I was flabbergasted when one of my clients thought it would be a good idea to wear a denim jacket with an enormous marijuana plant stitched to his jacket. What people overlook is that the prosecutors will note those type of things and it could affect how they treat the accused in the future. Therefore, try to be unnoticed when you go court with a simple pair of tan pants and a solid colored shirt without any noticeable jewlery. |
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| Continue reading "What not to wear to court..." » |
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