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Recent Blog Posts in June 2010

June 28, 2010
  Baby For Sale at Walmart
Posted By Herman Martinez
In a rather disturbing allegation these two were arrested and accused of trying to sell  their 6 month old baby outside a Walmart.

They were allegedly seeking $25 for the baby. According to AP reports the couple appeared to be high on methamphetamines.
Continue reading "Baby For Sale at Walmart" »

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June 23, 2010
  Houston DWI DIVERT drug testing
Posted By Herman Martinez
More than one of my clients that has entered the DWI DIVERT program in Houston, Harris County, Texas has asked me what type of drugs will they test for when they do get tested.  I must admit that I treat this is a loaded question.  The truth is that I do not have an exhaustive list of all the drugs that will show up in a person's urine after they are tested.  Nevertheless, what I tell my clients after any DWI in Houston is make sure that you have a prescription for any drug that may show up if you are tested for drugs.

In the past, I have had clients adamantly deny using an illegal drug despite the presence of it in their urine test.  On a few occasions, the treating physician of the client has been able to explain why this may occur.  Even though the doctor may have a valid explanation why this may be the case a judge still required the client to get a hair follicle test.
Continue reading "Houston DWI DIVERT drug testing" »

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June 21, 2010
  How is a Houston Criminal Lawyer suppose to act in a courtroom?
Posted By Herman Martinez
I was floored today when a felony judge told me that I was being too aggressive while trying to prevent my client from being to sent to prison.  Last time I checked that was my job!  In fact, this is the first time in 15 years of being a criminal defense lawyer in Houston that I was told something like this.  Most judges understand the dynamics and appreciate a lawyer that is advocating for their client.  I was not being offensive or rude to anyone.  I understood that my client was wrong for violating his probation, but I was merely pointing out to the judge all the alternatives to prison that were available to him. Luckily, the prosecutor handling the case did not have the same position that the judge did so my client may avoid prison time in the future.

If you need the assistance of a Houston criminal defense lawyer please contact our law firm.
Continue reading "How is a Houston Criminal Lawyer suppose to act in a courtroom?" »

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June 08, 2010
  Is Houston,Texas ready to go this low for a DWI?
Posted By Herman Martinez
The United Kingdom is considereing lowering the legal limit for driving while intoxicated (DWI) to .05.  That would be less than a pint of beer of beer at dinner.  I am sure M.A.D.D is all over this and will even cite to it when it approaches states like Texas when trying to influence them to lowering their own legal limit.

Currently, our State blood alcohol limit is .08.  As late as the last decade the legal limit in Texas was .10.  I do not see this being lowered again in the near future.  I think most reasonable Texans would agree that one or two drinks at dinner should not be illegal.
Continue reading "Is Houston,Texas ready to go this low for a DWI?" »

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June 08, 2010
  A sweater in Houston during the summer?
Posted By Herman Martinez
If you happen to visiting the 337th District Court of Harris County, Texas in Harris Criminal Courthouse you may need a sweater despite the typical summer day in Houston being in the 90's.  Yesterday, I was in Judge Herb Ritchie's court and it must have been in the 60's.  You could feel how cold it was once you open the door entering the vestible.  While I was comfortable since I was was wearing my suit, all of the females that work for him were wearing a sweater or hoodie.  The defendants that were in court seemed like the crowd in a Packer's game during December. I actually think a lot of the Houston criminal defense lawyers appreciate the cooler temperture entering Judge Ritchie's court after talking to them in court.  I think I will make his court my first stop in the morning after walking in the Houston heat. 

If you need the help of a Houston Criminal Defense Attorney please contact our law firm.
Continue reading "A sweater in Houston during the summer?" »

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June 03, 2010
  How do I bond my _____ out of jail in Houston, Harris County, Texas?
Posted By Herman Martinez
The general public has no idea  how to bond someone out of jail.  They receive a phone that frantic phone call from a relative, friend, or loved one requesting to be bonded out of jail in the middle of the night. Essentially, a person has three options when bonding out of jail.  They may get lucky and be granted a pretrial bond.  A pretrial bond allows a person to bond out of jail without having to pay any money.  Please keep in mind that typically a pretrial bond is for a low level misdemeanor and given to people that have never been previously arrested.  Also, a pretrial bond also takes much longer to process.  Next, a person may post a cash bond.  I have been told that this is the quickest way to bond someone out of jail.  A cash bond is straightforward.  A person for the arrested individual goes to 49 San Jacinto in Houston, Texas after the person is booked and pays in cash the amount of bond.  For a first time offender , a misdemeanor bond for something like a DWI should be from $500 to $1,500 depending on the charge.  A felony bond starts at $2,000 and goes up from there.  The cash bond will be returned once the criminal case is concluded provided that the person makes all their court appearances and their bond is never revoked.  If the cash is not available a person may use a bonding company to make a bond.  Typically, a bonding company charges a fee of 10-20% of the bond amount for their services.  Collateral equal to the bond amount is also required by most bonding companies in Houston, Harris County, Texas.  Most of these companies are open 24 hours a day.  A Houston criminal defense lawyer may not post a bond for a client.
Continue reading "How do I bond my _____ out of jail in Houston, Harris County, Texas?" »

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June 01, 2010
  Houston Criminal Defense Lawyer Refreshed
Posted By Herman Martinez
There is something that sunshine does to my body.  The sun invigorates my body.  Perhaps, it is my Cuban ancestry?  Nothing helps me recharge more then taking a long weekend away from work and soaking up the sun somewhere.  That is precisely what I did this past weekend.  While during Memorial Day weekend a large number of DWI arrests are made  in Houston  I thought it was important that I take some time for myself.  Since I do not work for a corporation if one of us are not in the office the work does not get done.  Most potential clients want to speak with a DWI attorney before they hire them so going on vacation is twice as expensive for me.  I have a few trial coming up in August so I hope to take some time off again around the 4th of July holiday.  If I do not take care of myself everyone suffers.
Continue reading "Houston Criminal Defense Lawyer Refreshed" »

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