May | Houston Criminal Defense Lawyer

Posted By Herman Martinez

A lot of clients get annoyed when their court case interferes with their working schedule. Most court appearances are scheduled for weekday mornings and take anywhere from one hour to three each time. Also, most criminal court cases take several months to resolve therefore, so can severely impact professional/work obligations.

A perfect example of how to make matters worse for your criminal case is Lindsay Lohan. Ms. Lohan has been her own worse enemy. She has missed court dates, arrived late to court dates she did attend, and she also been rumored to be drinking while on bond. Due to the perceived lack of respect for the court Ms. Lohan will be paying a significantly higher price than she anticipated. Today, she was ordered to be fitted with a SCRAM device, weekly drug testing, daily alcohol classes, and lose out on work opportunities that she had scheduled in Texas.

It is best for a person to understand that while their case is pending there will be some inconveniences, but is best not to have the judge apply extra conditions by not following the court rules since this will in turn make the situation much worse in the long run.

Continue reading "Lindsay Lohan- How not to act in a Houston Court" »

Permalink | Comments(0)

Posted By Herman Martinez

I had to go to the United States Attorney's Office located in Houston, Texas early this week with a client. I forgotten how many former Harris County, Texas prosecutors have gone to work for the United States Attorney's office since I left the District Attorney's office. I came across a half dozen lawyers that I have worked with or against the last ten years in my ten minute wait in the lobby. It seems like there are few roads a Houston prosecutor travels after they leave the office, some, like me become criminal defense lawyers. Others, go to the United States Attorney's office. A few go into civil practice. While there are some that stay at the office that is not the norm. Ultimately, every person has to decide what is best for them in the long run. I can only hope that my colleagues enjoy their career choice as much as I do.

If you need to speak to a Houston Federal Attorney please contact our law firm.

Continue reading "Hello...my Houston Federal Friends" »

Permalink

Posted By Herman Martinez

Our criminal defense firm regularly gets a phone call from someone that just had a person they know get arrested for a crime asking the above question. As I would do on most subjects if I was not a criminal defense lawyer they turn to the internet for information. Unfortunately, the internet lacks suffiecient information to answer their query. The short answer is that it could take anywhere from 12-48 hours to bond someone out of jail in Houston, Harris County, Texas. The keys seems to be if you are able to make the bond before the person is transferred to the Harris County jail. Most people are arrested and booked in the local city jail. If a bond is made while the person is waiting in this city jail and before they are transferred to the county jail the time waiting in jail is signficantly reduced.

If you need the assistance of a Houston Criminal Defense lawyer please contact our law firm.

Continue reading "How long does it take to bond someone out of jail in Houston, Harris County, Texas?" »

Permalink

Posted By Herman Martinez

Party girl, Lindsay Lohan is in criminal hot water again. Apparently, she is not doing very well with her probation. Fortunately, she was notified about her arrest warrant while working in France. I would not expect the court to call one of my clients to inform them they are about to get arrested. Perhaps, this is done in California, but it is not done in Harris County, Texas. Once she was made aware of the situation it allowed her family to post a non arrest bond on her behalf, saving her from returning to jail. A non arrest bond allows a person to make a bond without going to jail. If you find that there is a warrant for your arrest contact a bonding company to avoid going to jail. Simply them you wish to make a non arrest bond. I have previously discussed non arrest bonds here.

If you need a Houston criminal lawyer after bonding out of jail please contact our law firm.

Continue reading "How did Lindsay Lohan avoid jail " »

Permalink

Posted By Herman Martinez

Today, I was in the elevator with someone that was still reeking from smoking marijuana the night before or the morning of court. Please keep in mind that when using the elevators in the Houston, Harris County Criminal Justice Center you are also sharing it with prosecutors that may inform your court that you may test positive for drugs if they request a urine sample from you. A court may revoke your bond if you test positive for any type of non prescribed drug. Do yourself a favor and do not smoke before court to avoid going back to jail.

Continue reading "Dude...do not smoke before court!" »

Permalink

Posted By Herman Martinez

Judge Bill Harmon, Harris County Criminal Court Judge #2, has been the only judge that does not allow the DIVERT program in his court. I have written before how frustrating this is as a Houston DWI Attorney to tell your client that because of the court their case falls into they are not eligible for a program that would save them thousands of dollars and could potentially lead to the expungment of their DWI case.

Recently, a visiting judge ruled that Judge Harmon has the authority to disallow the DIVERT program in his court. I have a feeling that this is not the last we heard of this issue. I still hold out hope that Judge Harmon will change his mind as the program heads to its one year anniversary. Regardless, the decision is being appealed to a higher court.

If you need the help of a Houston DWI Attorney please contact our law firm.

Continue reading "Harmon's No DIVERT Policy Allowed" »

Permalink

Posted By Mario Madrid

Being charged with Murder or worse Capital Murder is a very bad position to find ones self in. You would not be helping yourself or your attorney in your defense if you decide to start talking to the media.

Watching the news last night I saw a news story regarding a man who allegedly shot and murdered his wife who was 7 months pregnant. According to the story the couple had 3 young children.

In response to a question from the media while in custody, the man said something to the effect that the victim had it coming for a while. I am paraphrasing and don't remember the exact quote, but what a terrible thing to say.

If the case is at appears to be, at least as it was reported, there were witnesses and the state will have a strong case. The man is presumed innocent, but the case looks like it will be more about punishment than guilt/innocence.

I'm certain that a statement like that will be used by the state as the defense attempts to offer mitigation evidence if the case reaches the punishment stage. The lesson is simple: keep your mouth shut.

Continue reading "Keep Your Mouth Shut" »

Permalink

Posted By Herman Martinez

As you may know lawyers are required a certain amount of continuing legal education every year. Over the years, I have attended some good ones as well as some that I wished I did not attend. Luckily, today I attended one in Houston that was excellent. The speakers were experienced. entertaining and informative. Additionally, I thought that the investigator that spoke is one that I will be working with in the future. The seminar confirmed to me that we do right for all our clients.

I have never attended a seminar that did not relate to criminal defense, but my friends that do civil tell me that theirs are a complete waste of time. I hope that is never the case for me.

Continue reading "Houston Criminal Defense Seminar" »

Permalink

Posted By Herman Martinez

As a Houston Criminal Defense Lawyer I am astonised at the conversations people have while riding the elevator at the courthouse. For instance, this week one person admited on the elevator that he had smoked weed this past weekend. Not a good thing if you are defendant in Harris County. Also, another person while talking on his mobile phone that he messed up this time. Essentially, admiting to this crime. Even worse, a prosecutor was riding the elevator with us. Lucky for him the prosecutor told me that he would not follow him to court to tell court. While these two examples were not my clients they trouble me because people should not be talking about anything concerning their case. The elevators are riden by prosecutors, jurors, court staff and even judges on occassion. Just enjoy the ride and keep the talk down.

Continue reading "Houston criminal court elevator guidelines" »

Permalink

Posted By Criminal Defense Attorney

Our attorneys are pleased to announce the launch of our criminal defense blog with an RSS feed available at http://www.mmalaw.com/Blog/Recent_Blog_Posts/RSS.xml

Continue reading "Welcome to our Houston Criminal Defense Blog" »

Permalink

Posted By Herman Martinez

I was amused today at the courthouse by a person showing their arm when they were asked what part of town they were from today by the elevators. Apparently, it is common for people to tatoo their neighborhood on their arm. I wonder what happens when they move?

While I am not against tatoos most prosecutors and judges are against them. Thus, I suggest to my clients that have "sleeve tatoos" to wear a long shirt so that they are covered. I would hate for one of my clients to be judged because they wanted to display their indivdualism.

Continue reading "What neighborhood in Houston are you from..." »

Permalink

Posted By Herman Martinez

As a Houston Defense Lawyer I always recomend that people visit my clients in jail. This keeps their spririts up and lets them know that they have something to fight for. This article illustrates my point.

Continue reading "Houston do not forget the imprisoned" »

Permalink

Recent Blog Posts in May 2010