| August 18, 2010 |
| Why are they using that Assault case that was dismissed in Houston against me? |
| Posted By Herman Martinez |
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I hope this does not become a trend in Harris County, Texas, but I have come across two cases this month where someone's family violence assault case that was previously dismissed was used to make their current charge a felony assault. Recent changes in the law allow someone to be charged with a felony if the Government can prove that the assaults occurred within a year of each other.
When I became a criminal defense lawyer in Texas the only way a assault case became a felony was if serious bodily was caused or if someone was threatened with a deadly weapon. In response to the increase in domestic abuse cases the legislature made it a felony if someone assaulted a family member after being previously been convicted of the same offense. Please note that it does not have to be same family member or even that it had to be an actual member of someone's family. In fact, a dating relationship is enough. For instance, I have come across that a person has been charged as a felony for hitting his brother's girlfriend that was currently living with the family. |
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| April 01, 2010 |
| Mental Illness Strikes Former Houston Rocket |
| Posted By Herman Martinez |
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| It is sad when anyone has a mental illness. Mental illness can strike anyone. It does not discriminate between rich or poor,black or white, talented or no talent. For example, click here to see how a former NBA first round draft pick mental health issues has him facing seem serious jail time. |
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| March 22, 2010 |
| New Houston Harris County, Texas Misdemeanor Judges |
| Posted By Herman Martinez |
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| Congratulations to Natalie Fleming and Paula Goodhart for being appointed to misdemeanor courts 3, and 1, respectively. Ms. Fleming has been a visiting judge for various Harris County courts over last ten years. Ms. Goodhart is a former Harris County prosecutor as well as a Houston criminal defense attorney. I look forward to visiting each of their courts. Both woman won the Republican primaries for these courts and are hoping to win the general election this November. Misdemeanor judges preside over assault, drug possession, dwi, and theft cases. |
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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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| December 26, 2009 |
| Charlie Sheen's arrest is typical. |
| Posted By Herman Martinez |
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Sadly, the Sheen household is having a Christmas they would like to forget. Unhappily, this is what commonly happens when there is a domestic violence situation. They arrest the man and ask questions later especially if the man has a prior conviction for this offense. I understand the rush to judgment since for decades this crime went overlooked by law enforcement. Nevertheless, the police are allowing these latent biases tragically affect families. A proper investigaton should still take place without rushing to judgment. I see this happen routinely as a Houston Assault Attorney. The woman is initally seen crying, distraught and frantic. While in this emotional state the woman enhances the story in her favor. Contrastingly, the man acts understated while he tells his story in a muffled tone. The man instinctively thinks this is the way he should act. Unfortunately his remorse is interpreted as a sign of guilt by the police.
These domestic violence situations tend to arise out of a passionate relationship that is unable to properly address a recurring problem. This inablility leads to resentment that causes the violence. Furthermore, the situation is magnified when one or both of them have been driinking. Once it is apparent that the disagreement will not be resolved an uproar ensues and the police are called, Law enforcement should provide better training to the officers responding to these situations so that they are better able to diffuse the scene instead of enflaming it. |
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| December 17, 2009 |
| Family Violence Domestic Turns Deadly |
| Posted By Herman Martinez |
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| As a criminal defense lawyer that deals with domestic violence cases I see the emotional impact that these situation cause the entire family. The last few years I have seen woman charged with assault of a family member more readily. Regardless of who is at fault in these cases they can become deadly in a heartbeat. Sadly, Chris Henry, Cincinnati Bengals receiver, became one of the most prominent victims of a domestic violence that turned deadly. Hopefully, the NFL will take this sorrowful event to educate its massive audience to the dangers surrounding a domestic dispute. |
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| May 26, 2009 |
| Assault of a Family Member and Motion For Non Disclosure |
| Posted By Herman Martinez |
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| 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 blog to provide clarity on this issue. Despite what your criminal defense lawyer may have told you a deferred adjudication for assaulting a family member is INELIGIBLE for a motion for non disclosure. That is even true if probation officer told you the same thing. Your only hope is that law changes on this changes on this issue in the future. I am not optimistic since the current law states that a second charge for assaulting a family member is a felony even if you successfully completed your deferred adjudication. |
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