| July 27, 2010 |
| Mug shots tell nothing about the accused |
| Posted By Herman Martinez |
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| Since I DVR all my favorite episodes I rarely watch live television and try my best to watch commercials when I do. Today, I was watching live television and heard a news story stating that they will reveal what mug shots tell about the celebrities that were arrested. In my 15 years of being a criminal defense attorney I have not found a mug shot to show anything about a person that is accused of a crime. Most commonly mug shots are showed by the prosecutors in DWI trials. The most they illustrate is that the person is embarrassed, tired and humiliated. The last thing they want to be is smiling for a mug shot. On the other hand, if they are smiling the prosecutor would be able to use that against them by stating that they accused did not care that they were being arrested of that they were so intoxicated that they did not know that they were being taken into custody for drunk driving. |
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| June 21, 2010 |
| How is a Houston Criminal Lawyer suppose to act in a courtroom? |
| Posted By Herman Martinez |
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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. |
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| May 20, 2010 |
| Dude...do not smoke before court! |
| Posted By Herman Martinez |
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| 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. |
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| May 17, 2010 |
| Keep Your Mouth Shut |
| Posted By Mario Madrid |
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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.
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| April 07, 2010 |
| Criminal Defense Attorney Needs to Adivse About Immigration Consequences |
| Posted By Herman Martinez |
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| Recently, the United States Supreme Court issued an opinion,Padilla v. Kentucky, where it stated that the Sixth Amendment requires defense counsel to provide affirmative, competent advice to a noncitizen defendant regarding the immigration consequences of a guilty plea. Thus, any criminal defense attorney must imform their client of the pitfalls regarding a guilty plea and how it relates to immigration. We always inform any noncitizen of the possibility of deportation and even encourage the client to speak to an immigration attorney before accepting a plea bargain. The Padilla court went further to state that the plea bargain forms that are part of a defendant's court file, reviewed by the client and their attorney, and discussed before taking a plea may not be sufficient. to satisy a lawyer's duty. This decision clearly makes the criminal attorney's need to inform the client about their immigration consequences before taking a plea.
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| October 11, 2009 |
| A misguided designated driver decision |
| Posted By Herman Martinez |
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| When people know that they are going out drinking and driving it is always a good idea to have a designated driver that is not going to drink. When a designated driver is not available a person should opt for a cab in order to avoid a DWI arrest. A California couple trying to avoid a subsequent DWI arrest or conviction used the wrong designated driver...a 13 year old boy! The boy was able to drive for a while until "he was freaked out" and stopped in the middle of a street. Amazingly, there was not an accident, nor was anyone hurt. The couple will avoid a DWI conviction, but the woman was charged with the misdemeanor counts of child endangerment and contributing to the delinquency of a minor. In Texas the charge of child endangerment is a felony which is much more serious than a misdemeanor. |
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| October 05, 2009 |
| Driving while texting soon to be against the law |
| Posted By Herman Martinez |
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| I bet the days of texting while driving will be a thing of the past in the near future. I know must people feel that they can take on the tasks of driving and texting at the same time, but the facts disagree. In fact, a recent study concluded that a driver is 23 times more likely to get into accident while texting. Furthermore, the study concludes that this is more perilous then driving while intoxicated. If someone may go to jail up to 180 days for a DWI in Texas what will the legislature feel is appropriate when someone does something that is even more dangerous? |
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| May 21, 2009 |
| Consequences Of A DWI |
| Posted By Herman Martinez |
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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 difficult to explain to my clients why a judge would order them to get an ignition interlock device for the vehicle if this is the case. Frankly, I agree with them. I understand if they have a previous conviction for DWI because the judge is required to order them to get the device. Thus, we prepare them for this when they have multiple offense for DWI, have a high breath test, under the age of 21, or they were involved in an accident, but outside of these reasons they should not be required to bear the expense of this device. Hopefully, the judges will start reevaluating this procedure during these stressful times.
If you need assistance with your DWI case please contact our law firm at (713) 225-1038 or visit our website at www.dwiattorneysinhouston.com.
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