| September 01, 2010 |
| Game Day Traffic |
| Posted By Herman Martinez |
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| The Houston Astros is coming to a sad end again this year. While attendance is down the afternoon start time creates a headache for me when arriving and leaving the Harris, County, Texas Courthouse. Today, like most other times when there is a day game the parking garage reaches its capacity by 8:30 since it is one of the few covered garages around Minute Maid Park. In fact, the attendant was only allowing those of us that have contracts to enter the garage when I got there. Luckily, I pay for a reserved spot so I do not have to go searching for a parking spot before getting to the courthouse. It seems like all the people that work at Minute Maid Park park in Harris County Parking Garage. Later, when I leave the courthouse traffic is backed up because of all the people that are new to downtown trying to make the game before the first pitch. Frankly, I wish I could have joined them and enjoyed the game instead of fighting traffic to leave. |
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| July 15, 2010 |
| Harris County, Texas Probation Conditions |
| Posted By Herman Martinez |
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A lot of my clients want to know what the conditions of a potential probation may be so I have decided to provide a list of the common requirements to successfully complete a probation in Houston, Harris County, Texas. Please be advised that this is not a complete list, but only an outline of what is likely expected of a person that goes on probation. Each case, court, and prosecution is unique so there is a likelihood that there may be additional requirements.
The typical probation rules are as follows:
1. Do not commit any new offenses while on probation (typically traffic tickets are excluded unless a person is on a DWI probation and they are not allowed to be driving.
2. Do not drink alcohol or use any drugs that have not been prescribed by a doctor.
3. One must report to their probation officer in person every month as directed.
4. Allow the probation office to visit their home, work, or elsewhere.
5.Work faithfully or show all attempts made to secure employment.
6. Support all dependents.
7. Submit to random urine drug/alcohol analysis.
8. Participate in a community service program.
9. Remain in Harris County, Texas. (permission is needed to leave the county).
10. Pay all court cost and fees. |
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| July 13, 2010 |
| Harris County Criminal Courthouse lines |
| Posted By Herman Martinez |
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After being on vacation for two weeks I always anticipate my first day back at the courthouse to go smoothly despite this never being the case. Sure enough, after turning the corner from the Harris County Parking Garage I can not believe the line that has formed at 8:30 am. Typically, the lines outside the courthouse are long, but the one today was three times longer than any that I have previously witnessed. While I do not have to wait in the line to the courthouse since I have a pass I feel terrible for those that have to wait in a line that is longer than a ride at Walt Disney World to enter a criminal courthouse with the Houston heat and humidity. I still have to squeeze through everyone just to reach the doors of the courthouse. On this day, the elevator banks were calm compared to previous days and I was able to get to court without incident. Unfortunately, I had a client that was caught in the line. I was able to text him when he was not present for docket call and keep his bond for being forfeited.
Something really needs to be done about the lines that form at the courthouse. I am confident that the judges see these lines since they drive past the front of the building when the enormous lines are being formed. I hope they are not forfeiting bonds when someone in stuck in line. A simple suggestion would be to allow people to enter from the back of the building. Currently, only those of us with badges can enter from that side of the building. While this will not cure the problem it may help the flow of people in the morning. |
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| July 09, 2010 |
| Harris County, Texas Judge retiring from the bench on her own terms. |
| Posted By Herman Martinez |
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After more then twenty of year of being a public servant Judge Deborah Stricklin, 180th District Court of Harris County Texas has decided to retire. Earlier in the year she had made it known that she would not be seeking another term to the bench. She is married to Don Stricklin, former Judge of the 337th District Court of Harris County, Texas. She was not playing on leaving the bench so soon, but her timetable was moved up by an unforseen change of circumstance for the better. I wish the Stricklins are enjoyable retirement. It is not common that people leave their chose profession on their terms.
It seems logical that Governor Perry will appoint Marc Brown, who is running for the bench as a republican to the bench. This would give him an advantage over his opponent. Curiously, that would make another set of spouses on the bench. Mr. Brown is married to Susan Brown who presides over the 185th District Court of Harris County, Texas. |
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| June 08, 2010 |
| A sweater in Houston during the summer? |
| Posted By Herman Martinez |
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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. |
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| June 03, 2010 |
| How do I bond my _____ out of jail in Houston, Harris County, Texas? |
| Posted By Herman Martinez |
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| 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. |
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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 18, 2010 |
| Harmon's No DIVERT Policy Allowed |
| Posted By Herman Martinez |
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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. |
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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 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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| 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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| 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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| January 29, 2010 |
| Judge Fine is harsh when necessary. |
| Posted By Herman Martinez |
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| A lot of prosecutors I know find Judge Kevin Fine too lenient when sentencing defendants in his court. As a criminal defense attorney that practices in his court I always tell them that he is fair towards everyone and punishes people accordingly. Judge Fine strongly believes in rehabilitation for those that are addicted to drugs. He may be compassionate for those that commit a crime because of their drug use, but he punishes them accordingly. If it is an egregious case without evidence of drug use he is just as likely to severely punish a person. A perfect example of how Judge Fine can be punish someone for a heinous crime can be found by clicking here. He was so explicit about the two life sentences that he rendered that he told that the defendant that he would have given him more if he could. |
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| December 21, 2009 |
| Houston Criminal Courthouse Holiday |
| Posted By Herman Martinez |
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Please keep in mind that Harris County Criminal Justice Center will be closed this Thursday the 24th of December as well as Friday the 25th of December for the Christmas holiday.
Enjoy your hoidays! |
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| December 18, 2009 |
| More Judges stepping down |
| Posted By Herman Martinez |
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It looks like Judge Mike Anderson, presiding judge of the 262nd District Court of Harris County and Judge Reagen Helm, presiding judge of Harris County Criminal Court at Law #1have both decided not to seek reelection. Both of these judges will be missed for different reasons. Judge Anderson is beloved by the prosecutors for the toughness he displays. Meanwhile the prosecutors have been trying to remove Judge Helm from all family violence cases because of his lack of compassion for the victims in those type of cases.
As a Houston Criminal Defense Lawyer I have been treated fairly by both judges. I have known Judge Anderson since I was in the Harris District Attorney's Office over ten years ago. Moreover, I was friends with Judge Helm's Court Coordinator, Karen Harrison, before I became attorney. |
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| November 20, 2009 |
| Thanksgiving week at the Houston Criminal Courthouse |
| Posted By Herman Martinez |
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| Since this will be a short week at the Harris County Courthouse I will be taking a vacation this week. While I will not be available my business partner, Mario Madrid, will be available this week. The courthouse will be closed on Thursday and Friday of this week. I hope everyone enjoys their Thanksgiving holiday. |
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| October 06, 2009 |
| A Public Defender's Office is not a universal remedy |
| Posted By Herman Martinez |
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A Public Defender's Office (PD) has been approved by Harris County, Texas' Commissioners Court. Anyone who thinks this is a magic potion to the problems with the criminal justice system is naive. These offices are notoriously overworked, underfunded, and some are even threatening to close. For example, Georgia's Public Defender's Office is saddled with lawsuits and struggling to pay the bills. This problem is not exclusive to Georgia. The PD's offices in Alameda County, California, Miami-Dade County, Florida, Missoulian County, Montana, and the State of Michigan all complain of taking on too many cases, not having enough resources to properly defend their clients and/or looking at a serious staff reduction.
Is Harris County, Texas ready to tackle this massive assignment with our current state of the economy? Does the Public really know what they are getting with the Public Defender's Office? Does "John Q" citizen want to pay a PD's office in Harris County? These are questions that the Commissioners Court hopes to answer by February of 2010. |
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| September 22, 2009 |
| Where should I park when I am going to a Houston Courthouse and it is raining? |
| Posted By Herman Martinez |
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| It is always hectic for people that do not regularly go to a courthouse downtown. On a day like today when it is pouring outside most people would rather not bother to a courthouse unless it was required of them. I have some good news, after fighting the morning traffic there is a parking garage that has a tunnel access to all the nearby courthouses. Whether you are going to the Criminal Justice Center, Juvenile Center, Family Center, or the Civil Courthouse the Harris County Parking garage on Autin and Congress has a tunnel on the basement that will allow you to avoid all the rain while walking to the courthouse you need to attend. |
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| September 11, 2009 |
| The best parking spot for the Harris County Courthouses |
| Posted By Herman Martinez |
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| I am surprised that more Houston Attorneys or anyone else trying to get to a Houston Courthouse do not use the Harris County garage located on the corner of Austin and Franklin. It is one of the few garages that offers assigned parking, is covered, allows the shortest wait to get through the metal detector if you do not have a county frequent visitor badge, and most of all it is linked via a tunnel system to all the courthouses. Whether you are going to the Criminal, Civil, Juvenile or Family Courthouse the tunnel will take you there without a hassle. Using the tunnel alleviates the need to remember an umbrella to walk to court. On the day like today when the Houston rain is really pouring that make the day less stressful. |
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| August 03, 2009 |
| The Harris County Courthouse Is Getting Worse |
| Posted By Herman Martinez |
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| Anyone that has been in the unfortunate situation of going to the Harris County Criminal Courthouse knows how difficult parking can be to find near the complex. Starting today the parking situation is going to be even worse because the county has taken away the biggest lot across the street from the courthouse to start building a new jury assembly room. |
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| July 15, 2009 |
| Houston Criminal Attorneys Welcome The Jail Czar |
| Posted By Herman Martinez |
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In case you missed it the Harris County Commissioners Court decided to appoint a Jail Czar to act as a liaison between the Harris County Judges and the Harris County Jail. Caprice Cosper, former judge of the 339th district court, will serve as the Jail Czar. I have personally seen Judge Cosper tirelessly work for the fair treatment of anyone charged with a criminal offense in Harris County. Thus, I have no doubt that she will do the same job when it comes to seeing that a person is treated appropriately while incarcerate
d in the Harris County Jail. |
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| February 02, 2009 |
| Changes At The Harris County Courthouse |
| Posted By Herman Martinez |
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The new year has brought many changes at the courthouse. As criminal defense attorneys in Houston we must take a wait and see approach. The new District Attorney Pat Lykos will undoubtedly bring changes that will effect how prosecutors deal with certain cases. There could be more or less freedom to negotiate. Time will tell and we will adjust accordingly.
Eight new judges have taken the bench in felony district courts. It was pleasant suprise to walk into newly elected Judge Randy Roll's courtroom, the 179th District Court, at 9:30 and see that business is being conducted at that hour. The prior judge in this court, Judge Michael Wilkinson was fair and a nice person, but court normally didn't get started until after 11:00. Clients had to be to court on time and sit and wait. While most courts were wrapping up around noon, the 179th was just getting started. The new change under Judge Roll is encouraging and welcome. |
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