Arrest Blog | Criminal Defense Lawyer in Houston, TX

Posted By The Martinez Law Firm 1-Apr-2014

Can You Get Your Criminal Record Cleared in Texas?

In the event that you were arrested in Texas, but never convicted, it may be possible to have your criminal record expunged. This would remove all record of you ever being arrested. While there are certain specifications and requirements to have your ...

Posted By Herman Martinez 14-Oct-2013

Do I Need A Lawyer For My Evading Arrest Case?

Generally speaking there are two types of evading arrest charges in Texas. The one that gets the most publicity involve long police chases. Everyone can understand when someone drives recklessly throughout Harris County, Texas why felony charges are ...

Posted By Herman Martinez 16-Sep-2013

Money Laundering in Houston Harris County, Texas

I was at a get together this weekend when the topic of money laundering came up. Not surprisingly, most people thought that a money laundering arrest involves millions of dollars like it is shown in movies like Scarface or Blow. While money ...

Posted By Herman Martinez 31-Jan-2013

Don't Allow False Allegations of Child Pornography Ruin Your Reputation

One of the most serious allegations that can ruin a person's name, reputation and career is child pornography. False allegations of child pornography can be due to a number of valid reasons such as not knowing a person was underage, being accused ...

Posted By The Martinez Law Firm 21-Jan-2013

Domestic Violence Death's at Birthday Party in North Texas

Recently, a fight erupted at a girl’s 16 th birthday that ended in the tragic death of both of her parents. According to KHOU, the parents began arguing as the party, and the argument escalated when a gun was pulled. The father, Kelly Suckla, ...

Posted By Herman Martinez 18-Dec-2012

Do Not Let A Houston DWI Ruin Your Holiday

With the holidays approaching, law enforcement will be on high alert for the increased number of drivers who are operating a motor vehicle while intoxicated. In some locations the police presence will be extremely high.. If you are stopped for DWI, ...

Posted By The Martinez Law Firm 9-Oct-2012

The Use of Deadly Force: What you Need to Know

If you have been charged with the use of deadly force, then you will want to know what kind of allegations you are up against. For one, the use of deadly force is covered in Chapter 9 of the Texas Penal Code with laws regarding deadly force. There ...

Posted By Martinez Law Firm 17-Sep-2012

Have you been Charged with Arson?

Jalen Larson Mays was nearby an equipment storage facility when the structure went ablaze. The flames licked the structure and charred the equipment that was stored inside, brining on thousands of dollars in damages. As Jalen walked away, a witness ...

Posted By Herman Martinez 12-Apr-2012

I Want A Copy Of My Offense Report

As a practising Houston Criminal Lawyer I have always found it to be annoying that the Harris County, Texas District Attorney's Office (HCDAO) makes me take notes of my client's offense reports. Many other jurisdictions in Texas give the ...

Posted By Herman Martinez 4-Apr-2012

How Can I Get My Case Dismissed If I Am Guilty?

The way people are treated when they are arrested in Houston, Harris County, Texas leads them to believe that they are guilty until they can prove their own innocence. Luckily, this is not the law in the criminal justice system despite beliefs to the ...

Posted By Herman Martinez 2-Apr-2012

Are Adult Females That Are Charged With Sexual Assault Treated Differently?

For some reason whenever a female teacher is arrested, charged, or investigated for allegedly having inappropriate relations with a male student ( sexual assault ) it becomes a major news story. I understand why the parents of students that attend ...

Posted By Herman Martinez 30-Mar-2012

How Much Do I Need To Pay To Get Out Of This Trouble?

This is a comment I get from clients all the time who are desperate to resolve the jam they find themselves in when arrested for a criminal charge. My clients are typically willing to do whatever it takes to get their charges dismissed after an ...

Posted By Herman Martinez 12-Mar-2012

Sample Harris County, Texas Pretrial Diversion Contract

As a Houston Criminal lawyer I help people in different ways. Once way I help people is by keeping a conviction off their permanent record. A pretrial diversion allows this to happen. Best of all, it allows someone to have their record cleared after ...

Posted By Herman Martinez 9-Aug-2011

Can I Really Be Arrested For Not Using a Sidewalk?

While walking my dog Dawson yesterday in the street rather than the sidewalk, because he could not stop sniffing the grass near the sidewalk,I was reminded about some of the trivial ways that police officers in Harris County, Texas make drug arrests. ...

Posted By Herman Martinez 19-May-2011

Your Home Is Not Your Safe Haven Anymore

Most people would agree that their home is their castle and their "castle" is their private sanctuary. As Americans we feel that is the place that we are safe from Government intrusion. In the past, I have heard Harris County Judges tell ...

Posted By Herman Martinez 1-Feb-2011

Do I Need to Go to the Courthouse If It is Cold?

Update February 4, 2011: It took ice to close down most of the Harris County Courthouse. The only court that I know of that did not close for today is the 230th District Court. All Harris County Misdemeanor Courts are closed on February 4, 2011 for ...

Posted By Herman Martinez 21-Dec-2010

Harris Criminal Courthouse Closed for the Holidays

Please be advised that the Harris County Courthouse will be closed on December 23, 24, 30, and the 31st for the Holidays. Since Christmas and New Years Day falls on a Saturday this year the courthouse will be closed for more days then in past years. ...

Posted By Herman Martinez 8-Oct-2010

At least it was not a DWI

Former Houston Rocket Steve "Franchise" Francis has been arrested for public intoxication in Los Angeles, California. He was an NBA all star while playing for the Rockets. He never fulfiled expectations when he played here. He was ...

Posted By Herman Martinez 6-Oct-2010

National Night Out 2010

I took some time to meet some of my neighbors on National Night Out. It is nice to take some time to talk to people that I have not seen in a while or merely wave to as I walk my dog. We had the pleasure of having Houston Police Chief, Charles ...

Posted By Herman Martinez 24-Aug-2010

Houston DWI Prosecutor using a person's profession against them

I had to deal with a rather unreasonable prosecutor today. Her position was that my client did so well when submitting to the police officer's standardized field sobriety tests was because of his profession. Frankly, I do not care if someone is an ...

Posted By Herman Martinez 11-Aug-2010

The Houston DWI Vacation

I never think of Houston, Texas as a vacation spot like Miami, Orlando, or Los Angeles, but this summer I have seen an increase in people getting arrested for DWI in Houston while vacationing. The trouble with this happening apart from the obvious is ...

Posted By Herman Martinez 9-Aug-2010

The first setting dismissal in Harris County, Texas

Today, I was fortunate to defend a case where the police report mirrored what my client said to me in our first interview. I must admit that this is not typical. What happens more often is that the police report is an embellishment of the events and ...

Posted By Herman Martinez 27-Jul-2010

Mug shots tell nothing about the accused

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 ...

Posted By Herman Martinez 23-Jul-2010

Please ask a question

One of the most frustrating emails I get is when a person writes a long email, but never asks a question. Today, I received one from avvo.com, an internet site that is intended to help the public with legal issues and finding an attorney. In the ...

Posted By Herman Martinez 24-May-2010

Lindsay Lohan- How not to act in a Houston Court

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 ...

Posted By Herman Martinez 20-May-2010

How long does it take to bond someone out of jail in Houston, Texas?

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 ...

Posted By Herman Martinez 20-May-2010

How did Lindsay Lohan avoid jail

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 ...

Posted By Herman Martinez 18-May-2010

Harmon's No DIVERT Policy Allowed

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 ...

Posted By New Jersey Attorney 17-May-2010

Keep Your Mouth Shut

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 ...

Posted By Herman Martinez 3-Mar-2010

Houston DWI/DUI or Drunk Driving Cost

The Texas Department of Transportation has printed what we have told clients for years. A DWI conviction is extremely expensive. If you are caught driving while intoxicated in Texas you could pay over $20000 according to department of Transportation. ...

Posted By Herman Martinez 24-Feb-2010

Do I need a SR22 after my first drunk driving arrest in Houston?

When people call my office after a DWI arrest they ask the question posted above. The answer is straighforward. Typically, the only reason a person would be required to apply for a SR22 arising out of a DWI or drunk driving arrest in Houston,Texas ...

Posted By Herman Martinez 7-Feb-2010

Warren Sapp is lucky...

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 ...

Posted By Herman Martinez 26-Dec-2009

Charlie Sheen's arrest is typical.

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 ...

Posted By Herman Martinez 11-Nov-2009

Anyone Can Get Arrested for DWI

I always tell my clients how easy it is to get arrested for a DWI. The statute does not require that anyone intend to drive while intoxicated like most other crimes. Regularly, we see people that are involved in law enforcement being caught for DWI. ...

Posted By Herman Martinez 28-Oct-2009

Joy Riding is a Felony in Houston

As a Houston Criminal Defense Lawyer I get parents that can not believe that this is the case. In Texas, joy riding is called unauthorized use of a motor vehicle. This happens a lot when a teenager takes a car without a parent's permission. ...

Posted By Herman Martinez 22-Oct-2009

DWI While Driving your La-Z-Boy?

Here is a crime that I have never seen as a Houston DWI Lawyer : d riving your La-Z-Boy while intoxicated. Somehow a Minnesota man used a lawnmower engine to power his chair down the road, to get into an accident. The man admitted to drinking 8-9 ...

Posted By Herman Martinez 7-Oct-2009

Oakland Raiders Coach Could Avoid Being Arrested in Houston, Texas

The Oakland Raiders are known for having some colorful players on their team. During the 70's and 80's they would sign players that wore out their welcome with their teams or were released after having some type of legal issues. Players like ...

Posted By Herman Martinez 1-Oct-2009

What is the test that I am going to take for entry into the Harris County, Texas DIVERT program?

Now that the Houston, Harris County DWI DIVERT program is in full swing it is important to know the test that you will taking to gain entrance. The test is called SALCE ( Substance Abuse/Life Circumstance Evaluation) A SALCE is a 98-item ...

Posted By Herman Martinez 23-Sep-2009

We own the same machine that the cop used in your DWI arrest

As a DWI Attorney in Houston we should be more knowlegable about driving while intoxicated cases then the police. That is why I am an expert in the field sobriety tests and I have taken several classes to become more proficient with the machine that ...

Posted By Herman Martinez 16-Sep-2009

Your IPhone may help avoid a DWI arrest

As a Houston DWI Lawyer I am always interested in the latest inventions surrounding drunk driving. Recently, Avvo has created an application to be used with the Iphone. The application allows someone to enter the drink they are having into the IPhone ...

Posted By Herman Martinez 12-Sep-2009

Wow...could my DWI arrest been any worse?

The reality is that in a lot of other states a first time DWI could be a lot worse. As a DWI Attorney that only practices in Texas I know all Texas' DWI laws, but I am aware of the penalties that are imposed in other states. For example, the ...

Posted By Herman Martinez 9-Sep-2009

Did the police officer have to impound my car after my DWI arrest?

It goes without saying that everyone gets upset when they are arrested for a DWI. The arresting officer rarely treats the person with respect. Additionally, as a Houston DWI Attorney, I routinely watch the videos where the arrestee makes the request ...

Posted By Herman Martinez 4-Sep-2009

Labor Day 2009 - DWI No Refusal Weekend in Houston

The Houston Harris County District Attorney's Office once again is making this holiday a "No Refusal" weekend. This seems to be a trend during every holiday. The "No Refusal" weekend actually started on Thursday. This past ...

Posted By Herman Martinez 14-Aug-2009

Who Gets Arrested For DWI?

My clients always share one thing in common...they are always ashamed about their DWI arrest. It does little to tell them that anyone who has a drink in Houston could be arrested. In fact, many respectable people get arrested for DWI. For instance, ...

Posted By Herman Martinez 8-Jul-2009

July 4th - Houston DWI Arrests

As a Houston DWI Attorney I noticed an dramatic increase in the DWI arrests this past weekend. Not surprisingly, the Harris County District Attorney's Office is boasting that this was the best " No Refusal Weekend " to date with over ...

Posted By Herman Martinez 25-Jun-2009

DWI Arrests In Houston Likely To Increase

As a Houston DWI Attorney I have mentioned previously how the upcoming DWI Pretrial Diversion program proposed by the Harris County District Attorney's Office is going to benefit a great number of people. Despite all the benefits there are sure ...

Posted By Herman Martinez 18-Jun-2009

DWI While Driving a Bulldozer

Are you kidding me? As a Houston DWI Attorney I get to defend a lot of interesting cases, but I must admit that I have not come across one quite as unique as driving a bulldozer while intoxicated. Somewhere Jeff Foxworthy is having a good laugh about ...

Posted By Herman Martinez 5-Jun-2009

A Theft Case Is Considered a Crime of Moral Turpitude

The first thing that anyone that has been arrested for theft or shoplifting needs to know is that these charges are considered to be crimes of moral turpitude. Moral turpitude is a legal term of art with no generally accepted definition. In general, ...

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