Author: Martinez Law Firm

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Why am I Being Charged with possession of a trace amount of Cocaine?

trace cocaine amounts - criminal defense attorney Herman Martinez

As this year comes to a close I hope that the Harris County District Attorney’s Office decides to go back to the refusal of filing felony charges for trace amount of cocaine possession. As late as last year the Harris County District Attorney’s Office was telling police that she should file the same charges as a misdemeanor. They new administration made a political decision to change that policy. I can honestly say that i believe it was the right decision to make those cases a misdemeanor instead of a felony charge. After dealing with drug cases for close to 20 years I know that anyone using drugs never wants to leave any drugs behind. Thus, they are never intentionally in possession of the cocaine.

It has been my experience that of all felony charges the trace amount of cocaine charge is the most annoying. Judges dislike seeing them in their court, prosecutors are uncomfortable prosecuting them and juries hate labeling someone as a felon for a minuscule amount of a drug.

If you or anyone you know needs to contact a criminal defense attorney because of a possession of a trace amount of cocaine charge, don’t hesitate to contact The Martinez Law Firm today. We will work hard for you and your rights. 

Exceptional Insight Into The Judicial System

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Have You Been Arrested For A Criminal Offense?

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The Crime of Forgery

Forgery is a serious offense and it is punishable as a felony in all fifty states. In most cases, it is penalized as a federal offense; and is defined as the crime of making, altering, use, or possession of false writing in order to commit a crime or fraud – especially, if a person fakes another individual’s signature or imitates handwriting on important documents.

When a person commits forgery, the person must intentionally alter a document in a dishonest way; which means not only faking signatures, but can also be altering existing writing if the changing of the material affects a person’s legal rights. Deleting, adding, or changing significant portions of a document can also be considered an illegal or forged alteration.

In order for false writing to be considered forgery, the writing must have apparent legal significant. For example, if a person forges a passport, driver’s license, or government-issued document then this will constitute forgery. A document need not necessarily be a legal or government- issued document. It simply needs to affect a person’s rights and obligations in order to be considered fraud.

In order to be guilty of forgery, the defendant must intend to defraud someone or some entity; as a federal law, it is punishable by a fine and up to fifteen years in prison. Federal law also prohibits forms of falsification such as counterfeiting money, or faking immigration documents and military discharge certificates.

If you want to learn more about forgery crimes, or if you have been charged with forgery and now want assistance in your case, then contact a lawyer at The Martinez Law Firm today. With the right attorney there to help you, you will be able to tackle your case with confidence and may be able to avoid serious penalties associated with forgery.

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

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Do the Police Have the Right to Search Your Car?

do the police have a right to search your car? criminal defense attorney herman martinez explains

When it comes to your car, you have fewer rights than you do concerning your home. The police may have the right to search your car in some circumstances, but generally you are protected from any unreasonable search and seizure of your property. According to the Fourth Amendment of the Constitution, if an officer pulls you over he or she may be able to search your car without a warrant. This depends on whether or not the police can see evidence to pinpoint the need for a car search. Cars are technically considered private spaces, but the court is treated differently from your person and home and is subject to less protection.

The Supreme Court allows three different types of searches. The law enforcement can conduct a search incident to arrest, which is a search of the immediate vicinity of the driver inside the car. This is typically the search used when a police officer suspects that an individual was drinking and driving. Police also have the right to conduct an inventory search, which is when the police arrest the driver and impound the car. This can only happen when the police have the cause to arrest the individual already.

Also, police have the freedom to conduct a probably cause search. This is when the police have a reasonable suspicion that there are illegal items in the car, such as a weapon or drugs. If you have had your car searched, and you believe that the search was illegal, then you will want to talk with a Houston criminal defense attorney about the issue right away. At The Martinez Law Firm, a dedicated attorney may be able to help you with your case and assist you in getting the representation that you need. Hire a lawyer today to learn more!

 

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

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Houston Police Dogs Discover Cigarette Thief

Cigarette Thief - herman martinez criminal defense lawyer

A 23-year-old Houston cigarette thief has been arrested after Houston police dogs discovered the man who has stolen thousands of dollars’ worth of cigarettes in recent months. He stole these cigarettes from a discount store located in Northwest Harris County, and then led police on a 25-mile chase as they pursued him to recover the goods. The suspect has been charged with felony evading and felony theft. The deputies claim that the offender smashed the windows of a dollar store in the middle of the night and stole the cigarettes in addition to some other merchandise.

Deputies were responding to the emergency call about the burglary when the suspect drove by. Police took off, attempting to stop the cigarette thief, but he sped away. With the help of search dogs, the police were able to locate the offender and bring him to justice. While search dogs can be a helpful tool in police work, they can also make mistakes. The animals may detect a scent erroneously, leading to the arrest of an innocent suspect. If you have been arrested for a crime you didn’t commit because of police dog error, then contact a lawyer at the firm today for more information. The Martinez Law Firm has a host of attorneys who are willing to help you with your Houston criminal defense case!

 

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

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Texas Crimes: Bribery

Bribery explained by houston criminal defense attorney herman martinez

According to the Texas Penal Code, bribery is the offense of intentionally and knowingly offering a person money or collateral for an illegal action; Individuals can be charged with this if they offer, confer, or agree to confer on another for a recipient’s decision about a situation, vote, or another exercise of discretion as a public servant or party official.

Bribery also applies to people who offer benefits to a person for their decision in a judicial or administrative proceeding, such as in a court case. For example, if an individual was charged with a crime, and bribed a judge to have him declare the defendant not guilty, this would be considered the crime of bribery. Also, if a person offers benefits for a political contribution, this can be considered bribery.

All bribery offenses are typically considered second-degree felonies. This also applies to tampering with witnesses in court cases, and to encouraging individuals to lie about the situations surrounding a case. Oftentimes those who commit the crime of bribery do not intend to commit a serious crime. Instead, they may be caught up in working to secure their innocence in a court case, or may be concerned about their welfare and will ask individuals to do them a favor for a reward.

It is best to remember that bribery is a serious crime and to avoid it at all costs. Talk to an attorney today if you want to learn more about bribery or if you need defense in a bribery case. You may be able to claim that you were misrepresented, or that you have been framed and did not intend to bribe anyone. Also, if you can prove that you were misinterpreted, and that in the conversation that allegedly took place you did not actually bribe the individual, then this may help in your case. Talk to a lawyer at The Martinez Law Firm for more information.

 

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

LEARN WHAT'S NEXT

Our Legal Team Can Fight Your DWI Charges

DWI DEFENSE ATTORNEY

Texas Crimes: Racketeering

racketeering - explained by houston criminal defense attorney Herman Martinez

In the state of Texas, it is illegal to commit any offense that qualifies as racketeering. Essentially, racketeering is the federal criminal act of engaging in an illegal business act or running an illegal or illegitimate business. RICO is the Racketeer-Influenced and Corrupt Organization Laws which make it particularly illegal to profit from an illegal business. The goal is to stop the flow of income to criminal organizations that ultimately use the profits to fund their illegal activities.

If you are accused of racketeering in Texas, there are a variety of defenses that you may be able to use to argue your side of the case. For example, if you can prove that you are not a member of the criminal organization that you were affiliated with, then you may be able to avoid any punishment. Also, if you can prove that you didn’t have any knowledge that your actions were furthering the agenda of a criminal organization, then you may be able to avoid penalties. For example, if you were deceived into thinking you were working with a legal organization when you were really working for a criminal operation, you may be able to prove that you were mistaken.

If you are convicted of racketeering in Texas, you will typically be charged with a Class A misdemeanor. In some cases individuals can be charged with a felony, even a first degree felony depending on the nature of the organization. Racketeering can sometimes be an additional crime. For example, if you are affiliated with an organization that supplies hit-men to those wanting to commit a murder, and you commit the murder, then you will be charged with both murder and racketeering. Learn more about this crime by talking with a Houston criminal defense attorney. With the right lawyer on your side you may be able to avoid serious penalties. Contact the firm today if you want to learn more!