NEW TEXAS LAW HEIGHTENS HIT AND RUN SENTENCES

Presently, the hit-and-run penalties in Texas are harsh but not harsh enough to discourage the act in many cases. According to Texas lawmakers, the current penalties set for hit-and-run accidents are less severe than the penalties for DUI manslaughter. Often, hit-and-run offenders are intoxicated individuals who don’t want to be caught while under the influence of alcohol.

As a result, they will flee the scene of a serious accident, hoping that the police will not discover that they were driving drunk when the crash occurred. This way, even if they are caught, these suspects assume that they will be charged with a hit and run, rather than a severe intoxication manslaughter charge.

On September 1st, the Texas state government will pass a new law allowing the courts to heighten the penalties for a hit and run. The new penalties will be equivalent to the penalties for a
DUI manslaughter charge. This way, individuals that are involved in a DUI accident will not have any advantage by trying to flee the scene of the incident.

Texas officials are hopeful that this change in penalty structures will further discourage the practice of hit and runs. Now, individuals who hit another car and cause severe injury or death, and then flee the scene of the crime can be sent to prison for between two and twenty years. They can also be issued a fine of up to $1,000.

If you are arrested for a hit and run, you will certainly want a Houston criminal defense attorney on your side. With these new laws going into effect on September 1st, 2013, you will want an attorney there to advocate on your behalf and petition for a plea bargain or a lighter sentence. Talk to our team at The Martinez Law Firm today!

ATT. GEN. HOLDER – ANNOUNCES END TO MANDATORY MINIMUMS

Attorney General Eric Holder announced today that required mandatory minimum sentences for drug offenses would be coming to an end. These highly controversial minimum sentences would no longer be required for nonviolent, low-level drug offenders. This signals a major turning point in state and federal sentencing policy and should have a massive impact on the growing federal prison population.

These mandatory minimums were heavily implemented in the 1980s, although the “war on drugs” dates back to the Nixon era. They were a way for politicians and lawmakers to show that they were tough on crime, but decades later it is difficult to prove that the mandatory minimums did anything more than increase the state and federal prison population. Since the 1980s, federal prison population has increased 800 percent.

Holder noted that shifting policy in this direction has become a bipartisan issue, citing officials from “red” and “blue” states advocating for an end to these minimum sentences for drug offenders. Just about half of the federal prison population is comprised of inmates sentenced for drug-related crimes. Many of these thousands of individuals were sentenced for nonviolent and low-level offenses.

Our attorney general and many others hold to the belief that harsh sentences for these types of crimes do little to keep our communities safer, but actually perpetuate a cycle of incarceration that is far too much the norm in urban areas, particularly among low socioeconomic classes. As an alternative to mandatory minimums, the federal government plans to implement drug rehabilitation and community service programs. In turn, they hope this will help manage our overcrowded prisons while simultaneously helping offenders avoid recidivism.

Some states have already begun to reverse these harsh sentences for nonviolent drug offenders, such as Texas and New York. Even California recently amended its “Three Strikes Law” so it only applies to third violent felony offenses, rather than all third felony offenses. All state prisons in the United States are under court order to reduce inmates, a total reduction of 10,000 prisoners nationwide.

“By reserving the most severe penalties for serious, high-level or violent drug traffickers, we can better promote public safety, deterrence and rehabilitation, while making our expenditures smarter and more productive,” Holder said.

The United States imprisons a greater percentage of its population than any other country in the world. Our country holds five percent of the world’s population, and yet nearly a quarter of the world’s total prison population. Holder and others are advocating for massive sweeps in sentencing changes so that the punishment more appropriately fits the crime.

GUNMAN KILLS 4, INJURES 4 IN NORTH TEXAS

gunman charges - herman martinez- houston criminal defense lawyer

 

 A gunman in North Texas used an explosive device in an attack at two different residencies near Dallas in a revenge rampage that took four lives, a recent report by Reuters explains. The police believe that the attack was a domestic violence situation.

The gunman was hoping to get revenge on his ex-girlfriend. While his name has not yet been revealed, various sources report that the man was a former special education teacher who was angered when his girlfriend broke up with him. The FBI is investigating the situation to get further details, but reports show that the shooting began at a home in Dallas and ended at another home about seven miles away.

The victims have not been identified as of yet. Two boys ages 11 and 13 were also shot and survived. They are now being treated in local hospitals. Two other wounded victims have been injured and unidentified at present. Sources say that the gunman was a special education teacher that resigned on his own accord. He was never terminated from his position. The individual will most likely be charged with assault with a deadly weapon, attempted murder, and murder if he is confirmed as the shooter.

If you have been accused of these very serious crimes, the most important decision that you will make is the lawyer that you will hire to represent you in your case. If you hire an attorney that is only adequate, then you will have a lower chance of reducing your charges or avoiding penalties. Instead, you need to hire a dedicated, experienced, successful lawyer who will do that entire he or she can to work in your favor. At The Martinez Law Firm, a Houston criminal defense attorney will do everything possible to fight and win your case. Hire one of our excellent lawyers today.

BORDER DRUG BUST COSTS AFFECT TEXAS PROSECUTION

border patrol drug busts - herman martinez - criminal defense attorney

At Border Patrol checks in the state of Texas, many arrests are taking place. Yet many of these arrests aren’t targeting illegal immigrants trying to sneak into the United States. Instead, recent data suggests that many of the arrests at these Border Patrols in South Texas have been Americans smuggling drugs into the country. Information from 2011 shows that 2,102 individuals were arrested for smuggling illegal narcotics into the United States at only one checkpoint on the border.

Unfortunately, the cost of arresting and then prosecuting all of these low-level offenders has become excessive and increasingly unaffordable. Because of this, the federal government has allowed many of the low-level offenders to go free without a trial. The Texas counties have expressed frustrations about the amount of criminals left without punishment, but the governments of these small counties all agree that they do not have sufficient funds to pay for the jailing and the costs of prosecution for these individuals.

An article published on NPR suggests that for every dollar that comes to the county from handling the federal border patrol crimes and seized assets, it costs about $2 to detain, prosecute, and process offenders. This doubling of costs makes it almost impossible for the counties to keep up with the steady stream of defendants.

If you have been arrested for a drug crime in Texas, this issue may work to your advantage. You will want to talk with a professional and hardworking Houston criminal defense attorney at the Martinez Law Firm for more information. Attorney Martinez is a former U.S. prosecutor, so he understands criminal law from both sides and can use his experience to best combat the prosecution in your case.
Hire the firm today to get optimal representation in your case!

CAN YOU SEAL YOUR JUVENILE COURT RECORDS?

seal juvenile court records with houston criminal defense attorney herman martinez

Want to get your juvenile court records sealed? You can get a fresh start on your life by filing a petition in court and seeking expungement of a juvenile court conviction. Most of the time, expungement will make it so that employers, landlords, licensing agencies and others will never know that you have been arrested or convicted of a crime. Expungement is not the same as erasing the crime from your record, because it can still serve as a strike against a harsher punishment for repetitive behavior in the future.

The person that is seeking the sealing of their juvenile court records must be an adult in almost all states. This means that you must be 18 years old to seek an expungement. Also, in order to receive an expungement or seal your criminal records you will need to wait for a specified amount of time to pass. For example, to seal a juvenile court ruling the defendant will need to wait until five years have passed from the date of the offense or the end of the court proceedings. Also, states have the right to place limits on the types of offenses that can be expunged from a juvenile record.

Many states don’t allow people to expunge serious or violent offenses from a record. Any offense that would be a felony in an adult criminal court is normally supposed to remain as public record. Also, if you have an offense on your criminal record that resulted in later criminal arrests or convictions as an adult, then you may not be able to seal your juvenile record. If you believe that you qualify for expungement, then your first job should be to hire a professional Houston criminal defense attorney to help you argue for the record sealing. You will want an attorney there to prove to the court why the expungement is necessary. Talk to the Martinez Law Firm today for more information!

HOUSTON CRIMES AND FALSE ARRESTS

houston crimes and false arrests explained by criminal defense attorney herman martinez

<span><p>In the city of Houston, crime is somewhat common. In data collected from 2011, there were 198 murders in the city of Houston, meaning that there were 9.2 murders per 100,000 individuals in the city. There were also 771 cases of rape that were reported that year, and 8,054 robberies. There were 765 cases of arson, which is the act of setting fire to buildings deliberately to cause damage. As well, there were 12,281 auto thefts and 11,869 reported cases of assault. The most common crime in the city of Houston in 2011 was theft in general, with 68,596 reported cases.</p>
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In 2010, there were more murders than in 2011, and there were less rape
cases. As well, there were more robberies, more
<a href=”/Criminal_Defense/Assault.aspx”>assaults</a>, more burglaries, more
<a href=”/Criminal_Defense/Theft_Crimes.aspx”>thefts</a>, more auto thefts and more
<a href=”/Criminal_Defense/Arson.aspx”>arson</a> cases. This shows that the Houston police department and other authorities
are working very hard to reduce the crime rate in this city. While this
is a noteworthy accomplishment, crime is a terrible thing, and the government continues to fight to reduce the numbers for this year and years to come. That means that sometimes law enforcement can be over-zealous to find offenders, and may falsely arrest Houston citizens.
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If you have been charged with a crime, you want an aggressive
<a href=”/Attorney_Profile.aspx”>Houston criminal defense lawyer</a> such as Herman Martinez, on your side right away. Attorney Martinez is a former prosecutor who knows many individuals in the Houston court system and understands both sides of the law. He is more than willing to take on your case and help you work through the charges that you are currently dealing with. Don’t wait to get help, contact the firm right now and receive a <a href=”/Case_Evaluation.aspx”>free initial consultation</a> where you can discuss the details of your case confidentially. If you’re looking for the best criminal defense you can get, look no further.
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