Author: Martinez Law Firm

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VEHICULAR HOMICIDE CHARGES IN TEXAS

Vehicular Homicide Herman Martinez in houston criminal defense attorney

Some states don’t recognize vehicular homicide as its own specific crime, but Texas is one of the states that will uphold this specific offense. In the state of Texas, a person who is convicted of vehicular homicide faces between 2 to 20 years in prison. Vehicular homicide is the act of killing another victim in a crash that was partially due to drunk driving.

If the drunk driver survives the accident, he or she can be charged with this very serious felony. Laws in each state vary greatly on the idea of vehicular homicide. Some states take the offense very seriously and will force individuals to serve up to 99 years for the crime.

Specifically in Texas, vehicular homicide is also referred to as intoxication manslaughter. This is normally a second-degree felony and will result in at least a mandatory two years of prison time. Individuals can serve a sentence of up to 20 years for this singular crime, but cannot sever more than that. Also, Texas has a $10,000 maximum for fines associated with intoxication manslaughter.

If an offender kills more than one person during a drunken-driving accident, then he or she may be sentenced for multiple intoxication manslaughter charges. This can duplicate the sentence, eventually resulting in a life sentence for those who have killed multiple people in a car crash. If you have been arrested for an intoxication manslaughter charge, the best move you can make is to hire a dedicated and hardworking Houston DWI attorney to represent you in your case.

Criminal Defense Attorney Herman Martinez is a Former U.S Chief Prosecutor, so he understands both sides of DWI law. If you have been arrested, he can use his intimate knowledge of both sides of the justice system to advocate for your innocence or the dismissal of your case. Herman Martinez will do all that he can to reduce your charges or eliminate your possible sentences, so partner with the lawyers at this firm today!

 

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 and the Primary Belt Law

seat belt laws in texas, explained by criminal defense attorney herman martinez

In some states, individuals cannot be punished for failing to put on a seat belt. Yet this is not true in every situation. In some states, individuals can be fined for failing to buckle up when they get on the road. The Insurance Institute for Highway Safety says that there is some sort of mandatory seat belt law in every single state except for New Hampshire. Yet only 28 states permit police officers to find a person for failing to buckle up in the back seat.

Belt laws in 33 states and the District of Columbia are called primary seat belt laws. This means that a police officer is permitted to pull a driver over solely based on the fact that that individual is not wearing a seat belt. In other jurisdictions, the police need to stop the vehicle for another reason, such as speeding or an expired license, before they can discuss the issue of the seat belt and impose a fine.

If you are caught without a seat belt and want to contest the violation, then you can contact a local criminal defense lawyer to help you. You may think that it is over-dramatic to hire a criminal defense attorney to help you with something as simple as a traffic infraction, but there are times that this investment can save you a lot of money and possible license revocation.

When you are slapped with another traffic violation, your insurance could go up, and you may be forced to cope without a license for a set amount of time. You can attempt to avoid these penalties by discussing your case with an attorney at our Houston criminal defense firm today. Hire a lawyer at The Martinez Law Firm and work hard to fight the prosecution and avoid a sentence that could cause difficulty in your life!

 

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

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Our Legal Team Can Fight Your DWI Charges

DWI DEFENSE ATTORNEY

THE ZERO TOLERANCE LAW IN TEXAS ISN’T SET AT ZERO

Zero tolerance laws in texas - herman martinez - houston criminal defense attorney.

What Is the Zero Tolerance Law in Texas?

The Texas ZERO TOLERANCE law prohibits any minor from operating a motor vehicle in public with any detectable amount of alcohol in their system. This is a criminal offense known as Driving under the Influence of Alcohol by a Minor (DUIA by a Minor). The legal limit of intoxication, which is typically 0.08% blood alcohol content (BAC), does not apply to minors.

Background on the Zero Tolerance Policy

In the state of Texas, the police maintain a Zero Tolerance law. This means that individuals under the age of 21 are not allowed to drive with any alcohol in their system. It is illegal for these individuals to even consume alcohol. Interestingly enough, the “zero tolerance” policy in the state of Texas isn’t actually set at 0.00%. In some states, any underage drinker that registers with any alcohol in his or her system can be arrested.

In Texas, the underage drinker has to register at 0.02% to qualify for violation of the Zero Tolerance policy and receive charges and an arrest. This is a very low BAC that most individuals can reach with one or two beers. This means that most of the time teens face underage drinking and driving if they have any substantial alcoholic drinks recently. Yet the 0.02% buffer protects any underage individuals who may have only had a few sips of Mom’s wine at dinner.

The National Highway Systems Designation Act of 1995 originally mandated that all states consider a 0.02% BAC for under-21 drivers. All states were required to set this limit in order to qualify for Federal Aid Highway Funds. All states eventually agreed to this rule, but many states set their limit as a per se offense. This means that the police don’t actually have to prove intoxication if the driver is above the stated limit.

Zero Tolerance in Other States

Some states decided to go even further and set their limit at 0.00% as later recommended by the federal government. Texas remained at the 0.02% limit, and continues to operate with this law in place today. This means that if you face charges for an underage DWI and prosecution on a zero-tolerance 0.00% policy standard, this may not be in accordance with the state laws.

You need a skilled DWI attorney at The Martinez Law Firm to assist you with battling your charges.

 

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

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Our Legal Team Can Fight Your DWI Charges

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DEMANDING IDENTIFICATION FROM LOITERERS

loitering laws - herman martinez - houston criminal defense attorney

 

In many states, loitering is illegal. Loitering is typically the action of wandering from place to place without any apparent business. Normally, the court must prove that the accused posed some sort of threat to society or public safety in order to charge that person with the crime. If a police officer sees a person that is loitering, normally that officer can demand identification and an explanation of the persons’ personal activities. If the person fails to comply, then the officer can arrest him or her. Laws are very specific that an officer must have observed that an individual was loitering before asking for identification.

Many people argue that officers use loitering laws to clear neighborhoods of homeless or undesirable people who tend to congregate on the streets. Some courts believe that these laws are unconstitutional on the grounds that they are discriminatory against the poor people. The safest place to challenge the validity of a loitering law or loitering arrest is in the court room. You will want a hardworking Houston criminal defense attorney to assist you if you believe that you mistreated on the grounds of loitering and want to set the record straight.

With a Houston criminal defense lawyer from The Martinez Law Firm on your side, you may be able to show that your arrest was discriminatory, unconstitutional, or unwarranted. You may also be able to show that you were in a specific place for a specific reason. If you were not granted the right to remain silent during your arrest, and were taken into custody because you failed to answer an officer’s questions, then you can also argue that this is a violation of you Miranda Rights. Contact an attorney at The Martinez Law Firm to discuss your specific case in detail with a trusted professional!

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

Do You Need a Lawyer Present at Your Arraignment?

arraignment - herman martinez - criminal defense lawyer in houston

An arraignment is the first time that you appear before a judge and enter the plea of guilty or not guilty of the crime for which you have been charged. This arraignment normally happens shortly after your arrest. While you are free to ask a lawyer to attend your arraignment, the presence of a lawyer is not necessary. It may benefit you to have an attorney there with you from the beginning of your case so that he or she can inform you as to how to respond to the judge’s questions.

At the arraignment, the judge will normally set a date for the next court appointment in your case, and will consider any bail requests that make or any bail requests by the prosecutor. If you don’t have a lawyer and don’t plan to hire your own attorney to help you tackle your case, then the judge will appoint a lawyer for you at your arraignment and may ask you to waive time.

Even though a lawyer is not required at this appointment, it is always better to have legal representation whenever you enter a court case. You will want to consult with your lawyer before your arraignment and will want to discuss the details of your case so that the attorney you are working with can help you to strategize the best defense.

At The Martinez Law Firm, there are dedicated attorneys ready to help you. Attorney Martinez will start your case with a free initial consultation, and will use his 15 years of experience to help you work through your case. Attorney Martinez is a former prosecutor, so he understands both sides of Texas criminal law and can use this unique experience to best serve you. Don’t hesitate to hire this Houston criminal defense attorney as soon as possible!

 

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

STEROID POSSESSION OR USE IN TEXAS

steroid use - texas criminal defense lawyer herman martinez

Steroid use is probably more common than you think. Many men and women choose to take steroids so that they can bulk up their muscles and have the fit body that they have always wanted. Unfortunately, anabolic steroids are illegal under the Texas Controlled Substances Act, meaning that those in possession of these drugs can be arrested or fined. If a person knowingly possesses these steroids, law enforcement will charge the offender with a Class A misdemeanor for any amount less than 28 grams. Those who have more than 28 grams of anabolic steroids may be charged with a third degree felony. This means that the possession crime will go on the offender’s record at conviction and may affect that person’s reputation or ability to get a job in the future.

Anyone who has over 200 grams of anabolic steroids can be charged with a second degree felony, which comes with serious penalties including jail. People who possess over 400 grams of anabolic steroids can be imprisoned from five years to life. The amounts are counted in units, and one pull, capsule or tablet is conserved one unit. 0.5 grams of liquid also counts as one unit of steroids.

In most states, the state and federal laws prohibit the use of anabolic steroids and Texas is no exception. This means that people can be prosecuted in both federal and state courts for this crime. Most of the time, the agency that made the arrest will determine whether you will be tried in federal or state court. On the federal level, possession of any schedule III substance including anabolic steroids can be punished by one year in prison and a minimum of $1,000 in fines.

A second offense at the federal level can lead to a mandatory imprisonment minimum of 15 days with a maximum of two years and a minimum fine of $2,500. The third offense is a mandatory 90 days in jail with up to three years and a minimum of $5,000 for possession of almost any amount of steroids. If you want more information about anabolic steroid abuse and offenses, or if you have been charged with steroid possession and want defense in court, a Houston criminal defense attorney at The Martinez Law Firm can be of use to you. Contact a lawyer at the firm today for more information.