Author: Martinez Law Firm

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Can Immigrants be Deported After an Arrest?

immigration laws explained by herman martinez houston criminal defense attorney

A new immigration bill claims that immigrants that are in the United States
illegally should not be removed from the nation until they are convicted
of a crime that they were arrested for. This means that if you are an
immigrant and you are arrested for a DUI manslaughter case, then you cannot be forced to leave America until you are proven
guilty of your crime.

After this, there is still not a set rule that will mandate deportation.
Immigrants who are convicted of crimes like manslaughter may be able
to remain in the United States if they can prove that it will be a hardship
to their family members if they are sent back to their country of origin.
For example, if a man is arrested for an assault charge, and then convicted,
but has a wife and children in California, he can prove that it would
be difficult for his family if he was sent away.

As a result, the individual may be able to serve a short sentence in the
The United States so that he can resume his responsibilities to his family.
If you are an illegal immigrant that is facing criminal charges, the suggestions in this bill could have serious implications for your future. You cannot even be asked to leave the country until you are convicted of a violent crime, so your first step to battle deportation is to locate a reliable Houston criminal defense lawyer.

You need to hire a lawyer at The Martinez Law Firm if you want someone
that you can rely upon to tackle your case. Attorney Martinez is a former
prosecutor, so he understands both aspects of criminal law and can use
his background to develop a defense for your case.
Call him today if you want more information!

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

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SUPREME COURT DECLARES SILENCE CAN BE HELD AGAINST YOU

Last week, the Supreme Court weighed in on a case where the defendant claimed that his Fifth Amendment rights were violated because his silence was used against him in the case. The defendant was originally called in as
a witness on a murder case, and was responding to officers’ questions when they asked him if his shotgun shells would match the shells found at the scene of the crime. At this time, the man who had been open to talk before clammed up and would not answer any more questions. He refused to respond to law enforcement, shuffled his feet, and displayed signs of extreme discomfort.

The man was arrested for his incriminating behaviors, and eventually convicted as the murderer in a case in Texas. His defense attorney then appealed the case, claiming that because his silence was used as evidence of guilt, the case was unconstitutional. The Supreme Court looked at the situation, and justices decided that the man should be found guilty for murder and that his silence could be used to prove this fact.

They say that this is because the man was not under arrest at the time
that the interview took place. Instead, the defendant was in the middle
of a witness interview. He had not been arrested, and had not been read
his Miranda Rights. Now, the Supreme Court claims that before an arrest
or before Miranda Rights are read, law enforcement can use a person’s
silence as evidence that they are guilty of a crime.

This has far-reaching implications for criminal cases in every state. If
you have been arrested for a crime and your silence was used against you,
you need to get a Houston criminal defense lawyer involved right away. With the right criminal defense attorney on your side you may be able to challenge your case and receive a reduced sentence or a dismissal!

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

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DWI DEFENSE ATTORNEY

ROAD RAGE CAR ACCIDENTS CAN LEAD TO CRIMINAL CONVICTIONS

Road rage is the act of driving angrily and aggressively without any regard to other motorists out on the road. Those who are struggling with road rage tend to speed, cut other off, tailgate, and do a variety of other dangerous or foolish acts. If a driver who is displaying road rage ends up in a fatal accident, then that man or woman can be arrested and may be charged with vehicular manslaughter. This is because the witnesses may be able to evidence that the driver was operating his or her vehicle with reckless intent.

If you have been arrested for vehicular manslaughter stemming from road rage, then you need to hire a local criminal defense attorney to help you combat your crimes. Without a hardworking lawyer on your side, you may be convicted of this serious crime and may eventually be jailed as a result. Even if you merely injured a person in a car accident due to road rage, it could still lead to a charge and a conviction for vehicular assault. This is especially true if you were angry at the driver and then bumped his or her car or facilitated an accident out of anger.

Many times, road rage accidents may be the result of a DWI. Some intoxicated individuals become excessively angry, and may even cause accidents as a way to vent their anger at drivers out on the road. Even a driver who does not have an illegal BAC above the 0.08% threshold can be arrested for this crime and charged with vehicular assault or manslaughter if the alcohol caused aggressive and irritable behavior. Those who are driving with a BAC above 0.08% may be arrested for dual crimes. Talk to a
Houston criminal defense attorney today if you want more information about how aggressive driving or road rage can affect a case and how to combat accusations.

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

CONCEALED HANDGUN LAWS TO KEEP IN MIND

In Texas, the authorities take weapons crimes seriously. Carrying a concealed handgun without a license can result in serious punishments that can lead to heavy fines or jail time. According to Senate Bill 321, those who carry handgun licenses have the right to transport and store firearms and ammunition in a locked, privately owned motor vehicle. Employers are not allowed to prevent employees from keeping these concealed guns within their vehicle in a workplace parking lot unless the employee meets certain exceptions which could make him or her exempt from the law.

The Texas Penal Code also mandates that a person is in violation of the state laws if he or she intentionally and knowingly carries a handgun when not on his or her own premises or premises under the person’s control. People are also allowed to carry their handguns inside of a privately owned motor vehicle or watercraft that is owned by the person. There are times that the law rules that a person who carries a handgun onto a boat or into a car and keeps that handgun in plain view can be prosecuted. Also, if a person is engaged in a criminal activity other than a Class C misdemeanor if the person is prohibited by law from possessing a firearm and still has one in his or her possession, this can result in prosecution.

If you have a license to carry a concealed handgun, then you will want to make this clear to the court if you are arrested for a weapons offense. If you do not have a license and are not permitted to legally carry a handgun, then you need to contact a lawyer to help you during your trial. With the right attorney on your side, you may be able to evidence that you were acting in ignorance or that you did not commit a crime. Talk to a Houston criminal defense attorney today for more information!

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

LEARN WHAT'S NEXT

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Texas Introduces Domestic Violence Registry

Most states have sex offender registries that allow them to list those convicted of sex crimes. Rapists, sexual assaulters, child pornography offenders, and others are listed on this registry for the public. The registry is public shaming, and many individuals will steer clear of
sex crimes in order to avoid being put on the state list where anyone can learn about their past offenses. Now, Texas has created a new registry of similar nature for those that are domestic violence offenders.

Every year, thousands of individuals are battered and harmed by family members. In fact, the Texas Department of Public Safety reports that in 2011, 177,983 people reported incidents of domestic violence. 40% of these incidents were against a spouse, and about 16% of the acts of violence were against children. 44% of all domestic violence acts involved violence against an immediate family member.

Because of this, the state has decided to list all persons convicted of domestic violence or domestic abuse on a registry. The registry will show their names, birth dates, and even mug shots. If you have been charged with a domestic violence crime, you will want an attorney there to represent you in court. If you fail to prove that you are innocent of your crime, you may be placed in this registry where your reputation will be damaged. Currently, the registry is reserved for individuals with three or more domestic violence convictions.

An attorney at The Martinez Law Firm can help you if you have been accused of a violent crime against a family member. Many times, domestic violence cases are over-exaggerated or can be fabricated by a bitter family member. Commonly, women will report that their partners or husbands abused them, even if this is not true. The courts tend to believe women over men in these situations, and an innocent husband or father may be jailed as a result. If you’re looking for the best Houston criminal defense attorney available, then you should contact The Martinez Law 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 Law May Enhance Protection For Homosexual Teenagers

Texas lawmakers make put into effect laws to protect homosexual teenagers. Under current laws, sexual contact with minors that are under the age of 17 is considered a crime of indecency in Texas. A caveat in this law allows teenage couples to avoid prosecution if they are in a consensual relationship and are both over the age of 14 and within three years of age of each other. Still, this law specifically states that this law is only available
to couples of the opposite sex. For example, if a 17-year-old and a 21
year-old of opposite sexes engage in a consensual amorous relationship,
then neither party can be prosecuted in connection with the crime.

If the same situation were to happen but between two homosexuals, current law would not allow for both parties to avoid prosecution. That is why a new law has been proposed. This new law would make it possible for homosexual teenagers and others to have the same protections as their heterosexual peers. The bill is currently going through the state legislature and claims that Texas should revise its definition of indecency with a minor to remove any implications that the law only has to do with heterosexual couples. In many states, sex offender relationships that are consensual and between those that are close in age have been treated with leniency.

Texas is one of the only states that distinguish that both partners in
one of these situations must be of the opposite sex in order for a consensual relationship to take place. This intriguing discussion on gay rights could affect some criminal law cases, so if you have been accused of sexual indecency with a minor, then make sure to mention this pending legislation to your attorney. Hire a Houston criminal defense lawyer at The Martinez Law Firm to assist you if you need help with your sex crime allegations today!