According to recent reports of police crimes, a Harris County sheriff’s deputy was recently indicted after claims that he was coercing women with warrants into pleasuring him sexually. Reports show that he told one woman that if she performed an act with him, he would not turn her in. He has been charged with the police crimes of sexual assault and official oppression as a result. According to investigators, he came across a woman who had an open warrant, and then offered not to arrest her in exchange for physical interactions.

Whenever police are arrested and indicted, it can be very serious. Those who are supposed to be maintaining the law are often held to the highest standard, and when arrested and charged with police crimes officers are at risk to serious punishments and guaranteed job loss. If you want to learn more about police crimes, or if you are an officer who has been charged with a serious crime, then you need to talk with a Martinez Law Firm criminal defense attorney today.

Sadly, many police officers are falsely accused of crimes like the one described above. Sometimes angry criminals want to avoid penalties, and will claim false arrests or accuse a police officer of gross misconduct. If you have been accused of a police misconduct crime, and are not guilty, then you need to talk with a Houston criminal defense lawyer at the firm today and set the record straight. At The Martinez Law Firm, Attorney Martinez and his team are here to help you out with your criminal charges. The firm is focused on working to help you with your case and doing all that they can to prove your innocence. Don’t hesitate to call the firm right away to learn more and get the information that you need!

If you were arrested for any crime, you cannot be tried for that crime twice (with some exceptions) according to the federal laws on double jeopardy. Jeopardy protection only applies in certain types of legal proceedings, but it is always important to try and challenge any actions that could possibly violate a double jeopardy statute. Essentially, the defendant protected by double jeopardy cannot be tried again on the same or similar charges following a legitimate acquittal conviction.

This does not apply to when a person commits the same crime again. Instead, this is a protection against being tried for the exact same crime more than once. For example, if a person was caught using drugs and was charged for this crime but won an acquittal, he cannot be retried without an appeal. Double Jeopardy is protected in the Fifth Amendment of the United States where it says that no person shall be subject for the same offense twice to be put in jeopardy of life and limb. There are four distinct provisions which can be identified in the double jeopardy clause. These are:

• Subsequent prosecution after acquittal is illegal
• Subsequent prosecution after conviction is not permissible
• Subsequent prosecution after mistrial is unconstitutional
• Multiple punishment for the same indictment is unconstitutional

If you have been arrested and/or tried for a crime, and you are told that you are going to be re-arrested, it is important that you hire a criminal defense attorney to help you and argue Double Jeopardy in your case today. Don’t hesitate to hire a successful criminal defense lawyer, like Herman Martinez, from The Martinez Law Firm to represent you and make sure that you get the treatment that you deserve in your case. Learn more by talking with an experienced attorney at our firm today!

In Houston, the police have been accused of racial profiling when they arrested two African-Americans and a white teenager after seeing her with the two men and assuming she had been stolen or was a runaway. In reality, the girl was a dancer who was travelling with her dance partner and trainer throughout the United States to head to a hip-hop academy and tape a video.

The police stopped the unlikely trio at a gas station and handcuffed them, putting them all into patrol cars and taking them to the police station. When the police called the 13-year-old blonde girl’s parents, they were shocked by the law enforcement’s tone. They said that their daughter was exactly where they wanted her to be, and they had given her dance instructor a plethora of papers to help prove that they were travelling in a legal fashion.

The parents say that the dance instructor had his student’s birth certificate, insurance card, and every contact number that was necessary. He also had a signed letter from the parents acknowledging that he had permission to care for the teenager. The police eventually let the threesome go, but stirred up a lot of frustrations in the midst of the situation.

Sometimes, police will racially profile individuals and will make assumptions that are incorrect or are even hurtful. If you think you have been a victim of racial profiling by a police officer, or have been accused of a crime based on your race or culture, then you need well versed criminal defense attorneys like Herman Martinez and his team to assist you in your case. With the right criminal defense attorney on your side, you may be able to prove that you were racially profiled in arrest and do not deserve the penalties that you are facing.
Contact the firm today to learn more about these types of cases!

For some families, having everyone together under one roof is a joyous celebration. For others, this could be a recipe for disaster. Sometimes, the holidays can remind bitter ex’s of the way things used to be, and can cause a person to become depressed and irrational. Also, some family members may have high expectations for how they want the holidays to play out.

If a holiday does not turn out the way that this individual expected, the added stress and disappointment may send this person over the edge. The National Institute of Justice says that this condition is called familicide. There are certain risk factors which put a person at a high probability to struggle with familicide. For example, if a person has a history of domestic violence, access to a gun, and a prior history of substance abuse this typically puts that individual at a high risk to familicide. Sometimes an uninvited family member can also attend a Thanksgiving celebration unexpectedly, and this can result in altercations that can lead to arrests.

If you are arrested for a domestic violence act this year during the Thanksgiving celebrations, then you are going to want an attorney on your side to represent you. A Houston criminal defense lawyer at The Martinez Law Firm can help you with your case and will represent you in the best light possible. Maybe you were mentally unstable at the time of your action, or you may be innocent. Sometimes bitter relatives will accuse an innocent relative of physical or sexual abuse in order to get even.

If you are accused of any domestic crimes, hire an aggressive Houston criminal defense attorney to come alongside you immediately. You will want someone who can be tactical in helping you with your case and will be able to evidence your innocence.

Thanksgiving weekend is one of the most popular weeks for Thanksgiving DWI arrests within the year. This is because many individuals will enjoy a glass of wine or two with dinner and then consume beer while watching football. In addition, an individual may consume a holiday drink or two over the course of the night. By the time he or she is ready to drive home, the individual may be well over the legal limit. Every year, police forces put out large numbers of patrols to watch for Thanksgiving DWI offenders that are making their way home after a Thanksgiving celebration.

Ironically, “Black Wednesday,” which is the day before Thanksgiving, has also become a popular day for drinking. According to the Sun-Sentinel, this has become one of the biggest alcohol drinking nights of the year, second only to New Year’s Eve. Researchers say that Black Wednesday encourages drinking for a variety of reasons. For one, relatives are in town, and for another college students are home. Also, there is no work on Thursday, so individuals are partying and decide to drink without worry that they will have to go into work hung-over.

Many restaurant owners and bar owners say that they are specifically preparing for Black Wednesday by offering special deals that night. Yet it is important for these drinkers to remember that they need to be wise when they choose any alcohol. Driving home intoxicated may result in a DWI charge, which will then inevitably result in arrest. If you have been arrested for a Thanksgiving DWI, then you need a dedicated attorney and former prosecutor on your side. At
The Martinez Law Firm, you can trust that you will have the aggressive representation that you need to work through your charges effectively. Call the firm today to learn more!

Hitman Scams have been shaking up Houston. A startled woman was shocked when she received a text message to her phone notifying her that she was being watched and that a hitman was paid to kill her. According to the report on KHOU, the woman received an unsettling message on Sunday which essentially said “someone paid me to kill you. I will spare you if you pay me $5,000 in two days.” The victim was told that if she notified the police then she would die. The hitman also warned the victim that she was being monitored. Despite the warning, the victim quickly reported the cryptic text message to the police.

When the woman reported the incident, she was told that she had already received several complaints about similar threatening messages. The FBI has also been getting complaints about texts of this nature. The authorities have determined that this is a “hitman scam” that is taking place at present in the United States. The scammers locate numbers and fabricate hitman situations in order to get money. The messages normally come from foreign numbers and ask the recipient to respond to anonymous e-mails.

The death threat scam can affect individuals in any location. Scammers have resolved to use this tactic because they believe that it can evoke a serious emotional response in the victim and they will get their money as a result. If you want more information about hitman scams, then you need to talk with a lawyer today. If you have been accused of participating in a hitman scam of this nature, you could face serious penalties if convicted. You may be charged with sending death threats as well as participating in a scam. If you need to discuss defense for one of these crimes or something similar, then contact a Houston criminal defense attorney with the Martinez Law Firm today to learn more.

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. 

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.

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!

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!