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!

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!

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!

One of the most serious allegations that can ruin a person’s name, reputation and career is child pornography.

False allegations of child pornography can be due to a number of valid reasons such as not knowing a person was underage, being accused by someone seeking to harm your reputation or seeking revenge, someone else using your unsecured Wi-Fi to download child porn or even coming across child pornography on the Internet by accident. While this is a very serious charge, not everyone is indeed guilty of the charges but it is a very difficult situation to overcome without the help of an attorney that is knowledgeable in this area.

One of the most important things to know is to not speak to law enforcement until you have hired a criminal defense attorney. As soon as an accusation has been made, this should be your first order of business. This can protect you against further damage and get you started on working to have the charges dropped and protect your reputation. By seeking the advice of a knowledgeable attorney, you can protect your rights and have all areas of defense covered.

Since the mere possession of child pornography has dire consequences, you could be facing a minimum of five years and up to 20 years of imprisonment as well as having to register as a sex offender. That is why it is of the utmost importance to start as soon as possible on covering all of your bases with a criminal lawyer that has experience in these types of cases.

Recently, a domestic violence fight erupted at a girl’s 16th birthday that ended in the tragic death of both of her parents. According to KHOU, the parents began arguing as the party, and the argument escalated when a gun was pulled. The father, Kelly Suckla, shot his wife Kristi near the door of the home at about 10:00 p.m. After realizing what he had just done, the enraged father turned the gun on himself in the front yard and committed suicide. While the couple had been estranged for years, they were still married and were allegedly on amicable terms. Both had chosen to get together for their daughter’s birthday to make it a special day for her. Kristi allegedly moved into her parent’s home two months before her death and was hosting the Sweet 16 at this residency.

Neighbors were speechless when they heard about the shocking deaths. They say that this is relatively a quiet neighborhood that is full of families and laughter. The family members at the party were aware that both husband and wife would be at the party together, and the violence was not anticipated in the least. Family members who were there at the time of the death include the couple’s daughter and son. Though they did not witness the shooting, both children say that they hear the screams and the gunfire.

Tragically, this is not the only domestic violence murder that has taken place in Texas in recent years.

In fact, in recent days the number of murders has more than doubled. There were 26 murders related to a domestic argument in Dallas alone last year, which is saddening when there were only 10 the year before. The spike in abuse cases may be related to the unemployment levels in Texas. Many researchers say that when spouses aren’t employed it can be unhealthy for their relationships and may cause tension that can lead to abuse. In Texas, officers are now prioritizing domestic abuse cases above others to tackle this extreme and saddening problem.

If you have been accused of domestic violence, you may be facing serious sentences for your crime. If you need someone to advocate for you in court to prove your innocence, then The Martinez Law Firm may be the right firm for you.

Being falsely accused of sexual assault is an extremely stressful situation. Your reputation, livelihood and family life are all called into question. Hiring an experienced defense attorney is a crucial investment in your future. Sexual assault charges can bring years, and even life, in prison. While I suggest you seek an attorney to evaluate your situation as soon as accusations are made, no doubt you are doing your own research as well. I have compiled the answers to some frequently asked questions I’ve received from clients over the years.

How long will it take to clear my name? Unfortunately, there is no set time table. I’ve seen cases settled quickly, before an indictment. I’ve also had cases go to trial and take over a year to resolve. The important factor is to seek legal advice immediately, so your attorney can be your advocate from the start.

Should I try to contact the person making the accusations? In most cases, the answer is no. Usually, a judge will order that there be no contact as part of the bail conditions. However, an attorney can argue these conditions, especially if the accuser is your child, wife or someone else in which you need to have contact.

What if I had a consensual relationship with the accuser? Again, this is where an experienced attorney will gather as much information as possible, sometimes hiring a private investigator, performing independent physical evidence testing and effectively cross-examining witnesses. A consensual relationship can be established through rigorous investigation. It doesn’t have to be your word against the accuser.

Should I talk to the police? The police will always want to interview a “person of interest” and it’s natural that you will want to explain yourself, hoping to clear your name. However, it’s important to speak with an attorney before making any statements to the police and have your attorney present during the interview. Even if you think you are helping your case, you are most likely hurting your future defense.

There’s an abundance of information and FAQs online. However, your future is at stake when you are accused of a sexual assault. Seek the legal counsel of a Houston sexual assault attorney. Feel free to contact me to ensure your freedom and rights are protected

All across the United States, arson, the crime of setting property or items on fire, is considered a crime. Recently, a man was arrested in the Lubbock area when he allegedly set an apartment building on fire. The devastating fire caused the death of an elderly woman who was not able to evacuate before she was engulfed. The police took a 23-year-old suspect into custody and charged him with the murder of the woman inside the building.

The Lubbock Police Department claims that this criminal intentionally set the building on fire. The police thought the fire was suspicious when they realized that there were no product defects or kitchen fires that had caused the blaze. At the last report, the 23-year-old in custody was being held on a $3 million bond. The jail records show that the young man lives in an apartment where the fire broke out and that the blaze may have originated in his room. They think that it may have been purposeful. It is still not certain whether or not the elderly woman who perished in the fire lived alone. Her name has been kept from the press in order to preserve her family’s privacy.

Arson and murder are two serious felonies that can come with exorbitant charges. In Texas, the courts have upheld capital punishment, so murder can even cause a death sentence. If this happens, then the defendant will want an incredibly talented and hardworking attorney on his or her side. Because violent crimes are taken seriously in Texas, you will want a lawyer who is unwavering in his resolve to defend you. You need someone that you can rely on, and someone that you can be sure will be there for you every step of the way. At The Martinez Law Firm, you can trust an attorney to come alongside you and advocate for your best interests.

New Year’s Eve is a time of celebration, which often means that the night will involve alcoholic drinks, dancing, and all the elements of a good party. While annual New Year’s Eve parties can be loads of fun, they can end in a devastating arrest if drivers are not careful. If you choose to drink at your New Year’s celebration, then you should not drive afterward. You may want to designate a driver that will stay sober and provide transportation to and from the party. Oftentimes, it’s difficult to find a friend willing to take on this role. As a result, you may want to consider hiring a professional driver to transport you to and from your event on New Year’s Eve.

You can hire a taxi cab in Houston to take you back to your home to avoid new year’s DUI. As well, if you are traveling to a party with a lot of friends, you may want to hire a party bus or a limousine. Not only will this arrangement keep you safe to avoid a new year’s DUI, but it will also be a lot more fun. Whether you designate a driver, hire a professional transportation service, or opt for public transportation, you should never get in the car and drive home after having too much to drink. During the holidays, the Houston Police Department often adds extra DUI checkpoints all throughout the city and has many roving patrols looking for drivers that are swerving, disobeying traffic signals, or speeding.

Police know that New Year’s Eve is a time of partying and alcohol. Therefore, they are on the lookout. While the police may seem like an enemy on New Year’s Eve, their goal is noble. They want to protect the innocent drivers out on the road in Houston from a fatal DUI crash because of another person’s inability to drive safely. If you need more information about DUI defense, then you need to contact a lawyer at
The Martinez Law Firm today. With the right defense, you may be able to avoid a New Year’s DUI charge or may be able to lessen your charges at your hearing.

 

In Harris County Texas, in May of 2011, a young man was close to getting away with his well-thought-out crime of robbery, until he shot himself. Investigators share that they believe he would have actually been able to make an escape had he not incapacitated himself by way of shooting himself after the hold-up. Twenty-year-old Kerney Devon Benson-Flowers now is facing charges for felony aggravated robbery for his actions.

According to a criminal report filing by a witness motorist stating that he and his friend were sitting in a vehicle on Sapphire Mist Court close to the North Freeway at the time they say Flowers and another individual approaching. They were driving in a large Dodge Ram truck and then soon parked in the neighborhood cull-de-sc. Within moments the witnesses saw two men with ski masks covering their faces and armed with weapons, approaching their vehicle. At this point, they demanded their wallets, and in fear of being killed they handed them over to the criminals without hesitation.

The witnesses state that the following turn of events was anything from normal because as the two robbers were running away back to their truck, there was a gunshot and a loud scream. Flowers was the individual who accidentally shot himself, though it is uncertain how severe the injuries were at the time. These two men did escape at the time, and little did they know that month’s later one of them would be pinned back to the crime. After the police conducted investigations from the scene of the robbery and single gunshot, they were able to find traces of blood as well as bullet fragments. Police sent these findings off to the crime lab for testing and in October the reports came backlinking the crime to Flowers.

Local Deputy Thomas Gilland, with the Harris County Sheriff’s Office, states that this incident just proves again that criminals think they can get away with their crimes, and he discusses that now a day’s law enforcement has the needed technology to link criminals to their actions making it harder for them to get away with it. According to police reports, Flowers had already spent three years of his life in prison for a theft conviction and was just recently released from the Texas Department of Criminal Justice.

Robbery charges can result in severe consequences with the law if an individual is convicted, especially in the case of Flowers who have a previous record of theft convictions. Law enforcement officials will stop at nothing to take action against individuals who have broken the law, which is why hiring a criminal defense attorney is so essential. If you are facing similar charges for theft or any other criminal offense, contact
The Martinez Law Firm today for the
Houston criminal defense attorney that you deserve!

Even on Christmas Eve, crime doesn’t sleep. An unfortunate chase ended in the death of a bystander and a Bellaire police officer in the City of Bellaire right outside of Houston. According to KHOU the officer responded to a shooting outside of a business on Bellaire Boulevard. When the Houston police arrived at the scene, they noticed that it was one of their officers that had been shot. A bystander also died at the scene of the crime when he was unable to move out of the way as the conflict went on in front of him. The shooter was being pursued in a chase and retaliated with gunfire. According to the reports, the officer was sent to the Ben Taub Hospital in critical condition but was pronounced dead upon arrival.

As well, the shooter was attacked by the police who responded to the call. He tried to flee with his gunshot wounds but was eventually captured in a nearby building and taken to the hospital under arrest. Citizens in the area were outraged by the shooting and distraught that two families will be mourning the loss of a loved one on Christmas.It is highly probable that the shooter will be charged with Capital Murder. It will be up to the new District Attorney, Mike Anderson whether the office will seek the death penalty in this case.

If you have been accused of aggravated assault,
manslaughter or murder, then you are going to want a dedicated attorney to help you. You may be able to argue that you never intended to harm those who were chasing you, or that the gun went off accidentally. There are a variety of different positions that a skilled attorney may be able to argue effectively in your favor. When you are looking for a Houston attorney you can rely on, you can always count on The Martinez Law Firm to be there. The lawyers at this firm are dedicated to expert advocacy. They will help you to handle your case with professionalism and will argue to your advantage. Talk to the firm today for more information!