Blog

28 Jan 2016 Posted By Herman Martinez

When can a DWI be charged as a Felony in Texas?

It is important to understand that the circumstances directly surrounding your DWI arrest could greatly affect your charges. In the state of Texas, first and second time DWI convictions are only considered to be misdemeanors. You will have automatically been charged with…

11 Nov 2015 Posted By Herman Martinez

Field Sobriety Test FAQ’s

When an individual is pulled over on suspicion of DWI, the police will most likely conduct a field sobriety test (FST) to see if they are in fact intoxicated. Unfortunately, they are not always accurate because a myriad of other factors can…

31 Aug 2015 Posted By Herman Martinez

DWI if You Refuse a Blood or Breath Test?

Refusing a Blood or Breath Test In Texas, the “implied consent” law means that you consent toa test to determine the amount of alcohol in your system. The law measures intoxication by the blood-alcohol content (BAC) percentage. A measurement of…

25 Aug 2015 Posted By Herman Martinez

Proving Intent in Criminal Cases: A Prosecutor’s Burden

Proving Intent is One of the Hardest Parts of a Prosecutor’s Job Proving intent considers a  person’s mental state and makes up the largest part of how criminal trials transpire. Prosecutors have the burden that an individual’s state of mind…

18 Aug 2015 Posted By Herman Martinez

Fighting a DWI in Houston

Know Your Rights One of the first things you need to do if you want to have any chance offighting a DWI in Houston, is you need to understand and exercise your legal rights. The law does not require you…

17 Aug 2015 Posted By Herman Martinez

How to Achieve a DWI Expungement

Expunging a DWI Can Help Your Future After you are convicted of a DWI, it is essential to eventually seek an expungement. A DWI will go on your criminal record, which potential employers can access whenever you are interviewed for…

30 Jun 2015 Posted By Herman Martinez

Plea Bargains: What to Know

<span><p>Plea bargains are agreements between a defendant and a prosecutor where the defendant agrees to either plead guilty or no contest. In exchange, the defendant receives an agreement from the prosecutor to drop at least one charge, reduce a charge,…

23 Jun 2015 Posted By Herman Martinez

Sentencing: What to Expect

<span><p>For misdemeanor cases, the judge will typically sentence the defendant immediately after they plead guilty or no contest or are found guilty by trial. Felonies will usually mean the judge will not impose a sentence until several days later in…

16 Jun 2015 Posted By Herman Martinez

After an Arrest: Remaining Silent

The Fifth Amendment is clear— “no person shall be held to answer for a capital, or otherwise infamous crime…nor shall be compelled in any criminal case to be a witness against himself.” Law enforcement may or may not inform you…

09 Jun 2015 Posted By Herman Martinez

What is Probable Cause?

Probable cause is the linchpin in many criminal cases. Police are required to have a cause to arrest someone or obtain a warrant from a judge. In establishing probable cause, law enforcement needs to show an objective situation that leads…