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 was fully aware of the actions about to take place, had planned those actions in advance, and knew what the consequences would be. This is called “criminal intent,” or mens rea.

How Mens Rea Works

To illustrate the difference, let us take, for example, involuntary manslaughter versus murder. What these two offenses have in common is that one person caused the death of another person. However, the very definition of involuntary manslaughter means that the individual acted recklessly or negligent, such as improperly handling a motor vehicle, and killed another.

Murder, on the other hand, is “the unlawful killing of another with
malice aforethought.” The keywords here are “malice aforethought,”
which means that the person committing the crime had every intention of
carrying out the killing before setting out to do the deed.

The Role of the Prosecutor

A prosecutor must prove that “beyond any reasonable doubt,” that
the accused person had planned a deliberate attempt to commit a crime.
Without proving intent, prosecutors will not be able to secure a criminal
a conviction for wrongdoing.

Most cases are not this cut and dry, though. There may be instances where
the accused person mistakenly believed something else, which caused him
or her to commit the crime. Here is one example: you are driving, and
you believe that the other driver is aware of your presence and motions
for you to make your maneuver. You mistakenly misinterpret the signal,
and the cars collide, killing the other driver. Because the circumstances
of the situation appeared accidental, you may have a defense available to you. In this case, proving intent can be very hard.

Bear in mind, however, that such defenses would not be valid in civil cases,
such as if the other party chooses to file a personal injury lawsuit to
recover the damages.

Accused? Call a Houston Criminal Defense Lawyer!

If you are facing criminal charges of any sort, know that there is hope.
There may be a valid defense to help preserve your reputation and prevent
you from accumulating a criminal record. Hiring a knowledgeable defense
team is the first step. A good defender knows how to seek out advice from
leading experts and makes thorough investigations—that is precisely
what we do at The Martinez Law Firm.

Start your case today and call to schedule your free consultation with us today!

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, or recommend to the judge a certain sentence the defense finds acceptable.</p>
<p>Plea bargains are increasingly common, given the crowded nature of prisons and the desire to move through criminal cases quickly. As much as 90% of convictions are the result of negotiated pleas.</p>
<p>Two types of plea bargaining exist: sentence and charge bargaining. Sentence bargaining is when the prosecutor agrees to recommend a lighter sentence for specific charges if the defendant then pleads guilty or no contest. Charge bargaining, on the other hand, is when prosecutors agree to drop some charges or reduce a charge if the defendant pleads guilty.</p>
<p>Plea bargaining can take place almost any time during the judicial process: shortly after a criminal arrest or as a jury returns to a courtroom to announce the verdict. In the case of a hung jury, rather than go through another trial, the prosecution and defense can negotiate a plea.</p>
<p>It should be noted that while a plea of no contest cannot be used against the defendant if the victim wishes to pursue damages in civil court later, pleading guilty can be used against the defendant. Pleading guilty or no contest to a judge-approved plea bargain means the defendant’s guilt is set and the conviction can show up on their criminal record. This conviction may potentially qualify to be expunged or sealed later on.</p>
<p><strong>If you are facing criminal charges, you need a fierce attorney who can seek out a plea bargain if necessary. <a href=”/Contact_Us.aspx”>Call on The Martinez Law Firm</a> for knowledgeable representation.</strong></p></span>

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 a separate sentencing hearing.</p>
<p>When significant periods of incarceration are at stake, the probation department will have prepared a presentence report which they will argue over with the defense.</p>
<p>Judges usually consider oral statements made in court along with the probation officer’s written presentence report when they decide the sentence to hand down. As one might expect, the prosecution will attempt to obtain the maximum punishment during the sentencing for the defendant by noting any aggravating factors in their case and any history of criminal behavior. At the same time, the defense will argue for a lighter penalty. Defendants also may speak on their own behalf before the judge imposes a sentence.</p>
<h3>The Role of the Victim</h3>
<p>Victims also have a role to play in the sentencing—they can tell the judge how the crime has impacted their life, the pain they have suffered as a result, and any other reason why the judge should impose a harsh penalty. Victims have a right to make such statements before the judge.</p>
<p>Sentences are increasingly reflecting the impact the offense has on the victim and probation officers will often include a victim impact statement in the presentence report. Victims may also be eligible to recover restitution from the defendant or crime victim assistance funds that are paid by the county or state.</p>
<p><strong>If you are facing criminal charges you need a dedicated Houston criminal defense attorney to fight for your rights. <a href=”/Contact_Us.aspx”>Call The Martinez Law Firm</a> today for a <a href=”/Case_Evaluation.aspx”>free case evaluation</a>!</strong></p></span>

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 them to believe a suspect has committed a crime. In other words, there must be factual evidence, rather than a hunch, that a person is guilty of a crime.

Whether or not it exists is the judge’s purview who can examine the evidence and may disagree with law enforcement. Much is riding on the judge’s decision since the probable cause is such an abstract idea. A definition can depend on the person.  

In essence, probable cause is the necessary facts or evidence which would bring a reasonable person to believe a suspect has committed a crime. A typical example of this includes the sight or smell of illegal substances in plain view or an admission of guilt. It can also be a Police Officer seeing teenagers take a keg inside a house. They now have reasoning to go and check up on what is going on. To be clear, a minor traffic infraction such as speeding, broken tail-lights, or expired registration is not.

Probable cause usually stems from four different sources:

• Observation of suspicious and potentially criminal behavior
• An officer’s experience in elements of illegal activity
• Individuals gave statements 
• Information collected by witnesses and informants
• Circumstantial evidence which may imply guilty but which does not prove it

Have you been arrested? Call the firm today for your free case evaluation—(713) 489-9773!

What is a Wet Reckless?

A wet reckless is a plea bargain that can be made by someone charged with DWI/DUI. This is essentially a lesser charge acknowledging reckless driving with alcohol present. There are fewer penalties and punishments attached to a wet reckless conviction than a standard DWI.

However, Texas is one of the many states that does not allow the prosecution to offer this plea bargain. The law specifically prohibits the prosecution or judge from reducing a DWI charge to a non-DWI offense, which is what a wet reckless is. That being said, you shouldn’t give up hope if you have been charged with DWI in Houston.

Can my DWI Charges Still be Reduced?

Even though Texas prohibits you from pleading your DWI charge down to a wet reckless, your attorney may still be able to make a deal with prosecutors. How might this happen? While Texas does not allow certain charge bargaining in DWI cases, they do allow sentence bargaining.

In a DWI case, you could be facing the following penalties: 

• Thousands of dollars in fines
• License suspension
• Jail or prison time

When the representing lawyer utilizes sentence bargaining, they may be able to secure lesser penalties. However, you are still charged with DWI. For example, you could get the fines or jail time waived in place of agreeing to community service. Additionally, you could limit your license suspension by working out a deal to have an ignition interlock device installed instead, allowing you to continue driving.

If you were charged with drunk driving, you don’t have to fight your charges alone. Even if a conviction seems inevitable, our Houston DWI attorney can work to get your penalties reduced, and your record shielded as much as possible. With over 15 years of experience and time spent as a former chief prosecutor, Attorney Martinez is highly knowledgeable in understanding how to defend against DWI charges aggressively.

Call a 10.0 Superb rated lawyer who has been rated as a Top DUI Lawyer by H Texas Magazine and Avvo. We are available for a FREE initial consultation online or when you call (713) 489-9773!

What are Field Sobriety Checkpoints? Are They Legal in Texas?

They are not.

Texas has decided that field sobriety checkpoints are unconstitutional and therefore the state does not implement them. In 1991, the Texas Court of Criminal Appeals decided that such checkpoints violated the Fourth Amendment’s protections against illegal searches and seizures.

What about in other states?

While field sobriety checkpoints or DWI roadblocks are not allowed in Texas, nearly 40 other states do conduct them. Sobriety checkpoints are traffic stops where police officers are stationed to check drivers for signs of alcohol or drug impairment. Law enforcement may stop vehicles randomly and are not allowed to specifically profile any car or individual.

If you happen to be driving in a state where field sobriety checkpoints are allowed, you should take precautions against being arrested at a checkpoint. Even if you are just visiting, you should always make plans to avoid getting behind the wheel after drinking.

Follow these tips if you happen to run into a DUI field sobriety checkpoint in another state: 

• Do not commit a traffic violation to try and avoid a checkpoint
• Act compliant if an officer asks for your information
• Politely decline to give the officer any incriminating facts about your evening
• Do not agree to take any field sobriety tests
• Do not consent to allow an officer to search your car

Police only require a reasonable suspicion that you have been driving while intoxicated to arrest you, so if you approach a field sobriety checkpoint, refrain from erratic driving, or from giving an officer excuses or answers about your drinking. You should keep your conversation with the officer short and polite and keep from arguing or complaining.

Free Evaluation from Our Top DUI Lawyer

Charged with DWI at a checkpoint? Call on The Martinez Law Firm in Houston for help! Receive the representation you deserve from a Top DUI Attorney, as rated by Avvo and H Texas Magazine. With over 15 years of experience, you can trust that Attorney Martinez will put his extensive knowledge to work for your case.

A free consultation is offered when you call (713) 489-9773!