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!

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!

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.

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

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.

 

It is illegal to falsify information or lie to an insurance company. In
fact, if you are deceptive towards an insurer, you will not only be confronted
on moral grounds. You may be taken to court and charged with insurance
fraud as a result of your actions. If you are charged with this crime, you will want to hire a Houston criminal defense attorney to help you immediately.

At The Martinez Law Firm, we understand that you may not be guilty of your crime. For example, we may be able to argue that you did not intend to deceive or defraud the insurance company. Maybe you did not have the right information and your crime was completely unintentional. As well, an attorney may be able to argue that the information that you provided to an insurance company is not false after all. Many times miscommunications can come off as lies when there is simply a discrepancy in the language.

A Houston criminal defense attorney could also argue that there was a mistake in the fact. For example, you may have truly thought that a fire in your home started with a defective product and only learned later that the
fire started because you left your stove on when you went out to run errands. There are countless instances where you may be mistaken and you may have provided information to an insurance company that you assumed was true. With so many defenses to employ, it is essential that you make to have a Houston criminal defense lawyer on your side when accused of lying to an insurance company.

If you do not hire a criminal defense attorney to help you and are consequently proven guilty of your crime, then you can be charged with a state jail felony. For example, there have been insurance fraud claims that have come with first-degree felony convictions because of their lies.

People who purposefully falsify information on one of these insurance claims can be sent to prison for up to two years in addition to the other charges. All of this is outlined in the Texas Insurance Fraud Statute in the Penal Code, Title 7 Chapter 35. If you want more information about insurance fraud and how to handle allegations, make sure to contact an attorney at The Martinez Law Firm.

The lawyers at this firm are devoted to helping clients in need with their
criminal defense cases.

Whether you have been charged with a
white collar crime a fraud crime, or murder, these lawyers are here for you.
Contact them today!

If you have been charged with the use of deadly force, then you will want to know what kind of allegations you are up against. For one, the use of deadly force is covered in Chapter 9 of the Texas Penal Code with laws regarding deadly force. There are some situations in which you can get away with using deadly force, and these are clearly outlined in the code. Justifications include using deadly force in self-defense, using deadly force in self-defense of another, or using deadly force in defense of property. These arguments are only valid if the deadly force is used reasonably in the context of the situation. For example, if someone was attempting to harm you and you used deadly force in order to keep from being hurt, that would be justified.

If a friend lays a hand on you while you are in a bad mood and you result to deadly force in an act to “defend yourself,” chances are that the context will cancel out your justification in the court. You could be charged with deadly force or assault as a result. An individual is allowed to use any force that he believes is reasonable against another individual in the attempt of self-defense. IN order to declare self-defense, a defendant must prove that his or her attacker was attempting an unlawful attempt such as assault, battery, or rape. Resisting arrest is not grounds for self0defnese, nor is resisting a peace officer. If the defendant is provoked, then the court may declare that the deadly force was criminal, not justifiable.

If someone that you love is in danger, then you have the right to use deadly force in protection of that person. You cannot weld deadly force in an irrational way. For example, if you are a father and see a young man grab your daughter’s hand, you do not have the right to punch and beat him for doing so. If you could prove that the victim of your violence had the intention to rape or harm your daughter, then you would be justified. You will need to prove in court that deadly force was the only way to protect the third person in order to insist that you were doing the right thing.

You may also need to use deadly force to protect your property. Normally this means inflicting violence on a criminal who intends to rob you or burglarize your home. You will have to prove that you could not protect your property by any other means other than deadly forceful violence in order to justify your actions in court. With the help of an accomplished lawyer, you may be able to justify your choices and show that you have every right to walk away from a deadly forces charges without a sentence. Talk to a lawyer at the Martinez Law Firm today if you need more information.

As a attorney in Houston handling sexual assault cases one of the most important things my clients needs to know are the consequences pertaining to different sexual crimes. Thus,it is impostant that the client understand each of the issues outlined below.

  1. ______ , I understand I Am required to meet the sex offender registration requirements of Chapter 62 of the Code of Criminal Procedure.
  1. ______ , I understand I must register with local law enforcement agencies in the city or county where I reside.
  1. ______ , I understand under certain circumstances I must periodically verify registration information or enter a new registration with local law enforcement agencies in any city, or county where I intent to reside, move, visit or work.
  1. ______ , I understand I am subject to the above describe registration program and the duty to register does not generally expire until ten years after my sentence or community supervision ends because I will have been convicted or placed on deferred adjudication for on the offense listed below:

OR

______ , I understand I am subject to the above described registration program and duty to register is for the remainder of my life because I have been convicted or placed on deferred adjudication for one of the offenses below:

  1. ______ , I understand I must register as a sex offender regardless of the pendency of an appeal.
  1. ______ ,I understand that failure to comply with sex offender registration laws is a criminal offense.

Your Houston Sexual Assault attorney needs to know these issues and many more. Please do not hesitate to contact me if you have any question regarding these type of cases.

As I have mentioned before, there are two types of community supervision, (probation) in Texas. One is probation, the other is deferred adjudication. What a lot of criminal lawyers do not mention to their clients is Pre-trial Diversion. I am not sure if the criminal attorneys that do not alert their clients of Pre-trial Diversion are because of a lack of knowledge or because it is so difficult to obtain when compared to a probation or deferred adjudication.

One of the most important requirements for a person seeking entry into
the Pre-trial Diversion program is a completely clear criminal record. Typically, even a case that was previously dismissed will preclude someone
from entering the Diversion program.

If someone is seeking entry into the program in Harris County these are
some of the things needed:

PRE-TRIAL DIVERSION APPLICATIONS SUGGESTED CONTENT

1. The application should be submitted at least one week prior to the next
court setting.

2. A statement should be detailing the following: summary of the circumstances of the offense charged; a statement of any mitigating factors, including a statement of why you deserve this extraordinary benefit; a statement explaining the current home life, including information regarding support systems; the statement
must admit guilt, but it will not be used against you if you are not allowed to enter the program.

3. A complete representation of any juvenile or adult criminal history,
including pending cases in other jurisdictions, arrest that has not been expunged.

4. All content should be race-neutral.

5. Current family and residential information.

PLEASE STATE IF YOU DO NOT LIVE IN HARRIS COUNTY OR AN ADJOINING COUNTY OR RESIDE OUT OF STATE. THIS
MAY AFFECT ELIGIBILITY. PERFORMANCE UNDER THESE AGREEMENTS IS EXPECTED TO TAKE PLACE IN HARRIS COUNTY, TEXAS. THEY ARE NOT TRANSFERABLE.

6. Photographs, original awards, or certificates; you may have received.

7. Include verification of current and past school enrollment, including transcript, if possible.

8. Include verification of your current and past employment (Resume suggested).

9. Letters of recommendations (at least 2).
THE APPLICATION PACKET SHOULD BE LIMITED TO 10 PAGES OR LESS.
ALL APPLICANTS ARE EXPECTED TO BE DRUG-FREE WHILE THEIR CASES ARE PENDING AND MAY BE TESTED ON THE DATES THEIR CASES ARE SET IN COURT. THE INABILITY
TO PASS A DRUG TEST ON THE DATE THE CONTRACT IS TO BE SIGNED MAY CAUSE THE APPLICATION TO BE DENIED.

The way people are treated when they are arrested in Houston, Harris County, Texas leads them to believe that they are guilty until they can prove their own innocence, and could never get their case dismissed. Luckily, this is not the law in the criminal justice system despite beliefs to the contrary. Since most criminal cases do not go to trial, innovative ways need to be developed by a criminal
defense attorney to get a get case dismissed or prevent a person from
getting a permanent conviction on their record.

One of the main ways a person is able to prevent a conviction is by
obtaining a deferred adjudication. A deferred adjudication is a form of community supervision or probation that prevents a conviction from becoming final on a person’s record. Once a person successfully completes the deferred adjudication they may petition the court for a non-disclosure (sealing of the records). Some cases may be “sealed’ immediately while others have a waiting period. The downside of deferred adjudication is that the Government will also see the record even if it gets “sealed.”

An even better way to prevent a conviction on someone’s record is by
doing a Pretrial Diversion. A Pretrial Diversion is better than a deferred adjudication because it allows a person to expunge, clear, or destroy all records pertaining to the arrest. Most importantly, the Government will NEVER be able to see the arrest in the future. An example of a Pretrial Diversion is Astros Centerfielder, Jordan Schafer, who was arrested for
marijuana possession.

If you are facing criminal charges, call my office in Houston for a free consultation.