CAN YOU SEAL YOUR JUVENILE COURT RECORDS?

seal juvenile court records with houston criminal defense attorney herman martinez

 

Want to get your juvenile court records sealed? You can get a fresh start on your life by filing a petition in court and seeking expungement of a juvenile court conviction. Most of the time, expungement will make it so that employers, landlords, licensing agencies and others will never know that you have been arrested or convicted of a crime. Expungement is not the same as erasing the crime from your record, because it can still serve as a strike against a harsher punishment for repetitive behavior in the future.

The person that is seeking the sealing of their juvenile court records must be an adult in almost all states. This means that you must be 18 years old to seek an expungement. Also, in order to receive an expungement or seal your criminal records you will need to wait for a specified amount of time to pass. For example, to seal a juvenile court ruling the defendant will need to wait until five years have passed from the date of the offense or the end of the court proceedings. Also, states have the right to place limits on the types of offenses that can be expunged from a juvenile record.

Many states don’t allow people to expunge serious or violent offenses from a record. Any offense that would be a felony in an adult criminal court is normally supposed to remain as public record. Also, if you have an offense on your criminal record that resulted in later criminal arrests or convictions as an adult, then you may not be able to seal your juvenile record. If you believe that you qualify for expungement, then your first job should be to hire a professional Houston criminal defense attorney to help you argue for the record sealing. You will want an attorney there to prove to the court why the expungement is necessary. Talk to the Martinez Law Firm today for more information!

Do You Need a Lawyer Present at Your Arraignment?

arraignment - herman martinez - criminal defense lawyer in houston

An arraignment is the first time that you appear before a judge and enter the plea of guilty or not guilty of the crime for which you have been charged. This arraignment normally happens shortly after your arrest. While you are free to ask a lawyer to attend your arraignment, the presence of a lawyer is not necessary. It may benefit you to have an attorney there with you from the beginning of your case so that he or she can inform you as to how to respond to the judge’s questions.

At the arraignment, the judge will normally set a date for the next court appointment in your case, and will consider any bail requests that make or any bail requests by the prosecutor. If you don’t have a lawyer and don’t plan to hire your own attorney to help you tackle your case, then the judge will appoint a lawyer for you at your arraignment and may ask you to waive time.

Even though a lawyer is not required at this appointment, it is always better to have legal representation whenever you enter a court case. You will want to consult with your lawyer before your arraignment and will want to discuss the details of your case so that the attorney you are working with can help you to strategize the best defense.

At The Martinez Law Firm, there are dedicated attorneys ready to help you. Attorney Martinez will start your case with a free initial consultation, and will use his 15 years of experience to help you work through your case. Attorney Martinez is a former prosecutor, so he understands both sides of Texas criminal law and can use this unique experience to best serve you. Don’t hesitate to hire this Houston criminal defense attorney as soon as possible!

 

Can Immigrants be Deported After an Arrest?

immigration laws explained by herman martinez houston criminal defense attorney

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!

CONCEALED HANDGUN LAWS TO KEEP IN MIND

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!

DON’T ALLOW FALSE ALLEGATIONS OF CHILD PORNOGRAPHY RUIN YOUR REPUTATION

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.

A SEXUAL ASSAULT ATTORNEY IN HOUSTON ANSWERS FREQUENTLY ASKED QUESTIONS

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