Category: Legal Advice

Exceptional Insight Into The Judicial System

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Are Adult Females Charged with Sexual Assault Treated Differently?

Female sexual assault crimes happen more often than not and sometimes are taken less seriously than male sexual assault crimes. For some reason whenever a female teacher is arrested, charged, or investigated, or allegedly having inappropriate relations with a male student (sexual assault) it becomes a major news story. I understand why the parents of students that attend the school would be alarmed, but the media goes overboard every time. The media sensationalizes the story like the teacher is some sort of pedophile abusing every child in their classroom.

In most cases, the young men that had sex with the woman do not want her to be punished. Most importantly, the young men do not appear to emotionally harm by the incident. I would hope that the media, prosecutors, courts, and jurors take all this account into account before demonizing the female teacher.

Please be advised that I am not saying this should not be a crime. It is
always going to be a crime whenever an adult that is more than three years
older than a child (under the age of 17) have sex, even if it is consensual.
I just do not think a female teacher should automatically go to prison
for her mistake.

If you have been charged with sexual assault,
call my Houston defense firm immediately. Let me review the details of your case for free.

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

LEARN WHAT'S NEXT

Our Legal Team Can Fight Your DWI Charges

DWI DEFENSE ATTORNEY

May I Get a Second Opinion of my Criminal Case?

I was reading the unfortunate situation of Joakim Soria, Kansas City Royal closer, who decided to undergo season-ending surgery after getting a third opinion when I realized why people think it is so easy for a lawyer to give an opinion on a case. In a criminal case like sexual assault, or drug possession it is not that easy. Unlike in medical situations a lawyer does not have all the information to review a case immediately. An attorney needs to review an offense report, investigate the facts, talk to the prosecutors among other things before giving a professional opinion. The offense report is obtained by the hired lawyer on the case who signs a confidentiality agreement with the District Attorney’s Office that states they will not release the report to anyone.

Daily, I receive a telephone call from someone that wants me to advise them what to do with their case despite the fact that I am not their lawyer. It would be unethical of me to give an opinion on a case that where I do not have the offense report, gone to court, or properly investigated the facts. I realize that I provide a free initial consultation, but that does not go as far as stating that I will give them legal advice. In fact, a lawyer can not give legal advice unless they have been hired by the client. It would be unfair to the client, and the attorney(s) to give an opinion on the possibilities of getting a case dismissed or winning at trial before doing the aforementioned. I realize that being charged with a crime is a traumatic experience, and all someone wants is some reassurance, but that is why they hire a lawyer.

If someone is calling me despite having hired someone it tells me they have lost confidence in their attorney. I try to reassure a person that calls me with concerns that they are entitled to a trial, presumed innocent, and are free to hire the lawyer that they choose. Nevertheless, I am precluded from giving advice before I have been hired on the case.

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

LEARN WHAT'S NEXT

Our Legal Team Can Fight Your DWI Charges

DWI DEFENSE ATTORNEY

Welcome to Our Houston Criminal Defense Blog

Our attorneys are pleased to announce the launch of our criminal defense blog with an RSS feed available at Martinez Law Blog on our website.

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

LEARN WHAT'S NEXT

Our Legal Team Can Fight Your DWI Charges

DWI DEFENSE ATTORNEY

Are You Eligible to Get Your Houston DWI Case Dismissed?

Getting a DWI dismissed in Texas is difficult but not impossible.  Deetrice Wallace, a Department of Public Safety contractor who faked inspections of alcohol breath testing devices was convicted and sentenced to one year in the State Jail for Tampering with a Government Record. The door is now open for anyone that was affected by her malfeasance to seek a review of their case and quite possibly have their charges dismissed even if they have previously been found guilty. The Harris County District Attorney’s Office is stating that over 1,200 cases will be revisited.

Furthermore, they admit that most of those cases are gone including Felony DWI cases. Also, on a person’s side is that it is likely that the videotape of the DWI arrest has been destroyed since they are routinely destroyed a short time after all court proceedings are concluded. This may be the first time that taking a breath alcohol test ends up with a DWI case in Houston, Harris County, Texas being dismissed. The Harris County District Attorney’s Office is set to start contacting the defendants that may be eligible to request a new trial in the near future.

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

LEARN WHAT'S NEXT

Our Legal Team Can Fight Your DWI Charges

DWI DEFENSE ATTORNEY

Get Your Bond Reduced

reduction a bond

Getting a bond reduction is something that a lot of people eager to bond their loved ones out of jail do not think about.  In a lot of instances, a court will initially set a very high amount in a court case. For example, in a theft case where the value of the alleged property that was stolen is one hundred thousand ($100,000) the court will routinely double that amount and set the bond at two hundred thousand ($200,000). However, if you hire a lawyer before raising the money to bond the person out of jail the lawyer should be able to go to the court and have the bond reduced to a more reasonable amount. In the above scenario, a lawyer would be able to save you thousands of dollars when making a bond. Typically, a bonding company will charge you a 10% fee for bonding someone out of jail. The two hundred thousand dollar bond will cost you twenty thousand dollars and the one hundred thousand dollar bond will cost you ten thousand dollars.

You need Herman Martinez with Martinez Law Firm, Houston to Represent You for your Bond Reduction

Thus, hiring an experienced criminal defense attorney will pay for itself by getting a bond reduction in addition to all the other things they can do for you.