Attorney Herman Martinez Earns an AVVO Client’s Choice Award

AVVO Award for DWI Attorney Houston

The Martinez Law Firm is proud to announce that our very own Herman Martinez has been selected as one of the winners of the
2014 Avvo Clients’ Choice Award. To be eligible for this award, an attorney must meet certain requirements that demonstrate that they are indeed client-preferred. Ultimately, the Clients’ Choice Award comes down to the reviews that an attorney has garnered on the popular legal website.

To be eligible to receive this award:

the lawyer must have a minimum of 5 reviews with at least 4 stars; these reviews must have been posted within the last 12 months, with at least one coming from the same calendar year.

As an attorney who has been rated 10.0 out of 10.0 ‘Superb’ on Avvo, Attorney Martinez prides himself on providing legal service that is aggressive and effective. His clients agree. To see for yourself the type of reviews that he has received over time, just click here to go to his Avvo profile. There, you will find nearly 30 reviews from past clients and more than 10 endorsements from his peers in the legal industry.

Examples of the type of reviews you will find include the following:

  • “Mr. Martinez helped me get my life on track!”
  • “Most of all, he was very honest and sincere…”
  • “Herman Martinez is the best investment we’ve made!”

It is these types of glowing testimonials that allowed Attorney Martinez to win such a prestigious award, and we are honored to be seen as a
client-preferred law firm in the Houston area. If you would like to learn more about what it is like to work with our
criminal defense law firm—and if you are interested in seeing the difference we can make in your case—please do not hesitate to reach out and
contact us today!

Houston Woman Arrested for Road Rage

criminal defense attorney herman martinez can help with Road rage in Houston

Road rage in Houston isn’t normally regarded as a serious crime. Yet reports show that there are times the road rage can lead to arrest and serious charges. Recently, a Harris County attorney was arrested when she got angry with another driver on Tomball parkway. She followed the driver into a parking garage and then pulled out a handgun.

The victim was terrified and believed that the woman was going to shoot him. The man says that he is a husband and the father of three boys. He immediately thought of his family when staring down the barrel of the gun in terror.

The man says that he and his wife had just had lunch at Panera Bread and were on their way home when he merged onto the 249. He says that he was completely unaware that he had cut another car off. The man says that he changed lanes and then heard a loud screeching and realized that there had been a car behind him in the lane. He was worried that the vehicle was going to hit him, but he didn’t. The individual pulled into a nearby bank parking lot and got out to walk up to the bank to do a transaction.

At this point, the other driver also pulled into the parking garage and pulled a pistol. The victim asked the woman with the gun to drop her weapon, but she refused. While he called 9-1-1, the woman stood with the gun pointed screaming obscenities at the man who had cut her off. The bank surveillance video caught the entire exchange, and the woman was arrested on the spot.

When asked about the accident, the defendant says that she was fearful, and reacted out of that fear. She has been charged with aggravated assault with a deadly weapon. If you have been charged with a crime stemming from road rage, don’t hesitate to call The Martinez Law Firm in Houston.  Houston’s #1 criminal defense attorney

Drunk Driver Suspect Hits Autistic Child on Freeway

highway accidents - hitting a pedestrian on the highway - herman martinez criminal defense attorney

A drunk driver on a Houston freeway overpass has been arrested after he slammed into a 12-year-old autistic boy on the freeway, killing him instantly.

A drunk driver hits an autistic child that wandered into the road.  The mentally challenged boy somehow slipped away from his parents while biking. The father of the young boy says that they were on a bike ride when they were separated around 5:30 p.m. The family immediately reported that their son was missing and called the police. Before they were able to locate their son, the family got a call about his passing.

The drunk driver hits an autistic child when he wandered onto the northbound lanes of the S. Post Oak at Main. The individual was hit by a black pickup truck and died on the scene. The police believe that the driver of the truck had an illegal BAC. He was arrested at the scene of the accident. The driver was charged with a DWI, but reports show that he may not be considered at fault in the death because the boy was walking in a moving lane of traffic.

If you have been arrested for a DWI and for hitting a pedestrian or biker, but believe that the accident was not your fault and that the pedestrian or biker was in the wrong in the situation, then you may be able to avoid penalties that are affiliated with DWI manslaughter or other violent DWI crimes, You will want to hire an attorney at The Martinez Law Firm to represent you in your case if you are arrested for a situation of this nature.

Don’t hesitate to hire an attorney at the firm today to learn more. With the right Herman Martinez a Houston criminal defense lawyer there to represent you, you have a greater chance of avoiding serious penalties. Hire The Martinez Law Firm today!

Two Charged in Shooting at Birthday Party

criminal defense attorney herman martinez helps with gun cases

Criminal defense attorney Herman Martinez reports two men have been arrested after they killed a man attending a birthday party at a home in Northwest Houston. The individuals, arrested earlier this month, have now been charged with murder. The 20-year-old and 18-year-old suspects are being held without bond after the January 4th killing of a 24-year-old man. The police believe that the victim was shot and two others were wounded at about 1:00 a.m. during the birthday party. There were several dozen people at the party when the gunfire broke out.

Investigators believe that the shooters were in a vehicle when they fired, and were parked conspicuously in a parking lot near the residence. The police are still trying to determine why the two young men believed it was necessary to shoot the party-goers. Online Houston City Jail records do not list the two suspects who were arrested.

Why You Need A Criminal Defense Attorney such as Herman Martinez

If you have been arrested in connection with a murder, it is essential that you have a hardworking and responsible Houston criminal defense attorney on your side. Murder charges can be extremely serious, meriting even a lifetime in jail. Whenever you are charged with a crime like this one, you need to hire an defense attorney to assist you. You will want to be well-represented when you head to the court house. Whether you need an alibi, want to prove a defense, or want to create a satisfactory plea bargain, Houston criminal defense attorney Herman Martinez, can help you.

Herman Martinez is a former chief prosecutor that is fully capable of tackling your case. He understands how the others side thinks, so he can create a defense that is most effective. Don’t hesitate to call this reliable and hardworking criminal defense attorney to assist you in your situation right away. Whether you are dealing with a small misdemeanor case or a serious murder, The Martinez Law Firm is here to help!

Texas Department of Transportation Lowers Speed Limit

criminal defense attorney herman martinez can help with speeding tickets in Houston

Avoid A Speeding Ticket in Houston

The Texas Department of Transportation is installing new signs on Highway 290 today to lower the speed limit on stretches of the highway. The speed limit changes stretch all the way through to Hayes County. The speed limit will only drop by 5 mph, in the stretch between Nutty Brown Road and Rob Shelton Boulevard; going from 65 mph to only 60 mph.  Small changes in the speed limit like this one can lead to a rise in speeding tickets in Houston and traffic violations.

Doubtless, after signs are installed the Houston police and the highway patrols will be staking out and waiting for individuals to pass by so that they can catch these drivers allowing them to issue a speeding ticket for driving at the previously mandated pace. If you have been charged with a speeding ticket in Houston in a place with a recent change, then you may want to contest your ticket. In some cases, you may need to hire an attorney to help you with this.

Most often, it is wise to contest a ticket if you have been issued other citations in the past and are at risk of losing your license as a result. At The Martinez Law Firm, an attorney may be able to assist you in challenging the prosecution and proving that the speeding infraction should not go on your record.

Don’t hesitate to contact Herman Martinez & The Martinez Law Firm if you would like to learn more about how you can challenge your speeding tickets in Houston or avoid penalties.

Whether you are dealing with a traffic infraction or a serious felony, a Martinez Law Firm Houston criminal defense lawyer may be able to work to your advantage. Hire the firm today to learn more!

Houston Deputy Indicted for Coercing Woman with Warrants

police officer coerces woman into sexual favors

According to recent reports of police crimes, a Harris County sheriff’s deputy was recently indicted after claims that he was coercing women with warrants into pleasuring him sexually. Reports show that he told one woman that if she performed an act with him, he would not turn her in. He has been charged with the police crimes of sexual assault and official oppression as a result. According to investigators, he came across a woman who had an open warrant, and then offered not to arrest her in exchange for physical interactions.

Whenever police are arrested and indicted, it can be very serious. Those who are supposed to be maintaining the law are often held to the highest standard, and when arrested and charged with police crimes officers are at risk to serious punishments and guaranteed job loss. If you want to learn more about police crimes, or if you are an officer who has been charged with a serious crime, then you need to talk with a Martinez Law Firm criminal defense attorney today.

Sadly, many police officers are falsely accused of crimes like the one described above. Sometimes angry criminals want to avoid penalties, and will claim false arrests or accuse a police officer of gross misconduct. If you have been accused of a police misconduct crime, and are not guilty, then you need to talk with a Houston criminal defense lawyer at the firm today and set the record straight. At The Martinez Law Firm, Attorney Martinez and his team are here to help you out with your criminal charges. The firm is focused on working to help you with your case and doing all that they can to prove your innocence. Don’t hesitate to call the firm right away to learn more and get the information that you need!

 

Houston Hitman Scams

hitman scams threaten woman, herman martinez explains and advises

Hitman Scams have been shaking up Houston. A startled woman was shocked when she received a text message to her phone notifying her that she was being watched and that a hitman was paid to kill her. According to the report on KHOU, the woman received an unsettling message on Sunday which essentially said “someone paid me to kill you. I will spare you if you pay me $5,000 in two days.” The victim was told that if she notified the police then she would die. The hitman also warned the victim that she was being monitored. Despite the warning, the victim quickly reported the cryptic text message to the police.

When the woman reported the incident, she was told that she had already received several complaints about similar threatening messages. The FBI has also been getting complaints about texts of this nature. The authorities have determined that this is a “hitman scam” that is taking place at present in the United States. The scammers locate numbers and fabricate hitman situations in order to get money. The messages normally come from foreign numbers and ask the recipient to respond to anonymous e-mails.

The death threat scam can affect individuals in any location. Scammers have resolved to use this tactic because they believe that it can evoke a serious emotional response in the victim and they will get their money as a result. If you want more information about hitman scams, then you need to talk with a lawyer today. If you have been accused of participating in a hitman scam of this nature, you could face serious penalties if convicted. You may be charged with sending death threats as well as participating in a scam. If you need to discuss defense for one of these crimes or something similar, then contact a Houston criminal defense attorney with the Martinez Law Firm today to learn more.

Houston Police Dogs Discover Cigarette Thief

Cigarette Thief - herman martinez criminal defense lawyer

A 23-year-old Houston cigarette thief has been arrested after Houston police dogs discovered the man who has stolen thousands of dollars’ worth of cigarettes in recent months. He stole these cigarettes from a discount store located in Northwest Harris County, and then led police on a 25-mile chase as they pursued him to recover the goods. The suspect has been charged with felony evading and felony theft. The deputies claim that the offender smashed the windows of a dollar store in the middle of the night and stole the cigarettes in addition to some other merchandise.

Deputies were responding to the emergency call about the burglary when the suspect drove by. Police took off, attempting to stop the cigarette thief, but he sped away. With the help of search dogs, the police were able to locate the offender and bring him to justice. While search dogs can be a helpful tool in police work, they can also make mistakes. The animals may detect a scent erroneously, leading to the arrest of an innocent suspect. If you have been arrested for a crime you didn’t commit because of police dog error, then contact a lawyer at the firm today for more information. The Martinez Law Firm has a host of attorneys who are willing to help you with your Houston criminal defense case!

 

D.C. NAVY YARD SHOOTING SUSPECT WAS FROM TEXAS

<span><p>Herman Martinez reports that the D.C. Navy yard shooting suspect from this morning, was from Texas. In the early morning hours, a former Navy man launched an attack in a building at the Washington Navy Yard. The offender shot office workers in the cafeteria and then rushed into a hallway. Thirteen people were killed in the exchange, including the gunman. Authorities write that they are looking for a second possible attacker who may have been in a military-style uniform.</p>
<p>Investigators say that they have not established a motive for the shooting which happened less than four miles from the White House. The Navy Yard is heavily guarded, so many are wondering who the offenders managed to get in the building in the first place. This is the deadliest shooting at a U.S.-based military institution since the Fort Hood shooting in Texas. The offender in that case, Major Nidal Hasan was sentenced to death last month. That shooting took place in 2009.</p>
<p>The FBI has already taken charge of this investigation and identified the gunman who died in the midst of the attacks. His name is Aaron Alexis, a 34-year-old from Texas. He died after running in a gun battle with the police. A federal law enforcement official says that the shooter most likely got into the Navy Yard using someone else’s identification card. The FBI is still trying to determine if the person with the identification was an accomplice or was unaware of the danger.</p>
<p>About 3,000 people work at the Navy Yard, and many of them are civilians. The Navy reports that Alexis was a full-time reservist from 2007 to 2011 and then left as a petty officer in third class. The FBI is still trying to gather information on why he left his position with the military. Prior to the shooting, Alexis was working with a fleet logistics support squadron in Fort Worth, Texas.</p></span>

Houston Death Row Defendant Wins Appeal

A Houston local who has been on death row for 20 years recently won a federal court appeal allowing him to pursue claims that he is mentally impaired and therefore does not qualify for the death penalty. This shocking ruling may have saved the individual’s life. The verdict was decided in the 5th Circuit Court of Appeals on Tuesday, September 3rd.

The 50-year-old defendant is a former member of the Mexican mafia who was convicted of his crime in 1992 and has been in a federal prison ever since. He was convicted of murder after stabbing his 70-year-old neighbor 25 times during a home break-in. The defendant was on parole at the time that the crime occurred and had already been serving time for another home break-in where he sexually abused a pregnant woman.

The defendant’s attorneys argued that he deserved a court review because a psychiatrist who was present at his previous trial gave a questionable testimony and was later questioned for his methodology and credibility. If a questionable witness was a part of your trial, and you are now seeking an appeal, then you will want to hire a reliable and hardworking attorney to assist you.

Oftentimes the court will reconsider a sentence if a professional witness is proven to be inaccurate or questionable. At The Martinez Law Firm, Attorney Martinez is a former U.S. Chief Prosecutor. This means that he understands both sides of the law, and also understands what types of witnesses are most effective in a case. He can help you to contact the accurate and trusted witnesses that you need on your case to possibly even win an appeal. Learn more by contacting the firm for a free case evaluation today!

ATT. GEN. HOLDER – ANNOUNCES END TO MANDATORY MINIMUMS

Attorney General Eric Holder announced today that required mandatory minimum sentences for drug offenses would be coming to an end. These highly controversial minimum sentences would no longer be required for nonviolent, low-level drug offenders. This signals a major turning point in state and federal sentencing policy and should have a massive impact on the growing federal prison population.

These mandatory minimums were heavily implemented in the 1980s, although the “war on drugs” dates back to the Nixon era. They were a way for politicians and lawmakers to show that they were tough on crime, but decades later it is difficult to prove that the mandatory minimums did anything more than increase the state and federal prison population. Since the 1980s, federal prison population has increased 800 percent.

Holder noted that shifting policy in this direction has become a bipartisan issue, citing officials from “red” and “blue” states advocating for an end to these minimum sentences for drug offenders. Just about half of the federal prison population is comprised of inmates sentenced for drug-related crimes. Many of these thousands of individuals were sentenced for nonviolent and low-level offenses.

Our attorney general and many others hold to the belief that harsh sentences for these types of crimes do little to keep our communities safer, but actually perpetuate a cycle of incarceration that is far too much the norm in urban areas, particularly among low socioeconomic classes. As an alternative to mandatory minimums, the federal government plans to implement drug rehabilitation and community service programs. In turn, they hope this will help manage our overcrowded prisons while simultaneously helping offenders avoid recidivism.

Some states have already begun to reverse these harsh sentences for nonviolent drug offenders, such as Texas and New York. Even California recently amended its “Three Strikes Law” so it only applies to third violent felony offenses, rather than all third felony offenses. All state prisons in the United States are under court order to reduce inmates, a total reduction of 10,000 prisoners nationwide.

“By reserving the most severe penalties for serious, high-level or violent drug traffickers, we can better promote public safety, deterrence and rehabilitation, while making our expenditures smarter and more productive,” Holder said.

The United States imprisons a greater percentage of its population than any other country in the world. Our country holds five percent of the world’s population, and yet nearly a quarter of the world’s total prison population. Holder and others are advocating for massive sweeps in sentencing changes so that the punishment more appropriately fits the crime.

GUNMAN KILLS 4, INJURES 4 IN NORTH TEXAS

gunman charges - herman martinez- houston criminal defense lawyer

 

 A gunman in North Texas used an explosive device in an attack at two different residencies near Dallas in a revenge rampage that took four lives, a recent report by Reuters explains. The police believe that the attack was a domestic violence situation.

The gunman was hoping to get revenge on his ex-girlfriend. While his name has not yet been revealed, various sources report that the man was a former special education teacher who was angered when his girlfriend broke up with him. The FBI is investigating the situation to get further details, but reports show that the shooting began at a home in Dallas and ended at another home about seven miles away.

The victims have not been identified as of yet. Two boys ages 11 and 13 were also shot and survived. They are now being treated in local hospitals. Two other wounded victims have been injured and unidentified at present. Sources say that the gunman was a special education teacher that resigned on his own accord. He was never terminated from his position. The individual will most likely be charged with assault with a deadly weapon, attempted murder, and murder if he is confirmed as the shooter.

If you have been accused of these very serious crimes, the most important decision that you will make is the lawyer that you will hire to represent you in your case. If you hire an attorney that is only adequate, then you will have a lower chance of reducing your charges or avoiding penalties. Instead, you need to hire a dedicated, experienced, successful lawyer who will do that entire he or she can to work in your favor. At The Martinez Law Firm, a Houston criminal defense attorney will do everything possible to fight and win your case. Hire one of our excellent lawyers today.

SUPREME COURT REJECTS DWI BLOOD DRAWS WITH NO WARRANTS

The U.S. Supreme Court ruled last month that police are required to obtain a search warrant before they can gather a blood sample from a driver in many DWI situations. This has thrown a massive roadblock into DUI enforcement, though attorneys say the warrant requirement is necessary and legal to protect citizens of the United States. Many attorneys say this ruling is in line with Americans’ constitutional rights. One attorney told Houston News that there is no reason by a police officer should need a warrant to search a home, but be allowed to invade a person’s body using a syringe without permission. Eight of nine justices upheld a previous Missouri Supreme Court decision that blood alcohol dissipation does not authorize officers to conduct a warrantless blood draw.

The case, which was taken all the way to the federal level, started with a case in Missouri when a man was stopped for speeding on a rural road. According to reports, the driver failed several field sobriety tests, and his blood-alcohol content was 0.154 percent, meaning he was driving illegally under the influence. Instead of getting a warrant and taking a blood sample from the offender, the police officer took the man to the hospital and a technician drew the blood while the suspect was handcuffed. The Missouri Supreme Court declared that the evidence in the case needed to be tossed because the blood test was taken without a warrant. This was an unreasonable search and seizure.

Prosecution argued that the natural dissipation of the alcohol in the blood is enough cause to void a warrant. The prosecution claimed that officers may need to take the blood sample quickly, and getting a warrant may take too much time. Still, the court did not agree. They officials declared that officers need to get a warrant unless there are extenuating circumstances in order to protect an American’s fourth amendment rights. About half of the states authorize warrantless blood draws when there are not pressing circumstances, but the Supreme Court’s ruling may reduce the amount of warrantless blood draws in the United States while encouraging officers to respect the citizens’ rights in the event of an arrest.

If you have been arrested for a DWI and the officer demanded that you submit to a blood test even though the law enforcement officer did not secure a warrant, then you may be able to get your case dismissed. You will need a hardworking and reliable Houston criminal defense attorney on your side. Talk to a Houston DWI lawyer at the Martinez Law Firm today if you want to protect your rights as an American and ensure you are not convicted of a DWI based on a warrantless blood sample!

FORMER STATE REP. CHARGED WITH VIOLATING RESTRAINING ORDER

A former Massachusetts state representative and police officer, Jose L. Santiago, was charged on Monday with violating a restraining order against his ex-girlfriend. Last Thursday night, Santiago allegedly hit the woman, and then told her that no one would believe her because he was so well-known. He also allegedly threatened the woman that if she broke off the relationship, she wouldn’t be with anyone else. According to the Eagle Tribune, Jose has a history of restraining orders with three other women. Despite the woman’s allegations and the history of domestic violence, Santiago was released on personal recognizance. He was ordered to have no further contact with the woman. The judge warned that if he violated the protective order, he would immediately be put in jail for 60 days.

Santiago was also involved in a controversy surrounding the Mayor of Lawrence, William Lantigua, and a former public works officer, Thomas Sapienza, as detailed by the Boston Globe. The mayor recently fired Sapienza, who was on unpaid leave to help his terminally-ill wife, and replaced him with Santiago. Sapienza’s wife died last Thursday after battling with cancer for almost 2 years. Other allegations of corruption in the public works sector have begun to arise, such as Lantigua supposedly hiring his friends as temporary workers and then illegally put them on the payroll. In light of the mayor’s careless conduct, Lawrence residents arecalling for mayor to step down from office as the claims are being investigated.

If you have been charged with violating a protective order, then you could be charged with a misdemeanor or a felony. For the first offense, you might be charged with a class A misdemeanor, but a subsequent offense could be a felony.

ROBBER NEARLY GETS AWAY WITH CRIME UNTIL HE SHOOTS HIMSELF

 

In Harris County Texas, in May of 2011, a young man was close to getting away with his well-thought-out crime of robbery, until he shot himself. Investigators share that they believe he would have actually been able to make an escape had he not incapacitated himself by way of shooting himself after the hold-up. Twenty-year-old Kerney Devon Benson-Flowers now is facing charges for felony aggravated robbery for his actions.

According to a criminal report filing by a witness motorist stating that he and his friend were sitting in a vehicle on Sapphire Mist Court close to the North Freeway at the time they say Flowers and another individual approaching. They were driving in a large Dodge Ram truck and then soon parked in the neighborhood cull-de-sc. Within moments the witnesses saw two men with ski masks covering their faces and armed with weapons, approaching their vehicle. At this point, they demanded their wallets, and in fear of being killed they handed them over to the criminals without hesitation.

The witnesses state that the following turn of events was anything from normal because as the two robbers were running away back to their truck, there was a gunshot and a loud scream. Flowers was the individual who accidentally shot himself, though it is uncertain how severe the injuries were at the time. These two men did escape at the time, and little did they know that month’s later one of them would be pinned back to the crime. After the police conducted investigations from the scene of the robbery and single gunshot, they were able to find traces of blood as well as bullet fragments. Police sent these findings off to the crime lab for testing and in October the reports came backlinking the crime to Flowers.

Local Deputy Thomas Gilland, with the Harris County Sheriff’s Office, states that this incident just proves again that criminals think they can get away with their crimes, and he discusses that now a day’s law enforcement has the needed technology to link criminals to their actions making it harder for them to get away with it. According to police reports, Flowers had already spent three years of his life in prison for a theft conviction and was just recently released from the Texas Department of Criminal Justice.

Robbery charges can result in severe consequences with the law if an individual is convicted, especially in the case of Flowers who have a previous record of theft convictions. Law enforcement officials will stop at nothing to take action against individuals who have broken the law, which is why hiring a criminal defense attorney is so essential. If you are facing similar charges for theft or any other criminal offense, contact
The Martinez Law Firm today for the
Houston criminal defense attorney that you deserve!

Bellaire Officer Shot in Houston

Even on Christmas Eve, crime doesn’t sleep. An unfortunate chase ended in the death of a bystander and a Bellaire police officer in the City of Bellaire right outside of Houston. According to KHOU the officer responded to a shooting outside of a business on Bellaire Boulevard. When the Houston police arrived at the scene, they noticed that it was one of their officers that had been shot. A bystander also died at the scene of the crime when he was unable to move out of the way as the conflict went on in front of him. The shooter was being pursued in a chase and retaliated with gunfire. According to the reports, the officer was sent to the Ben Taub Hospital in critical condition but was pronounced dead upon arrival.

As well, the shooter was attacked by the police who responded to the call. He tried to flee with his gunshot wounds but was eventually captured in a nearby building and taken to the hospital under arrest. Citizens in the area were outraged by the shooting and distraught that two families will be mourning the loss of a loved one on Christmas.It is highly probable that the shooter will be charged with Capital Murder. It will be up to the new District Attorney, Mike Anderson whether the office will seek the death penalty in this case.

If you have been accused of aggravated assault,
manslaughter or murder, then you are going to want a dedicated attorney to help you. You may be able to argue that you never intended to harm those who were chasing you, or that the gun went off accidentally. There are a variety of different positions that a skilled attorney may be able to argue effectively in your favor. When you are looking for a Houston attorney you can rely on, you can always count on The Martinez Law Firm to be there. The lawyers at this firm are dedicated to expert advocacy. They will help you to handle your case with professionalism and will argue to your advantage. Talk to the firm today for more information!

NEW JUDGE OF THE 177TH DISTRICT COURT, RYAN PATRICK ,TAKES THE BENCH

Just as abprutly as Judge Kevin Fine stepped down from the bench in the 177th District Court of Harris County, Texas Governor Perry appointed Ryan Patrick to sit on the bench until the general election on November 6, 2012. The appointment was not surprising since Mr. Patrick, a current Harris County District Attorney is the Republican candidate for the 177th District Court. The appointment allows Mr. Patrick to campaign as an incumbent judge for the next two months or so before the election. By becoming a licensed lawyer in 2006 he will be one of the youngest judges in Harris County if not the state of Texas.

As the Republican candidate Mr. Patrick will be facing democrat candidate, Vivian King, a former Harris County prosecutor, courthouse veteran of twenty years on November 6, 2012. Good luck to both candidates.

Man Provides Clothes and Food in Exchange for Sex

A 48-year-old man is accused of sexually assaulting a 16-year-old girl. According to authorities he allegedly offered her clothing and food in exchange for her cooperation. The man was already a registered sex offender when he was pulled over by a state trooper. The man and the girl were traveling together. The girl reportedly told officials that the man was a friend of hers and that they had sexual relations on at least three different occasions. She said that she complied because she knew he would buy her food and clothes.

The man has had formal charges filed against him and is being held without bond. On the surface, the man’s crime appears to be sexual assault. Sexual assault is when a person intentionally commits a sexual offense in which the victim was forced by either threat or violence. This can also occur when the person is unable to give consent, resist, or are even aware the assault is going on. Individuals who are convicted are guilty of a second degree felony. Our state does not specifically refer to statutory rape, but that is what the charges can be defined. The age of consent is 17 in Texas, meaning only those who are 17 and older can give legally recognized consent to sexual activity. Regardless of whether the girl gave consent because she is a minor in the eyes of the law, it is called statutory rape or sexual assault.

If the individual is not more than three years than the victim who is at least age 14, they may have an affirmative defense. In addition, depending on the severity of the crime or if the individual was a repeat offender the crime can range from two to 20 years. Because the man, in this case, is much older and was already a registered sex offender, his crime may carry more weight than another.

BOY ASSAULTS MOTHER WITH HAMMER

While most children are well-behaved at an early age, a Corpus Christi youth has received charges for beating his mother. According to an article by the Associated Press, the boy used a hammer to repeatedly injure his mother. The 13-year-old boy has been charged with aggravated assault with a deadly weapon and domestic violence. The article stated that he remains in
juvenile custody and that the mother suffered head, arm, and facial injuries. Officials say that the incident happened when the boy and this mother got into an accident. The boy apparently fled the scene but later returned and hid under the bed with a hammer. There has been nothing forthcoming about the nature of their argument.

The article and the reports were unclear of whether the boy was charged as an adult or a juvenile. In past cases, it is usually understood that a juvenile may be tried as an adult if he or she is 14 or older when committing certain crimes. Because the boy in the above situation is only 13-years-old it is likely he will be tried as a juvenile. His crime can still carry significant penalties due to determinate sentencing. This can drastically change the way a penalty is handled. Aggravated assault is one of the crimes that can be acted upon with determinate sentencing. The juvenile can be committed to the Texas Youth Commission with a possible transfer to the Texas Department of Criminal Justice for up to 40 years.

The boy’s charges are considered under state adult law as a felony of the first degree. There are obviously many conditions to consider when your child has been convicted of a crime. It can be quite a stressful experience especially if significant harm was done. We strongly recommend you to contact an attorney in this situation. The legal team at the Martinez Law Firm can help you and your child reviews the charges to determine the best course of action.

2 ALABAMA MEN ARRESTED FOR FEDERAL TERRORISM CHARGES

<span><p class=”MsoNormal”>
Two, 25 year old Mobile, Alabama residents were recently arrested in Georgia for
<a href=”/Criminal_Defense/Federal_Crimes.aspx”>federal terrorism charges</a>. Investigators report that their intent was to wage violent acts on behalf
of jihad overseas. Jihad is considered to be the religious practice of
those in the Muslim group. It means “struggle” in Arabic and
it is their people’s way of pursuing their beliefs and draw closer
to their deity. While for many this means the internal struggle to pursue
their god, for others there is a physical aspect of this as well, and
it is stressed that these beliefs are to be non-violent.
<o:p></o:p>
</p>
<p class=”MsoNormal”>
In the case of these two arrested men, investigators state that Mohammad
Abdul Rahman Abukhdair and Randy “Rasheed” Wilson were planning
to be involved in violent acts of jihad as they are believed to be closely
tied to a known Islamic terrorist leader. Prosecutors say that the two
men were arrested separately as they were in the process of traveling
out of the country. According to a sworn statement from a FBI agent on
the case, Wilson’s close friend and roommate, Omar Hammami, was
recently added to the FBI’s most wanted list for suspected terrorists.
<o:p></o:p>
</p>
<p class=”MsoNormal”>
Official reports state that this is not Abukhdair’s first time being
involved with terrorist activities. He was arrested in 2010 while staying
in Egypt for what was believed to be terrorist involvement. Their officials
held him there for two months before allowing him to return to the U.S.
More recently, according to the FBI, a friend of Wilson and Hammami became
an informant for the investigators, feeding them useful information about the two.
<o:p></o:p>
</p>
<p class=”MsoNormal”>According to USA Today, the charges against the two men who are currently
in custody are for “conspiracy to provide support to terrorists
with plans to kill people outside the U.S.” Abukhdair is also facing
charges for fraudulently obtaining a new passport in attempt to cover
his history with Egypt. Those who are accused of criminal charges, whether
federal or smaller, deserve a chance to fight for their freedom.</p>
<p class=”MsoNormal”>
<strong>If you or someone you know has been accused of a crime, big or small, contact the
<a href=”/Why_Hire_a_Former_Prosecutor_.aspx”>Martinez Law Firm</a> today for more information!</strong>
<o:p></o:p>
</p></span>

Houston Criminal Defense Attorney Going for a Cleanse

As a Houston DWI Lawyer, I get really stressed at times. Recently, after a tough stretch, I felt a little run down, and apparently, it showed since one of my clients brought it to my attention. The client is a proponent of holistic medicine and suggested that I give the master cleanse a try. While the cleanse does not sound appetizing I am going to do some research and may give it a go in the near future.

Charlie Sheen’s Arrest is Typical

Sadly, the
Sheen household is having a Christmas they would like to forget. Unhappily, this is what
commonly happens when there is a domestic violence situation. They arrest
the man and ask questions later especially if the man has a prior conviction
for this offense. I understand the rush to judgment since for decades
this crime went overlooked by law enforcement. Nevertheless, the police
are allowing these latent biases tragically affect families. A proper
investigaton should still take place without rushing to judgment. I see
this happen routinely as a
Houston Assault Attorney. The woman is initally seen crying, distraught and frantic. While in this
emotional state the woman enhances the story in her favor. Contrastingly,
the man acts understated while he tells his story in a muffled tone. The
man instinctively thinks this is the way he should act. Unfortunately
his remorse is interpreted as a sign of guilt by the police.

These domestic violence situations tend to arise out of a passionate relationship
that is unable to properly address a recurring problem. This inablility
leads to resentment that causes the violence. Furthermore, the situation
is magnified when one or both of them have been driinking. Once it is
apparent that the disagreement will not be resolved an uproar ensues and
the police are called, Law enforcement should provide better training
to the officers responding to these situations so that they are better
able to diffuse the scene instead of enflaming it.

More Judges Stepping Down in Harris County

It looks like
Judge Mike Anderson, presiding judge of the 262nd District Court of Harris County and
Judge Reagen Helm, presiding judge of Harris County Criminal Court at Law #1have both decided
not to seek reelection. Both of these judges will be missed for different
reasons. Judge Anderson is beloved by the prosecutors for the toughness
he displays. Meanwhile the prosecutors have been trying to remove Judge
Helm from all family violence cases because of his lack of compassion
for the victims in those type of cases.

As a
Houston Criminal Defense Lawyer I have been treated fairly by both judges. I have known Judge Anderson
since I was in the Harris District Attorney’s Office over ten years
ago. Moreover, I was friends with Judge Helm’s Court Coordinator,
Karen Harrison, before I became attorney.

The Harris County District Attorney’s Office Gift to You

Happy Holidays from the Harris County District Attorneys’ Office.
Just in time for the holidays, the DA’s office has decided to expand the
no-refusal DWI program through the holidays. Please keep in mind that the program will continue through January 2, 2010. The DA’s office states how many DWI arrests have been made during previous no refusal weekends, but I am more concerned about how these figures compare with a regular DWI enforcement weekend. These figures should be available since the no refusal weekends have been in place for over a year. Once these numbers become available the citizens of Harris County will be able to intelligently determine if it is worth having them in the future.

A Happy Ending After Client Rejects DIVERT

A lot has been said about the Houston, Harris County, Texas DWI DIVERT
program since it was started earlier this year. I see both sides of the
debate. It can be a positive for those that are clearly intoxicated and
want to maintain a “clear record.” On the other hand, it may
unfairly sway the person that has a case that could be won in a jury trial
from proceeding to trial when the DIVERT carrot is placed in front of
them. Moreover, the prosecutors are less likely to dismiss the DWI case
because they have the program at their disposal. Therefore, it takes a
self confident person to reject the DIVERT offer and proceed to trial.

Today, I had my first trial of a client that declined to enter into a DIVERT
contract with the Harris County District Attorney’s Office. The facts
could have gone either way based on the offense report and the video.
Nevertheless, as any
DWI trial attorney will tell you, what is written in an offense report can change dramtically
once an officer gets into the witness stand before a jury. Lets just say
this, after the arresting officer, the state’s first witness finished
testifying the prosecutor decided to dismiss the case. I can say without
a doubt in my mind that the prosecutor did the right thing. Thus, my client
avoided entering into the rigid DIVERT program. Despite it’s name
it is still like probation and in some instances even more difficult.

Judge Mike Fields Changes His Approach Towards the DIVERT Program

Judge Mike Fields
was one of two
judges in Houston, Harris County Texas
that were on record stating they would not be following the DIVERT program
that was initiated by Harris County District Attorrney’s Office earlier
this year. It turns out that Judge Fields has changed his stance by approving
the first DIVERT candidate this week. That leaves
Judge Bill Harmon
as the only misdemeanor judge that will not allow a person to enter the
program. Hopefully, Judge Harmon will stop being the rebel judge and start
allowing a case to be reset for the necessary time for a defendant to
complete the program.

Lawnmower Man Gets a DWI

Mowing the law on a hot summer day is close to being an American pastime.
I remember as a child being awaken by the sound of lawn mowers going on
a Saturday morning. Thinking back I also remember seeing the men with
a beer nearby to quench their thirst. While I do not mow the lawn at my
house I doubt I could do so without knowing that I would be treated to
a cold one after I finished mowing my lawn.

Apparently, James Dennis had one too many and decided to take his lawn
mower for a ride. While driving his lawn mower down a Missouri highway
he was stopped by the police and eventually arrested for the misdemeanor of
DWI in his lawn mower. Incredibly, the police chief said that this was not the first time that
he had arrested someone for driving while intoxicated in a lawn mower.

Attorney Martinez KPFT Radio Interview

Since I am a Houston Criminal Defense Lawyer I know how the court appointed system works in Houston, Texas. Today, I will be discussing the various issues regarding the proposed Harris County Public Defenders Office at the KPFT studios. My aim is to enlighten listeners to the current system of how attorneys are selected in Harris County, Texas. It seems that the public is misinformed how the court appointed system works in our county.

DPS Eliminating Local DWI Reinstatement Office

One of the many consequences of
getting a DWI is the potential loss of your driver’s license. If that occured a
reinstatement fee was required to be paid after the suspension ended to
have the license reinstated. For as long as I can remember, a person was
able to go to the
DPS office located at 12220 Gessner in Houston, Texas to pay the fee as well
as check other things related to their DWI. At the end of October of this
year that will no longer be the case since the DPS has decided to close
the only office in Houston that handles DWI resinstatments.

October DWI Facts That Are Not Found on Static Websites

As I stated earlier this year, I feel like it is my duty as a
DWI Lawyer to share my DWI knowledge with the public. Anyone searching for a DWI
attorney or lawyer is bombarded with static websites that essentially
say the same thing. I wanted to give that person more facts pertaining
to their DWI arrest. Please keep in mind that I mainly practice DWI in
the Greater Houston area. Therefore, anything that I mention is mostly
how it is done in Houston, Texas. Nevertheless, this information applies
to all Texas’ cases and most
DWI across the country.

Originally, blood alcohol tests were designed to strengthen the witness
testimony. These tests ignore the differences in the elimination and absorption
in each individual. Therefore, it is unfair when a prosecutor looks at the
blood alcohol test to determine the offer that will be made to the accused.

Texas Prosecutors Asked to Stop Using Scent Identification

One of the most frustrating things as a lawyer is not being able to properly
prepare to cross examine a witness. When it comes to scentific evidence
there are journals, data, and studies that are available for review. Most
scentific evidence is subject to peer review and most pass their standards
before the evidence is deemed legitimate. These give lawyers the opportunity
to properly cross-examine a scientific witness. For some reason, a Fort
Bend, Texas sheriff has been excluded from these expectations when using
this unusual process called Scent Identification. Scent Identification
is the process by which evidence containing ascent is allowed to be sniffed
by the bloodhound. In doing this, the sheriff claims that the bloodhounds
that he trains are able to pick up a smell and lead them to the culprit
of the crime. He does not have any training, has not conducted any studies,
and can not produce any peer reviews since there is no other person that
claims to be able to train dogs to do this in the world. Not Surprisingly, the
Innocence Project
is demanding that the Texas Forensic Science Commission ban the use of
Scent Identification. Most egregious, there is a Federal Lawsuit based
on wrongful convictions stemming from this unscientific identification process.

Harris County Judges Abusing the Pretrial Services Office?

The
Harris County Pretrial Services Office located on the 12th floor of the Harris County Criminal Justice Center is a place that anyone accused of a crime should avoid. Initially, the
office to facilitate pretrial or personal bonds. The office was created
to alleviate the growing number of cases on the docket by supervising
the release of people on bond.

Today, most Houston Criminal Defense Lawyers call the office “Pre
Probation.” It is common for judges to add bond conditions once a
person makes their first appearance in court. Some judges will order a
drug test for a person that just made a bond for a drug possession case.
Subsequently, if the person’s urine comes back positive for drugs
the judge arrests the person even though are only on bond. The person
is never made aware of this possibility. Sadly, the person is arrested
without any proof that the person did any drugs while on bond. The person
is blindsided when this happens.

Typically, they went to court by themselves, did not hire a lawyer, can
not give their belongings to anyone, their vehicle is going to be impounded
for leaving it in a lot overnight. A judge should be aware of the consequences
of using Pretrial Services for such measures. Perhaps, someone should
read them the mission statement of the Pretrial Office that says that
is not intended to unduly restrict a defendant’s liberty. It is unfair
to anyone on bond, it is costly, and the office is being burdened with
things that were never considered when it was created.

Thoughts on Iranian Election Results

Over the past week or so I have watched with interest the Iranian Election Results and the aftermath. Many people in Iran and around the world believe that at a minimum there was irregularity in the voting results. Most of these people actually believe the election was outright rigged. As a kid, I remember the American Hostages being held in Tehran when Jimmy Carter was president. I also remember the Shah of Iran coming to San Antonio after he had been overthrown by the revolution, to get medical treatment at Wilford Hall Medical Center that was about a mile from my house. I took a Middle East History class in college so the subject has always fascinated me.

Last week, while in Dallas I had a conversation regarding this subject with a cab driver from Iran while on the way to the airport. I posed to him the question whether it was possible that President Mahmoud Ahmadinejad had actually won. Isn’t it possible that leaders like Ahmadinejad and Hugo Chavez of Venezuela have the support of masses? Isn’t it possible that just because we don’t agree with the policies of our adversaries that the people of those countries do? The cab driver didn’t seem to think so. He believes that the election was stolen and that Mousavi is the true winner. He’s probably right but I doubt that will change anything. In countries ruled by oppressive regimes, there are no recounts.

What is happening in Iran is in such stark contrast to our way of life here in the United States. Think back to the 2000 election and the hanging chads in Florida. When all the votes across the United States were counted Al Gore had more of the popular vote. Would Florida and its electoral college go to George W. Bush or Gore? The Supreme Court decided that the victory was W’s. The American public accepted it and moved on. No one was beaten down in the street and killed. The rule of law prevailed.

We go to court everyday and are faced with an adversary. As a Houston Criminal Lawyer, I represent the accused. When we have a disagreement with an Assistant District Attorney we are not dragged out into the street and beaten. When I don’t agree with the evidence being presented, I stand up and object. If I don’t agree with a ruling from the Judge, I respectfully disagree and make sure that my objection and the legal basis for it are preserved on the record. As a Houston Criminal Defense Attorney, I am proud to have an opportunity everyday to practice law and ensure that my clients rights are protected. I am not the kind of person that wears an American flag shirt, but I am extremely proud to be an American. Situations like the one in Iran are a vivid reminder of this.