Intoxication Manslaughter Charges in Texas

Intoxication Manslaughter in houston texas

If you’ve been charged with a serious crime such as Intoxication Manslaughter, you will need an Intoxication Manslaughter Lawyer. Contact us today for a free consultation.

In Texas, anyone who is driving under the influence of alcohol or drugs and gets behind the wheel automatically faces very serious criminal charges such as Intoxication Manslaughter. The problem only becomes compounded if the accident leads to significant property damage or another person becomes injured. One of the worst forms of these accidents occurs when someone is wrongfully killed as a result of the drunk driving accident.

In our state, this criminal act is called intoxication manslaughter. Below, our Houston DWI lawyer at The Martinez Law Firm expands further on this type of criminal charge and what form of defense can be offered.

What Is the Difference Between Manslaughter and Murder?

The most significant difference between manslaughter and murder is that the latter is premeditated. Someone made a conscious effort in planning to take another person’s life. Manslaughter, on the other hand, is often accidental, and the person had no malice or intent to kill. The penalties for manslaughter are not typically as severe as those for murder; nonetheless, facing any type of criminal charge, no matter how serious, will be a stressful experience.

Intoxication manslaughter is a second-degree felony and carries these possible penalties:

  • Fine of up to $10, 000
  • Incarceration for 2 and up to 20 years even if probation is given to the accused
  • Community service: minimum of 240 hours and up to 800 hours

One major difference between intoxication manslaughter and manslaughter is how it is defended in court and how the case will be presented. It is extremely important to have an intoxication manslaughter lawyer because the perception from the court’s standpoint is zero tolerance.

The fact is, perception and judgment become compromised when someone is intoxicated, is the very fact that someone made the decision to drink and drive. The prosecution may find a reason to use this as a point to move their case forward and try to secure a conviction. It will be up to your Houston DWI attorney to stay one step ahead and counter those arguments.

Get An Intoxication Manslaughter Lawyer Now—Call The Martinez Law Firm!

Lead attorney, Herman Martinez, serves Houston, Texas with sharp, knowledgeable, and client-driven defense against criminal charges and DWI. He uses his knowledge of the law and sharp legal skills to ensure that the investigation process is thorough and clients are given fair representation in court.

If you are facing intoxication manslaughter or any type of DWI or criminal charge, do not wait. Please give our Houston DWI lawyer a call today to discuss your case further.

Salvia Divinorum Added to the Texas Controlled Substance Act

salvia added to controlled substance list in texas, criminal defense lawyer herman martinez reports

Salvia Divinorum is a plant that is also called Diviner’s Safe and Seer’s Safe. It is a plant which can induce dissociative effects and can cause visions or other hallucinatory experiences. The plant grows in Oaxaca, Mexico or in other sandy and moist locations. It can be over one meter high.

In most countries, this plant is legal for recreational use. This is partially because it is not very common and it is not typically used as a hallucinogenic. In some cases, it can induce a visionary state of consciousness and some religious groups use the plant during spiritual healing sessions. Most of the plants local names infer that the plant is an incarnation of the Virgin Mary.

Salvia Divinorum is not illegal according to the federal law, but some states have banned the substance on their own level. The Salvia divinorum is currently illegal in Texas and is considered a violation in penalty group 3. The Texas laws say that all parts of this plant, including the seeds, and the extracts, are illegal.

The only time that the plant is legal is if it is unharvested and growing in its natural state. This protects some homeowners in Texas who may have the plant growing in their backyard but never planted it and don’t intend to use it for hallucinogenic purposes. If you have been accused of using this drug for recreational purposes, then you are going to want a Houston criminal defense attorney on your side to represent you in your case.

With the right Houston criminal defense attorney there to assist you, you may be able to get the case result that you need and avoid conviction. Because this drug is not heavily prosecuted, you may be able to strike a plea bargain or avoid prosecution. Hire the firm today to learn more!

Texas Crimes: Bribery

Bribery explained by houston criminal defense attorney herman martinez

According to the Texas Penal Code, bribery is the offense of intentionally and knowingly offering a person money or collateral for an illegal action; Individuals can be charged with this if they offer, confer, or agree to confer on another for a recipient’s decision about a situation, vote, or another exercise of discretion as a public servant or party official.

Bribery also applies to people who offer benefits to a person for their decision in a judicial or administrative proceeding, such as in a court case. For example, if an individual was charged with a crime, and bribed a judge to have him declare the defendant not guilty, this would be considered the crime of bribery. Also, if a person offers benefits for a political contribution, this can be considered bribery.

All bribery offenses are typically considered second-degree felonies. This also applies to tampering with witnesses in court cases, and to encouraging individuals to lie about the situations surrounding a case. Oftentimes those who commit the crime of bribery do not intend to commit a serious crime. Instead, they may be caught up in working to secure their innocence in a court case, or may be concerned about their welfare and will ask individuals to do them a favor for a reward.

It is best to remember that bribery is a serious crime and to avoid it at all costs. Talk to an attorney today if you want to learn more about bribery or if you need defense in a bribery case. You may be able to claim that you were misrepresented, or that you have been framed and did not intend to bribe anyone. Also, if you can prove that you were misinterpreted, and that in the conversation that allegedly took place you did not actually bribe the individual, then this may help in your case. Talk to a lawyer at The Martinez Law Firm for more information.

 

Texas Driving Laws in Effect in September

Texas Driving Laws - Houston Defense attorney Herman Martinez

Texans Driving Laws are changing! Texans will want to be extra-cautious on the roads these days after the Texas legislature passed a variety of new driving laws. These laws include stiffer penalties for motorists who don’t change lanes for Texas Department of Transportation workers that are working out on the roads. These workers are often hit by speeding drivers that fail to move away from the lane where the individuals are working.

This has resulted in many tragic fatalities for on-the-job workers. Now, when individuals fail to change lanes to avoid the workers in compliance with the Texas driving laws, they can be dined with heavier expenses. According to research, in the past ten years seven workers have died after they were hit by drivers.

Those who were originally charged with failing to move over and slow down could be punished with a misdemeanor resulting in a $200 to $500 fine. Now, the individuals can be charged with a Class B misdemeanor that is punishable by up to six months in prison. If the violation results in bodily damage then the full sentence may be imposed on the individual who violated the law.

Also, individuals who pass stopped school buses when the buses are picking up students for school can also be fined with heavier expenses. In the past, an individual who passed a stopped school bus could be dined between $200 and $1,000. Now, the new law increases those fines to range from $500 in the least to up to $1,250 at the most.

It is also illegal for individuals to use cell phones while driving near schools, and they can be fined with stiffer penalties as a result of the new driving laws. If you have been arrested for a traffic infraction of this nature then you need to contact a Houston criminal defense attorney today to learn more!

 

Texas and the Primary Belt Law

seat belt laws in texas, explained by criminal defense attorney herman martinez

In some states, individuals cannot be punished for failing to put on a seat belt. Yet this is not true in every situation. In some states, individuals can be fined for failing to buckle up when they get on the road. The Insurance Institute for Highway Safety says that there is some sort of mandatory seat belt law in every single state except for New Hampshire. Yet only 28 states permit police officers to find a person for failing to buckle up in the back seat.

Belt laws in 33 states and the District of Columbia are called primary seat belt laws. This means that a police officer is permitted to pull a driver over solely based on the fact that that individual is not wearing a seat belt. In other jurisdictions, the police need to stop the vehicle for another reason, such as speeding or an expired license, before they can discuss the issue of the seat belt and impose a fine.

If you are caught without a seat belt and want to contest the violation, then you can contact a local criminal defense lawyer to help you. You may think that it is over-dramatic to hire a criminal defense attorney to help you with something as simple as a traffic infraction, but there are times that this investment can save you a lot of money and possible license revocation.

When you are slapped with another traffic violation, your insurance could go up, and you may be forced to cope without a license for a set amount of time. You can attempt to avoid these penalties by discussing your case with an attorney at our Houston criminal defense firm today. Hire a lawyer at The Martinez Law Firm and work hard to fight the prosecution and avoid a sentence that could cause difficulty in your life!

 

THE ZERO TOLERANCE LAW IN TEXAS ISN’T SET AT ZERO

Zero tolerance laws in texas - herman martinez - houston criminal defense attorney.

In the state of Texas, the police maintain a Zero Tolerance law. This means that individuals under the age of 21 are not allowed to drive with any alcohol in their system because it is illegal for these individuals to even consume alcohol. Interestingly enough, the “zero tolerance” policy in the state of Texas isn’t actually set at 0.00%. In some states, any teen or underage drinker that registers with any alcohol in his or her system can be arrested.

In Texas, the underage drinker has to register at 0.02% to qualify for violation of the Zero Tolerance policy and receive charges and an arrest. This is a very low BAC that most individuals can reach with one or two beers. This means that most of the time teens will be charged with underage drinking and driving if they have had any substantial alcoholic drinks in the recent past. Yet the 0.02% buffer protects any underage individuals who may have only had a few sips of Mom’s wine at dinner or had a couple sips of an older friend’s beer.

The National Highway Systems Designation Act of 1995 originally mandated that all states consider a 0.02% BAC for under-21 drivers. All states were required to set this limit in order to qualify for Federal Aid Highway Funds. All states eventually agreed to this rule, but many states set their limit as a per se offense. This means that the police don’t actually have to prove intoxication as long as the driver is above the stated limit.

Some states decided to go even further and set their limit at 0.00% as later recommended by the federal government. Texas remained at the 0.02% limit, and continues to operate with this law in place today. This means that if you were arrested for an underage DWI and are being prosecuted on a zero tolerance 0.00% policy standard, this may not be in accordance with the state laws. You will want a Houston DWI attorney at The Martinez Law Firm to assist you if you need more information or want to battle your charges.

 

Texas Introduces Domestic Violence Registry

Most states have sex offender registries that allow them to list those convicted of sex crimes. Rapists, sexual assaulters, child pornography offenders, and others are listed on this registry for the public. The registry is public shaming, and many individuals will steer clear of
sex crimes in order to avoid being put on the state list where anyone can learn about their past offenses. Now, Texas has created a new registry of similar nature for those that are domestic violence offenders.

Every year, thousands of individuals are battered and harmed by family members. In fact, the Texas Department of Public Safety reports that in 2011, 177,983 people reported incidents of domestic violence. 40% of these incidents were against a spouse, and about 16% of the acts of violence were against children. 44% of all domestic violence acts involved violence against an immediate family member.

Because of this, the state has decided to list all persons convicted of domestic violence or domestic abuse on a registry. The registry will show their names, birth dates, and even mug shots. If you have been charged with a domestic violence crime, you will want an attorney there to represent you in court. If you fail to prove that you are innocent of your crime, you may be placed in this registry where your reputation will be damaged. Currently, the registry is reserved for individuals with three or more domestic violence convictions.

An attorney at The Martinez Law Firm can help you if you have been accused of a violent crime against a family member. Many times, domestic violence cases are over-exaggerated or can be fabricated by a bitter family member. Commonly, women will report that their partners or husbands abused them, even if this is not true. The courts tend to believe women over men in these situations, and an innocent husband or father may be jailed as a result. If you’re looking for the best Houston criminal defense attorney available, then you should contact The Martinez Law Firm today!

Texas Law May Enhance Protection For Homosexual Teenagers

Texas lawmakers make put into effect laws to protect homosexual teenagers. Under current laws, sexual contact with minors that are under the age of 17 is considered a crime of indecency in Texas. A caveat in this law allows teenage couples to avoid prosecution if they are in a consensual relationship and are both over the age of 14 and within three years of age of each other. Still, this law specifically states that this law is only available
to couples of the opposite sex. For example, if a 17-year-old and a 21
year-old of opposite sexes engage in a consensual amorous relationship,
then neither party can be prosecuted in connection with the crime.

If the same situation were to happen but between two homosexuals, current law would not allow for both parties to avoid prosecution. That is why a new law has been proposed. This new law would make it possible for homosexual teenagers and others to have the same protections as their heterosexual peers. The bill is currently going through the state legislature and claims that Texas should revise its definition of indecency with a minor to remove any implications that the law only has to do with heterosexual couples. In many states, sex offender relationships that are consensual and between those that are close in age have been treated with leniency.

Texas is one of the only states that distinguish that both partners in
one of these situations must be of the opposite sex in order for a consensual relationship to take place. This intriguing discussion on gay rights could affect some criminal law cases, so if you have been accused of sexual indecency with a minor, then make sure to mention this pending legislation to your attorney. Hire a Houston criminal defense lawyer at The Martinez Law Firm to assist you if you need help with your
sex crime allegations today!

Texas Indecent Exposure Laws: Can You Be Arrested?

In Uniontown, Pennsylvania, a woman was recently arrested when the police found her performing stripteases at an intersection in order to collect some extra cash. ABC News says that the woman was flagging down motorists and then telling them that she would take off her clothes if they would give her some cash. Jackie Hatters is currently jailed on a $25,000 bond. She was booked on charges of marijuana possession and disorderly conduct.

In Texas, women can also be arrested for strip teasing or indecently exposing themselves outside of the context of a strip club. In Texas, indecent exposure merits a misdemeanor. Whenever a person exposes a private part of their body for sexual arousal or with disregard to others who could be watching nearby, that person can be booked on these charges. According to one Houston lawyer, a person can also be arrested for publically performing sexual intercourse with another person or having sexual contact with someone in a public context.

If a person exposes his or her private parts in a lustful way in order to purposefully gratify a sexual desire, then he or she can be booked on indecent exposure. This can bring on up to $2,000 in fines and about six months in prison. If you have been arrested for public exposure, public lewdness, or another offensive act, then you will want a criminal defense lawyer on your side. If you do not acquire expert representation, you may end up like the woman in Uniontown, Pennsylvania who will have to serve a sentence for her actions. Don’t hesitate to get in contact with a lawyer at The Martinez Law Firm today for more information. We will work hard to diminish or eliminate your charges and fight to prove your innocence!