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.

In some states, individuals cannot be punished for failing to put on a seatbelt. 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 safety belt law in every single state except for New Hampshire. Yet only 28 states permit police officers to fine 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 seatbelt. 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 seatbelt and impose a fine.

If you are caught without a seatbelt, and want to contest the violation, then you can contact a local criminal defense lawyer to help you. You may think that it is overdramatic 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!

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 charges and 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.

If you are a Texas resident, there are specific laws on cell phone use
that you need to adhere to. With the exception of drivers in school zones,
most drivers do not have any restrictions on their cell phone use while
they are driving. Also, Texas law restricts novice drivers from talking
to their phones while they are on the road. For the first 12 months after
receiving a license, a driver is considered a novice. These drivers cannot
text or call another person on their phone during this time or they can
be fined. In some situations, a police officer may even restrict the driver’s
license as penalty for disobeying the law.

Also, bus drivers are not permitted to use their cell phones when their
bus in in motion and is transporting any children under the age of 17.
In some cases, disobeying this law can be termed child endangerment and
can lead to severe punishments. Bus drivers are held to a high standard
because they transport youth on a regular basis. Despite these strict
rules, most drivers in the state of Texas are allowed to use their cell
phones, and cannot be arrested if they are caught with the device in hand.
In Amarillo, Austin, and El Paso there are city ordinances that restrict
cell phone use, but these are not honored at the state level.

This means that if you are arrested for cell phone use or ticketed for
this offense, you may be able to fight the charge in court. Whenever you
are falsely accused of a traffic violation, you will want a Houston criminal
defense lawyer on your side.
Attorney Herman Martinez understands how to tackle a case because he is a former prosecutor. Talk
to him today if you want more information about battling an undeserved
traffic violation!

Most states have sex offender registries which 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 a 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!

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 individuals
with homosexual lifestyles to have the same protections as their heterosexual
peers. The bill is currently going through the state legislature and claims
that Texas should revise their 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 distinguishes 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!

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!

As a
Houston Criminal Lawyer I have family members regularly contacting me wanting to know when their
loved one will be released from the Texas State Jail. Please remember
that when someone is sentenced under the State Jail Felony provision of
the Texas criminal code they are not eligible to be released early as
a parole. The range of punishment for a State Jail Felony is from 180
days to two years in the state jail and an optional fine up to $10,000.

As a Houston DWI Lawyer I like to inform my clients of what to expect in a DWI case. I tell my client’s that they need to be careful what they wish for in a criminal court case. For example, a lot of people want to avoid having the interlock installed in their vehicle by telling the court that they do not have a car. Typically, the court does not just take your word. The court asks our client if there is any vehicle in their home that they have access to use. Also, the court makes the person sign an affidavit stating they will not be driving any vehicle while they are on bond for their DWI case. The consequences of being caught driving under this scenario is severe.

You could be arrested for driving while your license is suspended. If this is the case the Judge may revoke your bond, and the Judge may also refrain from granting you an occupational license in the future. Lastly, many courts will order our client to get the scram device installed if they claim that they do not have a vehicle to drive. Most people say “no problem” until they realize that it will cost them $12 a day or $400 a month to have this device. This is a significant amount considering that a DWI case may take from two to six months to complete.