New Year’s Eve is a time of celebration, which often means that the night will involve alcoholic drinks, dancing, and all the elements of a good party. While annual New Year’s Eve parties can be loads of fun, they can end in a devastating arrest if drivers are not careful. If you choose to drink at your New Year’s celebration, then you should not drive afterwards. You may want to designate a driver that will stay sober and provide transportation to and from the party. Oftentimes, it’s difficult to find a friend willing to take on this role. As a result, you may want to consider hiring a professional driver to transport you to and from your event on New Year’s Eve.

You can hire a taxi cab in Houston to take you back to your home. As well, if you are travelling to a party with a lot of friends, you may want to hire a party bus or a limousine. Not only will this arrangement keep you safe from a DUI, but it will also be a lot more fun. Whether you designate a driver, hire a professional transportation service, or opt for public transportation, you should never get in the car and drive home after having too much to drink. During the holidays, the Houston Police Department often adds extra DUI checkpoints all throughout the city and has many roving patrols looking for drivers that are swerving, disobeying traffic signals or speeding.

Police know that New Year’s Eve is a time of partying and alcohol. Therefore, they are on the lookout. While the police may seem like an enemy on New Year’s Eve, their goal is noble. They want to protect the innocent drivers out on the road in Houston from a fatal DUI crash because of another person’s inability to drive safely. If you need more information about DUI defense, then you need to contact a lawyer at
The Martinez Law Firm today. With the right defense, you may be able to avoid a New Year’s DUI charge or may be able to lessen your charges at your hearing.

accused of breaking the law can be extremely scary and stressful. If you are getting ready to go to
court in the Houston area, you need to have a
Houston criminal lawyer that you can trust. There are many different attorneys out there, but
you need to make sure that the one you hire to represent you has what
it takes to make sure you get a fair trial.


When you begin searching for a Houston Criminal Lawyer, you want to hire
a professional who is available to help you throughout the entirety of
your case. It is critical that your attorney has the time to dedicate
to your case so that you get the top notch representation you deserve.
You also want someone who has the time to explain the process to you and
answer any questions you might have along the way.


Another important trait for a criminal attorney is someone who loves what
they do and has a passion for upholding the rights of citizens facing
prosecution. One of the most important aspects of being a defense attorney
is ensuring that clients get a fair trial and that all of the evidence
that is presented is fought. In order to get this type of service from
an attorney, your lawyer needs to care deeply about your Constitutional
rights and needs to love the work they do and not just be in it for the money.


A solid Houston criminal lawyer will also be someone who has integrity
and is honest in all of their professional dealings. A detailed attorney
asks the hard questions and seeks to get the truth. You want someone who
works above the boards and who will uphold the law at all costs. This
is someone you can trust to tell you the truth no matter how difficult
it might be to hear.

If you are facing criminal charges, you do not have to face the fear and
uncertainty alone. If you are in need of legal representation, please
feel free to
contact us today at 713-242-1779.

In Harris County Texas, 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 for 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 gun shot and a loud scream. Flowers was the individual who accidently 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 back linking 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!

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 affectively 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!

With the holidays approaching, law enforcement will be on high alert for
the increased number of drivers who are operating a motor vehicle while
intoxicated. In some locations the police presence will be extremely high..

If you are
stopped for DWI, you may feel intimidated and scared. Although just being stopped is a
good indication that you may be arrested, there are some things you can
do to lessen the possibility of arrest and improve your chances in court
if you are arrested.

Of course, you should never drive if you are intoxicated. However, even
a small amount of alcohol in your system can mean that you could be considered
at fault for any accident that occurs and you could still arrested for
drunk driving even if you are below the legal limit. And it doesn’t
take many drinks to exceed the legal limit, much depends on your body
weight and how much time has elapsed since you had your last drink. If
you are going to drink, even socially, then you need to realize that you
could be stopped for DWI.

Remember that a vehicle that appears to be in disrepair, is excessively
loud or that has any burned-out or broken lights, will attract the attention
of police officers who are keeping an eye out for dangerous drivers. Drivers
who fail to obey traffic laws by speeding or ignoring stop signs will
also draw the attention of law enforcement, as will a driver who appears
to be weaving or erratic.

Even if you are not driving erratically, you can be pulled over for something
as simple as a broken tail light, or some other minor infraction. At that
point, if the officer believes you are under the influence, he may ask
you to perform
field sobriety tests. Failing these tests gives the officer probable cause to arrest and to
request a
Blood/Breath Alcohol Content (BAC) test.

If you are
arrested for DWI, be aware that this is a serious charge that could seriously disrupt both
your personal and your professional life. It could mean jail time, probation, costly
surcharges by DPS, your car insurance may increase and a mark on your reputation
that could have a detrimental effect on your career and your family life.

If you are
charged with DWI, you need an advocate working to defend you. Herman Martinez is a
Houston DWI Attorney who is certified by National Highway Traffic Safety Administration (NHTSA)
to administer the same field sobriety tests that the police use to base
arrests on. This expertise makes him particularly adept at finding inconsistencies
and irregularities in these test results.

If you have been arrested for DWI, don’t put your future at risk. Seek
the best representation for your case.
Contact us for a consultation today

It is illegal to falsify information or lie to an insurance company. In
fact, if you are deceptive towards an insurer, you will not only be confronted
on moral grounds. You may be taken to court and charged with insurance
fraud as a result of your actions. If you are
charged with this crime, you will want to hire a
Houston criminal defense attorney to help you immediately.

The Martinez Law Firm, we understand that you may not be guilty of your crime. For example,
we may be able to argue that you did not intend to deceive or defraud
the insurance company. Maybe you did not have the right information and
your crime was completely unintentional. As well, an attorney may be able
to argue that the information that you provided to an insurance company
is not false after all. Many times miscommunications can come off as lies
when there is simply a discrepancy in the language.

A Houston criminal defense attorney could also argue that there was a mistake
in the fact. For example, you may have truly thought that a fire in your
home started with a defective product and only learned later that the
fire started because you left your stove on when you went out to run errands.
There are countless instances where you may be mistaken and you may have
provided information to an insurance company that you assumed was true.
With so many defenses to employ, it is essential that you make to have
a Houston criminal defense lawyer on your side when accused of lying to
an insurance company.

If you do not hire a criminal defense attorney to help you, and are consequently
proven guilty of your crime, then you can be charged with a state jail
felonly. For example, there have been insurance fraud claims that have
come with first degree felony convictions because of their lies.

People who purposefully falsify information on one of these insurance claims
can be sent to prison for up to two years in addition to the other charges.
All of this is outlined in the
Texas Insurance Fraud Statute in the Penal Code, Title 7 Chapter 35. If you want more information about insurance fraud and how to handle
allegations, make sure to contact an attorney at The Martinez Law Firm.
The lawyers at this firm are devoted to helping clients in need with their
criminal defense cases.

Whether you have been charged with a
white collar crime a fraud crime, or murder, these lawyers are here for you.
Contact them today!

I have mentioned before how serious a theft or shoplifting case is because it is considered a crime of moral turpitude. Most employers will not hire someone with this type of conviction on their record. Lately, theft cases have seen an upturn that I would have not expected. The general public typically does not know that theft of copper has been a type of theft that is very common in Houston. Honestly, I would not know this if I was not a Houston Criminal Defense Attorney, but I have represented several people that have resorted to these types of crimes. I understand that desperate times call for desperate measures, but if you are considering this type of theft please be aware that people are literally dying trying to commit these crimes. The reason that these are likely so common was that they were perceived to be safe when compared to an aggravated robbery with a gun, but I would give it some serious thought before trying to extract metal from an air conditioning unit. Please think twice before considering this crime since the potential loss of life is not worth the money.

I am always confused when the Houston Police makes such a big deal when they perform prostitution stings. One recent sting detailed in the Houston Chronicle even boasted about arresting a Halliburton executive along with a group of other men. My question is does the public really care if some middle aged men enter into a consensual contract with a woman for sex? A recent movie, The Sessions, displayed the benefits of professional sex therapy. Thus, is seeking sexual companionship on the internet any different then seeking an unlicensed massage therapy. The last time I checked gettting a massage from someone without a license does not come with such serious consequences like being labeled a criminal along with sex offenders, face jail time or loss of one’s job. It is also not considered a crime of moral turpitude (crime of dishonesty, or bad character) like prostitution. As a lawyer defending clients that are charged with prostitution I have seen the anxiety, stress that they must overcome even before their case is dismissed. It is time that law enforcement target areas of the city where prostitution is on the street, out in the open. These are the types of prostitution cases that the public wants to be addressed not the ones behind closed doors.

If you have been charged with the use of deadly force, then you will want to know what kind of allegations you are up against. For one, the use of deadly force is covered in Chapter 9 of the Texas Penal Code with laws regarding deadly force. There are some situations in which you can get away with using deadly force, and these are clearly outlined in the code. Justifications include using deadly force in self-defense, using deadly force in self-defense of another, or using deadly force in defense of property. These arguments are only valid if the deadly force is used reasonably in the context of the situation. For example, if someone was attempting to harm you and you used deadly force in order to keep from being hurt, that would be justified.

If a friend lays a hand on you while you are in a bad mood and you result to deadly force in an act to “defend yourself,” chances are that the context will cancel out your justification in the court. You could be charged with deadly force or assault as a result. An individual is allowed to use any force that he believes is reasonable against another individual in the attempt of self-defense. IN order to declare self-defense, a defendant must prove that his or her attacker was attempting an unlawful attempt such as assault, battery, or rape. Resisting arrest is not grounds for self0defnese, nor is resisting a peace officer. If the defendant is provoked, then the court may declare that the deadly force was criminal, not justifiable.

If someone that you love is in danger, then you have the right to use deadly force in protection of that person. You cannot weld deadly force in an irrational way. For example, if you are a father and see a young man grab your daughter’s hand, you do not have the right to punch and beat him for doing so. If you could prove that the victim of your violence had the intention to rape or harm your daughter, then you would be justified. You will need to prove in court that deadly force was the only way to protect the third person in order to insist that you were doing the right thing.

You may also need to use deadly force to protect your property. Normally this means inflicting violence on a criminal who intends to rob you or burglarize your home. You will have to prove that you could not protect your property by any other means other than deadly force in order to justify your actions in court. With the help of an accomplished lawyer, you may be able to justify your choices and show that you have every right to walk away from a deadly force charge without a sentence. Talk to a lawyer at the Martinez Law Firm today if you need more information.

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!

Jalen Larson Mays was nearby an equipment storage facility when the structure went ablaze. The flames licked the structure and charred the equipment that was stored inside, brining on thousands of dollars in damages. As Jalen walked away, a witness noticed his nonchalant actions, and reported the fire to 911. This observer then targeted Jalen as an arsonist because he did not see, to be affected by the fire and didn’t intend to call emergency help. The witness told the 911 dispatcher what Mays looked like and explained that there was a possibility that he set the fire.

Yet investigators have contradicted the witness’ suspicions, saying that the fire was a fluke incident that was caused by an open flame that ignited combustibles. They believe that this open flame could have come from anywhere. The fire ruined sports equipment that was used by up to 2,500 kids in community sports in the Houston area. Mays was caught by police after the blaze was put out, and arrested because he had the same description and clothing as the witness had described.

The 19-year-old was charged with arson. He had paint oxidation marks on both shoulders that matched the exterior wall of the structure, and he was carrying a lighter in his pocket. The sports league says that they did not have insurance on the building and are soliciting donations to rebuild and replace the structure and the items that were inside. If you have been charged with arson like Mays, we understand that all evidence may point to you and the situation may seem hopeless. Yet with a trustworthy and accomplished lawyer, you may be able to reduce your charges or lessen your sentence. Without the right evidence, you may be able to get your case thrown out altogether. Hire a lawyer who is respected in the court room! Get help from an attorney at the Martinez Law Firm today for legal aid!

Car thieves often target specific vehicles because of their commonalty, value, durability, and other factors. Interestingly enough, the cars that are stolen are not normally luxurious models like Mercedes, nor are they fancy foreign cars like Lamborghini’s. Instead, they are mostly durable, well-made cars that can satisfy the car thief’s needs or work well as a sales car. Many times, car thieves steal vehicles so that they can sell them to dealerships, making a 100 percent profit. The most popular car that is stolen in Houston is a Ford truck.

In fact, 196 Ford trucks were stolen during August of 2012. 182 Chevrolet trucks were stolen in the month of August as well, making it the second-most targeted car. 97 Hondas were stolen, followed by 80 Dodge trucks. The fifth most popular car to steal in Texas is a Chevrolet, and 46 were lifted last month. 43 drivers had their GMC trucks stolen, and 42 men or women lost their Nissan car to a burglar. Toyotas are the eighth most popular car for stealing, with 37 stolen vehicles last month. 26 burglars chose a Ford car, and Dodge cars capped the list at 20 cars stolen for the top ten spot.

Stealing a car is a serious crime, and many times it is considered a federal offense that is punishable by up to 15 years in prison. Maximum sentences can increase up to 25 years if the victim of the theft is injured in the process. If the victim is seriously injured or killed, then the crime can merit a life sentence. Normally, these stolen cars are taken to a chop shop, where they stripped of the parts that are essential.

The parts are then sold to restorers. Normally, these chop shops are the hubs of car theft rings. If you have been arrested in conjunction with car thievery or a chop shop, then you could have up to 30 years of prison in your future. Yet with an excellent lawyer, like an associate at The Martinez Law Firm, you may be able to avoid the serious sentences that are connected with your crime. Talk to someone at our firm today to secure representation in your trial!

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.

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 the 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.

Probation is considered to be an act determined by the court in which an
accused of a crime receives a level of punishment while not being sent to jail or prison.
Probation also may be the period after which an individual is released
from prison, and they are still being closely monitored by the authorities.
There is accountability with the government by which the person agrees
that they will not
violate the probation or they will face greater consequences for their actions.

The court allows the person to be under supervision while still maintaining
a certain level of freedom depending on the charges. When under probation,
there is no room for mistakes, and if caught in any violation it is likely
that the individual will face even harsher punishments. In the event that
a person violates their probation, or parole, they are in serious danger,
and need to contact a criminal defense attorney as soon as possible. While
the consequences may be more severe, every person maintains the right
to have a hearing to defend their case; because of that a lawyer is of
great importance to make sure that the case is properly handled.

At this time, a
Houston criminal defense attorney will do one of two things: either file an adjunction or file a motion
to revoke. These two different titles are based on the type of probation
a person is under, though they both have the same end goal of having the
probation revoked. Have you been accused of violating your parole or probation
in any way?

Don’t wait another moment,
contact the Martinez Law Firm today for the criminal defense representation that you deserve! Our firm
has years of experience in the criminal court, and we are ready and willing
to do what is necessary to fight for your case.

Contact us today for more information!

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 review the charges to determine the best course of action.

When I became a lawyer cell phones were not used by many people. In fact, I did not get a mobile number until I left the Harris County District District Attorney’s Office. When I became a criminal defense lawyer pagers were the preferred method of contacting your attorney when in a pinch. I remember having to try to decipher messages scrolling on my pager. It did not take long for me to go to the cell phone route despite the price to buy one being exorbitant. The rates for talking on one were equally insane. Thus, I treasured every phone call and would judiciously give out my phone number. I am not talking that far back either. Luckily, they way we communicate has changed swiftly. Unfortunately, the legal has profession has been slow to grasp the clamor that clients have to reach their attorneys. I know several colleagues that are hesitant to give their client’s his/her mobile phone number. I wholeheartedly disagree with this attitude. If I can not trust my client with my cell phone number I should not have them as a client. Therefore, I give every client my mobile with the understanding that I will be unable to talk to them during my court docket that runs from 8:30 am to 1:00 pm every weekday. Additionally, I ask every client to text me once they arrive for their scheduled court date. By doing this both the client and me have the peace of mind that we are both in the courthouse. I look forward to seeing what forms of communication become available in the near future. I hope to be the first one experimenting with it as long as my clients are agreeable.

As a attorney in Houston handling sexual assault cases one of the most important things my clients needs to know are the consequences pertaining to different sexual crimes. Thus,it is impostant that the client understand each of the issues outlined below.

  1. ______ , I understand I Am required to meet the sex offender registration requirements of Chapter 62 of the Code of Criminal Procedure.
  1. ______ , I understand I must register with local law enforcement agencies in the city or county where I reside.
  1. ______ , I understand under certain circumstances I must periodically verify registration information or enter a new registration with local law enforcement agencies in any city, or county where I intent to reside, move, visit or work.
  1. ______ , I understand I am subject to the above describe registration program and the duty to register does not generally expire until ten years after my sentence or community supervision ends because I will have been convicted or placed on deferred adjudication for on the offense listed below:
  • Indecency with a child by exposure;
  • Compelling Prostitution;
  • A Second conviction for Indecent Exposure;
  • Unlawful restraint, kidnapping, or aggravated kidnapping if the judgment or order contains an affirmative finding that the victim was a child under 17 years of age;
  • Any substantially similar offense under the law of another state, federal law, or the Uniform Code of Military Justice;
  • Any offense resulting in a condition of parole, release to mandatory supervision, or community supervision requiring registration as a sex offender;
  • Attempted conspiracy or solicitation to commit any of the offenses list above or below;


______ , I understand I am subject to the above described registration program and duty to register is for the remainder of my life because I have been convicted or placed on deferred adjudication for one of the offenses below:

  • Sexual performance by a child;
  • Prohibited sexual conduct;
  • Indecency with a child by contact;
  • Compelling prostitution of Minor;
  • Sexual Assault;
  • Possession or promotion of child pornography;
  • Aggravated kidnapping with intent to violate or abuse the victim sexually;
  • Aggravated sexual assault
  • Burglary of habitation with intent to commit indecency with a child, aggravated sexual assault, sexual assault, prohibited sexual conduct, aggravated kidnapping with intent to violate or abuse the victim sexually.
  1. ______ , I understand I must register as a sex offender regardless of the pendency of an appeal.
  1. ______ ,I understand that failure to comply with sex offender registration laws is a criminal offense.

Your Houston Sexual Assault attorney needs to know these issues and many more. Please do not hesitate to contact me if you have any question regarding these type of cases.

As I have mentioned before, there are two types of community supervision,
(probation) in Texas. One is probation, the other is deferred adjudication.
What a lot of
<a href=”/Attorney_Profile.aspx”>criminal lawyers</a> do not mention to their clients is Pretrial Diversion. I am not sure if
the criminal attorneys that do not alert their clients of Pretrial Diversion
is because of a lack of knowledge or because it is so difficult to obtain
when compared to a probation or deferred adjudiction.
One of the most important requirements for a person seeking entry into
the Pretrial Diversion program is a
<a href=”/Criminal_Defense/Clearing_Your_Record.aspx”>completely clear criminal record</a>. Typically, even a case that was previously dismissed will preclude someone
from entering the Diversion program.
<p><strong>If someone is seeking entry into the program in Harris County these are
some of the things needed:</strong></p>
<p align=”center”>
<strong>1. </strong>The application should be submitted at least one week prior to the next
court setting.
<strong>2. </strong>A statement should be detailing the following: summary of the circumstances
of the offense charged; a statement of any mitigating factors, including
a statement of why you deserve this extraordinary benefit; a statement
explaining the current home life, including information regarding support
systems; the statement
<strong>must admit guilt</strong>, but it will not be used against you if you are not allowed to enter the program.
<strong>3</strong>. A complete representation of any juvenile or adult criminal history,
including pending cases in other jurisdictions, arrest that have not been expunged.
<strong>4. </strong>All content should be race neutral.
<strong>5. </strong>Current family and residential information. PLEASE STATE IF YOU DO NOT
<strong>6. </strong>Photographs, original awards or certificates; you may have received.
<strong>7. </strong>Include verification of current and past school enrollment, including transcript,
if possible.
<strong>8. </strong>Include verification of your current and past employment (Resume suggested).
<strong>9. </strong>Letters of recommendations (at least 2).
THE APPLICATION TO BE DENIED. </strong></p></span>

<span><p><strong>As a practising Houston Criminal Lawyer I have always found it to be annoying that the Harris County, Texas District Attorney’s Office (HCDAO) makes me take notes of my client’s offense reports. Many other jurisdictions in Texas give the lawyer representing the accused a copy of the report. Luckily, the policy changed recently in Harris County. Nevertheless, that does does not mean that this allows me to release the report to my client. Many clients want the offense report for their own records. In fact, </strong>DWI clients
<strong>frequently obtain what they think to be the complete report from the polilce agency that arrested them for drunk driving, but these reports are not complete. The reports that are given to the public exclude essential details of the offense/crime. Once I go over the report that I obtain from the HCDAO my client inevitably wants their copy. Regretfully, I have to tell my client that despite the fact that my file is essentially their file I can not give them the offense report because in order to get the report I have to enter into the following agreement.</strong>
<p align=”center”></p>
<p align=”center”></p>
<p align=”center”><strong>NO.___________________________</strong></p>
<p><strong>STATE OF TEXAS </strong><strong>§ IN THE COUNTY CRIMINAL</strong>
<p><strong>§ COURT OF LAW NO. ____ </strong></p>
<p><strong>JOE SMITH § HARRIS COUNTY, TEXAS</strong></p>
<p align=”center”><strong>CONFIDENTIALITY AGREEMENT</strong></p>
<p>The State of Texas files this Confidentiality Agreement in the above styled case wherein counsel of record for the defendant agrees as follows:</p>
<p>I, Herman Martinez, hereby agree, individually and on behalf of my client, to the following with respect to the State’s disclosure of information, documents, or items in the above- reference cause:</p>
<li>That I and any experts or qualified staff or consultants acting on my behalf or my client’s behalf under my direction/ supervision, agree to use any documents and or items from the State’s file solely for the purpose of defending against the charges in the above-captioned case and for no other purpose.</li>
<li>Any items provided to me, including copies of police reports, will not be disseminated to the media, to the defendant, to the defendant’s family or friends, or to any other person, expect defense experts, qualified legal staff, or legal consultants acting on my behalf or my client’s behalf and under my direction/ supervision.</li>
<li>The access I am provided to the State’s file and/ or items therein does not constitute a voluntary disclosure or waiver by the State under the Texas Public Information Act.</li>
<li>A Defense attorney who acts in violation of this discovery policy may be denied copies of police offense reports and/ or access to the State’s files.</li>
<p align=”center”>___________________________________</p>
<p>Counsel for Defendant</p>
<p>Respectfully submitted,</p>
<p>Assistant District Attorney,</p>
<p>Harris County, Texas</p></span>

The way people are treated when they are arrested in Houston, Harris County,
Texas leads them to believe that they are guilty until they can prove
their own innocence. Luckily, this is not the law in the criminal justice
system despite beliefs to the contrary. Since most
criminal cases do not go to trial, innovative ways need to be developed by a criminal
defense attorney to get a get case dismissed or prevent a person from
getting a permanent conviction on their record.

One of the main ways a person is able to prevent a conviction is by
obtaining a deferred adjudication. A deferred adjudication is a form of community supervision or probation
that prevents a conviction from becoming final on a person’s record.
Once a person successfully completes the deferred adjudication they may
petition the court for a non disclosure (sealing of the records). Some cases may be “sealed’ immediately while others have a
waiting period. The down side of a deferred adjudication is that the Government
will also see the record even if it gets “sealed.”

An even better way to prevent a conviction on someone’s record is by
doing a Pretrial Diversion. A Pretrial Diversion is better than a deferred adjudication because it
allows a person to expunge, clear, or destroy all records pertaining to
the arrest. Most importantly, the Government will NEVER be able to see
the arrest in the future. An example of a Pretrial Diversion is
Astros Centerfielder, Jordan Schafer, who was arrested for
marijuana possession.

If you are facing criminal charges, call my office in Houston for a
free consultation.

For some reason whenever a female teacher is arrested, charged, or investigated
for 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
harmed 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 then 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.

<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.
<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.
<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.
<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>

This is a comment I get from clients all the time who are desperate to resolve the jam they find themselves in when arrested for a criminal charge. My clients are typically willing to do whatever it takes to get their charges dismissed after an arrest. I wish every case was as easy as paying restitution to an alleged victim for the case to go away. Unfortunately, most criminal cases are not resolved in this matter. A proper defense to a criminal accusation involves much more than throwing money at the issue. As a criminal defense lawyer I have to caution my clients that want to spend their money before properly investigating for legal reasons to get the case dismissed.

A person may be a billionaire like John Goodman, who was recently convicted of DWI Manslaughter, but before trial settled the civil suit with the victim’s family. The settlement of the case did not prevent the prosecutors from seeking a convicton in his case. Nevertheless, the fact that he has paid a significant amount may impact the punishment he receives from the court.

Whether it is a sexual assault, indecent exposure, criminal mischief, or even
child pornography it is better to allow a lawyer to handle all aspects of the case, including paying any damages that may be owed.

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 the 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 invesitigated 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.

<span><p>As a Houston Criminal lawyer I help people in different ways. Once way I help people is by keeping a conviction off their permanent record. A pretrial diversion allows this to happen. Best of all, it allows someone to have their record cleared after they complete program. Below you will find a sample contract to enter the pretrial diversion program.</p>
<p>If you have any questions please do not hesitate to contact me. Please be advised that may apply to most cases like assault, child abuse, sexual assault, theft, shoplifting, possession of <a href=”/Criminal_Defense/Drug_Crimes/Controlled_Substances/Marijuana.aspx”>marijuana</a>, or even public lewdness.</p>
<p align=”center”>C</p>
<p>COMES NOW, HARRIS COUNTY, DEFENDANT, the defendant in the above styled and numbered cause and the State of Texas, by and through the District Attorney, and requests the Court to reset this case until one year from the date this document is signed.</p>
<p>As grounds for said request the defendant would show the Court as follows:</p>
<p align=”left”></p>
<p align=”center”><u>Name and Offense</u></p>
<p align=”left”>My name is HARRIS COUNTY, DEFENDANT, and this is my true name and I have never used or been known by any</p>
<p align=”left”>other name.</p>
<p align=”left”></p>
<p align=”left”>I am charged with and I am guilty of the offense of Houston, Harris County, Texas crime.</p>
<p align=”left”>This offense is alleged to have occurred in Harris County, Texas, on or about January 1, 2000.</p>
<p align=”left”>I have never been charged with an offense, other than a minor traffic offense, except as may be explained in an attachment to this motion which shall be made a part hereof for all purposes, in this or any other jurisdiction.</p>
<p align=”left”></p>
<p align=”center”><u>Prior Criminal History</u></p>
<p align=”left”>I have never been convicted of any offense, except as may be explained in an attachment to this motion that</p>
<p align=”left”>shall be made a part hereof for all purposes, in this or any other jurisdiction.</p>
<p align=”left”></p>
<p align=”left”>I have never been granted probation or deferred adjudication, except as may be explained in an attachment to</p>
<p align=”left”>this motion which shall be made a part hereof for all purposes, nor have I been previously placed in any type</p>
<p align=”left”>of intervention program in this or any other jurisdiction.</p>
<p align=”left”></p>
<p align=”center”><u>Drug and Alcohol Issues</u></p>
<p>I am not an abuser of alcohol or any other chemical substance and will voluntarily take a urine test or any</p>
<p>other test to determine the presence of a chemical substance whenever requested by the Harris County Community Corrections and Supervision Department (hereinafter called the “Department”).</p>
<p>I will take the S.A.L.C.E. test and provide a sample of my urine to the said Department within 30 days of the</p>
<p>date of this Agreement.</p>
<p>I will submit to random urine analysis at the direction of my Supervising Officer during the period of this</p>
<p align=”center”><u>Community Supervision Programs</u></p>
<p>I agree to participate faithfully in the following program(s) supervised by the Department:</p>
<p>I further agree to participate in all programs recommended by the Harris County Community Supervision</p>
<p>and Corrections Department.</p>
<p align=”center”></p>
<p align=”center”><u>Fees</u></p>
<p>I agree to pay fees as directed by the Court or by the Department to cover the cost of my participation in the</p>
<p>intervention program. I understand that the total of these fees will not exceed $60.00 per month</p>
<p>beginning one month from today.</p>
<p>I will pay a drug testing fee of $5.00 per month beginning April 2, 2012.</p>
<p>I will pay a fee of $12.50 and obtain an Offenders Identification Card within thirty days of the date of this</p>
<p align=”center”><u>Reporting</u></p>
<p>I will report to the Department today, ______nd on the 2nd day of each and every month thereafter, unless otherwise directed in writing by the Department or by the court, until _____</p>
<p align=”center”><u>Community Service</u></p>
<p>I will voluntarily and faithfully participate in community service programs for a total of ____hours over the next</p>
<p>three hundred sixty-five days as directed by the Department at the rate of a minimum of 8 hours per month beginning April 2, 2012.</p>
<p align=”center”><u>Other Conditions</u></p>
<p>I agree that I will not violate the laws of this state, any other State, the United States, or any political</p>
<p>subdivision of these jurisdictions during this intervention period. I agree that should any such violation</p>
<p>occur this agreement is immediately void and without force and effect.</p>
<p align=”center”><u>Theft Cases</u></p>
<p>I will not enter a Store during the period of this Agreement.</p>
<p align=”center”><u>Law of Parties Cases</u></p>
<p>I stipulate, admit, and confess that I committed the above-listed offense with the following individuals:</p>
<p align=”center”><u>Defendant’s Information</u></p>
<p>My home address is in Houston, Texas.</p>
<p>I will not change my home address without first giving written notice to the Department within five days of each such change.</p>
<p align=”center”><u>General Conditions</u></p>
<p>I will appear in his court as directed by the court or by the Department. Notice of my appearance date may</p>
<p>be mailed to me at the above home address unless I have given written notice of a new home address to the Department, in which event written notice to the new address shall be sufficient. If I do not appear in this court as directed I understand a <a href=”/Criminal_Defense/Warrants.aspx”>warrant</a> will be issued for my arrest.</p>
<p>I will either be a full-time student or obtain full-time employment during the pendency of this Agreement.</p>
<p>I further agree and understand that during the term of supervision, I am strictly prohibited from shipping,</p>
<p>transporting, possessing, receiving, or purchasing a firearm, altered firearm, or ammunition, or attempting to</p>
<p>ship, transport, possess, receive, or purchase a firearm, altered firearm, or ammunition.</p>
<p>Based upon the above representations by the defendant herein, the State of Texas and the defendant herein,</p>
<p>hereinafter called the “parties”, now enter into the following agreement:</p>
<p>That if the defendant does not satisfactorily participate and complete all the terms and conditions of this agreement that this agreement is void and the above styled and numbered cause will be scheduled on this court’s docket as if there had been no intervention agreement. The defendant agrees that the District Attorney may declare this agreement void at any time, and in such event, this criminal action will be docketed with the court as if there had been no intervention agreement. The defendant acknowledges that he may not be eligible for an expunction upon the completion of this agreement and the dismissal of this case. The defendant agrees that this case will be controlled by the terms of the Code of <a href=”/Criminal_Defense/Criminal_Procedure.aspx”>Criminal Procedure</a>, Article 55.01, and, if under the terms of that statute, he is eligible for expunction, he will not seek expungement of his criminal record for two years from the date that he successfully completes this Intervention and the case is dismissed from the docket of this court. The parties agree that if the defendant successfully completes the terms and conditions of this agreement to the satisfaction of the district attorney, the district attorney will move to dismiss the above styled and numbered cause.</p>
<p>I, HARRIS COUNTY, DEFENDANT, the defendant herein, have read all of the above agreement and hereby swear it is true and correct and represents the total agreement between the State of Texas and me.</p>
<p>SUBSCRIBED AND SWORN TO before me this _______.</p>
<p>Defendant’s Signature Person Administering Oath</p>
<p>Printed Name of Defendant</p>
<p>Attorney for Defendant</p>
<p>Printed Name</p>
<p>Agreed to, and approved by,___________, Assistant District Attorney for Harris County, Texas.</p>
<p>Assistant District Attorney</p>
<p>Harris County, Texas</p>
<br clear=”all”>
<p align=”center”><u>COURT ORDER</u></p>
<p align=”center”></p>
<p align=”center”>CAUSE NUMBER ______________</p>
<p align=”center”></p>
<table border=”0″ cellpadding=”0″ cellspacing=”0″ width=”732″>
<td><p>THE STATE OF TEXAS</p></td>
<td><p align=”center”>§</p></td>
<td><p align=”center”>§</p></td>
<td><p>AT LAW NUMBER ____</p></td>
<td><p align=”center”>§</p></td>
<td><p>OF HARRIS COUNTY, T E X A S</p></td>
<p align=”center”></p>
<p>Upon motion by the defendant, and agreement by the State of Texas, by and through the District Attorney of Harris County, Texas, the Court ORDERS that:</p>
<p>1. The defendant shall pay a pretrial intervention fee of $</p>
<p>for each month this agreement is in effect. This payment shall be made to the Department, who is hereby ordered to collect said amount and to supervise the performance of this agreement;</p>
<p>2. The defendant shall perform this agreement as set out above; and;</p>
<p>3. That the above styled and numbered cause is hereby reset until , unless otherwise ordered by this Court.</p>
<p>Signed and ordered this</p>
<p>Presiding Judge Right Thumbprint</p>
<p>In the County Criminal Court-At-Law Number</p>
<p>Harris County, Texas</p></span>

One of the biggest challenges as a
Houston Criminal Defense Attorney is defending a
sexual assault case.The reason being is when picking a jury for this type of case most
people are uncomfortable wih the issues that are going to be discussed.
Additionally, when picking a jury there are always a few people that have
been victims of sexual assault or have a family member that have been a victim.

When discussing this issue publicly the person becomes highly emotional
putting me in an awkward positioin and potentially “poisioning”
the rest of the jury panel. Fortunately, they recognize that they will
not be a “fair” jury in this type of case. At the end of the
day, picking a jury is a misnomer. What really happens is that people
are disqualified for different reasons and the first twelve that are not
excluded or “struck” by the prosecutor and me are the ones that
get to sit as a jury.

For example, last week I was picking a jury that went to the last person
on the panel to become jurors because so many of the jury panel members
had issues with this type of case.

If you have been charged with sexual assault in Houston,
call my office immediately for the representation you need!

One of the many changes high schools have made since I attended school
is the amount of children that are
prescribed drugs to treat different conditions. Most of the drugs that the kids are prescribed
today are illegal without a prescription. In fact, a drug that would normally
be a misdemeanor if possessed by a person is enhanced or “bumped
up” to a felony charge if they are found to be in
possession of drugs in a “drug free zone” like a school. I wonder how a parent would
feel if their child was charged with a felony for buying medication from
another student at school who has obtained the medication legally? To
make matters worse, the student that sold the drugs is unlikely to be
charged with the crime.

One other thing to keep in mind is that a child that is 17 years of age
in Houston, Harrris County, Texas is considered to be an adult. Thus,
a child would be arrested along with serious offenders which would be
a scary situation for the child and their parents.

Judge Karahan, a former prosecutor, and
Houston Criminal Defense Attorney understands how important it is to have all the evidence in a
criminal case before being able to properly evaluate a case. Thus, he has the following
discovery order in place for all criminal cases in his court.