THE QUALITIES YOUR CRIMINAL LAWYER NEEDS TO POSSESS

Bbeing
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.




Availabile



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.




Passionate



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.




Honest



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.

ROBBER NEARLY GETS AWAY WITH CRIME UNTIL HE SHOOTS HIMSELF

 

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

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

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

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

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

IS A THEFT CASE WORTH RISKING YOUR LIFE?

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.

NEEDLESS HOUSTON HARRIS COUNTY, TEXAS PROSTITUTION CASES

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.

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

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

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

BOY ASSAULTS MOTHER WITH HAMMER

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

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

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

DO YOU HAVE YOUR LAWYER’S CELLPHONE NUMBER?

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.

I WANT A COPY OF MY OFFENSE REPORT

<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>
<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>
<p><strong>§ COURT OF LAW NO. ____ </strong></p>
<p><strong>Vs.</strong></p>
<p><strong>JOE SMITH § HARRIS COUNTY, TEXAS</strong></p>
<p align=”center”><strong>CONFIDENTIALITY AGREEMENT</strong></p>
<p>TO THE HONORABLE JUDGE OF SAID COURT:</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>
<ul>
<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>
</ul>
<p align=”center”>___________________________________</p>
<p>Counsel for Defendant</p>
<p>__________________________________</p>
<p>Date</p>
<p>Respectfully submitted,</p>
<p>__________________________________</p>
<p>Assistant District Attorney,</p>
<p>Harris County, Texas</p></span>

2 ALABAMA MEN ARRESTED FOR FEDERAL TERRORISM CHARGES

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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.
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<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.
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</p>
<p class=”MsoNormal”>
Official reports state that this is not Abukhdair’s first time being
involved with terrorist activities. He was arrested in 2010 while staying
in Egypt for what was believed to be terrorist involvement. Their officials
held him there for two months before allowing him to return to the U.S.
More recently, according to the FBI, a friend of Wilson and Hammami became
an informant for the investigators, feeding them useful information about the two.
<o:p></o:p>
</p>
<p class=”MsoNormal”>According to USA Today, the charges against the two men who are currently
in custody are for “conspiracy to provide support to terrorists
with plans to kill people outside the U.S.” Abukhdair is also facing
charges for fraudulently obtaining a new passport in attempt to cover
his history with Egypt. Those who are accused of criminal charges, whether
federal or smaller, deserve a chance to fight for their freedom.</p>
<p class=”MsoNormal”>
<strong>If you or someone you know has been accused of a crime, big or small, contact the
<a href=”/Why_Hire_a_Former_Prosecutor_.aspx”>Martinez Law Firm</a> today for more information!</strong>
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</p></span>

DISCOVERY ORDER FOR HARRIS COUNTY, TEXAS COUNTY CRIMINAL AT LAW #8

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.