Criminal Defense · Houston & Harris County

Criminal Defense Lawyer
Houston, Texas

Former Chief Prosecutor. Now your most powerful defense.

A criminal charge in Houston threatens your freedom, career, family, and future. Herman Martinez has spent 30+ years in Harris County courts — first as a prosecutor who built cases against defendants, then as a defense attorney who dismantles those same cases. That dual perspective is your strategic advantage.

Former Chief Prosecutor — Harris County DA's Office
Board Certified in Criminal Law — Texas Board of Legal Specialization
State & Federal Courts — All levels of criminal defense
Herman Martinez — Houston Criminal Defense Attorney
Herman Martinez
Former Chief Prosecutor · Board Certified
30+Years
Experience
10.0Avvo
Rating
2Board
Certifications

What Criminal Defense Cases Does Herman Martinez Handle in Houston?

Criminal defense in Texas covers all charges brought under the Texas Penal Code, from Class C misdemeanors (punishable by fine only) through capital felonies (punishable by death or life imprisonment). Herman Martinez defends all charge levels — misdemeanor through serious felony — in state and federal courts across Harris County and surrounding counties. Every case receives Herman's direct attention; no handoffs to associates. Anyone facing charges needs a criminal defense lawyer Houston can trust to evaluate every charge level before any strategy is set.

Assault & Battery

Simple assault, aggravated assault, assault causing bodily injury. Jury trials and pre-trial dismissals.

Assault Defense

Domestic Violence

Assault of a family member, protective order violations. Protecting your freedom and your family.

Domestic Violence Defense

Drug Crimes

Possession, distribution, trafficking across all penalty groups. Suppression motions and trial defense.

Drug Crime Defense

Sex Crimes

Sexual assault, indecency with a child, aggravated charges. Aggressive defense to protect your reputation and freedom.

Sex Crime Defense

Violent Crimes

Murder, manslaughter, robbery, kidnapping. Maximum-stakes defense from the most experienced advocate in the room.

Violent Crime Defense

Federal Crimes

Federal drug charges, wire fraud, money laundering, weapons offenses. Federal courts require specialized strategy.

Federal Defense

Theft Crime

Shoplifting, robbery, burglary, fraud, embezzlement — misdemeanor to felony levels.

Theft Defense

Probation Violations

Motion to revoke probation, bond revocation hearings. Protecting your freedom when you're already in the system.

Probation Violation Defense

Clearing Your Record

Expunctions, orders of non-disclosure, petition for non-disclosure — removing the arrest from your past.

Clearing Your Record

How Does a Former Prosecutor Approach Criminal Defense?

Every case begins with an exhaustive review of the facts, evidence, and police conduct. Herman looks for constitutional violations, procedural errors, credibility issues with witnesses, and factual defenses that can be built into a trial strategy. As a former Chief Prosecutor who built DWI and criminal cases for Harris County, he approaches each case knowing exactly how the state builds its argument — and where it can fall apart. This dual-side perspective is why so many families searching for a criminal defense lawyer Houston choose Herman Martinez by name.

1

Independent Investigation

Don't rely only on what the prosecution has gathered. Herman investigates independently — interviewing witnesses, reviewing video, scrutinizing police reports for inconsistencies.

2

Challenge the Evidence

File suppression motions when rights were violated. Challenge the chain of custody. Attack the credibility of the State's evidence before it ever reaches a jury.

3

Strategic Negotiation

As a former prosecutor, Herman knows when and how to negotiate effectively. Many cases are resolved favorably before trial through well-timed negotiation based on evidentiary weaknesses.

4

Courtroom Trial Advocacy

When trial is the right path, Herman brings 30+ years of courtroom experience. His cross-examination skills — honed first as a prosecutor — are especially effective at dismantling the State's witnesses. A criminal defense lawyer Houston clients hire for trial brings this same courtroom-tested skill set to every case that goes before a jury.

State and Federal Cases — Complete Criminal Defense

Herman Martinez represents clients in all criminal matters across State and Federal courts in the Houston area. From a first misdemeanor to a serious federal felony, his prosecutorial experience and board certifications make him one of Houston's most complete criminal defense attorneys. A criminal defense lawyer Houston depends on for both state and federal exposure evaluates every charging option before advising on strategy. Learn why former prosecutor experience matters →

How Much Does a Criminal Defense Lawyer in Houston Cost?

Criminal defense fees in Harris County vary by charge level, case complexity, and whether the case is likely to resolve short of trial or require a full jury trial. Most private criminal defense lawyers in Houston charge a flat fee for the pretrial phase of a case rather than billing hourly, because hourly billing on a criminal matter creates an incentive misaligned with the client's interest in a fast, favorable resolution. A misdemeanor flat fee for a case that resolves through negotiation or dismissal typically runs lower than a felony flat fee, and cases that proceed to a jury trial carry an additional trial fee reflecting the substantial preparation time — witness interviews, motion practice, jury selection strategy, and courtroom days — that trial requires. A criminal defense lawyer Houston clients hire should explain the fee structure clearly at the first consultation, including what triggers any additional trial fee, before any retainer is signed. Herman Martinez offers a free initial case evaluation so prospective clients understand both the charges they face and the realistic cost of defending them before committing to representation. Cost should never be the reason someone accepts a plea they don't believe is fair — Herman structures fee arrangements so that clients facing serious charges are not forced to choose between adequate defense and what they can afford. Payment plans are available for qualifying cases, and the free case evaluation includes a candid discussion of realistic total cost based on the specific charge, the strength of the evidence, and whether early resolution or trial is the more likely path forward.

For DWI charges specifically — Texas's most common criminal arrest category — see the dedicated DWI defense overview covering the 15-day ALR deadline, breath test challenges, and field sobriety defenses. For results from prior cases across both DWI and criminal defense, see the case results page. After a charge is resolved, see the record clearing page for expunction and non-disclosure options.

Frequently Asked Questions

Yes — absolutely. The pre-charge period is actually the most critical time to have an attorney. What you say (or don't say) to police in this window can determine whether charges are filed at all, and what those charges look like. Herman Martinez can intervene before charges are filed and sometimes prevent prosecution entirely. Reaching a criminal defense lawyer Houston residents trust during this pre-charge window is one of the highest-leverage moments in the entire case.

Yes. Charges can be dismissed before trial through successful suppression motions (if evidence is excluded, the case often collapses), prosecutorial discretion when evidence is weak, pre-trial diversion programs, or negotiated plea to a lesser charge. Herman evaluates all pathways from the first consultation. See actual dismissal results →

You are entitled to know the charges filed against you. Your attorney will review the charging documents (indictment, information, or complaint) and explain exactly what you're facing, what each element the prosecution must prove, and what the realistic range of outcomes is. Call (713) 242-1779 for a free, honest assessment.

Misdemeanors are punishable by up to 1 year in county jail and fines up to $4,000. Felonies carry state prison sentences ranging from 180 days (state jail felony) to life. Beyond incarceration, felonies result in the loss of voting rights, firearm rights, eligibility for many professional licenses, and often federal housing assistance. The distinction between misdemeanor and felony can sometimes be contested through defense — challenging the facts or evidence that determine charge classification. A criminal defense lawyer Houston clients trust evaluates this classification on every case before advising on a plea.

Neither a plea nor trial is automatically the better choice — the right decision hinges on the specific plea offered, the strength of the state's evidence, the realistic trial outcome, and your personal circumstances. Herman never pressures clients toward a plea or toward trial — he presents both options honestly and advocates for the decision you make. Many cases that appear plea-bound have real trial defenses that produce better outcomes.

Legally, yes — but almost never advisably. Prosecutors are trained attorneys with significant courtroom experience. Evidence rules, procedural requirements, and plea negotiation all require expertise that self-representation cannot adequately substitute. Even attorneys facing criminal charges hire other attorneys to defend them. The stakes — your freedom, your record, your career — are too high to approach without experienced counsel.

A criminal conviction can trigger deportation, denial of naturalization, visa revocation, and inadmissibility for non-citizens — even lawful permanent residents. Certain offense categories (crimes involving moral turpitude, aggravated felonies, drug offenses, domestic violence) are particularly severe under immigration law. Herman advises non-citizen clients on the immigration consequences of every potential resolution before any decision is made. A criminal defense lawyer Houston relies on for immigration-sensitive cases coordinates this review before any plea is accepted.

Missing a court date results in a warrant being issued for your arrest (a "capias" or "bench warrant") and forfeiture of your bond. The warrant stays active until you are arrested or voluntarily surrender. Herman handles warrant resolution — contacting the court to get new dates scheduled, surrendering clients in a controlled manner to avoid a surprise arrest, and seeking bond reinstatement at a hearing.

Timeline varies significantly by charge level. Misdemeanor cases often resolve in 3–9 months. Felony cases — which require grand jury indictment — can take 6 months to 2+ years from arrest to final disposition. Cases that go to trial take longer. During this entire period, Herman actively works the case — filing motions, reviewing evidence, negotiating with prosecutors, and preparing your defense. A criminal defense lawyer Houston clients trust stays engaged with the case at every stage rather than waiting for a court date to take action.

Yes. Herman handles criminal defense cases throughout Harris County and the surrounding counties including Fort Bend, Brazoria, Galveston, Montgomery, and Liberty counties. He also handles federal cases in the U.S. District Court for the Southern District of Texas, which covers a broad geographic area including Houston, Galveston, and Corpus Christi. This regional reach is why clients throughout the greater Houston area search specifically for a criminal defense lawyer Houston courts and prosecutors already recognize by name.

Proven Results

Real Outcomes for Real Clients

"
"I'm very happy to have you represent me as you've exceeded my expectations."
"
"I whole-heartedly recommend him for anyone requiring legal help, no matter the charges."
"
"It's been a hard year, but it is getting better with Mr. Martinez!"

Charged With a Crime in Houston?
Call the Former Prosecutor.

Free consultation. Dual board certified. 30+ years in Harris County courts. Available 24/7.

Se habla español — Bilingual defense available across Harris County

Call Now Free Consultation