When Should You Hire a Criminal Defense Lawyer?
Immediately — before you say anything to police. The single most common mistake people make after an arrest is talking to law enforcement without an attorney. Everything you say can and will be used against you. The moment you are arrested, detained, or even asked to come in for "a few questions," you have the right to remain silent and to have an attorney present. Exercise it.
Important: You do not have to be formally charged to need a lawyer. If you know you are under investigation, contact a criminal defense attorney before you are arrested — not after.
What to Look for in a Criminal Defense Attorney
Six criteria separate effective criminal defense attorneys from inadequate ones: board certification in criminal law (held by fewer than 2% of Texas attorneys), criminal law focus rather than general practice, proven jury trial experience, specific knowledge of the court where your case is pending, former prosecutorial background, and consistent client communication. A criminal defense lawyer Houston clients choose well should meet every one of these six criteria, not just one or two.
Texas Board of Legal Specialization certifies lawyers in Criminal Law. Fewer than 2% of Texas attorneys hold this designation. It requires peer review, written examination, and demonstrated experience. Herman is board-certified.
Avoid general practice lawyers who handle criminal cases occasionally alongside divorces and car accidents. Criminal defense is its own discipline — choose someone whose entire practice is devoted to it.
Many lawyers settle every case. Find out how many jury trials your lawyer has actually taken to verdict — in cases like yours. Trial experience changes how prosecutors negotiate.
Harris County has its own judges, prosecutors, and practices. A lawyer who regularly practices in the specific court where your case is pending has significant advantages over someone unfamiliar with the local landscape.
Lawyers who previously worked as prosecutors understand how the state builds cases — and where those cases are weak. Herman spent years prosecuting before switching to defense.
Your lawyer should be accessible, explain your options clearly, and keep you informed. If a lawyer cannot answer your calls during the consultation phase, that is a sign of what representation will look like.
Questions to Ask at Your Consultation
Seven questions reveal whether a criminal defense attorney has the experience, commitment, and strategy your case requires. Ask all of them before making any hiring decision. A criminal defense lawyer Houston clients can trust will answer every one of these seven questions directly, without hedging.
- Are you board-certified in criminal law by the Texas Board of Legal Specialization?
- How many jury trials have you taken to verdict in the past three years?
- Have you handled cases in the specific court where my case is pending?
- Who will actually handle my case — you personally, or an associate or paralegal?
- What are the realistic outcomes in a case like mine, and what is your strategy?
- How do you communicate with clients — what is your typical response time?
- What does your fee include, and are there additional costs I should expect?
Why Should You Choose Herman Martinez as Your Houston Criminal Defense Attorney?
Herman Martinez holds board certification in Criminal Law from the Texas Board of Legal Specialization — a credential requiring peer review, a written examination, and demonstrated trial experience, held by fewer than 2% of Texas attorneys. He served as Harris County Chief Prosecutor before dedicating his practice exclusively to criminal defense. Every case is handled personally, not through associates, across all Harris County courts from misdemeanor to major felony. These are exactly the credentials to look for in any criminal defense lawyer Houston clients are considering hiring.
For DWI specifically — the most common charge in Harris County criminal courts — see the DWI defense overview for what a specialized DWI attorney does differently from a general criminal defense lawyer. For all other criminal charges, the criminal defense overview covers the full range of cases Herman handles throughout Harris County. A criminal defense lawyer Houston chooses for a DWI case should differ from a general practice attorney, given how specialized DWI defense has become.
What Red Flags Should Make You Walk Away From a Criminal Defense Lawyer?
A handful of warning signs consistently separate attorneys worth hiring from those to avoid. Be cautious of any lawyer who guarantees a specific outcome — dismissal, acquittal, or a particular sentence — before ever reviewing the police report, the evidence, or the charging documents; no ethical attorney can honestly promise a result at the intake stage. Be equally cautious of firms where an associate or paralegal, not the attorney you met, ends up handling the substance of your case, or where the person answering your calls cannot tell you who your actual attorney will be in court. Pressure to accept a quick plea deal without a real conversation about the strength of the state's evidence is another red flag, since a rushed plea often serves the attorney's caseload more than the client's interests. Vague answers about fees, unclear scope of representation, and an unwillingness to discuss realistic trial experience in courts like the one your case is assigned to should all prompt a second opinion. A criminal defense lawyer Houston clients trust will be direct about uncertainty rather than making promises the case itself cannot yet support.
Hiring a Criminal Defense Lawyer Questions
Public defenders are often skilled, dedicated lawyers — but they carry enormous caseloads that limit the time and resources they can devote to any single case. A private criminal defense attorney has the capacity to investigate thoroughly, hire expert witnesses, file targeted motions, and give your case the attention it needs. A criminal defense lawyer Houston clients hire privately can devote resources a public defender's caseload simply does not allow. If the stakes are high — and a criminal charge almost always means high stakes — a private attorney with the right credentials is worth the investment.
Misdemeanor criminal defense representation in Houston typically ranges from $2,500 to $10,000. Serious felony defense — particularly cases requiring trial — ranges from $10,000 to $50,000 or more depending on complexity and the number of hearings required. Herman provides transparent flat-fee pricing at the consultation so the total cost is known before any work begins. A criminal defense lawyer Houston charges according to case complexity, and transparent flat-fee pricing avoids surprises later.
Board certification in Criminal Law by the Texas Board of Legal Specialization (TBLS) is the highest credential a Texas criminal defense attorney can hold. It requires: at least 5 years of substantial criminal law practice, completion of a minimum number of trials and hearings, peer review evaluations from judges and fellow attorneys, and passing a written certification examination. Fewer than 2% of Texas licensed attorneys hold board certification in any specialty. Herman Martinez is board-certified in Criminal Law. A criminal defense lawyer Houston with this credential has proven trial experience most attorneys simply don't have.
A retainer is a deposit drawn down as work is performed — you receive an accounting and may receive a refund if less work is done than anticipated, or be billed more if the case becomes more complex. A flat fee covers specified services for a fixed price regardless of hours. For criminal defense, most attorneys charge flat fees scoped to defined phases (e.g., "through trial" or "through plea resolution"). Herman discusses fee structure clearly at the initial consultation so there are no surprises. A criminal defense lawyer Houston clients hire should explain this fee structure clearly before any retainer is signed.
Ask direct questions: Have you handled cases like mine in this court before? How many have gone to trial, and what were the outcomes? Who will actually work on my case? Can you explain the realistic options for my specific situation right now? A lawyer who gives you honest, specific answers — including acknowledging weaknesses in your position — is more trustworthy than one who promises outcomes before reviewing the evidence. The consultation is a two-way evaluation.
Yes — substantially. Prosecutors and defense attorneys see cases from entirely different vantage points. A former prosecutor who switched to defense knows exactly how the state evaluates cases for trial worthiness, which evidence they consider critical, and where cases typically fall apart under cross-examination. Herman spent years building cases for prosecution before applying that knowledge exclusively to defense. That inside understanding is not something that can be learned from a textbook.
Herman is available 24 hours a day for urgent calls — particularly in the first hours after an arrest when time-sensitive decisions must be made. For less urgent consultations, he schedules appointments during business hours. Criminal emergencies do not follow business hours, and Herman's availability reflects that. After being retained, clients have direct access to Herman rather than being routed through assistants or intake staff.
Bring any paperwork you received at or after the arrest — the citation, release paperwork, temporary driving permit (DIC-25) if DWI, bond conditions paperwork, and any court notices. Write down your recollection of events before the consultation while your memory is fresh. Bring contact information for any witnesses. If you received a warrant or subpoena, bring that as well. The more information available at the first consultation, the more specific the advice Herman can provide about your specific situation and options.
Yes — everything you discuss with Herman at the consultation is protected by attorney-client privilege from the moment you begin speaking, even if you do not ultimately hire him. You can speak candidly about what happened without fear that the information will be shared with prosecutors or law enforcement. The privilege exists to encourage complete candor between clients and their lawyers, and it applies to the initial consultation as fully as to ongoing representation.
A court-appointed attorney — a public defender or assigned private counsel — is constitutionally guaranteed when you cannot afford private representation. Herman encourages every defendant to attend a free initial consultation before concluding private representation is unaffordable — many clients find fees more manageable than expected, and Herman discusses payment arrangements directly. The consultation is free with no obligation. A criminal defense lawyer Houston offers a free consultation specifically so cost never prevents someone from getting real advice.