How Can I Get My Case Dismissed If I’m Guilty?

The Martinez Law Firm, led by Houston attorney Herman Martinez — a board-certified DWI defense attorney specialist and former Harris County Chief Prosecutor — has defended thousands of clients across Texas.

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, and could never get their case dismissed. 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 downside of 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 DWI expunction, 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.

About the author

Herman Martinez

April 4, 2012

Last Update April 4, 2012

Attorney Herman Martinez is a former Chief Prosecutor and judge in Harris County with over 25 years of experiencing helping people clear their names in criminal cases.