Houston DWI Lawyer | DWI Defense in Houston, TX

 “The new synthetic drugs that have been flooding the market have been a growing cause for concern for employers. To get around testing positive for marijuana, many employees have turned to synthetic marijuana due to the inability of companies to test for the presence of it in a urine sample—until now. An ABC News article released last week revealed that employers will now be able to determine if employees are using synthetic marijuana products like Spice,” –Houston Chronicle, 5/29/2013.

If I have learned anything in years of practice in this field, it is that when enhanced testing techniques enable detection of a wider range of illegal substances, new cases will follow quickly on their heels.

When these substances first hit the market, they were entirely legal. They were openly available at gas stations, tobacco shops, and convenience stores. Unless they’have kept on top of recent changes in federal and state laws, some unfortunate citizens will surely be in for a very unpleasant surprise.

Just two years ago, the Texas Controlled Substances Act ensured that Texans convicted of using the chemicals in synthetic marijuana would face severe penalties including prison time. Last year, the Synthetic Drug Abuse Prevention Act of 2012 rendered mere possession a federal offense.  

Ignorantia legis neminem excusat – Ignorance of the law excuses no one.

It may be true that a client’s ignorance of the latest laws governing the use of synthetic marijuana will not excuse him or her from potential conviction, but it is also true that a “positive” test for these substances does not guarantee that conviction.

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 While drunk driving arrests are usually recorded on camera, most of the time nobody is particularly interested in seeing the video footage. When you’re a celebrity, things are a little different--especially if you happen to be wearing your birthday suit at the time of your arrest. Just ask country music star Randy Travis, who was found naked on the side of a North Texas road and arrested for driving while intoxicated after he wrecked his Trans Am last August.

I'm not sure that everyone is necessarily clamoring to see footage of a drunk, naked Randy Travis. But people do seem to have a strange fascination with the ordeals of the rich and famous, and the media knows it.

As this article explains, originally the presiding judge in the case granted the defense’s request to block release of the video to the public. The judge even issued a ruling ordering that it be destroyed. However, media groups have requested the patrol car video along with other information about the arrest, and the attorney general’s office has ruled that some of this information should be released under the public information act and that the judge didn't have discretion to withhold the video.

Now Travis has taken matters into his own hands, filing a lawsuit against the Texas Department of Public Safety and the Texas attorney general’s office in an attempt to prevent the video’s release. Travis is asking for $100,000 and a declaratory judgment that no information requested about his arrest will be released.

Travis pleaded guilty in January to driving while intoxicated and was sentenced to two years' probation, a $2,000 fine and a 180-day suspended jail sentence. He was also ordered to spend at least 30 days at an alcohol treatment facility, complete 100 hours of community service and use an ignition interlock device (IID) during his probation.

There are many lessons here. The first and most obvious is that you should never drink and drive while intoxicated. You should definitely not drive drunk if you’re famous. If you’re rich, maybe think about paying someone to drive you around. And finally, always wear clothes--you never know when you’ll end up on camera.

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You have the absolute right to represent yourself, but I would not recommend serving as your own attorney.  If you have been arrested and charged with a theft crime, you are probably worrying about how this will affect your life. The punishments you may receive can be harsh and it is vital that you are adequately represented and that your rights are protected. Hiring a Houston Theft Lawyer who is experienced in this type of representation is essential to achieving the best possible disposition of your case.

Theft is a broad term encompassing many different types of crimes. Some may involve theft of property, such as shoplifting or robbery. Identity theft, Welfare fraud and insurance fraud are also crimes that are considered to be thefts. Some may be classified as misdemeanors, but depending on the value of the stolen property, if over $1500 you could be charged with a felony.

Your immediate concerns may be about the possibility of a jail sentence, but there are other consequences that could adversely affect your life and your reputation. A conviction for some types of theft may be an obstacle to future employment opportunities, as well as the ability to rent a home, for instance. 

I have experience with theft crimes from both sides of the law. As a former prosecutor, I am comfortable in a courtroom, in front of a jury. As your defense attorney, I will examine every aspect of your case to make sure your rights are protected throughout every phase.

Being charged with a crime can be a frightening time. The consequences for even a first-time offense can have far-reaching effects on your future.  Do not take hiring a lawyer lightly! If you would like to speak to an attorney please call 713-242-1779.

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I wanted to make sure that everyone knew that after practicing law in the Williams Tower for Seven years I have moved my office to the River Oaks Tower.  Hopefully, my clients will find this new building much easier to reach since traffic on Kirby Drive is typically not as bad as the traffic around the Galleria, Westheimer. As always, parking for my clients is free.

So far, clients seem to be liking the new location, and the office itself.  I hope so because I am trying to give it more of a home feel as oppossed to a stuffy office.

If you would like to contact me please call 713-242-1779 or email me at hmartinez@mmalaw.com.

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It is not often as a criminal defense lawyer that I get to use a State's witness against them.  There are many highs and lows during a trial, but it is always uplifting as an attorney when you know that you are in control of a prosecutor's witness.  It is most common in assault family violence trials where the complaining witness wants the charges dropped against your client, but the State presses on to trial despite their request. Recently, I was in trial for a theft/shoplifing case where I could not believe that the prosecutor was putting on a witness  that I knew would say exactly what I wanted her to say, to the benefit of my client.  I am not sure if the prosecutor failed to speak to her beforehand, she only told him what he wanted to hear, or was not aware how easlily influenced she would be by an experienced trial attorney.  Nevertheless, it felt so good to have her admit that my client had not assisted in the theft despite driving her to the store. I was pleased when the jury returned a quick "not guilty' verdict.

If you find yourself needing to talk to a lawyer please do not hesitate to contact me at 713-242-1779.

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According to the Innocence Project, a national litigation and public policy organization dedicated to exonerating wrongfully convicted individuals,  eyewitness misidentifications have contributed to the wrongful conviction of 72% of the 289 people exonerated (as of January 2012) through post- conviction DNA testing in the United States. That is an absolutely alarming statistic.

Most criminal prosecutions do not play out like an episode of CSI. While scientific evidence is used in criminal prosecutions, the overwhelming number of cases is prosecuted using eyewitness testimony. For example in an aggravated robbery  case often times the only evidence presented is the testimony of the victim. If that evidence is not accurate the strong possibility exists that innocent people can and have been wrongfully convicted and sent to prison.

Fortunately there is a movement to reform eyewitness identification procedures. In Texas, last year the State Legislature enacted legislation codified in Texas Code of Criminal Procedure Article 38.20 to require all Texas law enforcement agencies to adopt written eyewitness-identification policies based on the best practices proven effective by scientific research on eyewitness memory.

It is imperative that defense attorneys cross examine law enforcement and witnesses on the procedures used in photo arrays and lineups to ensure that the jury is aware if there is a possibility of a misidentification.

If you or someone you know is need of a Houston Criminal Defense Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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While on vacation in Banff, Canada I spoke to a local lawyer that enlightened me about their travel restrictions with a criminal record.  I have previously stated that a DWI conviction may preclude someone from traveling to Canada.  Nevertheless, all hope is not lost.

 Since the Goverments of the United States and Canada continually share information to improve their borders entry with a criminal conviction may be difficult. They have more information than ever on a person visting Canada. This may cause individuals with a criminal record to be denied entry, this is called criminal inadmissibility.   In most cases, individuals who have been convicted of an offense will require special documentation permitting them to enter Canada.

What is Criminal Inadmissibility?

Individuals, who have been convicted of an offense outside Canada that is equivalent to a Canadian Federal Offence, may be inadmissible to Canada. In order to make this determination, the Canadian equivalent must be examined along with its maximum sentence.

If an equivalent can be established is whether the conviction constitutes a summary or indictable offence. Most Federal offences are hybrid offences, which will render a person inadmissible to Canada. Having been convicted of one summary offence will not make an individual inadmissible. 

Individuals with one indictable offense on record (for example a DWI) are criminally inadmissible to Canada. They can overcome this in 1 to 2 ways:

·         Deemed Rehabilitated by the passage of time: More than 10 years have passed from the completion of all probationary periods and retirement of fines.

·         Criminal Rehabilitation Application: Individuals are eligible to apply for criminal rehabilitation after 5 years have passed from the completion of all probationary periods and retirement of fines.

Either one of these possibilities ensures that prior convictions are no longer grounds for refusal of entry to Canada. The expungement of a conviction also renders prior offenses obsolete

If the proscribed time period before eligibility for Criminal Rehabilitation has not yet elapsed, individuals may wish to apply for a Temporary Resident Permit, depending on the gravity of the offense, the amount of time that has passed, and the reason for their need to enter Canada. These permits may be issued for 1 day- 3 years, or may be refused entirely. It is completely within the discretion of the individual immigration officer assessing the application.

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Sexual Offender Registration laws in Texas has been enforced for the last twenty years. The first sex offender registration laws in Texas went into effect on September 1, 1991. The laws have bee amended every legislation since that time.

The key to registration is whether a the person has a "reportable conviction or adjudication." If they do, they must register as a sex offender or face a new felony offense for failure to register as a sex offender.

Prior to September 1, 1997, the sex offender registration laws were prospective in application. A person convicted of or adjudicated for a sex offense before the law required registration for the offense did not have to register. On September 1, 1997, the registration requirement was made retroactively applicable to any person whose "reportable conviction or adjudication" occurred on or after September 1, 1970 if the person was still in the Texas criminal justice system for that offense on or after September 1, 1997.

Texas Code of Criminal Procedure Article 62.001(5) is the controlling statute and defines "reportable conviction or adjudication" as follows:

(5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) a violation of Section 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;

(C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;

(D) a violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:

(i) the judgment in the case contains an affirmative finding under Article 42.015; or

(ii) the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age.

(F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), or (E);

(H) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), but not if the violation results in a deferred adjudication;

(I) the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication.

Again, if a sex offender fails to follow the rules of registration, they will be charged with a felony.

If you or someone you know is in need of a Sexual Assault Attorney in Houston call Houston Sexual Assault Lawyer Mario Madrid at 713-877-9400.

Si usted necisita ayuda con un abogado en Houston llame a mi oficia 713-877-9400.

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I have come to the conclusion that trying to continually updating three criminal law related blogs, tweeting regularly all the while maintaining a thriving law practice is unmanageable.  Unlike other lawyers and law firms that I know I write every blog entry myself.  While I have neglected this blog over the past year I have tried to regularly write on my blog that is linked to my Houston Criminal Defense website, www.mmalaw.com.  With this blog I cover the same type of issues that I covered here like sexual assault, bond issues, and theft.  Additionally, I discuss DWI issues exclusively on my Houston DwI Lawyersite, www.dwiattorneysinhouston.com.  Thus, I do not see the reason to post duplicitous information on this site.

Nevertheless, since there is so much information that I have created over the years on this site I will stay active for the foreseable future.

If you would like to contact me please call me at (713) 242-1779. 

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