Houston Criminal Law Journal DUI, DWI Lawyer & Attorney : Madrid, Martinez & Associates

Since we have been criminal defense attorneys in Houston for over twelve years we have represented clients in just about every profession.  Routinely, we inform people that are in the airline industry that a pending criminal charge may prevent them from entering certain countries.  If you have a trip planned to a foreign country please check if you will be allowed entry with a pending criminal charge.

Also, a lot of courts in Houston will restrict your travel outside of  Harris County while on bond even for a simple DWI charge.  If you need any help with your criminal case please contact our law firm at (713) 225-1038.

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As a Houston DW Attorney people regularly call me or reach this blog trying to get a motion for non disclosure for their DWI.  I hope by stating this very clearly these type of inquiries will be reduced.   A DWI probation Does Not qualify for a motion for non disclosure.  The only way to "clear your record" regarding a DWI is if the case was dismissed or you were found not guilty by a jury.  The proper vehicle to get the DWI off your criminal history when your case is dismissed is by filing a expungement two years after your arrest in the County Civil District Court where your arrest occurred.

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During Pat Lykos' campaign and when she took office she mentioned that the Harris County District Attorney's Office will be more receptive to granting pre-trial diversions.  I was extremely encouraged by this commitment by the new District Attorney.   A pre-trial diversion is a dismissal in waiting.  In other words, the State agrees to enter into a contract with a defendant agreeing to dismiss their case if specific contractual obligations are fulfilled by the defendant.  Typically, it is similar to community supervision, but there is no plea before a judge.  Once the defendant finishes the agreed upon terms the case is dismissed.  Thus, the defendant becomes eligible for an expungement after the statute of limitations has run its course.

As a criminal defense attorney in Houston most of my clients would jump at the chance to obtain a pre-trial diversion.  Nevertheless, in the past the District's Attorney's Office has been extremely rigid when entering into these contracts.  In fact, I would say that less than one percent of cases filed are given a pre-trial diversion.  Recently, I have witnessed that prosecutors are becoming more receptive to my requests for pre-trial diversion.  In fact, I just had one granted this week.  Hopefully, the trend continues. 

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I find it curious that Mothers Against Drunk Drivers (MADD) is mainly made up of men.  For instance, the CEO, and the Chairman of the Board of Directors, are both men.  In fact, half of the directors are men.  The National President of MADD is a man.  What gives?  I am sure they would consider changing the organizations name if it was not so recognizable.

They claim that their fight is against drunk driving (DWI), but a closer look would reveal that the current motive for their organization is increasing shareholder value for the companies these men assist. 

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That is correct some states like Iowa and Minnesota make a separate crime to refuse the breath test even if you are later found innocent of a DWI.  Hopefully, we will never see the day that Texas makes refusing a breath test a crime.

If you need to talk with an attorney regarding your DWI case please contact our law firm (713) 225-1038 for a free consultation.

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It is not widely known in Texas that April 20th is celebrated as a holiday for marijuana users across the country.  In fact, High Times magazine holds its annual beauty pageant on this day.  Typically, you will find Ethan Hawke, James Franco, and Keith Richards attending the party.  Of course, Snoop Dog never misses the event.

I wonder what will happen to this event once marijuana becomes legal across the country?

If you need assistance with a marijuana case in Houston, Harris County, Texas please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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As a Houston DWI Lawyer I like to inform my clients of what to expect in a DWI case.  I tell my client's that they need to be careful what they wish for in a criminal court case.  For example, a lot of people want to avoid having the interlock installed in their vehicle by telling the court that they do not have a car.   Typically, the court does not just take your word.  The court asks our client if there is any vehicle in their home that they have access to use.  Also, the court makes the person sign an affidavit stating they will not be driving any vehicle while they are on bond for their DWI case.  The consequences of being caught driving under this scenario is severe.  You could be arrested for driving while your license is suspended.  If this is the case the Judge may revoke your bond, and the Judge may also refrain from granting you an occupational license in the future.  Lastly, many courts will order our client to get the scram device installed if they claim that they do not have a vehicle to drive.  Most people say "no problem" until they realize that it will cost them $12 a day or $400 a month to have this device.  This is a significant amount considering that a DWI case may take from two to six months to complete.

If you have any question concerning your DWI case please visit our website at www.dwiattorneysinhouston.com or call us right now for a free consultation (713) 225-1038,

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As a part of our representation it is imperative that we present our clients in the best possible light to Prosecutors, Judges and Juries. We routinely counsel our clients on what to wear to court and to trial. If we don't feel our clients have trial worthy clothes, we dress them ourselves. We keep a number suits, ties and shoes that we feel make our clients presentable to a jury. Anyone accused of a crime is going to be judged by their appearance and as the saying goes, "You never get a second chance to make a first impression."

A couple of months ago I represented a young man charged with Aggravated Robbery. He was accused with three other men with of a home invasion, where it was alleged they held a family at gunpoint as they ransacked their house looking for cash. One of the co-defendant's was tried separately because his criminal history would have prejudiced the other defendants. In my preparation as a Houston Criminal Defense Attorney, I attended and observed the co-defendant's trial. We will call him Bob.

Bob was arrested around  the crime scene in victim's next door neighbor's yard within seconds of the alleged aggravated robbery. The police had been called while the perpetrators were in the house and as the police arrived, they fled. When Bob was detained he was wearing a blue floral Hawaiian-like shirt. The victims were able to identify him by his skin, height and his distinctive shirt.

So surprise to me, the prosecution, police witnesses and the victims, Bob wore the same shirt to trial that he was arrested in, fleeing from the scene, seconds after the home invasion, Apparently this was not a surprise to his attorney because at closing arguments he argued that he purposely had his client wear this shirt to show the corruption of the police. I don't know what this meant other than it explained his trial strategy and let the State off the hook for an ineffective assistance appellate argument regarding this issue.

Anyway, terrible terrible strategy. No one was surprised when the jury came back five minutes later with a guilty and later took another five minutes to give Bob life in prison. You never get a second chance to make first impression.

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Would you smoke marijuana if it was legal?  As a Houston Criminal Attorney I definitely see that the pendulum has swung toward decriminalizing or legalizing marijuana in the United States.  NPR goes one step further and explores how the United States would look with marijuana being legal.  Most interestingly, the NPR poll  results are 91% in favor of making this happen.

Whether you are charged in Houston, Clear Lake, or Sugarland our law firm can help you.  If you would like to speak to a lawyer contact us at (713) 225-1038.

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As a Houston Criminal Defense Attorney I always enjoy seeing our website and blog appearing on the first page of the Google organic results page.  Lately, I have been exploring how Google determines what businesses appear in their local results.  Google clearly states that they do not have a formula to be included in these results.  While this may be true now I am confident in the near future someone will devise a plan how to be included in these results.  Otherwise, I see Google starting to charge a business to be included in this section similar to their pay per click marketing.

Since we are in the heart of the Galleria in Houston, Texas we are able to serve clients in Houston, Missouri City, and Sugarland, Texas.  If you are seeking the advice of a criminal attorney please call our law firm for a free consultation regarding your criminal case (713) 225-1038.

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As a Houston Criminal Lawyer I have family members regularly contacting me wanting to know when their loved one will be released from the Texas State Jail.  Please remember that when someone is sentenced under the State Jail Felony provision of the Texas criminal code they are not eligible to be released early as a parole.  The range of punishment for a State Jail Felony is from 180 days to two years in the state jail and an optional fine up to $10,000.

If you need help with your criminal case please call our law firm at (713) 225-1038 or visit our website.

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Our Houston Criminal Defense Law Firm is frequently very successful when filing a Motion for Non Disclosures for clients that qualify, however sometimes people assume that they can take care of this themselves, and ultimately are unsuccessful.  We often advise them, after they seek our services that they were not prepared for court in the first place. Like most things in life preparation is a key to success.

Typically, we know the requirements for each court and we discuss them with our clients before the filing of the motion.  For example, if our client received a deferred adjudication for a drug case  we will inform them of the possibility that they will have to submit to a drug test before the court grants the motion.  Also, Judge Michael Fields always asks the person if they committed the offense before he grants the motion for non disclosure.  I am always disappointed and certainly caught off guard when someone is denied clearing their record because they could not pass a drug test or say that they are not guilty for something that they previously admitted their guilt.

If you need help with your motion for non disclosure please call our law firm at (713) 225-1038 or visit our website.

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As a Houston criminal defense Lawyer I am always concerned with our local jail conditions. While Adrian Garcia has not been Sheriff of Harris County, Texas long,  the conditions of his jail are not improving according to Inspectors. It has been a continuous battle to improve the jail conditions in Harris County, Texas.  Hopefully, Sheriff Garcia will make some improvements soon.

The inspectors also found that courtroom holdover cells are packed beyond capacity.  This is evident to any practicing Houston criminal defense attorney.  Routinely, courts are unable to have all the defendants that are in jail make their morning docket.  Nothing is more frustrating to a person expecting to go to court only to find out that they will not be going because there are too many people in custody.  This is also frustrating to the person's family and their attorney.

If you or someone you care about needs help with their criminal case please call our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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"I've replayed this scene in my head over and over, wondering if there was any way  this could have turned out differently. What if I had worn a different shirt? What if I hadn't gotten my dates mixed up? What if I refused to talk until I had a lawyer present? I would have a lot of time to think about my situation: That was the last time I walked in anywhere as free man for the next eleven years"  Those are the words of Ronald Cotton as is the picture above. They are from the book Picking Cotton by Jennifer Thompson-Cannino, Ronald Cotton and Erin Torneo. It is a must read for anyone who works in the Criminal Justice System.

It tells the true story of Cotton, who was picked out of a lineup by Thompson, a college student, as the man who broke into her apartment and raped her. He was innocent but spent eleven years in prison before DNA exonerated him. After he was released from prison Cotton and Thompson forged a friendship. I don't think I'm giving anything away in telling you that, it is on the inside cover.

The book does an excellent job of demonstrating how Eyewitness Misidentification can lead to wrongful arrest and conviction. Anyone that has ever tried an Aggravated Robbery or Aggravated Sexual Assault, understands the importance that  eyewitness identification plays in trial. It also gives an example of why an accused must speak with an experienced criminal defense attorney before he/she speaks with the police.

When Cotton heard he was accused he figured he could go down to the police station and clear things up before he went into work. "I don't need an attorney, sir. I didn't commit this crime and I want to get this straight." That is what Cotton said before he spoke withe the police. He had an alibi. But, when he made his statement,he was nervous and confused and mixed up his dates. He came across as a liar even when he had witnesses to support the truth of his alibi. This helped lead to his conviction.

As Houston Criminal Defense Lawyers we often get calls from potential clients in this exact position. Anyone facing this situation must understand that you have the right to REMAIN SILENT. You also have the right to speak with an attorney and have an attorney present during questioning . Take advantage of your rights and if you have time read Picking Cotton.

If you need to talk to a lawyer about your criminal case please call our law firm at (713) 225-1038 for a free consultation.

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At the police station, I was turned over to an official "DWI Task Force" team (two officers).  The first thing they wanted me to was the Field Sobriety Tests (FST).  You know - walk the line heel-to-toe, like you see on TV.  Other tests involve standing on one foot and counting to 30, and standing with your eyes closed and your head tilted back.  I later learned that these tests are "divided attention" tests, designed to test your physical acuity, as well as your ability to follow directions, do two things at one time, etc.  Why they use these tests I don't understand, because no accredited medical society endorses them, and even stone-sober people can't pass them.  They don't tell you what you are being graded on.  You do not know that, "Stand there until I tell you to start," means, "If you shift your weight or move even one muscle, I am going to put black marks all over your scored."  The also don't tell you that you have a right to refuse to perform the tests.  The whole thing is overwhelming, you're scared, in shock, and you're afraid to ask questions.

Next the officers asked me again to take the breath test.  This time, I was allowed to sit and read information about it- specifically, what happens if you do or do not take the test.  In Texas, if you take the test and fail, you loose your driver's license for three months.  If you refuse to take the test at all, you lose your license for six months.  IF you take the test and pass, you don't lose your license...but you can still be prosecuted for DWI, if the police think there is enough against you.  A conviction cold mean losing your license. 

With the printed information in front of me and time to think, I figured, "I don't think I'll fail the test but you never know.  If I lose my license and can't get to work, I probably can afford to make it for three months. But, I can not afford to be off for six months."  So I decided to take the test.

I "blew", as it is called, under the legal limit.  I was elated!  Until the officer looked at me and said two words- "reverse extrapolation," which means that they use mathematics to figure what your level is now and then figure the rate an average human metabolizes alcohol, and use that to say what they think your blood alcohol level might have been at the time you were driving.  So, no.  They were not going to let me go home.

 The police officer then did some test on my eyes.  You know- follow the moving pen with your eyes.  He also took my pulse and blood pressure, and spent a lot of time checking my inner arms for needle tracks.  The he asked if I would consent to a drug test.  WHAT?  Me suspected of illegal drugs?  Well, I do not do any drugs, and I had no qualms about taking this test.  But wait a minute!   Many people I know do use marijuana and some of the people at the party were smoking.  What if I had inhaled some of the smoke, and there was enough to test positive?

They said that something about the way my eyes moved was consistent with eye movements of people high on dope.  Oh, "No Problem", I said, smiling again.

If you find yourself neeeding the help of a DWI Attorney in Houston please contact our law firm at (713) 225-1038 for a free consultation.

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Please remember to pay your DWI surcharges because if you do not pay them your license will be suspended.  Also, if you have been granted an occupational license by a court that will be invalid as well.

The best way to prevent this is by get your DWI case dismissed! You need an experienced DWI attorney handling your case.  There are too many consequences that may impact your life to allow someone that is not familiar with DWI law to handle your case.  Thus, if you need help with your DWI case anywhere in Texas please call our law firm at (800) 724-1876 or (713) 225-1038.  We will talk to you about your case for free!

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While he plead No contest to the DWI the judge still found him guilty.  Thus, the end result is the same.  Also, I found it curious that a person on bond for DWI in Houston would go on probation before obtaining the blood test.  Lastly, it is not surprisingly that a first time DWI offender would be ordered to have a breathalyzer installed in their vehicle unless the blood/alcohol result was over .15.  This would also significantly increase his yearly surcharge to DPS.  I hope all these things were covered before he was placed on probation.

You need an experienced DWI attorney handling your case.  There are too many consequences that may impact your life to allow someone that is not familiar with DWI law to handle your case.  Thus, if you need help with your DWI case anywhere in Texas please call our law firm at (800) 724-1876 or (713) 225-1038.  We will talk to you about your case for free!

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Judge Mark Atkinson, the presiding Judge of the Harris County Criminal Court at Law #13,  has been invited to lead a judicial misson in Poland. 

Previously, Judge Atkinson accompanied a delegation of criminal justice professionals on a mission to the western region of Poland, including Gdansk and Poznan, where he was asked to observe sentencing practices of judges and probation/parole officials. Upon his return, his observations were published in the summer, 2006, issue of “Executive Exchange,” a publication of the National Association of Probation Executives.

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As a Houston Criminal Defense Attorney I must admit that I was shocked when I heard a rumor regarding the Harris County District Attorney's Office implementing a new policy whereby prosecutors would not offer probation to an accused unless the accused swore to be residing legally in the United States.  One of my close friends, that is a prosecutor himself, confirmed not only that this is fact, but there will be a document that a defendant will need to swear to before a plea agreement is finalized. 

This new policy wrong on several levels.  It seems to be politically motivated.  Pat Lykos, the District Attorney of Harris County, was elected to uphold the law of the state of Texas.  The policy may seduce the most steadfast of conservative Republicans in Houston and beyond, but it is misplaced and a subtle form of racism.  It is very easy for people to say "He is an illegal get him out of our country."   However, the law states that anyone that is in this country is presumed to be here legally.  Also, every person in this country  has a 5th amendment privilege regardless of their status.   On one hand, by requiring anyone that is undocumented to swear that they are here legally before receiving probation the District Attorney's Office is encouraging them to commit perjury.  On the other hand, if the defendant tells the truth the consequences are twofold.   They will not get the probation and they have given the Government evidence to prove that they are committing a Federal Offense.  What competent criminal defense attorney would advise their client to do anything other than to remain silent?  Thus, the District Attorney's office is punishing a defendant for exercising their right to remain silent and that is a clear constitutional violation. 

Below is a copy of the 5th Amendment.  Perhaps, the Lykos administration should give it a read if they have done so in a while. 

No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

With this new policy the Harris County District Attorney's Office is disregarding Texas law.  For example, the law in Texas clearly states that low level felony drug possession for first time offenders is a mandatory probation.  The law does not differentiate between those that are here legally and those that are undocumented.  The Lykos administration is essentially stating that they will not follow Texas law.  Correct me if I am wrong, but the last time I checked our District Attorney was elected to follow the laws of Texas.

More practically speaking, what defense attorney that has a client on bond that is undocumented will enter into any type of plea bargaining when they know that a prosecutor's hands are tied when it comes to getting probation for their client.  A competent criminal defense attorney knows that a jury is not precluded from granting an undocumented person probation.  Additionally, any potential juror that can not consider granting probation for someone that is undocumented should be exposed during voir dire and kept from serving on the jury.

My hope is that Harris District Attorney's Office reconsiders this policy and decides that despite being a hit politically legally it is without merit.

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