Houston DWI Lawyer Sees A New Approach To DWI Prosecution

The Harris County District Attorney's Office is considering a progressive approach to the way that first time DWI offenders are prosecuted.  The plan being considered is to grant a pretrial diversion to those charged with their first DWI.  The program would spare the person from having a conviction for the rest of their lives if they successfully complete the program. 

As a lawyer that routinely sees the effects of a DWI conviction I applaud this approach by the District Attorney's office.  Most of the people that we assist with a DWI arrest are first time offenders.  As I have stated on this blog the consequences of a  DWI conviction can seriously impact a person's life.  This new policy will help countless people in Harris County.

This decision by the  Harris County District Attorney, Pat Lykos, is a departure from her earlier proposals that seemed to be politically motivated.  Conversely, I suspect this approach will cause M.A.D.D, and other DWI zealots to adamantly oppose this approach that has proven to be effective in other jurisdictions.  The zealots will direct the public to the numbers of DWI fatalities in Texas, but will not admit that the methods that are currently being used to prosecute DWI cases are not working.  Thus, a fresh approach is to be commended.

If you have questions regarding a DWI/DUI in the Houston, Harris County area please contact our law firm at (713) 242-1779 or click here to visit our website.

Memorial Weekend DWI Arrests

It looks like the Harris County, Texas District Attorney's Office went full force in the enforcement of the First Marathon Memorial “No Refusal” Weekend . The program netted over 200 DWI arrests in Harris County alone.  I wonder how this compares to a normal holiday weekend?

Warren Diepraam, a former Harris County Prosecutor, who now works for the Montgomery County District Attorney's Office, also initiated the same type of program with and added the arrests of boating while intoxicated on Lake Conroe.  I anticipate that the citizens of Montgomery Country are in for a dramatic change in the way a DWI is going to be prosecuted in the future with Warren leading the charge. If you have any questions regarding your DWI arrest please contact one our DWI Lawyers at (713) 242-1779 or visit our website.

What Is A RIP Call In Houston?

One of the most frustrating things about being a Houston Criminal Attorney is having to wait for the assigned prosecutor to do their "RIP" call.  "RIP" stands for Restitution, Injury, and Punishment.  It is the Harris County District Attorney's Office policy to refrain from making a decision on a case before they contact the alleged victim in a case.  While I understand the policy, it is frustrating for everyone involved to needlessly appear in court because the alleged victim can not be contacted.  It is not uncommon for a person to attend several court settings while incarcerated, serving more time than they deserve because a police officer neglected to get the victim's contact information.

Most commonly, these are misdemeanor cases like DWI, Assault, or Criminal Mischief.  A prosecutor should be allowed to determine the severity of the crime without the necessity of contacting the complaining witness and resolving the case in a more equitable manner.  The judge, the trial prosecutor, the jail, and the defendant would find closure much quicker when these cases are handled appropriately.

If you need any assistance with a criminal case in Houston, Texas please contact The Martinez Law Firm at (713) 242-1779.

A Toll Free Phone Number for Houston Criminal Attorney

Despite being a Houston Criminal Attorney a lot of our clients are from outside the Houston calling area.  We have clients that live throughout Texas and throughout the United States.  In order to better served our clients we provide a toll free phone number for them.  The phone number is (800) 724-1876 in the event you need to contact our firm, The Martinez Law Firm, for any questions regarding a DWI, Assault, Theft/Shoplifting, or Possession of Marijuana/Cocaine. 

Your Assault Of A Family Member Is Not Eligible For A Motion For Non Disclosure

As a Houston Assault Lawyer at The Martinez Law Firm I have have received a few calls this week from people seeking a motion for non disclosure after completing a deferred adjudication for an assault of a family member.  Since they received incorrect information from the initial assault attorney I feel the need to post a blog to provide clarity on this issue.  Despite what your criminal defense lawyer may have told you a deferred adjudication for assaulting a family member is INELIGIBLE for a motion for non disclosure.  That is even true if probation officer told you the same thing.  Your only hope is that law changes on this changes on this issue in the future.  I am not optimistic since the current law states that a second charge for assaulting a family member is a felony even if you successfully completed your deferred adjudication.

 

 

Every Houston Criminal Lawyer Should Have A Badge

I am always amazed when I approach the Harris County Courthouse and witness other Houston criminal attorneys making a line outside to get into the courthouse.  I was one of the first to get a badge when they became available a few years ago.  This has been a benefit to me and my clients.  By having the badge I do not have to wait in line during our oppressive summer heat or a rainy day.      I hear the complaints from my colleques that they will not pay for a badge until the prosecutors start paying for their badges as well.  This does not make sense to me.  They are not proving a point to anyone they need to spend the $50 and get into the courtroom to start fighting for their clients.  Otherwise, they are wasting everyone's time. 

By the way, these badges will allow someone to bypass the lines in all other buildings like the Family Law Center, Juvenile Center, Civil Courthouse, and the Houston Municipal Court.

If you would like the help of one of Houston's best criminal lawyers contact our law firm at (713) 242-1779 or visit our firm's  website.

DWI Law News

As a Houston DWI Lawyer/ Houston DWI Attorney it is my job to stay on top of developments in the DWI field.  The Texas legislature is implementing a new law that could alter how DWI arrests are treated.  The new law would allow the police to draw from a person involved in an accident, or driving a vehicle with a child, without a magistrate's approval. The police may start using a flashlight/gadget that indicates the presence of alcohol.  Both of these items are ripe for constitutional challenges once they are used by the police.

Visit our firm website if you would like to speak with an attorney about your case. 

Houston Criminal Attorney...Less Running Means Less Blogging

I have mentioned about all the Houston Criminal Attorneys that run.  Personally, I have slowed down on my blogging since we have been in trial and not running as much.  Since the weather is heating up and I thoroughly enjoy running during the warmer months I am confident that my blogging will increase.  During the past year I have noticed that I get a lot of blogging ideas while running so I anticipate that my blogging will increase as I run more.

Houston Criminal Attorneys Ready To Wear Their Seersucker Suits

As Memorial Day approaches I know a lot of Houston Criminal Lawyers; be it prosecutors or defense attorneys that are looking forward to wearing their seersucker suits this summer. Typically, the seersucker suit is worn from Memorial Day through Labor Day, but may be worn throughout the year in our hot climate.  This type of suit is perfect for our oppressive heat since it is made in cotton instead of wool, like traditional suits.  A seersucker epitomizes the Southern Attorney. Remember Gregory Peck in the film "To Kill a Mockingbird?"   

Seersucker-the Southern SuitIf you have not worn a seersucker suit before you should give it a try.  Wear it on a Friday when most of the men wear them so you feel most comfortable and will not stand out as much.  You will even find a sprinkle of woman wearing theirs as well on a Friday.  To accessorize remember to wear buck shoes, preferably white.  The bowtie or hat is optional.  I bet you will forget you are wearing a suit because it is so light, comfortable and easy to wear.

The Martinez Law Firm 

Coming Soon...A New Jail In Harris County, Texas

 

Houston Harris County, Texas JailAdrian Garcia, Harris County Sheriff, admits that a new jail in Harris County, Texas is necessary to avoid any lingering problems with his jail.  I hope that the Sheriff informed the Commissioner's Court of his position.  Essentially, his stating that even if the problems are fixed only more problems will arise in the future unless a new jail is constructed. What is being done with the $5 million dollars he was recently given to address the jail conditions?  As a Houston Criminal Attorney this is discouraging news.

Visit our website if you have been charged with a crime and would like more information on how we can assist with your case. 

 

Judges Even Checking Your Driving Habits

As a DWI Lawyer it is my job to monitor what the courts are doing with defendants in their courts.  For example, what ever happened to being presumed innocent?  Just this week I overheard a judge reprimanding a person on bond for DWI that his driving habits were not "normal" according to his interlock log.  I almost fell out of my chair that the court  would be monitoring a person's driving habits so closely when they are only accused of a crime.  The judge went as far as threatening to add the scram device as an added condition to the poor guy's bond. 

The Martinez Law Firm: http://www.martinezlawhouston.com.