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

I thought the days of Tom Zarate were behind us at the Harris County Criminal Justice Center.  For everyone that does not remember Mr. Zarate he was a lawyer at the courthouse notorious for arriving early and soliciting Spanish speaking defendants that were not represented by an attorney.  He would offer his services to mostly downtrodden people.  A non lawyer would say what is wrong with doing that?  Well the state bar of Texas states that it is unethical for a lawyer or a lawyer's representative to approach someone and offer their legal services.

I was disappointed to see that someone seems to be going the Zarate route for acquiring clients.  For the second time, I have seen a man approach a non English speaking person by the elevator banks and ask them if the were represented by a lawyer.  While I do not know this person or who he works for I do know that he is not an attorney because of the way he is dressed, and he merely sits in the courtroom without approaching the bench.  Even though this person is only approaching Spanish speaking people it is only a matter of time before they are busted for soliciting clients and the lawyer they are representing is reprimanded.

Si udsted necesita un abogado en Houston oprima aqui.  Tambien puede llamar ha (713) 225-1038.

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Today while at the courthouse a fellow criminal defense attorney asked for advice. I have absolutely no problem with that. I think its a great idea to ask your peers their opinion on legal issues. But this question was something a client should be asking his attorney and an attorney should know the answer. If an attorney is asking the question they shouldn't be practicing criminal defense law.

The question was whether his client was eligible for probation after having served time in TDC for a felony conviction. The answer is no. Not to say that defendants with previous felony convictions don't sometimes get probation with a judges approval either through a Presentence Investigation or through a plea bargain after prosecutor is convinced based on the facts that probation is warranted.

How can an attorney represent someone accused of a felony and not have a basic understanding of the law? It reminds me of the many calls we get asking whether someone can get their record cleared or expunged after a conviction. I always inquire as to what their attorney advised. Some attorneys actually advise that the conviction can be expunged. Other times the client failed to ask what the consequences were.

It is the responsibility of an attorney to explain the options and consequences of a particular legal matter. If you are charged with a crime and paying an attorney to represent you, you should expect the attorney to explain the process and options so that you can make an informed decision. You don't want to be in a position years down the road with a conviction preventing you from getting a job or apartment. We always encourage our clients to come into our office and sit down and discuss the case. You should expect this of your attorney.

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As a criminal defense attorney I never understand why someone would enter into an agreement with an attorney to be represented for a criminal matter without a signed contract.  This seems to be a disturbing trend for some reason since I have come across several of these situations of late.   How can the client know what is expected of him/her or what they can expect from the attorney when there is no contract agreed upon by both parties?  Without a contract in place  what often happens is that the attorney quotes the client a fee they later say that the case has become more complicated so they need to charge the client an additional amount.  Most troubling, is when a lawyer promises certain things to the client in order to be hired only to deny making the promises down the line or who ultimately blames the judge, prosecutor handling the case for the negative outcome  A contract detailing expectations, fees, and promises at the outset would prevent most of  these messy situations from happening in the first place.

It is imperative that as a client you have a signed contract with your attorney.  If the attorney promises you that he/she can get your case dismissed or reduced make sure you get that in writing!

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Watching the nightly news I came across a story of a man accused of shooting and killing his wife. It was reported that the couple had 3 children and the victim was 7 months pregnant. The incident was shocking, sad and tragic.

The man has been charged with Capital Murder. While he was in handcuffs the defendant was asked a question by the media and responded that, "She had it coming." Not a good response.

When an accused is charged with serious violent crimes like Murder and Capital Murder, cases are usually tried on punishment. Anyone accused with a crime is innocent until proven guilty, but many of these cases are tried because punishment cannot be resolved.

The defense has to prepare mitigation evidence for the punishment phase of trial in the event that part of trial is reached. A defendant does not help himself or his defense by making these type of statements. If I and many others saw this on the news you know that the Harris County District Attorney's Office is watching and can't wait to use this at trial. The simple and easy rule is: Keep your mouth shut.

If you need a Houston, Texas criminal defense attorney contact our law firm at (713) 225-1038.

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After more than twenty years the Welfare Fraud division of the Harris County District Attorney's Office (HCDAO) will have a new chief.  Carl Hobbs, chief of the division, one of the longest tenured Harris County prosecutors, is moving to become head of the misdemeanor division.  I hope Mr. Hobbs continues the fantastic work Kate Dolan did while she was the chief of the misdemeanor.  More importantly, I hope that he keeps an open-mind toward pretrial diversions.  For the past two years, the HCDAO has been generous in dispensing these type of agreements.  My concern is that Mr. Hobbs will not be as charitable since he never granted one while chief of the Welfare division.  I am hoping for the best.

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