Houston Criminal Law Journal : Houston Criminal & DWI Lawyer & Attorney : Madrid Martinez & Associates Law Firm : Criminal Defense, Drug Possession, Assault : Houston Texas

This past Monday was one of the most chaotic days for Harris County Misdemeanor Prosecutors because every criminal attorney in Houston, like myself, wanted to know the facts surrounding Pretrial Diversions for first time DWI offenders in Harris County, Texas.  Unbelievably, the prosecutors had as much information as I did.  They did not know the guidelines, when it was going to be implemented, or who would qualify.  One thing is for sure, Kate Dolan, the chief of the misdemeanor section, is going to be a busy lady.

If you have any questions regarding a DWI in Texas please contact a Houston DWI Lawyer at (713) 225-1038.

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As a Houston Criminal Defense Attorney I see the consequences of continual drug use.  This picture demonstrates the debilitating effects of drug use. You can clearly see the physical breakdown that  occurs with the abuse of drugs. What you don't see but can imagine is the loss of jobs, relationships and family. The consequences for a criminal drug conviction are serious.

However, there has been a move in recent years in the criminal justice system, away from incarceration to rehabilitation. For example in Harris County the STAR (Success Through Addiction Recovery) Drug Court has been established as an alternative source for drug offenders. The goal is to get addicts out of the revolving door that has become the justice system, off of drugs and onto a productive life.

The line of thinking is that it is more cost efficient and better for the public to get people off of drugs rather than house them year after year with no treatment. The tide of public opinion has turned and the courts and politicians around the country have responded.

But, there are start up costs associated with the funding of drug courts and rehabilitation programs. It is hard to get the taxpayers to agree to pay at anytime and even more so in a recession. I was speaking to one of my best friends last week, Roland Gutierrez, who also happens to be an attorney and a Texas State Legislator about this very issue. He explained to me that these programs are funded in part by the court costs of defendants convicted of drug and alcohol offenses. Fifty dollars of court costs from each conviction are used to pay for the drug courts.

Roland has sponsored legislation,House Bill 579,  that would require court cost from all criminal cases be used for more rehabilitation programs and drug courts. It sounds like a great idea, but there is actually opposition to it from some groups. It seems you can't please everybody. Hopefully when all the negotiating is done, some form of legislation passes that provides for more rehabilitation. It would be nice to have more people living productive lives with their friends and family, rather than wasting away in jail, a burden to taxpayers and their family.

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Despite being a criminal defense attorney in Houston this news does not make me feel any better, but the Detroit Crime lab is experiencing similar issues that Houston's crime lab faced.  Hopefully, Detroit will look to Houston for guidance in trying to clean up a crime lab.

 I wonder what it will take before the general public will view this type of evidence more closely before potentially convicting an innocent person.

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A short, but insightful interview with Fernando Henrique Cardoso, president of Brazil from 1995-2003, details what most criminal defense attorneys already know and advocate for everyday.  The drug problem is a health problem.  Thus, we need to seek treatments for these individuals in order to reduce the demand of the drug trade.  Cardoso is also forwarding a report to the United Nations to serve as a catalyst for countries to decriminalize marijuana since it accounts for 90 percent of the drugs that are consumed.

If you need assistance with your drug 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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 It has been some time since Texas lawyers were not allowed to advertise.  Traditionally, there are several ways that lawyers have marketed themselves such as direct advertising, commercials, and billboards.  Today, more progressive attorneys have moved to the Internet.  A Los Angeles criminal attorney, Allison Margolin, markets herself via youtube as "LA's Dopest Attorney."  I suspect based on Ms. Margolin's credentials she is doing well.

  It is a shame that Big Moe passed away in 2007 perhaps I could have enticed him to shoot a video with me in the "Syrup City."  I wonder what the State Bar of Texas would say to this form of advertising? If you need assistance with a drug 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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I was having a conversation with a prosecutor that I have known for over ten years recently about why the Harris County District Attorney's Office refuses to use 12.44(b) punishment for state jail felony drug cases.    This type of punishment gives a prosecutor the discretion to reduce the charges from a felony to a misdemeanor.  His reply was "how does that help me?"  I tried to impress upon him that his job was to make sure that justice is done.  I tried to let him know that the general consensus among the citizens of Texas is that low level drug users should not be sent to prison.  He refused to be swayed.  He just kept stating how does this help me  Ironically, he said he would start treating those cases like misdemeanors when the Texas legislature changes the law.  He fails to take into account two things.  First, the Texas legislature has stated that the prosecutor may reduce a state jail felony to a misdemeanor.  The Harris County District Attorney's Office does not acknowledge this law.  Second and most importantly, the comments section of the Texas Rules of Professional Conduct states: "A prosecutor has the responsibility to see that justice is done, and not simply to be an advocate." (Rule 3.09 Special Responsibilities of a Prosecutor).

If you need help with your drug case in Texas please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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This session the Texas legislature is considering reducing the punishment of possession of less then a gram of a penalty group 3 drug like cocaine from a state jail felony to a misdemeanor.  In fact, Judge McSpadden, presiding judge of the 209th District Court of Harris County, has been promoting this change in the past and now has the support of his colleagues.  Unfortunately, the Harris County District Attorney's Office does not agree.  Our elected District Attorney has a bigger picture in mind.  That sounds very comforting, but most people want instant results.   If she is concerned about jail overcrowding how about using the tool that the Texas legislature has already given them in the form of "12.44" punishment more readily. 

Sec. 12.44.  REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT.  (a)  A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.

(b)  At the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.

It is a shame that prosecutors in Harris County, Texas dismiss more cases than offering a "12.44(b)."  Surprisingly, new felony prosecutors feel like there is an office policy against this type of punishment.  I have never know this to be the case, but most prosecutors are extremely reluctant to extend the offer and are surprised when I request one.  I have never known a real reason for this other then "we do not do that in Harris County."  The jail overcrowding issue could be addressed by implementing a new attitude towards 12.44(b) punishment and accepting charges for low level marijuana charges when a police officer decides to give someone a citation to appear for court instead of arresting them.

If your need assistance with your drug charges in Texas please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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As a criminal defense attorney I wonder if Texas is ready to become the next state to allow marijuana possession legal for medical purposes? It might be if HB 164 becomes law.  The bill would make Texas the fourteenth state to make possession of marijuana for medical purposes legal.

Frankly, I am not sure if the legislature is ready to go that far at this time.  Recently, they made it optional for a police officer to arrest someone for a misdemeanor amount of marijuana.  I have mentioned before that despite this law the Harris County District Attorney's office refuses to accept charges if the arresting officer chooses to give a person a citation to appear in court.  In fact, the previous administration lobbied against the bill.  I am curious to see if the new administration starts accepting citations for low level amounts of marijuana possesion and forms an opinion regarding the medical marijuana defense.

If you find need to talk to a lawyer about your current marijuana case please call our law firm at (713) 225-1038 to speak us for free.

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Do you remember Jerry's girlfriend that was able to persuade anyone to get what she wanted?  In fact, she was able to get out of traffic ticket by flirting with the police officer in the Seinfeld episode titled "The Calzone" despite Jerry admitting everything.  Well not even a extraordinary persuasive person like that will able able to convince Houston, Texas area police officers to write them a citation for being in possession of a misdemeanor amount of marijuana despite the law allowing them the opportunity to do just that in the appropriate situation.

Last year the law changed where an officer has the option to arrest someone or simply write the person a citation for being in possession of less than four ounces of marijuana.  In fact, Austin police officers hope to start the policy by the end of the year.

Since Houston, Harris County, Texas  has a notorious overcrowding issue in their jails you would think they would embrace this law. " Not on my watch your not" said Former Harris County District Attorney Chuck Rosenthal bluntly...he notified all the police chiefs in Harris County that if their officers want to follow the new law and issue citations, the DA's office would not accept the charges.  He flatly refused to recognize this law.  Even several months after Chuck Rosenthal's resignation from the District Attorney's office the policy has not changed in Harris County.

Here is hoping that whoever becomes the new Harris County District Attorney recognizes this law and values the good it could do for the overcrowding issues that are occuring in the Harris, County Jail.

If your need assistance with your marijuana case in Texas please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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