Houston DWI Lawyer | DWI Defense in Houston, TX

As a criminal defense lawyer you need to display composure when things do not go your way.  You need to be able to communicate logically with your client when they insist that they were not at the scene of the crime, even though the prosecutor has produced a picture of your client taken with a gun in their hand at the scene.  Our clients need to know that we are on their side and ready to represent them to the fullest extent despite the allegations and evidence against them.

Recently, I had a difficult time explaining to one of my clients that after reaching an agreement with the prosecution, the judge rejected the agreement.  In every case the there is a possibility that the judge may reject an agreed plea bargain.  Within every plea bargain agreement there is language that allows the judge to reserve the right to reject the agreement.  Luckily, the defendant is allowed to withdraw their plea if the judge decides to go this route.

Unfortunately, this was not any consolation to my client who, during a recent plea bargain, could not understand why the judge would not go along with the agreement.  A plea bargain is not something that is reached easily or quickly.  It is a long process and typically, it takes compromise between the prosecutor and the defense lawyer.  The process goes something like this; the client comes to court several times and when they think the agreement is satisfactory to them they relinquish their right to trial in order to enter into the plea bargain.

It is extremely frustrating to all parties when a judge hears a short synopsis from the prosecutor about the facts surrounding the case and then decides that they will not accept the agreement that was reached.  Now the client is frustrated and its back to square one.  At this point, the client typically asks one of the following questions; why did you as my attorney spend all that time trying to reach an agreement with the prosecutor if the judge was going to reject it anyway?  Why did I agree to pay back all the restitution that is owed?   Why didn't you reach an agreement with the judge first?  The answer is because the judge can and gives the final blessing to the plea bargain. 

I understand that the judge's role is to determine what is in the best interest of society, but how can they determine that with only a couple of minutes of facts relayed by the prosecutor.  At the very least, the judge should speak to both attorneys especially if they are leaning towards rejecting the plea bargain.  It becomes an emotionally charged event because the client senses things are going badly.  At this stage, their body language changes, they can not speak as clearly, and most of all they become nervous and confused about the proceedings.  This in turn makes the judge less likely to accept the plea bargain because they tend to interpret this behavior negatively.

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A few people quizzed me today whether the newly appointed Supreme Court Justice Sonia Sotomayor is the first Hispanic to sit on the court. as reported.  This is asked is because most lawyers think that Benjamin Cardozo was the first Hispanic judge appointed to the United States Supreme Court.  The media has it right on this one because Justice Cardozo's family immigrated from Portugal.  Moreover, Portugal is not a Spanish speaking country.  Thus, he would not be categorized as a Hispanic according to our census.

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Now that the Harris County District Attorney's Office is going forward with the pretrial diversion program  for DWI cases should judges inquire if each defendant that is entering a plea of guilty before them has been made aware of this opportunity?  A judge's role is to protect everyone's rights.  Therefore, if the judge has an inkling that the person before them may qualify for a pretrial diversion for their DWI case and has not been informed of this possibility by their attorney for whatever reason the judge should caution the person about the consequences.

I realize that there a lot of variables in each case, and the plea admonishments discuss essential rights, but this new program changes the playing field for all DWI attorneys in Houston.

If you have any questions regarding a DWI in Texas please contact a Houston DWI Lawyer at (713) 242-1779.

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For some reason, a lot of people think they could represent themselves in a DWI case.  They quickly change their mind once they have been arrested or go to court for the first time.  A person arrested in Harris County for DWI/DUI will not be offered probation if they are representing themselves.  Also, they do not know how to save their driver's license.  In other instances, they come up with a dimwitted defense that create more problems that they solve. 

Our firm has represented fellow lawyers that have been arrested for DWI, but not practice criminal defense because they understand the seriousness of the offense and all the pitfalls that are associated with this crime.  Thus, if you need help regarding your DWI visit our website at www.mmalaw.com or call us at (800) 724-1876.

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Those of us that have been Criminal Defense Attorneys know better then to guarantee that a case will be dismissed based on the initial visit with a potential client.  Routinely, clients come into our office a state some form of the following: "Attorney A said he will get the case dismissed if I pay him X dollars.  My initial thought is if they really believed the attorney why are they here in my office?  I am sure they feel the same way or else they would not be visiting me.  My advice is always the same...if a lawyer in guaranteeing something get in writing because the truth is that no attorney can make such a statement without reviewing the case, talking to the assistant district attorney, and investigating all the facts.  I am always amazed that people believe these attorneys even after talking to competent criminal lawyers.  Do not forget that you are presumed innocent, but that does not mean that the prosecutor will automatically dismiss your case.

This does not change even if the crime occurred in  Fort Bend County, Galveston, or Harris County, Texas.  If you want to speak to an affordable, honest, and experienced criminal defense attorney call us at (713) 242-1779 or visit our website at ww.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) 242-1779 or visit our website at www.mmalaw.com.

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The number one reason for a probation violation to be filled is that the probationer does not attend their scheduled visit.  There are several reasons why this may occur,  Commonly, they do not have the money to pay for their probation and secondly they think they might test positive for drugs if they are drug tested.  Most judges have a working knowledge of all their probationers via their probation officers and want them to succeed.  Thus, they find it insulting when a person  knowingly fails to meet with their probation officer.  A judge usually understands the financial hardship one may be going through.  In fact, a judge can not violate a person's probation solely for not paying the money that is owed.   Additionally, most judges understand that someone may have a drug problem if they test positive more then once but they will be less likely to offer anyone assistance if they fail to show up for a scheduled visit.  In summary, failing to attend a scheduled visit may be more harmful than you may realize.

If you would like to speak to one of our attorneys regarding your particular situation please call our law firm at (713) 242-1779.  Also, you can visit our website at www.mmalaw.com.

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There are several different ways a misdemeanor and felony judge takes a plea.  As you might expect, a felony judge discusses a lot more information then a misdemeanor judge does during a plea.  Nevertheless, one admonishment that is frequently disregarded orally by a felony judge in Harris County, Texas is that a drug possession will cause a person's driver's license to be suspended for six months if there are over 21 years of age and one year if they are under 21 years of age.  I realize that most felony admonishment forms cover this possibility as do misdemeanor admonishments, but for some reason it really makes an impression when a judge tells someone that from the bench.

The reason someone should keep this in mind is that if they are caught driving while their license is suspended they may be arrested.

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One of the most unappreciated people at the courthouse is the court coordinator.  I saw for myself how much judge's rely on their coordinators when I was a briefing attorney.  Today, I see it every day practicing as a criminal defense attorney in Houston.  The Judge for the Harris County Criminal Court at No. 5, Margaret Harris, and Joan Campbell the Judge for the 248th District Court of Harris County will be losing their wonderful coordinators.  Judge Harris' coordinator, Virgilee Tamborello Saulsberry, is taking a position with the Harris County District Attorney's Office.  Also, Judge Campbell is losing her coordinator, Vickie Oliver to retirement.  Hopefully, we will still see Vickie around the courthouse if decides to fill in for her colleagues.

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I have mentioned before that the Harris County District Attorney's Office is changing drastically next year.  Administratively, many changes have already been made.  Murray Newman has commented about the changes in his blog.  Moreover, fellow Houston Criminal Attorney, Mark Bennett, posted the new flow chart in the comments section.  Many more changes are rumored to be coming early next year.  I hope that one of the newest changes that need to be made are how the Welfare Fraud division handles their cases.  Carl Hobbs, one of the most tenured prosecutors at the DA's office, has been the head of  this division since I have been a lawyer.  While I enjoy Carl as a person I dislike how his policies have not shifted in years.  During these hard financial times the DA's office needs to re-evaluate if further crippling defendants is just.  Typically, the person charged with welfare fraud is as follows:  single mom, three to four children, limited education, and struggling financially for years.  The struggling mother is receiving welfare and finds a part time job for a while that assists her with paying the bills, but does not get her head above water.  Later, when she reports to the welfare office she fails to report that she has found a new job.  Finally, a random investigation by the welfare office discovers her omission and charges are filed.

While I do not condone what the single mother does, other options should be available to her.  For example, the welfare fraud division has a steadfast rule that they will only offer felony deferred adjudication or a misdemeanor time served offer if the poor mother pays back the funds she was over paid, within forty days.  The welfare fraud division never considers a dismissal of the charges or a misdemeanor deferred adjudication if the money is paid back sooner.  They need to see that justice would be better served if they offered some other options.  They should have a standard policy of contacting the potential defendant to inform them that they have thirty days to pay back the money before criminal charges are filed.  If charges are filed they should give them the opportunity to get a misdemeanor deferred adjudication.  The welfare fraud division needs to see that the children are the ones being hurt by having their mother receive a conviction for theft or being on deferred adjudication for a felony.  The theft conviction would eliminate a lot of job opportunities for her.  Moreover, a felony deferred adjudication is not a conviction, but that means that for a minimum of two years she would be on probation, and must wait longer before she is eligible for a motion for non disclosure.

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Recently, I was at party with many current and former judges.  I was unsure what to call each of them.  Do I still call them judge if they are retired or left the bench?  Do I call them by their name now that they are not on the bench?  What about all the judges that recently lost their respective elections or the ones that are about to be start in January? Interestingly, I found out  that incoming Harris County District Attorney Pat Lykos, a former judge, requires that her staff call her judge despite her new title.  I find that curious.  For example, does congressman Ted Poe, a former Harris County judge, require his staff to call him judge?  Maybe I am missing something.

After speaking to a few people at the party I decided that if I knew the person before they became judge I will revert to calling them by their names unless I am asked to do otherwise.  Likewise, if I only know them as a sitting judge I will continue to call them judge .  I hope that works for everyone.

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As a criminal defense attorney in Houston, I am amazed how much information I can gather on a potential witness via the Internet.  Their facebook account reveals a lot about them.  They make comments regarding all sorts of subjects.  Sometimes they even post stupid comments regarding the case that they are the alleged victim and/or witness.  Nevertheless, facebook is a double-edged sword.  My clients have been burned with what they have written in their facebook and the pictures that they have posted.  That is why I tell all my clients now to "clean up" or delete their facebook accounts before a prosecutor uses it against them at a punishment hearing or at trial.  For example, a probation officer may see that you posted that picture of you and your buddies drinking at a party that you tagged and pass it along to the judge.  This could be grounds for your probation to be revoked.

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Everyone enjoys some type of diversion in life.  Some people like to read or play music to "get away."  The Houston Marathon is next month and I have come across various criminal lawyers at the Harris Criminal Justice Center  that  are in training for or have done a marathon. There are all types of runners at the courthouse.  Some are new at running, others are slow and some are fast, but they all like to run for that special feeling that running a long distance does for them.

While I have done several marathons in the past this year my wife and I have opted for a half marathon.  Mario Madrid, a Houston Criminal Defense Attorney, my business partner, and his wife are doing the full marathon again this year.  Mario's time was so good last year that he made the Houston Chronicle results section for the top finishers.  Fellow criminal lawyer, Tom Radosevich, recently had the best time for his age group in a local long distace race. .  John Boone, chief of the Check Fraud division, has the best Houston Marathon time that I know of at the Harris County Criminal Justice Center.  Judge Marc Carter and his family are all avid runners. Rick Trevathan can recount how he ran one of the first Houston Marathons.

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I had the pleasure of meeting Ruben Guerrero who was recently elected judge of the 174th District Court of Harris County.  Judge Guerrero previously presided over the 263rd District Court of Harris County.  I was not a lawyer when he was a judge, but every attorney that I have spoken to about him holds him in high regards and are eager to see him back on the bench.

I found out that reason Judge Guerrero has not been much at the Harris County Criminal Center is because he sits as a visitng judge often.  I have been impressed how accessible he has been since he won the election.  I have seen in various courts observing the attorneys and speaking with them to get their input.  I envision a smooth transition from Judge George Godwin, who is retiring from the bench, to Judge Guerrero.

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There are many ways a client gets emotional about their criminal case.  Of course, getting a dismissal of their case brings them the most joy, but lately getting a protective order has proven to be similar joyous experience. 

Recently, Judge Karahan, presiding judge of the Harris County Criminal Court at Law #8, removed the no contact portion of my client's protective order.  By a stroke of his pen Judge Karahan brought some normalcy to the life of my client and his family.  I would find it particularly difficult to be apart from my wife during  this time of year and the reaction from my client and his family showed that he felt the same way.  The emotions that flowed from them displayed how a criminal charge changes the family dynamics. 

If you need any help with your criminal case in Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.

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The recent Democratic landslide in Harris County, Texas claimed many fine judges and I am sure it will be ushering many fine ones as well, but in my opinion Judge Caprice Cosper will be missed the most.   She is widely regarded as the fairest judge at the felony level by both sides of the bar.  Every attorney knows that she would listen to their argument before reaching her decision.   No matter what type of legal question arises she is the first looking up the answer even if she knows the answer before she starts looking.  She even goes the next step and shares with you the pertinent law or case that applies. 

She will be missed most by the defendants in her court that are truly trying to overcome their drug addictions.   Judge Cosper's wants every one of her probationers to succeed.  She understands the fighting addiction is difficult and encourages them to continue battling their demons despite the odds against them.  My hope is that newly elected Judge of the 339th District Court, Judge Maria Jackson, seeks her guidance when dealing with this issue so that she can be as influential in a defendant's life.

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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) 242-1779 to speak us for free.

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Kevin Fine recently elected Judge of the 177th District Court of Harris County, Texas hopes to provide a fresh perspective to the bench.   I doubt many sitting judges in the country have such a remarkable story as being crippled by drug addiction and coming back from that to win a county wide election.

As a judge he will be able stare into the eyes of a defendant in his court and candidly tell them that drug abuse can be beaten.  This is vital in a felony court because so many of the defendants are drug addicts and need the hope that the "system" wants them to succeed.  On the other hand, he will be able to recognize the ones that are not ready to overcome their addiction.  He hopes to put this insightfulness to work immediately, and later assist with the "drug court" of Harris County.

While I do not know Kevin Fine personally, all of my dealings with him have been professional and courteous.  He also seems to be knowledgeable about criminal law. I look forward to seeing him grow as a judge. He is going to be a judge that is going to think "outside of the judicial box."

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It seems prices for just about everything are falling...could illegal drugs be next?  This is probably the least of your worries unless you or someone you care for is arrested with a large amount of drugs.  Typically, in Houston, Harris County, Texas the value of the drugs determines the bond amount.  In fact, the bond is set at double the street value.  Just last month gas was selling for half as much as it is today.  If cocaine prices have similarly dropped so would the bonds in a criminal drug case.  For example, if someone was arrested for a drug charge and the street value was $100.000 last month the bond amount would initially be set at $200,000, but if that street value has decreased and now is $75,000 the bond should be set at $150,000.  That is a difference of $5,000 when bonding someone out of jail. 

Recently, I was use this theory as part of my argument to get someone a bond.  The bond in that particular case was initially set at $80,000, but a magistrate judge decided to strip the person of their bond.  I was able to go to the presiding judge and have the bond reinstated and lowered to $50,000.  That saved my client's family over $3,000 when bonding him out. 

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Recently elected District Attorney, Pat Lykos, will be sworn in at the beginning of the year, but she is already putting her staff together.  Jim Leitner, currently a defense attorney and a former Harris County prosecutor will become her first assistant.  Also, Roger Bridgwater, current judge for the 178th District of Harris County, who lost his position to Democrat David Mendoza will be joining her staff as soon as he leaves the bench.  They are both scheduled to be sworn in before the end of the year.

Both Mr. Leitner and Judge Bridgwater have worked as criminal defense attorneys in Harris County, Texas and are respected by the defense bar.  Therefore, they should bring a fresh perspective to the District Attorney's office.

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Texas law requires a county the size of Harris to videotape anyone that is charged with a DWI.  Most agencies usually leave their tape with the District's Office within the week of the arrest.  Commonly, DPS takes much longer to drop off the tape.  In my practice I have waited over a month to see a video made by DPS. 

Lately, I have had cases where the arresting officer does not drop off a video tape.  When that happens the prosecutor has to make a decision whether to dismiss the DWI case or proceed to trial knowing that I will get an instruction for the jury letting them know that the police officer was required to make a video tape of the field sobriety tests.  Luckily, I have come across reasonable prosecutors that have dismissed the DWI case when the video tape can not be found.  I wonder if there is a reason this is happening and will it continue?

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Couples who are thinking of getting married at the Houston City Hall or the Harris County Justice of the Peace you have another option. If you or someone you know is considering getting married through the Justice of the Peace in Houston or in the surrounding Harris County or Fort Bend County area, you should call Mario Madrid or Herman Martinez.

Mr. Madrid and Mr. Martinez are both Associate Judges with the City of Houston and as such may perform weddings. Rather than go to a courthouse that is impersonal and unattractive, exchange your vows at their office with spectacular views of the city from the 60th floor or if you prefer an outdoor weeding at the beautiful Water Wall downstairs.

Contact our office at 713-225-1038 for questions about available dates, times and fees.

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Many of us spend a significant amount of time behind the wheel of a car.    It is common that in our daily commutes we encounter a driver that is overly aggressive that triggers frustration especially after a difficult day.  If you have having one of these bad days be mindful of the consequences of your actions.   In my practice, I have seen witnesses mistake someone from their car displaying a shiny silver cell phone for a gun during an incident. This lead to the person being charged with the felony of aggravated assault. 

Try to keep some of these things in mind before doing anything because a road rage case can lead to very serious criminal consequences.  It is also very common to be charged with evading arrest in these type of cases.

If you need assistance with a criminal case in Houston, Harris County, Texas please contact our law firm at (713) 242-1779.

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A common practice in Harris County, Texas criminal courts is for the judge to admonish someone that is accused of a crime before setting a case for trial.  I am not a fan of this tactic.  Typically, the scenario is like this:  The judge asks the prosecutor "What is Mr. X charged with....  Then the judge turns to Mr. X and says "well Mr. X I can not believe that the State is even offering you that.  Let me tell you that I will not accept any type of plea agreement once we set this case for trial in my court.  In fact, the maximum sentence for this charge is ____."  In this common scenario the judge is assuming that the person is guilty.  They are forgetting that the person before them is PRESUMED TO BE INNOCENT.  Also,  the judge's role is to be neutral.  I always give the example that the judge should act like a referee making sure that everyone is playing by the rules of the court.

In my practice, all of my clients are well informed and know the range of punishment.  I advise them of all their options.  While no lawyer can guarantee the outcome of the case I am there to protect my client and give them my opinion regarding all the possible scenarios.  A person is scared enough during the criminal process that they do not need a judge scolding them for asserting their constitutional right to a trial.

If you find yourself in the position that a judge is making you feel like you should take the deal being offered trust your attorney's advice.  If you do not trust your attorney's advice find another one quickly because you should value your attorney's advice above anyone else in that courtroom.

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Since I am criminal defense attorney in Houston, Texas almost daily I get some form of the following question… I got probation a while ago and I want to know how I can get it off my record. First, it must be determined what type of probation you received. There are two types of probation in Texas. “Regular Probation” is a conviction and can not be “cleared” from your record. Second, some deferred adjudications may be “cleared” from your record. The instrument used to “clear” a deferred adjudication from your record is called a Motion for Non Disclosure. Some deferred adjudications may be “cleared” immediately after sucessful completion. Others may take as long as five years and some are never eligible for a Motion for Non Disclosure. Please keep in mind that most government agencies will still be able to see that deferred.

There a lot of attorneys that tell their clients that a deferred adjudication is not a conviction. This is correct, but anyone with access to public records will find your deferred adjudication until you have your Motion for Non Disclosure granted by a court. Therefore, if possible get your Motion for Non Disclosure filed as soon as possible, if you are eligible.

If you need assistance with clearing your record in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.

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In a lot of instances a court will initially set a very high amount in a case. For example, in a theft case where the value of the alleged property that was stolen is one hundred thousand ($100,000) the court will routinely double that amount and set the bond at two hundred thousand ($200,000). However, if you hire a lawyer before raising the money to bond the person out of jail the lawyer should be able to go to the court and have the bond reduced to a more reasonable amount. In the above scenerio a lawyer would be able to save you thousands of dollars when making a bond. Typically, a bonding company will charge you a 10% fee for bonding someone out of jail. The two hundred thousand dollar bond will cost you twenty thousand dollars and the one hundred thousand dollar bond will cost you ten thousand dollars. Thus,hiring an experienced criminal defense attorney in Houston will pay for itself by getting the bond reduced in addition to all the other things they can do for you.  This is an example of where this was done.

If you need the assistance of a Houston Criminal Defense Attorney with your criminal case in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.

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Here is a question that Houston Criminal lawyers get asked routinely: "There is a warrant out for my arrest...I do not want to go to jail."  "What should I do?"  This is a situation everyone would like to avoid. There are several proactive steps one can take when this occurs. The first thing I would do is contact a bonding company so that I could do what is called a "non arrest bond." If you contact a bonding company and they do not know what that is move on because they probably can not help you. I would hate to pay anyone to be their first case.

A "non arrest bond" is straight forward. This type of bond allows you to avoid any jail time while waiting for someone to bond you out if you get arrested. If you talk to anyone that has spent as little as a few hours in jail they will tell you do not want to be waiting in jail for someone to bond you out. Thus, the non arrest bond allows you to skip the booking process. The bonding company will take your information and  give you a court date to appear with your attorney. If you do this you will be one of the lucky people that will not be hassled by the police and potentially giving them information that you would later regret.

If you need assistance with your criminal case in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.

The Harris County Courts have their own schedule that they follow.  This is their posted schedule.

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