Houston DWI Lawyer | DWI Defense in Houston, TX

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) 242-1779.

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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!

If you wish to consult with a lawyer please call me at (713) 242-1779.

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This is a common question for a criminal defense attorney.  In Houston, Harris County, Texas most lawyers do not get involved in the initial bonding process.  A lawyer may go to the initial court appearance to attempt to get a client's bond reduced so it is easier for them to bond out of jail, but this is only done when court is in session typically, Monday through Friday during normal working hours.  Most of the time when someone is frantically trying to make a bond it is not during the court's working hours.

The type of person that calls me with the this question is usually someone that has never bonded anyone out of jail previously, or thought they would ever be doing something like that in their lifetime.  The bond is based on the person's criminal history, the nature of the offense, and their ties to the community.  If you would like to view the bonding schedule for Harris County, Texas please click here for a felony and here for a misdemeanor. 

When bonding someone out of jail a person has two options.  They may pay the bond themselves, entirely with their own cash.  While I understand that is easier said then done in the present economic times I would highly recommend this option. One of the benefits of this is that if a cash bond is paid it is eventually refunded in full two months after the case is finished.  Also the person would not be subject to any other contractual obligations other than reporting to their court dates.  Unfortunately, most people do not have the entire bond amount readily available so the second option is using a bonding company to help them bond the person out of jail.  A bonding company charges a fee in the range of 10-15% of the bond amount.  Once the fee is paid it is not returned.  Nevertheless, I would think paying the fee beats sitting in jail while the case is resolved.  Most bonding offices are open 24 hours a day to assist potential clients.  One of the drawbacks of using a bonding company are the contractual obligations.

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This is a question I get often by people that call me because they are scared to go to their initial court date without a Houston criminal attorney.  I am embarrassed that I live in a county where this is the case.  The reality is that a criminal court judge should not revoke a bond and put someone back in jail so long as the accused attends their court setting on time, has not been charged with a new crime since their arrest,  and because they cannot afford to hire a criminal lawyer.  Nevertheless, most judges will scold the accused for not hiring a lawyer in a timely fashion.  Thus, do not let anyone scare you into thinking that if you do not hire a lawyer for your first court date in a criminal case that you will be re-arrested in Harris County, Texas.  This is not true for theft, DWI, Assault or any other type of case in Houston.

If you are in the need of a lawyer please click here to visit my website or call me at (713) 242-1779.

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Early voting for the 2010 Texas primaries has started this week.  I am not going to suggest what candidate to vote for, but I have noticed some things that annoy me.  First and foremost, a candidate for any criminal bench should be a practicing Houston criminal attorney.  It is arrogant that someone that has not worked as a defense attorney or a prosecutor believes that they can magically put on a black robe and be able to preside over criminal cases.  If you have never even seen a DWI trial how is someone qualified to judge one.  Also, any lawyer that is running for a felony court bench should routinely be handling felony cases as part of their practice.  Unlike a misdemeanor court the consequences in a felony are much more severe.  We are talking about the potential of someone spending the rest of their life in prison in a felony court.  If a person has not dealt with these types of cases as a lawyer on either side of the bar what makes them think a week at a judicial school will give them the knowledge.  A person may take a scuba class during their Mexico vacation, but that does make them capable of diving for the remains of the Titanic. Lastly, if a person is not qualified enough to pass the felony appointment test they have no business being a felony judge.

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I would think that most people would realize that having one criminal attorney for multiple people accused of a crime would be a bad idea.  In fact, when co-defendants attempt to hire me I go to great lengths to dissuade them for doing this because of the potential conflicts that may arise.  Perhaps criminal lawyers in other countries do things differently, but a criminal attorney in Houston, Texas would advise against two defendants having the same lawyer much less ten defendants.  I am confused why then ten American missionaries that were arrested in Haiti hired only one attorney to represent them.  It is to be expected that they have different stories about how they got into their predicament as well as how much they knew about the plans to take the children from Haiti.  In fact, there are some in the group that feel that their side of the story is not being told accurately.  They finally came to their senses this week and fired their Haitian lawyer.  Hopefully, each will find their own legal representation.

The moral of the story is if you find yourself arrested in Houston with someone else get your own Houston criminal attorney.  A lot of times a person will offer to split the costs for the attorney, but I would advise to go against this route because the lawyer should be someone you choose voluntarily and only has your interests in mind.

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Part of my job as a Houston Criminal Defense lawyer is to negotiate on behalf of my clients.  In all cases the assistant district attorney (ADA) handling my client's case will make us an offer to settle the case in lieu of a trial.  In some instances, the ADA will not be able to make a reasonable offer.  If we decide that we do not find the offer to be appealing we reset the case to come back another day.  Most of the time, the ADA will keep the offer available and will let me know if they plan on withdrawing the offer at some point. It is not standard practice for an ADA to retract an offer before we formally reject it.  This rarity occurs when a new ADA is assigned to a case and they disagree with the offer that was made by their predecessor.  Recently, I had a client decide that they wanted to accept the last offer made by the ADA the day before his next court setting.  Since it was not a jury trial and I did not know that a new ADA was assigned to their case you can imagine what happened next.  The offer was doubled by the new prosecutor.  Despite detailing to the new ADA how we arrived at the proposal the offer was withdrawn.  I was surprised with their final decision and I was left trying to explain this to my client.  This left us with the easy decision of rejecting the new offer and proceeding to trial.  Fortunately, a person accused of a crime is presumed innocent and the fact that they were willing to plea guilty at one point is excluded from their trial.

This situation can happen in any type of case from a simple marijuana possession to a Murder.  It is most likely to happen in a felony case.

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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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I am going to preface this blog entry by saying that I am not one to typically brag about myself on this blog, but this case warrants a mention.  As a criminal defense lawyer in Houston, I hate to admit that most of my clients do not stay in touch with me until they need my help again or someone they know needs my help.  Today, I was fortunate enough to receive some uplifting news from a former client's mother.  Her son made both of us proud after he was able to secure a three year worldwide modeling contract.  Previously, I was able to get a very favorable outcome on his felony case.  This is one of the many reasons that I chose my profession to help others. 

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We enjoy reading emails from people, but lately we have received some that are way too long. to read.  If you can not say what you want to say in one or two paragraphs please pick up the phone and call our office.  We are very easy to reach when we are not in trial.  It would save you a lot of your time.  I must admit that when I receive a long email from our contact form on this blog I think it is something that has been cut/pasted and emailed  to several other criminal attorneys in Houston.  While that might not be the case, I am conscious that I am not giving as much attention as I would  if had received a phone call.

If you are seeking the help of a Houston Criminal Defense Lawyer please call our law firm at (713) 242-1779..

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As a Houston Criminal Defense lawyer I look forward to my next trial.  However, after a year of going to court and trying cases I now look forward toward to my docket slowing down.  Typically this happens on the last two weeks of December since this is the only time that since jury summons are not mailed out during this time of the year.  For this reason, I try to catch up on the things I neglect throughout the year.  For example, I try to schedule as many doctor appointments as I can during this time and take my longest vacation of the year.

Once the new year starts it is a different story.  The month of January is already full for me with trials.  I have at least one case set for trial each week of the month, if not more.  Luckily, I try to avoid both myself and my business partner being in trial at the same time so we do not neglect our otter clients.  At The Martinez Law Firm we appreciate that our clients do not want to be waiting around all morning when they could be back at work.  It never fails that the first two weeks of January are go, go, go since the courts have delayed trials from end of the previous year.

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As a Houston Criminal Defense Lawyer I am always amazed when innocent people confess to crimes that they did not commit.  Many of friends find it unbelievable that this happens and think that is just me being a defense attorney.  The innocence project provides some insight into this dilemma.  I hope that after reading this article more people will have an open mind that an innocent person may provide a false confession to a crime that they did not commit.

If you need the assistance of a Criminal Defense Attorney in Houston please contact our law firm at (713) 242-1779.

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When someone calls our law firm asking whether they should talk to the police in a criminal investigation I always tell them it is never in their best interest to talk to the police.  Typically, the person is concerned about what may happen if they talk to the police especially if they do not speak English.  This is one of the easiest answers I can give as a criminal defense lawyer in Houston.  NEVER TALK TO THE POLICE!  I realize that the answer is counter intuitive to most people, but it is blunt and easier to understand. If you do not believe me watch this video where a law school professor and former criminal defense attorney explains our 5th amendment privilege in great detail.  Even the police officer that follows him in the lecture completely agrees with everything he said.

If you need the help of one of the best Houston criminal defense attorneys please contact our law firm at (713) 242-1779.

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                                                                                                                                                                         Judge Marc Carter, a United States Army veteran, and presiding judge of the 228th District Court of Harris County, will add to his judicial duties.  He will be presiding over a new Veterans’ Court Program in Harris County, that will be the first of its kind in Texas. The goal of this court will be to give a second chance to veterans facing criminal charges. 

The court will aid veterans who turn to drugs or alcohol because of a brain injury or post-traumatic stress disorder related to combat. The Harris County Commissioner’s Court approved a six-month pilot of the veterans’ court earlier this month, that will assist honorably discharged veterans or current members of the military who suffer from mental illness, mental disorder and/or substance abuse because of their military service. In order to be eligible for the pilot court a felony or misdemeanor defendant must be probation eligible and want treatment. The probation will require a defendant to undergo six months of treatment for substance abuse or mental illness at the Michael E. DeBakey Veterans Affairs Medical Center in Houston.

If you or someone you know needs the assistance of a Houston Criminal Defense Lawyer or a Houston DWI Attorney contact me at (713) 242-1779,

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I just got back from seeing Matt Damon's new movie The Informant!    I was looking forward to seeing the movie after the reviews I read, but I must admit that I often find Steven Soderbergh's films lacking much depth and too stylized for my taste.  The last film that he directed that I enjoyed from start to finish was Traffic.  I never got into Damon's character, Mark Whitacre, partly because I  never truly understood his motivation for doing what he did.  I did not understand if the film wanted to be a comedy as the trailer suggests or a drama.  The cinematography seemed to suggest that it was a drama, but the script indicated otherwise.  It was great to see Melanie Lynskey, who plays Rose in one of my favorite television shows Two and a Half Men, playing Matt Damon's wife, Ginger Whitacre.  Overall, it is a DVD rental at best.

Since I was disinterested in the film I started to think about my clients that consider talking to the Government.  I could not believe that a man that is so intelligent would engage in such behavior without first speaking to a lawyer about the consequences of their actions.  While Mr. Whitacre may have been suffering from some sort of mental disease, his wife also passively allowed him to contemplate his actions.  It is clear that when he went to a lawyer it was too late.  He continually refrained from telling his attorneys the full truth and openly lied to them while disregarding their advice.  There is nothing worse then a client that does not candidly speak with their lawyer.  Mr. Whitacre would have been better served speaking with an attorney before contracting with the Federal Government.  The attorney would have advised him accordingly, and if was still interested in going forward he may have been granted immunity for his actions.  Thus, Mr. Whitacre may have avoided the nine years he served in Federal Prison.

If you would like a free consultation regarding your criminal case in Harris County, Texas please contact our law firm at (713) 242-1779.  You should talk to us before talking to the police.

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Mr. Brown better keep in mind that Federal law prohibits him from possessing a firearm since he has been placed on probation for a domestic violence case.  Also, as Ron Chapman, a Florida Criminal Attorney, points out the Federal Gun Law does not allow an employee of someone convicted of domestic violence to possess a firearm during the course of their employment. Therefore his "entourage" should be on notice as well.

Routinely, attorneys fail to mention these consequences to their clients when it involves family or domestic violence.  I imagine it mainly happens when a lawyer that does not practice criminal law decides to "dabble" with these type of cases without knowing the far reaching consequences. 

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There has been a lot of discussion recently on the Houston Criminal Lawyer blogs regarding a specific attorney that has been posting negative reviews about  his colleagues online while inflating his own online presence.  While I was not bashed personally, the actions are no less despicable!  Any lawyer that would talk poorly of another is insecure, lacks credibility, and is dishonorable.  This type of behavior does not belong anywhere in life.  Would someone really hire a lawyer that disparages every other attorney?  The truth is that there are many outstanding Houston Criminal Attorneys.  Since a criminal case takes several months to years to resolve a person should chose the lawyer that they feel most comfortable with and trust wholeheartedly with their criminal case.  This should be done after thoroughly checking the Texas State Bar for any disciplinary penalties as well as checking websites like Avvo.com where lawyers are reviewed independently.  You will not hear me denounce a colleague for a business advantage.  The bottom line is you should research the attorneys you are initially interested in hiring, meet with a couple of them in person while hiring the best fit for your particular case.

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I have had three calls this week from people with the impression that somehow their criminal record gets erased after seven years.  What is worse than the fact that this is inaccurate is that they say they were told this by the attorneys they hired , who stated this is the law . Let me be clear when I say that a conviction will not be erased from your criminal history regardless of the length of time elapsed since it happened.  A case is permanently part of your ciminal history unless one of the following occurs: dismissal, pretrial diversion, deferred adjudication (in limited circumstances), or a special expense fee is paid.  Therefore, simply paying a fine, receiving probation, or any jail sentence will result in a final conviction that will not be erased off your record after a length of time.

Anyone charged with a crime should hire a lawyer that deals exclusively with criminal law so that they do not receive such misinformed advice. 

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Late last year and this year there has been a steady stream of Harris County District Attorneys  leaving the office.  This should not come as a surprise after Pat Lykos, was elected as the District Attorney.  Some have taken the traditional route of becoming a Houston Criminal Attorney.  Others have decided to continue as a prosecutor in Galveston, Montgomery, or some other county in Texas.  Curiously, not one has been hired by the Fort Bend District Attorney's Office.   I wonder why  Fort Bend County, Texas is the only neighboring county not to hire the former prosecutors?

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A lot of my colleagues that are Criminal Attorneys in Houston have offices in or around downtown, but I much prefer that our office is in the Galleria area.  We started with a law office downtown, but after two years we made the move to the Houston Uptown area and have never looked back.  Most people would rather get a root canal than go to downtown Houston to visit a criminal lawyer during weekday business hours.  It is difficult to navigate, parking is a nightmare, and even if one does find parking it is either far from the office and/or incredibly expensive.

For the past four years, our law firm has been located in the Williams Tower, formerly known as the Transco Tower, the 4th largest building in Texas and originally the largest building outside of a city's business district.  By having an office in such a recognizable building most people do not need directions to our building.  The few times that they get lost we can simply tell them to look for the tallest building in the area.  The Tower is also a world renowned piece of architecture.  The parking garage is attached and it is free since we validate the client's parking ticket.  Also, when people come to our office they marvel at the view from the 60th floor.  Its incredible!

Lastly, most people that have lived in Houston for a while have been to the Houston Galleria to shop, visit the skating rink, enjoy the water wall (the most photographed site in the city), or people watch.  A trip to our office allows someone to relax after the stressful event they have endured.

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In case you missed it the Harris County Commissioners Court decided to appoint a Jail Czar to act as a liaison between the Harris County Judges and the Harris County Jail.  Caprice Cosper, former judge of the 339th district court, will serve as the Jail Czar.  I have personally seen Judge Cosper tirelessly work for the fair treatment of anyone charged with a criminal offense in Harris County.  Thus, I have no doubt that she will do the same job when it comes to seeing that a person is treated appropriately while incarcerated in the Harris County Jail. 

If you need help avoiding a jail sentence please contact our Houston Criminal Attorney law firm at (713) 242-1779 or just click here to visit our website.

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Recently, I reviewed the results of the search terms regarding our website www.mmalaw.com and noticed that a lot of clicks to our website were made when someone was looking for the rules and regulations concerning mixed martial arts.  I guess that the logical reason for that is that "mmalaw" sounds like it would deal with the laws regarding that sport.  I would imagine that the people clicking on our website will be disappointed to find out that I am a Houston Criminal Attorney and a Houston DWI Lawyer and not an authority on mixed martial arts. 

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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) 242-1779.

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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 our law firm at (713) 242-1779.

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As a Houston Assault Lawyer 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.

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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.

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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.

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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?"   

If 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.

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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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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) 242-1779.

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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 click here to visit our website or call our law firm for a free consultation regarding your criminal case (713) 242-1779.

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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) 242-1779 or visit our website.

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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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One of my clients recently published her DWI arrest experience.  She wanted to inform the public to know what it is like to get charged with a DWI in Houston.  As her Houston DWI Lawyer she was nice enough to allow me to post it here.  Despite getting her case dismissed she still felt the need to inform the public about what it is like to be arrested for DWI.

One Sunday evening, I joined 98,000 other Texans who share a similar plight.  I was arrested for DWI.

I was at a party hanging around, eating and drinking..  It was that last Shiner Bock that wrecked my life.  The drive home wasn't far, but somewhere along the way a police officer got behind me and thought I wasn't driving "quite right"- not staying completely in my lane.  He pulled me over and asked the usual questions about insurance, and he asked if I had been drinking that night.  I was surprised by that question.  Why would he ask that?  I was driving fine.  I knew that I wasn't drunk.  For some reason, the cop thought I might be.  The next thing I know he has me out of my car and I am doing some tests.  Incredibly to me, I am being arrested.  My car is being towed, I am not given a receipt, or where it would be towed.  I had to beg to be allowed to get my purse before it was towed.  Suddenly, this was all starting to feel quite surreal.  I cannot describe the feelings of humiliation and confused and despair as I sank into the bank seat of that dark police car, my hands locked in metal cuffs behind my back, totally alone, not having a clue what was to happen.  How could this be happening to me?

Arrested?  Going to Jail?  Me?  How could this be happening to me?  I am an upstanding citizen.  I am a good person.  I own a home, a car, I have a college degree and a good job, I go to Church, I walk my dog, once I hammer nails for Habitat for Humanity.  Doesn't the cop see the 100 Club sticker on my rear window?  How could this be happening to me?

If you would like to speak with a Houston DWI Lawyer contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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As I was waiting to talk to a judge I was noticing a newly licensed Houston criminal defense attorney take a DWI plea in a misdemeanor court and wondered if their client knew that they will be imposed a surcharge of $1,000 a year for the next three years from DPS for their conviction.  This year I have had clients seeking an occupational license, but were not aware about this surcharge and not realizing that the court will not grant the license unless the fees are paid. A DWI attorney must advise their client of all the consequences.

Most importantly, a person may be arrested for driving with a suspended license if they do not pay the surcharges despite not being told by anyone.   Thus, all misdemeanor judges should take the step and admonish everyone that is before them and going to plea guilty of DWI that a surcharge will be imposed by DPS.

If you are searching for a DWI Attorney in Texas please contact our law firm at (800) 724-1876 or visti our website at  www.mmalaw.com.

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I have heard two different Houston Criminal Defense Attorneys this week trying to negotiate with the prosecutor that deals with crimes against children in Harris County, Texas, Texas for a waiver of the sexual registration requirement in an aggravated sexual assault case in Houston.  This would be something that every attorney that practices sexual assault in Houston would request except that the prosecutor is not allowed to do such a thing unless they reduce the charges to something that does not require registration.  I noticed the prosecutor completely disrespect the attorney after such a uninformed comment.  Frankly, any attorney that makes such a dim witted comment subjects themselves to criticism.  I feel for the client that is likely being given bad advice concerning sexual assault registration.

If you would like a free consultation regarding your sexual assault case contact us at (713) 242-1779 or click here to visit our website.

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I just got back from vacation and realized that I am so lucky to know that our client's needs are being taken care of despite my absence.  Let me explain...most criminal defense attorneys in Houston are solo practitioners or have an associate working for them.  When this is the case a client is unable to reach the lawyer they hired when they are away from the office on vacation or in trial.  That is one of the many reasons that I am fortunate to have a business partner like Mario Madrid.  Mario and I have been criminal lawyers for over twelve years.  We meet and discuss every case with our clients.  We handle every case as a team and know all the pertinent facts surrounding our client's cases.  Whenever a client needs one us we are there for them.  If we are not in the office one of assistants will give you our mobile phone so you reach us.  We even answer our phone after normal business hours.

If you, or  a loved one has a criminal matter that you would like to discuss feel free to call our office at (713) 242-1779 or visit our website at www.mmalaw.com. 

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Yo soy un abogado en Houston.  Si udsted necisita un abogado que habla Espanol para casos criminal por favor llamar nuestras oficina gratis (713) 242-1779.  Todos los abogados en nuestra oficina hablan Espanol.  Oprima aqui para nuestra website.

Si udsted tiene un caso de asalto, DWI, robo, o drogas yo tengo la experiencia para ayudar con su caso.

Herman Martinez

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As a criminal defense attorney in Houston,Texas I have appeared on television several times over the years.  So I thought it would be a breeze when we made a few videos for our law firm.  Boy was I wrong.  It is much easier to talk about specific question on television than having to talk about our law firm.  What I thought would take a hour max ended up taking twice the amount of time.   Most interestingly, was that the Spanish videos were the easiest to do.

If you would like to see the finished products take a look at www.mmalaw.com or www.dwiattorneysinhouston.com.

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As Houston Criminal Defense Lawyers we get most of our clients via referrals.  I would say over fifty per cent of our clients come from previous clients referring their friend or family members to our law firm.  While fellow attorneys refer us cases I must admit that I prefer one from a former client.  Aside from the obvious benefit of this is that the satisfying feeling we get when hear that a former client speaks highly enough that someone desires our services.  I can assure you that having a former client that was delighted with our representation is one of most gratifying parts of our job.

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I have been going to Sugarland, Fort Bend County, regularly so I took the time to speak with a colleague who also practices there and he told me that he has experienced a significant rise in his business.  It seems like violent crimes such as aggravated assault, and aggravated robbery have increased throughout Fort Bend County. Typically, when serious crimes like these increase other less serious crimes like Assault, DWI, and Theft also increase.

You will need an experienced defense attorney to fight your criminal case.   Please call our office  at  (800) 724-1876 for a free consultation or visit our website at www.mmalaw.com.

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It is always best to read over any document that you sign more then once to completely understand it or at the least least take someone with you that can help you catch something that you may have missed otherwise.  There will always be deceitful companies that try to take advantage of people when they are down and vulnerable.  I experienced this type of underhanded behavior when I was prosecutor.  I had to routinely refuse charges when rental agencies brought charges against the people that had leased furniture from them despite the payments made exceeding full market value, but for one reason or the other could not make their monthly payments any longer.  Similarly, an unscrupulous loan company has a clause in their no interest contracts stating that if all payments are not made the loan turns into a lease at any time.  These people lose all the money that they have paid and could potentially be charged with theft if they keep the property without making the revised payments since the loan/lease company has a greater right of ownership.  While this behavior is deplorable I can see it happening.  Luckily, anyone charged with a crime is PRESUMED to be INNOCENT. 

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I like to refrain from commenting on local criminal cases, but Emilio Navaira's DWI case illustrates several different aspects about a criminal case in Houston that are important to note.  First, since his injuries were severe it showed that the accused needs to be competent to stand trial.  Second, it depicts how long a DWI investigation can last. In this case it was close to a year.  Third, it illustrates how the Harris County District Attorney's Office still may charge Emilio with intoxication assault since other people were injured in the accident. 

Emilio was smart to post a non arrest bond when he was notified that there was a warrant for his arrest. This allowed him to skip being formally arrested and booked into a jail.  Moreover, his bond would have been set around $1,000 because he only has one previous criminal conviction.  However,  he was also charged with his second DWI in Bexar County before this incident raising the bond in this case to $5,000. Also, he signed an affidavit stating that he did not own a vehicle to the Bexar County Court, therefore the reason that he needed to do this is because the law provides that in this situation the accused must install an ignition interlock device in their vehicle.  A person that does not own a vehicle also signs this type of affidavit in Harris County, Texas, but in a lot of courts the person must also get fitted with a scram device. 

On the bright side, while Emilio looks to the non-criminal lawyer to be a third DWI offender under Texas law he is actually still considered to be a second offender  because he has never been convicted of  a second DWI.  This is significant to mention since a third offender would be facing up to ten years in the Texas Department of Corrections instead of one year in a county jail for a second DWI offense.

Mr. Navaira's case will be heard in the Harris County Criminal Court at Law #11 where Judge Diane Bull presides. 

If you need assistance with your DWI case please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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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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When I became a criminal defense attorney in Houston over ten years ago I was told that our area of law is recession proof.  This was not the reason why I entered criminal law.  In the past, I never took the economy into account.  However, the media shows different companies failing daily.  That made me reflect on what I was told when we started our Houston Criminal Defense law firm.  I must admit that when the downturn started I was apprehensive on how the legal field would be impacted by the recession. Surprisingly, our criminal defense practice has seen a steady increase of business during this time.  Perhaps, our field of law is recession proof... it looks to be the case so far.

Over the years,  I have realized that when we do outstanding work our clients recommend us to their friends and family when they need help with a criminal matter.  I always feel humbled when a previous client recommends us.  It says a lot about the work we did for them.   It tells me not only that we did a great job for them, but that they trust us enough to represent a friend and/or family member with their freedom.  We understand the stress and the feeling of uncertainty that someone is experiencing when they are charged with a crime and strive to relieve them of these feelings. 

During these difficult times we will continue to offer free consultations.  We will also offerpayment plans, and our fees are very reasonable.  Thus, if you have any questions regarding a criminal issue contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.

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If you need the assistance of a lawyer please contact me at (713) 242-1779.

A theft/shoplifting case like a criminal mischief case is determined by the amount that is alleged to have been stolen.  If the dollar amount is less than $50 then it is a class "c" misdemeanor.  A person can not go to jail for these type of cases.  In fact, the punishment is only a fine.  Once it is over $50  it becomes a class 'B" misdemeanor.  A person can go to jail for up to 180 days and/or receive a fine up to $2,000 for this level of offense.  If the amount alleged is over $500 but less than $1,500 it becomes a class "A" misdemeanor and the punishment increases up to one year in the county jail or a fine up to $4,000.  A theft/shoplifting becomes a felony one of two ways.  It could become a felony if the person has been convicted twice before of theft.  Please keep in mind that a deferred adjudication is not a conviction.  Next, it could become a felony if the amount is over $1,500.  If the amount is over $1,500 but under $20,000 it is a state jail felony.  The range of punishment for this offense is not less then 180 days and no more then 2 years and a fine up to $10,000.  If the amount is over $20,000 but under $100,000 it becomes a third degree felony where the range of punishment if from 2 to 10 years in the Texas Department of Corrections and a fine up to $10,000.  If the amount is over $100,000, but under $200,000 you are facing a second degree felony where the range of punishment if from 2 to 20 years in the Texas Department of Corrections and a fine up to $10,000.  Finally, when the amount is over $200,000 a person is facing a first degree felony where the punishment is from 5 years to 99 years or life in the Texas Department of Corrections and a fine up to $10,000.

As you can see a theft case is very serious.  As I have mentioned before even a minor theft case is a crime of moral turpitude. .

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As a Houston Theft Lawyer one of he first things that I tell someone that has been arrested for theft or shoplifting is that  these charges are considered to be crimes of moral turpitude.  Moral turpitude is a legal term of art with no generally accepted definition. In general, "crimes of moral turpitude" cover conduct involving dishonesty, These type of crimes can cause serious immigration consequences, impact professional licenses, or prevent employment.  Thus, it is of utmost importance not to be convicted of a theft or shoplifting case.  Almost daily I get a phone call from someone that decided to take the easier route of just paying fine instead of attempting to successfully complete a deferred adjudication.  While this may have seemed to have been a good idea when someone was a teenager they ultimately regret the decision a few years down the road when they attempt to start a career only to find out that everyone is now labeling them a thief.

If you need assistance with your theft case contact our firm at (713) 242-1779 or (800) 724-1876 for a free consultation.

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Since I have not worked much in Judge Herb Ritchie (337Th District Court) or David Mendoza (178Th District Court) I have not written much about their courts.  The one thing that both of them have done is taken the lawyers out of their courtrooms except for pleas.  I have not asked them why they have done this, but I suspect it is due to the graphic facts that we sometimes have to discuss in court.  For those of us that have been doing criminal defens in Houston work for a long time we find it easy discussing these facts, and the discussions while professional can be graphic and offensive to the casual observer seated in the audience.  For now, cases will be discussed in the jury room in Judge Richie's court and in the vestibule in Judge Mendoza's court.

If you need assistance with a criminal case in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.  You will find our fees to be affordable.

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I enjoy gathering as much information as I can before making a decision.  For example, if I am going to buy a new television for my home I check cnet, Amazon, and read every review about the TV to narrow my choice.  Since I use these type of websites frequently before making a decision I feel obligated to contribute to Avvo, a free legal website, that provides legal assistance on various legal topics to the public.    Avvo allows a person to post a question while attorneys take the time to respond.  Additionally, it has created a system that rates every attorney across the country for people to review.

A word of caution...I find it troublesome that Avvo does not restrict lawyers to the jurisdictions that they are either licensed in or their respective area of practice before giving an opinion.  I would be very wary of a Washington lawyer commenting about legal issues in Texas.

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I have discussed steroid use in baseball a lot with my friends.  It has been an issue with us for most of this decade if not earlier.  Today, the current saga involving Alex Rodriguez,, Miguel Tejada, Roger Clemens, Barry Bonds, and Mark McGwire should be a lesson to those that are considering  talking to the Government without consulting with an attorney beforehand.  If you notice the ones that did not to speak to Congress or asserted their 5th Amendment privilege like Mark McGwire are not facing criminal charges.  Similarly, Alex Rodriguez told Katie Couric he never used steroid.  Of course, today we know the truth about Rodriguez, but he is not facing criminal charges.  On the other hand, Miguel Tejada has been convicted of misleading Congress.  Ironically, Tejada was not convicted for lying about his own steroid use, but for not disclosing a teammate's use. The same prosecutors that got Tejada are pursuing perjury charges against Roger Clemens.   In the case of Barry Bonds one of the numerous charges against him is that he told a grand jury that he had not been injected by anyone other then his doctors not that he has never used steroids.

What has happened to these famous, wealthy, and iconic players should serve as an example to anyone that is considering talking to the Government.  Despite all their fame and millions of dollars they did not escape the tentacles of the Government .  Thus, consult a criminal defense attorney before you make the same mistake.

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Last week while I was getting ready for work I listened to the song, "She Talks to Angels" by the Black Crowes.  For those of you who are not familiar with the Black Crowes, they are a blues rock band who came to fame in the early 90s. Their lead singer, Chris Robinson, was married to Kate Hudson, Goldie Hawn's daughter.

This song always bring back memories. The first memory is of an old friend from college, Bill. But I can't think of Bill without thinking of Mary a client who I met about 15 years after Bill.

I worked with Bill at the Blackeyed Pea. We worked together waiting tables at the University of Houston location. I was a freshman and Bill was a 42 year old from New Orleans who used to work doubles almost every day to pay for his vices, drinking and gambling. I was 18 and working my way through school and often worked doubles myself, so we developed a friendship.

After work we used to frequent local watering holes. There was a dive across the street from the law school that we spent a lot of time at.  We'd play pool and have a couple of pitchers of beer. The bar had a jukebox.  I would always put in a dollar to listen to music and I always included "She Talks to Angels" in my mix of songs.

I went on to law school and later the Galveston DA's office before starting my private practice. I am not sure what became of Bill. I met Mary some years later. I represented her in Harris County Criminal Court at Law #12, Judge Robin Brown. Mary was charged with a Class A Misdemeanor of Assault. There was going to be no plea bargain with Mary. It was either trial or dismissal.

It had become personal for her. She got in a fight with another woman in her trailer park and since she got the better end of the fight, she was charged. The fight was over music. When I asked her how music could lead to a fight, she explained to me that a particular song always reminded her of her old man. She was drinking and upset  because he had left her and was listening to this song. A friend of her's came into her trailer and jokingly began picking on her by turning off her stereo. Mary warned her that if she did it again she was going to be sorry. Well guess what? She was sorry. Mary popped her and the fight ensued with Mary throwing her friend out of the trailer, who in turn called the police.

When I asked Mary what song was so important to fight over, she told me it was "She Talks to Angels" by the Black Crowes. Not only that, it was the rare acoustic version. I knew exactly where Mary was coming from. Mary turned out alright, at least in regards to this case. It was dismissed when the State was unable to locate her friend.

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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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I walked into the 338th District Court today for the first time since Judge Hazel Jones took the bench.  It felt like I was at my sister's wedding since I have known her for so long.  Judge Jones and I started at the Harris County District Attorney's Office as prosecutors over twelve years ago.  I am very proud of Hazel's accomplishments and glad the we have maintained a friendship throughout the years.    I am confident she will be a terrific judge.  She has the experience of being a former County and Federal prosecutor as well as a defense attorney.  In fact, I was able to see and hear her listen to both the defense attorney and the prosecutor that were arguing before her this morning.

Also while in the same court, I ran into a criminal defense attorney that  I tried a case against, when I was a prosecutor in the 338th.  I remember making this attorney so mad and frustrated during our trial that he was held in comtempt by Judge Mary Bacon on his birthday.  Luckily, he is a good sport and we have a laugh about it now. 

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Congratulations to Houston Criminal Lawyer, Mark Bennett, for winning the 2nd Annual American Bar Blawg Poll despite actively campaigning for someone else to win.  Mark writes the insightful and biting blog Defending People.

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The new year has brought many changes at the courthouse. As Houston Criminal Defense Lawyer I must take a wait and see approach. The new District Attorney Pat Lykos will undoubtedly bring changes that will effect how prosecutors deal with certain cases. There could be more or less freedom to negotiate. Time will tell and we will adjust accordingly.

Eight new judges have taken the bench in felony district courts. It was pleasant suprise to walk into newly elected Judge Randy Roll's courtroom, the 179th District Court, at 9:30 and see that business is being conducted at that hour. The prior judge in this court, Judge Michael Wilkinson was fair and a nice person, but court normally didn't get started until after 11:00. Clients had to be to court on time and sit and wait. While most courts were wrapping up around noon, the 179th was just getting started. The new change under Judge Roll is encouraging and welcome.

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Si...yo soy un abagado que hablar Espanol en Houston. (713) 242-1779.

During law school I was hired by several law firms to serve as an interpreter.  Those experiences ranged from going over legal documents to complex multiple plaintiff litigation.  It emphasized the obvious  need that if the attorney could not communicate with their client they quickly found someone that could.  That seems like common sense, but I am always amazed when I hear non Spanish speaking attorneys trying to communicate with their clients without an interpreter at the Harris County Justice Center.  I even know of one attorney that carries with him one of those travel translation devices to communicate with his clients.

I realize that it is up to the client who they hire, but an attorney has a duty to make sure that their client understands everything that is being discussed.  At the very least, the criminal defense attorney should have someone with them to interpret all the legal documents to their clients.  That non Spanish speaking attorney should not ask me in court to interpret their plea papers because I flatly refuse such requests.  There are several reasons I will not interpret for a colleague.  The most important is how do I know that the lawyer has fully discussed all the legal options available to their client and the client understood  them.  My suggestion will always be to reset the case and bring an interpreter.

Luckily, all felony courts in Houston, Harris County, Texas require an interpreter before a plea agreement is accepted by the court.  Perhaps, this is something that the misdemeanor courts in Houston, Harris County, Texas should start doing as well.

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I would to thank my business partner, Mario Madrid, my staff, my peers, and all those that I associate with at the Houston Criminal Courthouse, on making 2008 a successful year for me.  I am even more grateful this year to see our business grow when many others have failed.  Wishing everyone a prosperous 2009!

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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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Houston, Harris County, Texas criminal courts are using another device against repeat DWI offenders.  A second time DWI offender is required to install a guardian interlock device while on bond awaiting the resolution of their case even if they are innocent of the new charges.  The guardian interlock device is a mechanism similar to a breathlyzer which is installed in a vehicle's dashboard. Before the vehicle starts, the driver must breathe into the device.

A more advanced interlock device is now on the scene that takes a picture of the person blowing into the device. Thus, a record is made of whoever is blowing into the machine.  The maker claims to be fool proof, but I doubt that since we have seen so many false positives with the regular interlock device over the years.  More importantly, are other drivers allowed to use the vehicle without a picture being on file?

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As a DWI attorney in Houston I dislike having to tell my clients abut all the hidden costs of a DWI. Everyone knows about the fines and court cost that are associated with a DWI conviction.  What most people do not know about are the surcharges imposed by DPS if someone is convicted of DWI.  Also, a person's automobile insurance rates are likely to go up and their credit rating will be negatively impacted.  Even life insurance rates are harder to obtain after a DWI conviction.

 Thus, it is important to hire a lawyer that is experienced with DWI defense.  It does not matter if you are charged in Houston, Conroe, Friendswood, Sugarland, Missouri City or Richmond the consequences and cost are all the same.  If you like to talk to me about your DWI case call me at(800) 724-1876 for a free consultation.

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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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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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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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The courts of  Harris County, Texas are always attempting to monitor a person's alcohol consumption when charged with a DWI. There are several reasons the court attempts this, mostly it is because as a condition of probation a person is not allowed to consume alcohol. Another is because a person has been previously convicted of an alcohol related driving offense and now there on bond in their court. The ways the court has tried to do this include:
 

• by ordering for urine analysis,
• random alcohol screenings,
• installing breath reading equipment in your home or vehicle (interlock), and
• ordering the SCRAM Device

The SCRAM (a Secure Continuous Remote Alcohol Monitor) allows the court to monitor your alcohol intake continuously.

When the SCRAM device is ordered by the court, a person will be fitted with a tamper-resistant ankle bracelet made up of two boxes. One box will conduct the tests that will compute your BAC (blood alcohol content). The second box stores the calculations and transmits the data. The SCRAM device is designed to test your BAC level every hour. If the device detects any alcohol in your system, the test repeats every thirty minutes.
 

There are many different reasons the court orders a SCRAM to be installed. The reasons include being convicted of alcohol related offenses in the past; a person states that do not have a vehicle to install the guardian interlock, or a judge that finds it to be the best way to monitor an individual.
 

The SCRAM device is expensive.  You will have to pay a refundable $100 deposit, a $75 fitting fee, and a weekly fee while you are wearing the device . Most importantly, the fees must be paid in full before the device is installed and fitted.

 

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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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The simple answer is probably not. Most people believe that a case may be thrown out of court if the police officer does not provide them with their "Miranda warnings" when they are arrested. I am confident that this belief comes from the abundance of television programs that show the Miranda warnings given whenever someone is being arrested.

A Miranda warning is necessary if the police officer interrogates someone and wants to use  their responses as evidence. If the police officer fails to give you a Miranda warning, nothing you say in response to the questioning can be used as evidence to convict you.  Additionally, under the "fruit of the poisonous tree" rule, if the police officer finds evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial.  For example, if you tell the police officer where a weapon is hidden and it turns out that you gave this information in response to improper questioning, the police officer will not be able to use the weapon as evidence unless the officer can prove that they would have found the weapon without your statements.

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As a Houston Criminal Lawyer I get asked this question routinely..."what is the difference between an expungement and a motion for non disclosure?"  This is like comparing gold and silver  Both are precious metals, but one is more sought after and harder to obtain.  Similarly, an expungement is more sought after and much harder to get then a motion for non disclosure.

First, you are only able to get an expungement if your criminal case was dismissed.  There are essentially two ways that your cases are dismissed.  A prosecutor may choose to dismiss your case or a grand jury may refuse to indict your case.  Most people believe that once their case is dismissed the case  is expunged.  This is incorrect.  In fact, once your case is dismissed you must wait until the statute of limitations has expired.    Once the statute of limitations has expired you are able to file the expungement petition with the local district court of the county where the case was heard.

If you are found not guilty at trial your case is typically expunged automatically by the court.  Your trial attorney should explain this process to you.  Our firm provides this service at no additional cost to you.

The least common way that people get their cases expunged is after successfully completing  a class "c" deferred adjudication.  Again, you must wait until the statute of limitations has expired to file for an expungement of your criminal arrest.

The best thing of getting the expungement is that you can legally state that you have never been arrested.  Your record is wiped clean!!!

Conversely, you may get a motion for non disclosure even if your case was not dismissed.  The only way to qualify for a motion for non disclosure is if you have successfully completed a deferred adjudication.  Most misdemeanors qualify for a motion for non disclosure immediately.  There are some misdemeanors that are ineligible for a motion for non disclosure.  The most common misdemeanor that is ineligible for a motion for non disclosure is the crime of family violence assault. 

Similarly, most felony cases may be eligible for a motion non disclosure, but you must wait at least two years after completion of the deferred adjudication.  There are lot more felony crimes that ineligible for a motion for non disclosure.  For instance, any crime that involves sexual registration would be ineligible for a motion for non disclosure.

Once the motion for non disclosure is granted by the court it keeps the general public from discovering your criminal history.   This allows a lot of people better job opportunities, better credit, and rent an apartment . 

Despite having a motion for non disclosure granted law enforcement and other government agencies will have access to your criminal history.  Regrettably, this prevents a lot of people from obtaining or keeping  those type of jobs. 

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.

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If your DWI breath test case was reviewed by Deetrice Henderson Wallace, a scientist hired by Houston area police agencies, to inspect Intoxilyzer machines you may be in luck. The Texas Department of Public Safety has invalidated all breath tests she reviewed.  Thus, your case may be found to be lacking sufficient evidence for a criminal conviction. 

I am confident that the Harris County District Attorney's Office will review each case individually in order to determine if they warrant a dismissal.  The problem that I foresee is that the DA's office destroys all DWI video tapes after the case is over.  Regardless, without a DWI tape or a breath test their DWI case becomes much harder to prove.  I think they are going to find it problematic to review a DWI case when their key pieces of evidence are missing.  Therefore, you may see more DWI dismissals by the Harris County Districts Attorney's Office after this announcement.

Ms. Wallace has been charged with the state jail felony of Tampering of a Government Record.  The range of punishment for a state jail felony is from 180 days to two years.  Her case will be heard in the 182nd District Court of Harris County, Texas.  The presiding judge of that court is Jeannine Barr.  I am curious to see what the outcome of this case will be considering the damage it has done to credibility of future breath tests.

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A bit like Bruce Wayne in Gotham the Houston Police Department is rolling out a DWI mobile van this Halloween weekend.  The van is being hailed as the first of its kind.  The Houston Police Department even expects to have several more of these vans on the streets soon.

I imagine the samebreathalyzer machine will be used in these vans.  If so, will the machine's owner release the software pertaining to how the machine works.  If a machine is going to brand someone a criminal and effect their life so much the accused deserves to know how it works.  Typically, prosecutors say that it is a trade secret of the company that makes the machine.  That poses the question what is more important, the trade secrets of a company or the constitutional right to due process, which surely includes the right to examine a machine used to determine if someone is guilty?

If you take the route of refusing to take the breath test you are not out of the woods.  The DWI van is equipped for a quick warrant to be faxed in where an on-call judge can force the involuntarily draw of blood from the accused.  Does that mean that the van will have nurses ready to draw blood?  How well will the Houston Police Department be able to preserve the evidence?  We all know how well the Houston Police Department has handled important evidence in the past.

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Valentine's Day is fast approaching and many couples in Houston are looking to celebrate this romantic day with marriage.

Attorneys Mario Madrid, as a Municipal Court Judge, performs wedding ceremonies. If you are in need of a wedding officiant on Valentine's Day or any other day call Judge Mario Madrid at 713-225-1038 to discuss arrangements.

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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) 242-1779.

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When I tell people that I am a criminal defense lawyer, I am often asked "How can you defend someone you know is guilty." The question actually has different meanings to different people. To some, it often assumes that the "guilty" person should simply "take what's coming". To others it is morally wrong on my part to assist someone that is charged with a crime.   Routinely, their feelings dramatically change when one of their friends or family member is charged with a crime especially  if that person is facing incriminating evidence, the need to post bail, and find a lawyer.  Their question changes to How can you help us?"

I will not bore you with what I tell people the first two type of questions.  A person accused of a crime is faced with many dilemmas. They discuss their problem with non lawyers, and often receive bad advice from those they trust the most.

Most everyone wants to cleanse themselves of the incident by telling someone about the facts. They immediately want to know if there are going to be found guilty.   Sometimes the answer is obvious. Often it is not.    Whatever the facts of any particular case, my job is to provide the best defense I can. I am responsible for the identification of possible defenses, and defense strategies. I must discover, organize and prepare the evidence, and research the applicable law. This not only includes the law describing the crime alleged, but also, and often more important, the law as it relates to the evidence the prosecution will be able to use against us, and the law that may prevent us from using important evidence.

The complex and confusing series of sentencing rules and laws are also important to understand in order to fairly evaluate the prosecutor's plea offer. What is the "exposure"? If we go to trial how likely is it that we will win and if we lose, what's the worst case scenario? What are the mitigating and aggravating factors that might be considered if we lose.  Do we request a Pre Sentence Investigation, entering a plea of guilty and leaving the punishment up to the judge.

If someone seeking a lawyer speaks to two or three lawyers, he will probably hear fees quoted that differ dramatically. Often the "best price" buys little more than "holding the defendant's hand" while they plead guilty. I have also seen very high paid  lawyers do what appeared to be second rate work or failing to inform the client of all their options.

In some instance, I know early on that a trial is not the best course. Just because I know the prosecutor will be able to prove that a crime has been committed, and that my client did it, does not mean that something can not be done. Even when you know a trial is not likely, it is still important to prepare as though there will be a trial. Preparation is necessary in every case.



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As an Houston Criminal Defense attorney that helps those charged with DWI I have helped all types of people.  Despite the different backgrounds of my clients they have several things in common.  Mainly, they say the can not believe a DWI happened to them.  For many, a DWI charge is the first time they have been arrested for a crime.  Also, they never intended to drive while intoxicated.  Not surprisingly, the law the does not require that a person intend on driving while intoxicated like most other crimes.

If you have been arrested with for DWI/DUI keep several things in mind.  After getting some needed rest read the forms the police officer gave you.  At the bottom of the main form you will find the contact information to save your drivers license.  You have 15 days to schedule a hearing to save your license.  You should do this before even talking to an attorney.  Next, speak to several attorneys on the phone and schedule as many office interviews as you can.  Most DWI attorneys like myself will offer a free consultation.  Choose your DWI attorney based on your instincts.  Decide if you and the attorney are a good fit.  Do they answer all your questions?  How easier will it be to get a hold of them?  What type of experience do they have with DWI/DUI cases?

Many people are embarrassed about being arrested for DWI/DUI, but  keep in mind that it truly can happen to anyone even a judge that routinely handles criminal cases.

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A Houston DWI arrest has many consequences.  For example, you could use lose your drivers license, your insurance rates may increase, and in Texas surcharges may be assessed.   The last thing you want to do is make matters worse by trying to steal a police officer's car like someone tried to do last week.  The police could decide to charge the person with DWI and also theft.  In the above scenario the person could be charged with a felony since the vehicle is likely to be worth over $1500.

In Texas,  the state may prove that is a person is intoxicated one of three ways.  They must prove that the person has lost the normal use of their mental or physical faculties or that their blood alcohol level is above .08.  Do not assist the state by doing something like is mentioned above. In fact, try to do as little as possible.  The best thing is just to be polite, and allow the police officer do his job while you say as little as possible.  Keep in mind that you have the right to remain silent whenever you are being investigated by the police. 

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Robert Hood, a Texas resident, was able to get arrested four times in two weeks for driving while intoxicated. Remarkably, this occurred in the states of Wyoming, South Dakota, and Nebraska.  Would this be possible in Houston, Harris County Texas?

A person with no prior DWI convictions would still be considered a first offender in Texas.  Luckily, Mr. Hood has not been convicted of DWI so he is still a first offender.  Nevertheless, most judges in Houston would have made it difficult for Mr. Hood to drive a vehicle and treat him like a repeat offender while on bond.  For instance, anyone who is arrested for DWI/DUI charge while on bond for DWI would be ordered to have a guardian interlock device installed in their vehicle.  A guardian interlock device is an in car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit of .02 (i.e., 20 mg of alcohol per 100 ml of blood). The device is located inside the vehicle, near the driver’s seat, and is connected to the engine’s ignition system.  Moreover, their bond would be set higher and higher after each arrest.  Perhaps, a judge would go as far as not granting a bond after his third or fourth arrest.  Therefore, the likelihood a Houston Harris County, Texas judge allowing this to happen is unlikely.

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After wining a DWI trial  today I am really thankful that I have the opportunity to prove my clients innocence.  I am continually surprised to learn that many states do not provide this opportunity for those accused of DWI.

If you would like to speak to an experienced DWI lawyer call us at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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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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The Houston Chronicle is reporting that the Houston Police Department is asking for over a million dollars from City Council so that another group of scientists, from Dallas, may review the work from the Houston DNA lab.   

In my opinion, the HPD lab should outsource all of their work if they do not believe that their current staff can handle the work that is required of them.  I doubt the citizens of Harris County are ready to pay for someone from Dallas to not only review the work of the Houston lab, but also bear the expense of traveling from Dallas to Houston if the case goes to trial.  Also, what type of working relationship will the Harris County District Attorney's office have with this Dallas lab?  How available will this Dallas lab be to the Harris County Criminal defense bar for review?  It seems to me that more questions need answering before the HPD lab is back on its feet and the citizens of Harris County are able to trust their work.

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The Harris County Courthouse seems to be running at full speed now.  As of this week the courts are treating all criminal cases like normal.  The first week after Ike most courts allowed attorneys to get a reset for their clients without question.  Things have changed this week.  The courts are now asking for documentation and/or simply refusing to grant a second reset for a criminal case.  Most importantly, they are forfeiting bonds for those that are unable to attend their court settings.  The long lines outside the courthouse are back, and so is the wait to get an elevator.

Lastly, jury duty has resumed this week.  In fact, my business partner, Mario Madrid, a Criminal Defense Attorney in Houston, is picking a jury this morning.  I wonder if people are ready to serve as jurors during the post Ike and financial crisis time.  Hopefully, they can concentrate on their task if they are chosen as a juror.

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.

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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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Mario Madrid: 713-877-9400  mmadrid@mariomadridlaw.com
Herman Martinez: 713-242-1779 hmartinez@mmalaw.com

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