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

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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Over the past week or so I have watched with interest the Iranian Election Results and the aftermath. Many people in Iran and around the world believe that at a minimum there was irregularity in the voting results. Most of these people actually believe the election was outright rigged. As a kid, I remember the American Hostages being held in Tehran when Jimmy Carter was president. I also remember the Shah of Iran coming to San Antonio after he had been overthrown by the revolution, to get medical treatment at Wilford Hall Medical Center that was about a mile from my house. I took a Middle East History class in college so the subject has always fascinated me.

Last week, while in Dallas I had a conversation regarding this subject with a cab driver from Iran while on the way to the airport. I posed to him the question whether it was possible that President Mahmoud Ahmadinejad had actually won. Isn't it possible that leaders like Ahmadinejad and Hugo Chavez of Venezuela have the support of masses? Isn't it possible that just because we don't agree with the policies of our adversaries that the people of those countries do? The cab driver didn't seem to think so. He believes that the election was stolen and that Mousavi is the true winner. He's probably right but I doubt that will change anything. In countries ruled by oppressive regimes, there are no recounts.

What is happening in Iran is in such stark contrast to our way of life here in the United States. Think back to the 2000 election and the hanging chads in Florida. When all the votes across the United States were counted Al Gore had more of the popular vote. Would Florida and its electoral college go to George W. Bush or Gore? The Supreme Court decided that the victory was W's. The American public accepted it and moved on. No one was beaten down in the street and killed. The rule of law prevailed.

We go to court everyday and are faced with an adversary.  As a Houston Criminal Lawyer, I represent the accused. When we have a disagreement with an Assistant District Attorney we are not dragged out into the street and beaten. When I don't agree with the evidence being presented,  I stand up and object. If I don't agree with a ruling from the Judge, I respectfully disagree and make sure that my objection and the legal basis for it are preserved on the record. As a Houston Criminal Defense Attorney, I am proud to have an opportunity everyday to practice law and ensure that my clients rights are protected. I am not the kind of person that wears an American flag shirt, but I am extremely proud to be an American. Situations like the one in Iran are a vivid reminder of this.

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As a Houston Criminal Lawyer I have family members regularly contacting me wanting to know when their loved one will be released from the Texas State Jail.  Please remember that when someone is sentenced under the State Jail Felony provision of the Texas criminal code they are not eligible to be released early as a parole.  The range of punishment for a State Jail Felony is from 180 days to two years in the state jail and an optional fine up to $10,000.

If you need help with your criminal case please call our law firm at (713) 225-1038 or visit our website.

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"I've replayed this scene in my head over and over, wondering if there was any way  this could have turned out differently. What if I had worn a different shirt? What if I hadn't gotten my dates mixed up? What if I refused to talk until I had a lawyer present? I would have a lot of time to think about my situation: That was the last time I walked in anywhere as free man for the next eleven years"  Those are the words of Ronald Cotton as is the picture above. They are from the book Picking Cotton by Jennifer Thompson-Cannino, Ronald Cotton and Erin Torneo. It is a must read for anyone who works in the Criminal Justice System.

It tells the true story of Cotton, who was picked out of a lineup by Thompson, a college student, as the man who broke into her apartment and raped her. He was innocent but spent eleven years in prison before DNA exonerated him. After he was released from prison Cotton and Thompson forged a friendship. I don't think I'm giving anything away in telling you that, it is on the inside cover.

The book does an excellent job of demonstrating how Eyewitness Misidentification can lead to wrongful arrest and conviction. Anyone that has ever tried an Aggravated Robbery or Aggravated Sexual Assault, understands the importance that  eyewitness identification plays in trial. It also gives an example of why an accused must speak with an experienced criminal defense attorney before he/she speaks with the police.

When Cotton heard he was accused he figured he could go down to the police station and clear things up before he went into work. "I don't need an attorney, sir. I didn't commit this crime and I want to get this straight." That is what Cotton said before he spoke withe the police. He had an alibi. But, when he made his statement,he was nervous and confused and mixed up his dates. He came across as a liar even when he had witnesses to support the truth of his alibi. This helped lead to his conviction.

As Houston Criminal Defense Lawyers we often get calls from potential clients in this exact position. Anyone facing this situation must understand that you have the right to REMAIN SILENT. You also have the right to speak with an attorney and have an attorney present during questioning . Take advantage of your rights and if you have time read Picking Cotton.

If you need to talk to a lawyer about your criminal case please call our law firm at (713) 225-1038 for a free consultation.

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As a Houston criminal lawyer that handles assault cases I aware how it impacts the entire a family  that is involved.   I am troubled by stress that the economic slowdown has caused on so many families.  Since the economic downturn began more than four fifths of the workers laid off have been men.  Historically, men have resorted back to their alpha male ways when they feel depressed.   Men have created their own domains throughout the years by resorting to bars, gyms, and even today the media room is typically the male territory.  Most disturbing is that the unemployed man follows alcoholics and drug addicts as the demographic group most likely to commit family violence. 

If you find yourself accused of an assault case please contact our law firm (713) 225-1038 for a free consultation.  We assist defend people in Harris County, and it the surrounding counties like Montgomery and Fort Bend County.

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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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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) 225-1038 or visit our website.

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