Houston Criminal Law Journal

Eyewitness Misdentification Contributes to Wrongful Convictions

Mario Madrid — Tue, 28 Feb 2012 13:57:18 -0600

According to the Innocence Project, a national litigation and public policy organization dedicated to exonerating wrongfully convicted individuals, eyewitness misidentifications have contributed to the wrongful conviction of 72% of the 289 people exonerated (as of January 2012) through post- conviction DNA testing in the United States. That is an absolutely alarming statistic.

Most criminal prosecutions do not play out like an episode of CSI. While scientific evidence is used in criminal prosecutions, the overwhelming number of cases is prosecuted using eyewitness testimony. For example in an aggravated robbery case often times the only evidence presented is the testimony of the victim. If that evidence is not accurate the strong possibility exists that innocent people can and have been wrongfully convicted and sent to prison.

Fortunately there is a movement to reform eyewitness identification procedures. In Texas, last year the State Legislature enacted legislation codified in Texas Code of Criminal Procedure Article 38.20 to require all Texas law enforcement agencies to adopt written eyewitness-identification policies based on the best practices proven effective by scientific research on eyewitness memory.

It is imperative that defense attorneys cross examine law enforcement and witnesses on the procedures used in photo arrays and lineups to ensure that the jury is aware if there is a possibility of a misidentification.

If you or someone you know is need of a Houston Criminal Defense Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Traveling To Canada With A Criminal Conviction

Herman Martinez — Tue, 21 Feb 2012 15:31:59 -0600

While on vacation in Banff, Canada I spoke to a local lawyer that enlightened me about their travel restrictions with a criminal record. I have previously stated that a DWI conviction may preclude someone from traveling to Canada. Nevertheless, all hope is not lost.

Since the Goverments of the United States and Canada continually share information to improve their borders entry with a criminal conviction may be difficult. They have more information than ever on a person visting Canada. This may cause individuals with a criminal record to be denied entry, this is called criminal inadmissibility. In most cases, individuals who have been convicted of an offense will require special documentation permitting them to enter Canada.

What is Criminal Inadmissibility?

Individuals, who have been convicted of an offense outside Canada that is equivalent to a Canadian Federal Offence, may be inadmissible to Canada. In order to make this determination, the Canadian equivalent must be examined along with its maximum sentence.

If an equivalent can be established is whether the conviction constitutes a summary or indictable offence. Most Federal offences are hybrid offences, which will render a person inadmissible to Canada. Having been convicted of one summary offence will not make an individual inadmissible.

Individuals with one indictable offense on record (for example a DWI) are criminally inadmissible to Canada. They can overcome this in 1 to 2 ways:

· Deemed Rehabilitated by the passage of time: More than 10 years have passed from the completion of all probationary periods and retirement of fines.

· Criminal Rehabilitation Application: Individuals are eligible to apply for criminal rehabilitation after 5 years have passed from the completion of all probationary periods and retirement of fines.

Either one of these possibilities ensures that prior convictions are no longer grounds for refusal of entry to Canada. The expungement of a conviction also renders prior offenses obsolete

If the proscribed time period before eligibility for Criminal Rehabilitation has not yet elapsed, individuals may wish to apply for a Temporary Resident Permit, depending on the gravity of the offense, the amount of time that has passed, and the reason for their need to enter Canada. These permits may be issued for 1 day- 3 years, or may be refused entirely. It is completely within the discretion of the individual immigration officer assessing the application.

Texas Sex Offender Registration

Mario Madrid — Sun, 12 Feb 2012 12:35:31 -0600

Sexual Offender Registration laws in Texas has been enforced for the last twenty years. The first sex offender registration laws in Texas went into effect on September 1, 1991. The laws have bee amended every legislation since that time.

The key to registration is whether a the person has a "reportable conviction or adjudication." If they do, they must register as a sex offender or face a new felony offense for failure to register as a sex offender.

Prior to September 1, 1997, the sex offender registration laws were prospective in application. A person convicted of or adjudicated for a sex offense before the law required registration for the offense did not have to register. On September 1, 1997, the registration requirement was made retroactively applicable to any person whose "reportable conviction or adjudication" occurred on or after September 1, 1970 if the person was still in the Texas criminal justice system for that offense on or after September 1, 1997.

Texas Code of Criminal Procedure Article 62.001(5) is the controlling statute and defines "reportable conviction or adjudication" as follows:

(5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) a violation of Section 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;

(C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;

(D) a violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:

(i) the judgment in the case contains an affirmative finding under Article 42.015; or

(ii) the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age.

(F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), or (E);

(H) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), but not if the violation results in a deferred adjudication;

(I) the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication.

Again, if a sex offender fails to follow the rules of registration, they will be charged with a felony.

If you or someone you know is in need of a Sexual Assault Attorney in Houston call Houston Sexual Assault Lawyer Mario Madrid at 713-877-9400.

Si usted necisita ayuda con un abogado en Houston llame a mi oficia 713-877-9400.

Condensing My Criminal Defense Blogs

Herman Martinez — Sat, 04 Feb 2012 09:13:30 -0600

I have come to the conclusion that trying to continually updating three criminal law related blogs, tweeting regularly all the while maintaining a thriving law practice is unmanageable. Unlike other lawyers and law firms that I know I write every blog entry myself. While I have neglected this blog over the past year I have tried to regularly write on my blog that is linked to my Houston Criminal Defense website, www.mmalaw.com. With this blog I cover the same type of issues that I covered here like sexual assault, bond issues, and theft. Additionally, I discuss DWI issues exclusively on my Houston DwI Lawyersite, www.dwiattorneysinhouston.com. Thus, I do not see the reason to post duplicitous information on this site.

Nevertheless, since there is so much information that I have created over the years on this site I will stay active for the foreseable future.

If you would like to contact me please call me at (713) 242-1779.

Court of Criminal Appeals Agrees, You Can Limit Consent To Search

Mario Madrid — Tue, 31 Jan 2012 12:43:02 -0600

The Fourth Amendment protects individuals against unreasonable searches and seizures. Except in certain carefully defined classes of cases, a search of private property without proper consent is unreasonable unless it has been authorized by a valid search warrant. The bottom line is that in most circumstances, the government cannot knock your door down or enter your house without a valid search warrant or your consent. You have a right to say to no and keep the police out of your house.

However, if you give them permission or consent to enter they are free to do so. In State v. Weaver, 349 S.W. 3d 521 (Tex. Crim App. 2011) the court determined that the State exceeded the scope of the consent.

In the case, four police officers came to the defendant, Weaver's welding shop looking for a person wanted in another county. Mr. Weaver gave the officers consent to search for that person. The officers, over Weaver's objection, ended up searching a van on his property and finding drugs in it. The trial judge granted Mr. Weaver's motion to suppress because he found that the search of the van exceeded the scope of Mr. Weaver's consent. The court of appeals, affirmed. The Court of Criminal Appeals, (Texas' Criminal Supreme Court) agreed and affirmed the judgment of the trial court and that of the court of appeals.

A person is free to limit the scope of the consent that he gives. If police rely on consent as the basis for a warrantless search, they have no more authority than they have apparently been given by the consent. If the police had either a valid search warrant to search the van or consent to search the van, the drugs would not be suppressed. However, no warrant or permission to search the van existed, therefore the police had no authority to search the van.

The lesson is that you do not have to give the government consent, you can say no or yes to a limited scope and no to a further search. Our founding fathers wrote the fourth amendment to protect us from unreasonable searches. You can always avail yourself of that protection. When you give it up by consenting you may open yourself unwanted prosecution.

If you are someone you know is in need of a Houston Criminal Defense Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Harris County DWI Jury Delivers A Not Guilty Verdict

Herman Martinez — Wed, 16 Nov 2011 16:05:51 -0600

I had the pleasure of representing someone in a DWI trial last week in Harris County, Texas. The young woman had her mother and father supporting her throughout the entire process. They even took two days off from their jobs to support her during her trial. I was grateful to have them there It certainly helps a jury to see a defendant's family members behind us during trial. In this instance, the jury provided her father with a memorable 60th birthday present. A NOT GUILTY verdict.

If you seek the help of a DWI lawyer in Houston please do not hesitate to contact me at (713) 242-1779.

Frequently Asked Questions about Texas DWI

Herman Martinez — Wed, 26 Oct 2011 13:19:06 -0600

Texas DWI Laws are vigorously enforced and the local police departments as well as the prosecutors are tough on people who drink and drive. The allowed legal limit of alcohol content in Texas is less than 0.08%. Anyone having an alcohol concentration of 0.08 or more may be charged with DWI.

When it comes to dealing with a DWI charge in Houston, Harris County, Texas, a lot of issues have to be looked at. Some common questions concerning Texas DWI laws have been answered below:

What is the difference between DUI and DWI in Texas?

According to Texas, DWI or Driving While Intoxicated not only refers to intoxication by alcohol, but it also includes intoxication through other drugs and controlled substances or their combination. On the other hand, DUI or Driving Under the Influence is a term which is used for offenses that involve minors. This means that anyone under the age of twenty-one operating a vehicle in public place under the influence of alcohol or any other controlled substance or drug may be charged with DUI.

What should you do if you have been stopped by the police as a drunk driving suspect?

First of all, if you have been driving after having a couple of drinks and the police stops you to ask questions regarding drinking, do not panic. The officer will initially ask you to provide your drivers license and valid insurance when stopped, and you should know where to find them when you are driving. The officer will then try to engage you in a conversation to see if you are okay to drive. If you have had a drink or two before driving, and the officer smells alcohol on your breath, he will most likely ask you if you have been drinking and how many drinks have you had. Informing the officer that you have had one or two drinks is alright. While answering questions, make sure you stay focused, courteous and respectful at all times.

As an American citizen, you have the right to drink responsibly, and if the conversation goes smoothly, you do not have anything to worry about. However, it is important that you listen to the questions asked by the police officer and answer them accordingly.

What signs of intoxication will the police officer look for?

When someone is stopped on the roadside for signs of intoxication, the police officers try to look for symptoms of impairment. These symptoms include signs like flushed face, bloodshot or red, watery eyes, slurred speech, fumbling around when trying to look for the license, failure to comprehend and answer the officer’s questions properly etc. If the officer identifies any of these symptoms, he will ask you to step out of the vehicle to see other signs of intoxication such as being unsteady on your feet, swaying while standing and leaning against the car for support. Please keep in mind that not all of these signs are recognized signs of intoxication and may be clues of other things like being tired from a long day or allergies.

Should you contact a lawyer when you are stopped for a DWI investigation?

If you are a Harris, County Texas resident, you should know that Texas law does not provide the right to an attorney initially to persons stopped for DWI. In fact, the right to speak to an attorney is not entitled to any person stopped and investigated for DWI until the initial investigation on the street is complete and you are taken to jail. Nevertheless, nothing stops someone from calling a Houston DWI lawyer while being stopped by a police officer.

What should you do if you are asked to submit to FSTs or a blood, breath or urine test?

As a DWI suspect, you have to know that the police will want to make their case against you stronger, and they will ask you to submit to Field Sobriety Tests, breath or blood tests. Taking the Field Sobriety Tests is not a good idea as they are designed in such a way that even people that have not been drinking can end up failing them. You can respectfully decline if the officer asks you to submit Field Sobriety Tests.

You also do not need to submit to any road side breath tests as the machines used at the roadside are unreliable, inaccurate, and inadmissible in a court of law to prove intoxication.

I realize that this post is too late for someone that has been arrested for DWI in Harris, County, Texas, but it may be useful for those that have questions after their arrest. If you would like to talk to a Houston DWI lawyer that is experienced with the court system please contact me at (713) 242-1779. Most of my clients have never been arrested for DWI.

Texas DWI Surcharge

Mario Madrid — Sat, 08 Oct 2011 09:23:31 -0600

A common question I get as a Houston DWI Attorney is, what are surcharges and will I owe any? In Texas surcharges were established as part of the The Driver Responsibility Program which is governed by Texas Transportation Code, Chapter 708, which set up a system to assess surcharges based on certain traffic offenses that have occurred on or after September 1, 2003.

A surcharge is an administrative fee that is charged to a driver based on the convictions reported to the driver record. There are two criteria that determine if a surcharge will be assessed, they are the point system (bases on the number of traffic violations) and Conviction Based surcharges (which include DWI convictions.)

It is important to note that surcharges are in addition to all other reinstatement fees required for other administrative actions and do not replace any administrative suspension, revocation, disqualification or cancellation action that results from these same convictions. The bottom line is the State uses DWI to raise money and will get yours if you are convicted and care to ever get you license back. Drivers convicted of DWI face the following surcharges. For a first time DWI conviction the surcharge is $1,0000 for 3 years. A subsequent conviction is $1,500 for 3 years. A DWI with a blood alcohol concentration of 0.16 is $2,000 for 3 years.

An arrest for DWI is an expensive proposition. A conviction for a DWI is even more expensive. If you or someone you know is need of a Houston DWI Lawyer, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

DWI for Woman Previosly Convitcted Of Intoxication Manslaughter

Mario Madrid — Fri, 07 Oct 2011 13:19:14 -0600

A Houston area woman, Elena Fuentes, who is serving a 10 year probation for intoxication manslaughter has been charged with a DWI. The case demonstrates is a good demonstration of the different DWI laws in Texas. As to the previous case, the woman was convicted of the intoxication manslaughter after her 4 year old daughter was killed in an automobile accident. In that case Fuentes' blood alcohol level was reportedly three times the legal limit at .24. Intoxication manslaughter is a Second Degree Felony that carries a range of punishment of 2-20 years in prison.

A DWI is a class B misdemeanor. A DWI with a prior DWI conviction is a Class A Misdemeanor. A DWI with a prior Intoxication Manslaughter is a Third Degree Felony with a range of punishment from 2-10 years in prison. Because of her prior case, instead of facing a Misdemeanor, Fuentes faces a Felony DWI.

If you are someone you know is in need of the services of aHouston DWI Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Texas Legislative Changes In Sex Crimes

Mario Madrid — Thu, 06 Oct 2011 13:07:16 -0600

This past legislature brought three important changes in sex crimes defense. Under the Code of Criminal Procedure a court may now order to an alleged victim of sexual assault of any age, regardless of whether or not there is the threat of further harm by the alleged offender.

In regards to punishment, in Penal Code Section 12.42 a second or subsequent conviction for aggravated sexual assault or a conviction for aggravated sexual assault following a conviction for aggravated assault is now punishable by life imprisonment without parole.

A welcome change involves sexual offender registration. A defendant convicted of Indecency with a Child or Sexual Assault need not register as a sex offender if the victim or intended victim was at least 15 years old, the defendant was not more than 4 years older than the victim or intended victim, and the defendant is not a threat to public safety.

I have represented many people charged with sexual offenses and it is always important to keep up with the changes in law. If you or someone you know is in need of the services of a Houston Sexual Assault Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Texas Man Convicted of Murder Freed

Mario Madrid — Tue, 04 Oct 2011 12:15:23 -0600

Michael Morton spent 25 years in before new evidence forced Texas prosecutors to agree on Monday to release him from prison for beating his wife to death —a crime that he maintained he never committed, after DNA tests showed another man was responsible.

The Innocence Project has claimed in court documents that John Bradley, the District Attorney of Williamson County since 2001, suppressed evidence that strengthened Morton's case during the DNA proceedings. That evidence — including a transcript of a police interview indicating that Morton's son said the attacker was not his father — was ultimately obtained by the Innocence Project through a request under the Texas Public Information Act.

Tests performed on a blood-stained, blue bandanna found shortly after the crime near Morton's home revealed DNA from Morton's wife and an unidentified man convicted in multiple states, including California. According to news reports DNA techniques not available during the original trial but now available, helped link the DNA to a possible serial killer who committed other murders in the Austin area in the 1980s.

The case demonstrates the importance in the advances in forensic science that can help lead to the defense of those charged with violent crimes such as murder, aggravated assault and sexual assault. If you or someone you know is need of the services of a Houston Criminal Defense Attorney experienced in defending violent crime cases, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Texas Internet Crimes

Mario Madrid — Mon, 03 Oct 2011 15:08:37 -0600

Technology has changed the way we live our lives and the Texas State Legislature has enacted laws to keep up with rapid developments that overflow into the criminal defense arena.

We have all heard of the stories of teenagers creating Facebook pages of their classmates and posted insulting pictures and comments in an attempt to humiliate them. Penal Code Section 33.07, the Online Harassment statute,was amended to include online harassment committed not only on commercial social networking sites but also on other Internet websites like Craigslist.

Another statute addresses the practice of sexting. Penal Code Section 43.261 was enacted to outlaw sexting, sending sexually explicit photos of minors over the internet, cell phones or similar devices.

Internet crimes can are serious and can result in severe penalties especially internet crimes involving child pornography. If you or someone you know is in need of the services of a Houston Internet Crimes Attorney or Child Pornography Lawyer, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Changes in DWI Laws

Mario Madrid — Mon, 03 Oct 2011 14:02:53 -0600

Every two years the Texas Legislature meets in Austin to go about the business of governing the state. Aside from budgetary concerns and political grandstanding there are always significant changes in the Penal Code and Code of Criminal Procedure.

Of the many changes this year there are some key changes in the are of DWI law. Penal Code Section 49.09 was amended to make a DWI that leaves a person in a persistent vegetative state a second degree felony.

Additionally Penal Code Section 49.04 was amended to provide that if a person's blood, breath or urine showed a alcohol concentration level of 0.15% or more when the analysis was performed, the offense is a Class A misdemeanor rather than a Class B misdemeanor,

Also, Transportation Code Section 724.015 was amended to require an officer to inform a suspect that a refusal to give a blood or breath specimen may result in the officer applying for a warrant authorizing the taking of a specimen.

These are changes that will effect many cases raising the possible level of punishment and requiring that DWI attorneys keep up with the law to properly defend their clients.

If you are someone you know if need of the legal services of a Houston DWI Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Si usted necisita ayuda con un abogado en Houston llame a mi oficina 713-877-9400.

Consequences of Missing Your DWI Court Date

Herman Martinez — Tue, 26 Jul 2011 14:46:37 -0600

If you have been arrested for DUI / DWI in Houston, you are probably feeling tremendous stress, fear, and embarrassment. It is likely you just want the situation to go away, and with good reason as it is mentally traumatic to be labeled a criminal and to have to face a prosecutor and judge who will decide your fate.

Unfortunately, there are people who can not handle the stress of a drunk driving charge and decide to flee the situation and not appear for court, hoping they can avoid any jail time or other penalties. The judicial system has established penalties specifically for these types of situations, and you may be well advised to know what you may face if you run.

Missing Court Dates

Hiring a DWI lawyer with the experience of helping people lessen their penalties and fines should always be the first and most logical step for any one arrested for DWI. People need as much help as they can get in a situation like this and an experienced attorney is money well spent.

Regardless, your attorney will not be able to handle everything without you being present for court dates. If you were arrested for DWI, then you must be present for every single court proceeding, whether you have a lawyer or not unless your attorney gets the court to waive your appearance which is not done with regularity in Harris County, Texas.

If you do not appear for your court date, the judge hearing your case will revoke your bond and issue a warrant for your arrest. It does not matter why you missed court. The good news is that it may be possible to have your case reinstated with or without costs. You may also make a non arrest bond in order to avoid being picked up by local law enforcement. However, the best course of action is to comply with the court's requests and appear in court as instructed.

The Consequences of Failing To Appear Becoming a Fugitive

Most Courts are very serious about punishing DWI offenders. For this reason, missing one or more court dates carry strong consequences to drive home the point that this is no small matter and must be taken seriously. A person can be found in contempt of court and receive a large fine. Alternatively, a high bail may be set, which you cannot afford. In this case, you would stay in jail for as long as it takes your charges to be disposed. Finally, if you are arrested outside of the state that has issued the warrant, then you may face extradition. Extradition can be a very long process that will again leave you incarcerated for an extended period of time until you have been transferred to the warrant issuing state and had a hearing in that state to have that warrant lifted.

The bottom line is that anyone who has been arrested for a DWI should immediately seek out a professional drunk driving attorney. The court system and the ensuing penalties can be overwhelming to a person unfamiliar with the law. Getting a qualified attorney on your side and following their instructions throughout your entire DWI process will put you in the best possible position to reduce your penalties and make sure that you are in compliance with all of the court's requests.

If you need the help of a DWI Attorney in Houston, Texas please call me at (713) 242-1779.

How a DWI Conviction in Texas Affects Your Auto Insurance?

Herman Martinez — Tue, 05 Jul 2011 14:29:39 -0600

If you are charged and convicted of a Houston DWI , DUI or driving under the influence, it will not only affect your personal and professional life, but your auto insurance policy will also get affected. DWI or driving while inoxicated in Texas has several consequences. Apart from fines and possible jail time, you can expect your automobile insurance rates to go up after a DWI conviction in the state of Texas. In some cases, your insurance provider may simply cancel your policy altogether. This can be a huge problem as finding a new insurance provider on affordable rats will become next to impossible for you.

First of all, when your insurance provider finds out about your DWI conviction, your insurance premiums will be raised by placing you in the higher risk category. This category marks you as a “high-risk driver” and insurance companies consider people involved in accidents, especially recently, to fall in this category. High risk drivers have to pay sky high insurance premiums, and other companies may not issue you an insurance policy at all.

This rise in the insurance premium is not the only risk you will have to face after a DWI conviction. The state of Texas, along with several other states, require that your insurance company provide the state DMV (Department of Motor Vehicles) an SR-22 proof of insurance. This proof of insurance is required by law before any suspension related to your DWI can be lifted. The problem with providing an SR-22 policy is that most insurance providers do not provide it. If your insurer is one of those, you will have to have your insurance policy cancelled and replace the existing auto insurance policy with a new one. Finding a new affordable insurance provider at this time will not be an easy task, especially one which also provides an SR-22 proof of insurance.

Your new insurance provider will obtain a record of all your traffic violations before issuing your new policy, and this will most likely include your DWI conviction. When they find out about the drunk driving conviction, you might still be able to get an insurance policy, but you will end up paying very high premiums.

Your first priority after a DWI charge should be to get in touch with a professional DWI lawyer in Texas who has experience handling all matters related to DWI defense. Your lawyer will represent you in the ALR (Administrative License Revocation) proceeding, as well as in the criminal hearings of your case. He will fight to reduce your charges to a minimum, if any, or have them removed completely by proving you not guilty in court. Once a DWI charge becomes a DWI conviction, by proving you guilty in court, it adds a permanent mark on your criminal record. Hiring a good lawyer at the right time will save you all the trouble you will be going through later on.

If you need to talk to a Houston DWI attorney please do not hesitate to contact me, Herman Martinez, at (713) 242-1779.

Thanks For Trusting Me

Herman Martinez — Fri, 06 May 2011 13:18:10 -0600

Typically, when someone is accused of committing a misdemeanor crime while they are on bond for a separate misdemeanor their bond on the new case gets set at $5,000. Additionally, most Harris County, Texas misdemeanor judges also raise the bond on the new case to the same amount. Knowing this ahead of time allows someone that is going to court to make a non arrest bond so they do not go put back into custody. However, some courts wait until the defendant appears in court for the new case to raise the bond on the new case to $5,000. In these circumstances the defendant has two choices. They may contact their bonding company to make them aware that they will be needing their services once again for the raising of the bond at court. In this instance the bonding company accompanies the defendant to court so that they are not taken into custody to be processed. The second and less frequently used method is to take the anticipated bond ($5,000) with them to make the bond. This alleviates the necessity to hire a bondsman. Please keep in mind that when a cash bond is posted that amount is returned once the case is finished. Most clients either do not have the $5,000 readily available to them or simply do not trust me or the system when it comes to their hard earned money. I can not say that I blame them. However, today, I had a client that did trust that everything would work according to plan with the upfront cash method. It worked even better then I expected since the judge took my word that the client had the cash bond amount in hand and was ready to make the cash bond. The only thing we had to do was walk out of the courtroom and head straight over to 49 San Jacinto where bonds are posted.

Defending Sexual Assault Cases May Get Even Harder

Mario Madrid — Mon, 25 Apr 2011 12:07:01 -0600

Any accusation of sexual assault, whether it be Aggravated Sexual Assault, Sexual Assault or Indecency with a Child is difficult to face. Often times there is no more evidence than the word of the alleged victim. Although that does not seem like much evidence, a jury is left to ponder, why would someone lie about such a thing?

Although an accused is presumed to be innocent, that presumption seems to fade away once a jury panel hears the charge in a sex case. I have defended numerous clients charged with Sexual Assault and have taken easily over 50 sex cases to trial.From my experience, it is not uncommon to bust a panel in sex cases. That is the term when we are unable to come up with 12 jurors who can be be fair from a panel of over 60 people. Many jurors have their mind made up without a shred of evidence, simply based on the accusation. Its sad but true.

A bill introduced by state Sen. Joan Huffman, R-Houston, could make things a whole lot more difficult in rape cases. The bill, which was tentatively approved by the Senate, would allow the introduction of testimony about allegations of other sexual assaults to be admitted during the guilt /innocence phase of a trial if a judge, outside the presence of the jury ,hears the evidence and deems it relevant.

In my opinion this would guarantee a conviction for the state. To present extraneous evidence to a jury, even without charging the accused with a crime, is prejudicial and unjust. If the measure passes the uphill battle of sexual assault accusation will get steeper and more difficult.

If you or someone you know is in need of the legal services of a Houston Sex Assault Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Do Not Get Mad With The Messenger

Herman Martinez — Mon, 28 Mar 2011 13:52:10 -0600

Here is a scenario that never fails to upset people. It goes like this...Mr. X who is on probation for a felony gets arrested for a misdemeanor like DWI. X and his family is desperate for him to get out of jail so they bond him out of jail. Mr. X calls my office looking for a lawyer. Once I find out that he is on probation I mention the likelihood that the felony court will be filing a motion to revoke his probation and he will need to make a second bond once the motion is filed . This is when the conversation starts going downhill. Mr. X begins to question my comment. He does not understand why if he is on felony probation a misdemeanor charge will cause him to make another bond especially if he is innocent of the new charges. Despite trying to comfort him by telling him that he is presumed to be innocent of the DWI he does not understand why a court will try to revoke his probation. There are several things at play. While Mr. X made the bond for his new arrest he will be forced to make a new bond for his felony because that court believes he has violated his probation terms. A common term of probation is that there will be no alcohol consumption. Also, a probationer is not allowed to commit any crimes while on probation. The catch in Harris County, Texas is that when a court believes a probationer has violated their probation they not only issue a warrant for the person's arrest, but they set their bond at zero. Thus, a person must be arrested for the probation violation and then an attorney may request a bond from the felony court when the person is police custody. One other thing, just because someone makes a bond on their new case it does not guarantee that the judge will set a bond on the probation violation. For a recent example of this happening please click here. In the future, please understand that I do not set the rules I am only informing you of all the consequences that are about to your particular situation.

If you need the help of a Houston Lawyer please contact me at 713-242-1779.

Texas Going Another Round With Marijuana Law

Herman Martinez — Mon, 07 Mar 2011 20:18:51 -0600

After failing during the last legislative session to make marijuana for medical purposes legal Texas is going another route. Perhaps, the motivation for Houston Representative Harold Dutton's bill to change the punishment from a Class "B" misdemeanor to a Class "C" misdemeanor is because of the jail over crowding he witnesses in Harris County, Texas. Another reason could be that he is frustrated with our local District Attorney's Office refusal to follow the law that was created several years ago that allows a police officer to give a person a citation to appear in court instead of arresting the person when they are charged with being in possession of a small amount of the "wacky weed." Personally, I do not understand why someone in Houston, Texas is arrested for possessing marijuana while a person in one of the other cities that follow the law does not get arrested for the same offense. By changing the punishment of the crime the bill insures that everyone will be treated similarly throughout the state.

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

Harris County Judges' Resolve To Trim Their Dockets

Herman Martinez — Tue, 25 Jan 2011 15:52:42 -0600

I imagine that the number one New Years resolution for most people is losing a few pounds. Well the misdemeanor judges of Harris County, Texas seem to have gotten together and made their own resolution for 2011...a slimmer docket for each of their courts. Their first step is trying to reduce the number of times a case is reset in order to quickly dispose of that case. This is similar to the person that decides that they are going to fast in order to get to their target weight more quickly. What typically happens in those instances is that the person initially loses the weight, temporarily feels better about themselves, but eventually the weight comes back. Similarly, just because cases are reset a fixed number of times it does not necessarily mean that the docket will decrease. Perhaps, at first a lot of cases that were dragging along because of a lack of due diligence will be shed from their dockets, but what I envision happening is more cases being set for trial over the long haul. Once a fair amount of cases are set for trial that docket will start to balloon and affect the court. The courts will be unable to go to trial on every case that is set for trial, therefore, those cases will be reset for some time in the future and now the courts have a backlog of trials. The end result is that the docket has increased. The judges are also overlooking the fact that when they are in trial less work gets done. If a court is lucky enough to have three prosecutors two of them will likely be tied up during trial.

I always tell my clients that the judge is like a referee in a sporting competition. I have never played a sport where the referee tells the players how to play the game. The referees are there to make sure the players play within the rules. They do not tell a pitcher how fast to throw a ball, they do not tell a running back how fast to hit the hole, and they do not tell a boxer how many punches to throw in a round. They just make sure that the game is played fairly. The only concern a judge should have is ensuring that every citizen is treated fairly by the criminal justice system, not how quickly cases are closed out.

If you want to talk with a Houston Attorney or Houston DWI Lawyer please call my law firm (713) 242-1779