Questions Answered by Herman Martinez

Q: My son recieved a DUID. I told the hospital and police they do not have permission to do a blood test and they did

3 Answers | Asked in Civil Rights and Criminal Law for Texas on
Answered on Apr 12, 2019
Herman Martinez's answer
This is a timely question because recent case law is in your son’s favor. You should contact a DWI lawyer asap to discuss the circumstances.

Good luck to you!

Q: I live in a county in East Texas. The county maintains a public web site that features criminal details case details.

2 Answers | Asked in Criminal Law for Texas on
Answered on Mar 24, 2019
Herman Martinez's answer
The most certain way is to get your arrest records expunged.

Q: I’m being charged with agg sexual assault of a child, Can I get a copy of her statement she wrote without an attorney?

3 Answers | Asked in Criminal Law for Texas on
Answered on Mar 24, 2019
Herman Martinez's answer
Most Texas Distict Attorney offices would not allow to happen. Perhaps, your county is different.

Q: how do I subpoena the court for evidence and body camera footage?

2 Answers | Asked in Criminal Law for Texas on
Answered on Jan 23, 2019
Herman Martinez's answer
Your lawyer will be provided that once they do a discovery request. Once they receive it you will be able to see the body cam that is provided.

In Texas, the Morton Act requires the State to give all non privileged evidence to the defense attorney.

Q: If a 17 year old wants to fight a 20 year old and it's mutual, will the 20yo get a charge?

2 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Answered on Dec 15, 2018
Herman Martinez's answer
Please note that once a person turns 17 they are considered an adult in Texas. A mutual fight is typically not a crime. Nevertheless, if one person goes too far with the assault or takes out a deadly weapon during an assault that started without weapons it could rise to the level of a crime.

Q: I have a text msg. that an adult sent to a 17 yr.old telling her she'd like to smoke pot with her. Is there any legal

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Answered on Aug 18, 2018
Herman Martinez's answer
Possession of marijuana is still illegal in Texas. I would recommend talking to the 17 year old about drug use before contact any government agency regarding the “adult.” Additionally, you could talk to the “adult” about the illegality of possession of marijuana or potentially worse crimes that could arise.

Please take note that a 17 year old in Texas is considered to be an adult in many circumstances.

Q: If the only witness victim of a criminal episode can't identify a suspect can he be convicted in trial for agg robbery

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 18, 2018
Herman Martinez's answer
Yes, if a jury believes that witness beyond a reasonable doubt.

Q: Can I go on vacation in another state while on probation in Texas?

3 Answers | Asked in Criminal Law for Texas on
Answered on Aug 12, 2018
Herman Martinez's answer
You should ask your probation officer first. Afterward, your attorney may have to request the court if you can travel. It depends on many factors such as the crime you are on probation, how long you have been on probation, how well you are doing with your probation.

Q: If I decide not to press charges for an assault, can the state press charges anyway?

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 8, 2018
Herman Martinez's answer
If a warrant was issued the State has already determined that probable cause exists for an arrest. Your statements will likely be used in court. Nevertheless, a prosecutor should be contacting you once they have been assigned the case.

Q: I called the police on my boyfriend for hitting me now I want to drop the case how can I do that what will it take

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Aug 7, 2018
Herman Martinez's answer
Unfortunately, once you contact the Government in criminal matters it is up to them to dismiss or not. Your input is taken into account, but your request for a dismissal will not override compelling evidence. It is best you talk to the defense lawyer handling his case before you speak to the prosecutor in charge of the case. In Houston, Harris County Texas a prosecutor’s decision is not made concerning a case until they speak to the complaining witness. In this case that would be you.

Q: Can a man file a domestic violence claim against a woman or it is only the other way around?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Aug 6, 2018
Herman Martinez's answer
A man or a woman may file a domestic violence complaint/claim.

Q: I had a felony 40+ years ago - will it still show up on a background check for employment?

1 Answer | Asked in Criminal Law for Texas on
Answered on Aug 2, 2018
Herman Martinez's answer
Not necessarily...you should go to the county where you were arrested to confirm. Otherwise, you can contact a lawyer in that county. Even if it shows you may be able to clear your record. Good luc.

Q: so my boyfriend is getting charged with Theft?

2 Answers | Asked in Criminal Law for Texas on
Answered on Aug 2, 2018
Herman Martinez's answer
His first step is getting the case dismissed. Once that occurs he can start clearing his record via the expungement process.

Q: My friend received a DWI on Sunday. This is her 5th or 6th DWI. She just finished parole last Tuesday for DWI(Texas).

2 Answers | Asked in DUI / DWI for Texas on
Answered on Aug 1, 2018
Herman Martinez's answer
It really depends on the court, facts surrounding her arrest. Typically, a 3rd offender is facing 2-10 years in prison, but you indicated she just finished parole. If she has been to TDC one time her punishment is enhanced or “bumped up” to 2-20 years in prison. If she has been to TDC on two separate occasions for ANY crime(s) her punishment is raised to 25-life in prison. Therefore, it is difficult to give you a concise answer.

Q: How much does it cost to get an IID?

2 Answers | Asked in DUI / DWI for Texas on
Answered on Aug 7, 2018
Herman Martinez's answer
You should call around...prices vary.

Q: Do you have to get an IID after a first DUI?

2 Answers | Asked in DUI / DWI for Texas on
Answered on Aug 7, 2018
Herman Martinez's answer
If it is your 2nd or more it is required by law. Additionally, some judges put them on EVERY DWI in their court. Others, order it on a case by case basis.

Q: My boyfriend just got arrested after I told the cops he choked me. I didnt press charges but wrote a statement, what now

2 Answers | Asked in Criminal Law for Texas on
Answered on Nov 28, 2017
Herman Martinez's answer
Unfortunately, it seems like he will be getting charged with the felony offense of impeding the breath of a family member. Frequently, people do not understand that in these situations it is not necessarily up to the person making the statement if charges are accepted by the District Attorney’s Office. You need to hire a lawyer ASAP to properly defend his case because he is facing a 3rd degree felony with a punishment range from deferred adjudication or probation, 2-10 years in prison.

Q: a week a go i flipped my car an went to the hospital i got a ticket my alcohol level was high can i still get a dwi

1 Answer | Asked in DUI / DWI for Texas on
Answered on Oct 16, 2017
Herman Martinez's answer
Yes, it is possible that the police subpoena your blood results from the hospital. Please note that hospital blood draws are quite different from the typical blood draw in a DWI case.

Q: How does a victim knows the court date to attend. And does the victim needs a lawyer

1 Answer | Asked in Domestic Violence for Texas on
Answered on Sep 24, 2017
Herman Martinez's answer
The person should contact the local criminal court clerk and/or the District Attorney's Office to know the court date. The person is essentially represented by the District Attorney's Office in the criminal proceedings.

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