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Questions Answered by Herman Martinez

5 Answers | Asked in Criminal Law for Texas on

Q: can I get a non disclosure agreement?

I have a class A misdemeanor assault causing bodily injury from 2015. The victim is now in prison for assault with a deadly weapon. Which no one believed happened to me at the time due to lack of evidence that I was attacked. I did defend myself that’s why I pled guilty to assault. The victim was... Read more »

Herman Martinez answered on May 9, 2019

If your case was dismissed you qualify for something better than a non a disclosure. It is called an expungement. It is better because the Government will ordered to remove and destroy all your records pertaining to that arrest. A non disclosure allows the Government to keep your records, but keeps... Read more »

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3 Answers | Asked in Civil Rights and Criminal Law for Texas on

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

Herman Martinez answered on Apr 12, 2019

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!

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2 Answers | Asked in Criminal Law for Texas on

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

including mug shots that is freely available to the general public

without caveat.

Is there any time limit to how long they can keep a persons record essentially

public? (Misdemeanors from A to C and Felonies of course.)

Herman Martinez answered on Mar 24, 2019

The most certain way is to get your arrest records expunged.

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3 Answers | Asked in Criminal Law for Texas on

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?

My daughter claims I did this to her 7 yrs ago and wrote a 5 page statement and I would like to read it. I don’t have attorney yet but can I get a copy of her statement she submitted?

Herman Martinez answered on Mar 24, 2019

Most Texas Distict Attorney offices would not allow to happen. Perhaps, your county is different.

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2 Answers | Asked in Criminal Law for Texas on

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

Herman Martinez answered on Jan 23, 2019

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.

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2 Answers | Asked in Criminal Law and Juvenile Law for Texas on

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

Herman Martinez answered on Dec 15, 2018

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.

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on

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

Action I can take against the adult?

Herman Martinez answered on Aug 18, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Texas on

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

Herman Martinez answered on Aug 18, 2018

Yes, if a jury believes that witness beyond a reasonable doubt.

3 Answers | Asked in Criminal Law for Texas on

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

Herman Martinez answered on Aug 12, 2018

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.

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2 Answers | Asked in Criminal Law for Texas on

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

I am wondering if after contacting police after an assault, opting out of taking photos of the beating and declining to press charges, if charges can be filed anyway? They said they would issue a warrant for his arrest. I should have pressed charges and said no out of fear.

Herman Martinez answered on Aug 8, 2018

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.

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on

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

What will it take for the case to get dismissed can I make it just go all away??

Herman Martinez answered on Aug 7, 2018

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... Read more »

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1 Answer | Asked in Domestic Violence and Family Law for Texas on

Q: I received a Family Violence assault charge due to my ex. 2 months later she called police again and this time she went

We both received the same misdemeanor charge just different times

Herman Martinez answered on Aug 7, 2018

I do not understand the question...

1 Answer | Asked in Domestic Violence for Texas on

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

Herman Martinez answered on Aug 6, 2018

A man or a woman may file a domestic violence complaint/claim.

1 Answer | Asked in Criminal Law for Texas on

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

I was told once I completed 6mo's of probation it would be permanently removed from

my record.

Herman Martinez answered on Aug 2, 2018

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.

2 Answers | Asked in Criminal Law for Texas on

Q: so my boyfriend is getting charged with Theft?

his Parents were the one who used his ID and from my understanding he let them but now the person said they never returned it. Is there a way where we can get this off his record?

Herman Martinez answered on Aug 2, 2018

His first step is getting the case dismissed. Once that occurs he can start clearing his record via the expungement process.

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2 Answers | Asked in DUI / DWI for Texas on

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

Her bond has been set at 30k and she is currently in the Harris County jail. Court date is Sept 11. My question is, and I know you don't have a crystal ball. But, how much TDCJ time is she looking at serving?

Herman Martinez answered on Aug 1, 2018

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... Read more »

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2 Answers | Asked in DUI / DWI for Texas on

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

Herman Martinez answered on Aug 7, 2018

You should call around...prices vary.

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2 Answers | Asked in DUI / DWI for Texas on

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

Herman Martinez answered on Aug 7, 2018

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.

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2 Answers | Asked in Criminal Law for Texas on

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

I didn't expect him to get arrested... I told the cops he choked me and I wrote a written statement not knowing they were taking him to jail. No previous assault charges. What is going to happen?

Herman Martinez answered on Nov 28, 2017

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... Read more »

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1 Answer | Asked in DUI / DWI for Texas on

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

how long would it take to charge me

Herman Martinez answered on Oct 16, 2017

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.

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