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Questions Answered by Herman Martinez
1 Answer | Asked in Domestic Violence for Texas on
Q: How does a victim knows the court date to attend. And does the victim needs a lawyer
Herman Martinez
Herman Martinez answered on Sep 24, 2017

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.

1 Answer | Asked in DUI / DWI for Texas on
Q: Do I have to keep the interlock on my car even if the DPS suspended my license after everything was finalized in court?
Herman Martinez
Herman Martinez answered on Aug 30, 2017

That depends on several factors that are not mentioned here. For example, did you receive probation, was your bac over .15, is your first DWI, was your license suspension? Also, I would be curious if your lawyer discussed the upcoming change in the law where you would be able to clear your record... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: If the victim of a domestic violence case does not show up to the court date, do the charges get dropped?
Herman Martinez
Herman Martinez answered on Aug 28, 2017

Not necessarily, the State may proceed to trial without the "victim" in the case. I have seen many cases go trial without the person that was assaulted by the accused.

Initially, the victim is not expected to attend court. The State attempts to talk to every victim before going to trial or...
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1 Answer | Asked in DUI / DWI for Texas on
Q: Are substances other than alcohol included under DUI/DWI charges (like pills, marijuana, etc.)?
Herman Martinez
Herman Martinez answered on Aug 8, 2017

Yes, even prescribed medication may lead to a DWI/DUI charge if it causes a person to lose the normal use of their physical or mental faculties.

1 Answer | Asked in Criminal Law for Texas on
Q: My brother got arrested for possession of drugs in his car, but it is still under my name. Would I need a lawyer?

He recently bought the car from me but did not change it to his name. I got a letter today saying I will have to show up for court. What should I do?

Herman Martinez
Herman Martinez answered on Jul 28, 2017

You should hire a lawyer asap. Additionally, I would like to know who is requesting your appearance in court. Have you been sent a subpoena? Has a prosecutor or defense attorney requested that you go to court? Is your brother saying the drugs are yours?

2 Answers | Asked in Criminal Law for Texas on
Q: Is it possible I can have a court appointed an attorney and get an outcome I am satisfied with? Comm Serv, Probation.

Poss of CS PG 3

Herman Martinez
Herman Martinez answered on Jul 10, 2017

Absolutely...in fact, some possession cases that are less than a gram are mandatory probations for first offenders.

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1 Answer | Asked in DUI / DWI for Texas on
Q: Does the amount of time before you go to court count towards the number of days your license is suspended for DWI?

Being a 1st offense what is it that hiring a DWI lawyer can help with? Do you help keep the fine lower, no probation time? what is it that you help the defendant keep from punishment wise?

Herman Martinez
Herman Martinez answered on Jul 3, 2017

I recommend that you read over the DIC paperwork that is acting as your temporary driving permit if you do not hire lawyer asap. You have the ability to prevent the suspension of your drivers license if you hire a lawyer to request an ALR hearing within 15 days of your arrest date. That hearing is... Read more »

2 Answers | Asked in Domestic Violence for Texas on
Q: How far back can the judicial system go back into criminal history for domestic violence charge in Harris County, TX

In 2002 I was charged and plead guilty to a domestic violence misdemeanor. Can another DV charge in 2017 be a felony?

Herman Martinez
Herman Martinez answered on Jun 8, 2017

Unfortunately, the State may use a 2002 domestic violence conviction to enhance a subsequent domestic charge to a felony. It would be important to confirm that the 2002 conviction had an affirmative finding of domestic violence by the court. That is done by pulling the court judgment of the 2002... Read more »

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1 Answer | Asked in DUI / DWI for Texas on
Q: Sleep at stop sign refused field and breath test said nothing to cop can I beat the case

She said I slurred speech mind u jus woke and she said my car smelled like alcohol and I told her it was my friend in the car that had been drinking till 5 am she started the field test and I told her I wasn't taking any test and had nothing else to say and to put me in the car that's all the... Read more »

Herman Martinez
Herman Martinez answered on May 31, 2017

You are presumed to be innocent! Nevertheless, you are not providing enough information to answer your question. Thus, you should hire a DWI lawyer to try to "beat" your case and save your driver's license. Please keep in mind that a person only has 15 days to inform DPS that you are going to... Read more »

3 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: What happens if I fire my court appointed lawyer before my court hearing
Herman Martinez
Herman Martinez answered on Apr 4, 2017

You will be representing yourself or hiring someone to represent you.

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1 Answer | Asked in DUI / DWI for Texas on
Q: My brother got a dui in December 2016 then another in February of 2017 with his 12 year old son in the car.

How much jail time is he looking at and is there anything a lawyer can do to keep him out of jail???

Herman Martinez
Herman Martinez answered on Apr 4, 2017

The answer depends on whether he was convicted of the December DWI before he was arrested for the DWI with a child passenger. Typically, a first DWI with no prior convictions does not get assessed any jail time with probation. Similarly, the state jail felony charge of DWI with a child passenger... Read more »

2 Answers | Asked in Domestic Violence for Texas on
Q: My husband is in jail for assault on me. There is a protective order when it expires can I visit him?
Herman Martinez
Herman Martinez answered on Mar 15, 2017

Please contact his lawyer because it is common that the court applies no contact conditions in addition to the protective order to those that are accused of family violence assaults.

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1 Answer | Asked in DUI / DWI for Texas on
Q: How can I find out if it has been 7 years since I got my DWI?
Herman Martinez
Herman Martinez answered on Mar 4, 2017

You should go to the county where you were arrested and ask for your criminal record. Please note that a criminal conviction DOES NOT come off your record after 7 years. A lot of people believe that it is like their credit report.

2 Answers | Asked in Criminal Law for Texas on
Q: I'm 16 yrs old and im pregnant the father of my baby is 22 yrs old will there be any problem with the law ?

Both our parents agreed to our relationship .

Herman Martinez
Herman Martinez answered on Feb 14, 2017

Yes, he should hire or at the very least consult with a criminal defense attorney as soon as possible.

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1 Answer | Asked in DUI / DWI for Texas on
Q: If I have two arrests for DUIs10 years ago in CA & then arrested for a DWI in TX today, is that a 3rd offense?

First DUI @ 18 (CA), 2nd @ 50 (CA), and 3rd @ 60 (TX). However, my 3rd I was driving a commercial vehicle. I know it is three crimes but would the time between them have an effect on the judges decision? What kind of consequences will I most likely face due to previous crimes?

Herman Martinez
Herman Martinez answered on Feb 9, 2017

You are facing 2-10 years in prison. If you are offered probation that will include a minimum 10 days in jail. Your drivers license will also be suspended and you willl not be eligible to get an occupational or hardship license for a fulll year after your conviction.

3 Answers | Asked in Criminal Law for Texas on
Q: I was charged for Misdeameanor B Theft, will it be on my record right now, before I get convicted?
Herman Martinez
Herman Martinez answered on Feb 1, 2017

In Harris County, Texas your arrest for theft is a public record despite a conviction. Even if your case is eventually dismissed it continues to be a public record unless you get it expunged. Please note that an expungement is separate matter.

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1 Answer | Asked in Criminal Law for Texas on
Q: convicted of state jail offense, took 8 yrs probation, probation was revoke, what is the max jail time you will receive?
Herman Martinez
Herman Martinez answered on Jan 6, 2017

The range of punishment for a state jail felony is 180 days to 2 years. http://www.martinezlawhouston.com/

2 Answers | Asked in DUI / DWI for Texas on
Q: Are the penalties worse for DWI if you have a child in the car?
Herman Martinez
Herman Martinez answered on Dec 21, 2016

Yes, a DWI with a child passenger is a state jail felony.

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1 Answer | Asked in DUI / DWI for Texas on
Q: Just got my second DUI - what's the maximum they can jail me?
Herman Martinez
Herman Martinez answered on Dec 15, 2016

The maximum punishment for a 2nd DWI is one year in the county jail.

1 Answer | Asked in Criminal Law for Texas on
Q: Can they make my husband file as a child molester if he hasn't been charged with anything

He has been accused of aggervated sexual assault but no indictment or formal charges in jail 145 days

Herman Martinez
Herman Martinez answered on Dec 13, 2016

No, a conviction is required for that to happen. Nevertheless, the court may impose bond conditions. Either ask his lawyer what is occurring or hire one if you have not already.

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