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Questions Answered by Herman Martinez
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.

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...
Read more »

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 <28g DFZ

Poss of Marij <2oz DFZ

Poss of Drug Paraph

No search warrant issued. Says she pulled me over because I looked suspicious. I am a struggling addict that needs help with my addiction, not a violent criminal. I may lose my wife if I go to jail.... Read more »

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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