Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Herman Martinez
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
PREMIUM
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... View 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
PREMIUM
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... View More

View More Answers

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... View More

Herman Martinez
PREMIUM
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... View 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
PREMIUM
Herman Martinez
answered on Apr 4, 2017

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

View More Answers

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
PREMIUM
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... View 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
PREMIUM
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.

View More Answers

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
PREMIUM
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
PREMIUM
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.

View More Answers

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
PREMIUM
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
PREMIUM
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.

View More Answers

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
PREMIUM
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
PREMIUM
Herman Martinez
answered on Dec 21, 2016

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

View More Answers

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
PREMIUM
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
PREMIUM
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.

1 Answer | Asked in DUI / DWI for Texas on
Q: Am I already guilty if I failed the breathalyzer?
Herman Martinez
PREMIUM
Herman Martinez
answered on Dec 9, 2016

No, even if all the procedures were followed and the machine was working properly all that means is that was your breath/alcohol level was at that amount at the time of testing not at the time of driving. Please keep in mind that the machine has an acceptable error rate as well. There are many ways... View More

1 Answer | Asked in Criminal Law for Texas on
Q: How bad will false allegation charges affect me?

My husband was charged for assaulting me in December 2014. I tried to tell the DA I did not want to proceed with charges. In May 2016 my husband took a plea bargain for the charge because they said they have witness statements and my personal statement.

I want to just turn myself in and... View More

Herman Martinez
PREMIUM
Herman Martinez
answered on Dec 3, 2016

You should hire a lawyer to advise you because it is unlikely that the charges will be reversed based on your new position.. The lawyer would need to investigate and talk to all the witnesses to properly advise you. More importantly, what you are considering is a jailable offense.

1 Answer | Asked in DUI / DWI for Texas on
Q: I was pulled over and failed a field sobriety test and the cops said I had to go to jail.

When I got to the station my hands swelled up from the cuffs and my blood pressure went up sky high - on site medics said I needed to go to the hospital. I spent a few hours at the hospital and then was released and came home. I was never booked at the station - what happens now?

Herman Martinez
PREMIUM
Herman Martinez
answered on Nov 22, 2016

You should be aware that a warrant for your arrest may be issued in the future. You should contact a bonding company to make a non arrest bond in the event a warrant is issued.

1 Answer | Asked in Domestic Violence for Texas on
Q: My husband denied a plea deal and was set for a probation hearing. Can he be put back on docket and take the plea?

He signed for 6 years probation for a previous case and caught a family violence felony. At court they offered him 5 years and he denied it. He was set for a probation hearing in 20 days but changed his mind and wants to take the plea. Can his lawyer put him back on the docket before his hearing so... View More

Herman Martinez
PREMIUM
Herman Martinez
answered on Nov 20, 2016

Possibly...their lawyer should be contacted immediately to notify them of his new decision. The prosecutor may or may not extend the offer again. Also, even if an agreement is reached the court must accept everything.

1 Answer | Asked in DUI / DWI for Texas on
Q: Are you required to do field sobriety exercises if you get pulled over for DWI?
Herman Martinez
PREMIUM
Herman Martinez
answered on Nov 8, 2016

The short answer is no...however, practically speaking when someone does that they are likely to be arrested. This keeps the State from collecting potentially damaging evidence. Luckily, we still have the right to refuse to cooperate with any investigation against us!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.