State Charges

From the moment that you hire my firm to represent you, I am looking for a way to get the charges dismissed. Unless the client directs me to, I will not negotiate with state or federal prosecutors until me and the client have reviewed and discussed all of the evidence in the case. During the evidence review stage, it is always my mission to outwork and outsmart the prosecution in every step of the way. Think about it, prosecutors have hundreds of cases. There is absolutely no reason why they should be more prepared than the criminal defense lawyer.

The Criminal ProcessTypes of Crimes in Texas

The Arrest

you are viewing this page it is probably because you or your family has been arrested. If this is the case, call Attorney Javier Martinez to discuss your case. You can also use this page to help you during the criminal process.

If the accused was arrested by state law-enforcement in Houston, they will more than likely be taken to the Harris County Jail. If you believe the FBI, HSI, or DEA arrested the accused, visit the “Federal Charges” page for more information. The website for the Harris County Jail is this https://www.harriscountyso.org/JailInfo/. Their phone number is (713) 221-6000.

After the arrest, the criminal defense attorney can begin investigating the case. Normally, if the individual has valid immigration status, they can be released on bail. Remember bail bond companies can be dishonest. If you have been arrested, call me at (832) 589-4244 so that I can advise you on what is the best way to move forward.

In state court, almost all defendants are entitled to bail. After the arrest, the defendant can post bail within 24 hours or so. The amount of bail depends on the case. For felonies, this page will give you an idea of what the bail amount will be https://www.justex.net/BailBondSchedule.aspx. For misdemeanors, this page can help you determine the bail amount http://www.ccl.hctx.net/attorneys/bailschedule.pdf. For more information, call attorney Javier Martinez at (832) 589-4244.

The Criminal Process in State Court

Normally, a case in state court lasts from 6 months to 1 year. Misdemeanor cases last between 4 to 6 months. Felonies last from 6 months to 1 year. Right now, the misdemeanor court cases are being held at 1115 Congress. This is a link to the list of courts http://www.ccl.hctx.net/admin/documents/CCCL%20Court%20Locations%2011×17.pdf

Felony cases may be pending in several buildings. Your bail bond paperwork will usually tell you where your court location is. This website can help tell you where you need to be https://www.justex.net/JustexDocuments/0/CourtLocations1227.pdf

The first court setting is not a trial date. At the first court setting, the judge will ask you if you have hired a criminal defense attorney for your case. The first court setting is the initial opportunity to start fighting the case. If you are in this situation, talk to Attorney Javier O. Martinez at (832) 589-4244. It is always recommended to have an attorney as soon as you can.

Disposition of the Criminal Case

Attorney Javier O. Martinez can help you resolve your criminal case. Normally, the five options to solve a criminal case are the following:

  1. The state dismisses the charges.
  2. The state reduces the charges.
  3. The case is won at trial.
  4. The state makes the defendant an offer to resolve the case.
  5. The jury finds the defendant guilty.

How your case gets disposed of depends on the facts of the case, the evidence the state has against you, and the criminal defense attorney who is defending you. Attorney Javier O. Martinez will always fight for option number one. If option number one cannot be obtained, we will work towards what option is the best for you and your family. Call (832) 589-4244 for a free consultation and explanation of the criminal process.

Misdemeanor Crimes

The misdemeanor offenses that my firm handles are Class A & B misdemeanors. Class B offenses have a possible sentence of no more than 6 months in jail and up to a $2,000 fine. Class A misdemeanor have a potential punishment of up to a year in jail and up to a $4,00 fine.

The most common misdemeanor crimes are the following:

  • DWI (Driving While Intoxicated)
  • Assault
  • Assault – Family Violence
  • Theft
  • Possession of marijuana
  • Possession of controlled substance
  • Evading arrest

There are a wide variety of misdemeanors in the State of Texas. Attorney Javier O. Martinez has experience in the most complicated misdemeanor offenses. If you need advise on how to defend a criminal case, call my office today. We are available and happy to help you during this difficult time in your life.

Felony Crimes

A felony on your record can have serious consequences in your life. You can lose the ability to obtain federal benefits, lose your right to vote, jail, and worse, deportation. To individuals who are not citizens of the United States, felonies and certain misdemeanors, have to be evaluated with a lot of quality and experience. Attorney Javier O. Martinez has a lot of experience in these situations. Every case is different, but Javier has managed to save people who are at risk of being deported. For more information, call (832) 589-4244.

There are different types of felony offenses. The classification of felonies are the following:

  • State Jail Felony
  • 3rd Degree Felony
  • 2nd Degree Felony
  • 1st Degree Felony
  • Capital Murder

The most common felony offenses are:

  • Possession of drugs (one gram to kilograms)
  • Aggravated assault
  • Aggravated assault – domestic violence
  • Assault on a family member – impeding breath
  • Aggravated robbery
  • Sexual assault
  • Homicide
  • Manslaughter
  • DWI – 3rd offense
  • Evading arrest

Attorney Javier O. Martinez has experience handling all kinds of felony crimes. He has represented many people accused of serious crimes and has had favorable results for his clients. Call today for a case evaluation.

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