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Herman Martinez
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Herman Martinez’s Answers

314 total


  • What happens when your on bond for a felony case and you get arrested for 2 oz an less of marijuana

    First time offense for felony case

    Herman’s Answer

    I agree with Ms. Henley. You need a lawyer asap. If you have a lawyer for the felony case you should contact him/her immediately to let them know about your recent arrest. The prosecutor for the marijuana case is going to contact the felony prosecutor who is likely going to request the Judge to raise your bond.

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  • It's been two years since I got a DUI. If it hasn't been filed by now are they dropping the case?

    I got a lawyer recommended by a friend who was a lawyer, paid him, gave him my info, and asked him to keep me updated. I've had very little communication with him, but last thing he said was that it wasn't filed and that they had two years to file...

    Herman’s Answer

    Your lawyer is correct, but that is not a reason for him not to return your emails. In my opinion, you should try contacting his office to make an appointment or mail him a certified letter with a return receipt requested. There is nothing to drop since charges have not been filed.

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  • Motion of Non-disclosure

    It is privately owned by physicians and a major for profit corporation. I have had the non-disclosure for about 3 years on an incident that occurred 5 years ago. Clean record otherwise except for traffic stuff. It will be in a ...

    Herman’s Answer

    You should understand that the Government will ALWAYS see the arrest, deferred adjudication. It is my understanding that most medical professionals need some sort of accreditation. Thus, if you fall into that category whoever is accrediting you will likely see the record despite the non disclosure.

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  • Removal for record

    in 2007 I was placed on deferred adjudication for forgery I completed all of my probation 4 months early I assumed that it would be removed but it was not now I have a hard time finding GOOD employment because it keeps showing up it was a misdemeanor

    Herman’s Answer

    You may be immediately able to file a motion for non disclosure if it reduced to a misdemeanor. You may or may not have to wait if it was a felony. Once you contact a lawyer they will be to tell you.

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  • My judge said I didn't have to pay my fees to the court or to my probation officer but my probation officer says otherewise

    I had problem paying fees due to disability..I'm am waiting for did..THe judge said dont worry about paying your fees and told my probation officer I didn't have to pay anything unless I got my disability benefits before my probation was up..my p...

    Herman’s Answer

    In addition to what was stated, I would request the judgment from the court. It is possible that it was enumerated in that document. Also, you should contact the court's probation officer and her immediate supervisor to make them aware of your situation.

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  • Dwi with child under 15 in texas

    my daughter in law was charged with a dwi with child under 15 in texas. My 3 yr old granddaughter was the child passenger. My understanding is she was on prescription drugs. She has only one misdemeanor for theft as the only prior. what is she s...

    Herman’s Answer

    While she is facing 180 days to 2 years in a state jail and up to a $10,000 fine that is NOT going to happen to year. Unfortunately, in Texas it is not a defense that someone is taking prescribed drugs when intoxicated. Nevertheless, she is presumed to be innocent. If she merely told the officer about her prescription that will not be enough for the consumption of the drugs to be introduced against her at trial. In my opinion, even if she found guilty of this offense it should be a probation case. The most pressing issue she has is that her driver's license may be suspended if she does not request a hearing within 15 days. There a lot of subtle issues in a DWI/DUI case.

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  • Where can I find out what the police are trying to charge me with and what do I do now?

    the police showed up at my house early this morning with a search warrant and told the gentlemen I live with that they had 200 pictures of me and that I had been sending pictures to a minor which I hadn't they asked about the computers and tablets...

    Herman’s Answer

    You need to sit down face to face with a criminal defense attorney. Talking to the police without a lawyer is naive, foolish, ill advised. Hire someone that you are most comfortable representing you.

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  • What will be said in a court room if i got convicted with POM? And another person was with me and 2 others and he left running?

    Im a 17 year old female , that went to jail because of having marijuana in my possesion and i am just wondering and very curious og what will be said in the court room?.

    Herman’s Answer

    First, you are presumed innocent. Thus, it is possible you may never be convicted. The fact that you were arrested does not make you guilty. Every criminal case is different so please attempt to hire an attorney to represent you. If you can not afford to hire one the court should appoint one for you.

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  • Probation Possible for 2 felony Charges if first time offender? Theft 20k-100k (admission of guilt) Poss cs 1 4g-200g

    I was charged with felony theft 20k-100k in harris county texas, I was accused of stealing money via my grandfathers (currently live with) checkbook. A warrant was issued for my arrest I was pulled over by the investigator and upon agency taking "...

    Herman’s Answer

    I completely agree with Ms. Henley previously stated. You need to hire a Harris County Lawyer as soon as you can. Start reaching out to some, once you are comfortable with 2-3 meet with them in person. Most attorneys I know will meet with you in person if you are legitimately thinking about hiring them. Additionally, most criminal defense lawyers will allow you to make payments on your case after you pay a reasonable retainer fee.

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  • Adjuster License - Texas Department of Insurance

    I filed for non-disclosure on a Class A - theft misdemeanor last year. Charges were in 2011. I am now enjoying my new job but find myself in a situation. My employer requires I take the licensing exam in order to move on to the next phase of my em...

    Herman’s Answer

    You essentially answered your own question...when seeking licensing from a Government entity they will see your previous guilty plea that was deferred. Nevertheless, they will see that you successfully completed the deferred that was subsequently ordered to be non disclosed.

    You may want to ask this question in the employment or insurance law section in order to determine if this will preclude you from getting licensed. Additionally, there are lawyers that specialize in professional licenses that you may want to contact.

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