Herman Martinez’s Answers

Herman Martinez

Houston DUI / DWI Attorney.

Contributor Level 14
  1. What are possible consequences for food stamp/welfare fraud under Texas criminal code

    Answered over 5 years ago.

    1. Herman Martinez
    1 lawyer answer

    A public defender, if there is one in your county, is like everything else. There are excellent public defenders and there are medicore ones. Nevertheless, every attorney takes an oath to represent their client to the best of their abilities. A private attorney will be able to take more time with you and probably has a lot less cases to deal with then a public defender. However, do your research because hiring an inexperienced private attorney would be worse then hiring a competent public...

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  2. Is a deferred adjudication considered a conviction under Texas criminal code

    Answered over 5 years ago.

    1. Herman Martinez
    2. Thuong-Tri Nguyen
    3. Margery Ellen Golant
    3 lawyer answers

    In Texas, a deferred adjudication is not a conviction. More importantly, in your situation you can apply for a motion for non disclosure that keeps the general public, (employers, apartment complexes, etc), from knowing about the case. Your criminal record will only be available to certain governement agencies. I have blogged about this subject in the past. Please visit http://www.houstoncriminallawjournal.com/2008/08/articles/probation/clearing-my-criminal-record/ for a more detailed...

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  3. Age of consent in TX...what can my parents do?

    Answered over 5 years ago.

    1. Herman Martinez
    2. Theresa Cay Langford
    3. Fran Brochstein
    3 lawyer answers

    The man can not be charged with the crime of sexual assault if you have consensual sex since you are seventeen.

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  4. TX state criminal process, food stamp, welfare fraud, possible punishment sentence

    Answered almost 6 years ago.

    1. Herman Martinez
    1 lawyer answer

    I hate assuming that someone is guitly of a crime....a first offender in Harris County, Texas is likely to receive a type of community supervision called deferred adjudication. The benefit of this is that it is not a conviction and it can later be "cleared" from public records via motion for non disclosure.

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  5. Welfare fraud under TX state law, what are the elements of welfare fraud and punishments

    Answered almost 6 years ago.

    1. Herman Martinez
    1 lawyer answer

    Based on what you stated here you might not be guilty of this crime! You are presumed to be innocent. Accordingly, the burden of proof is on the State. You are also entitled to a trial regardless of your financial situation. Nevertheless, more investigation needs to be done before deciding what to do with your case. Since the amount in question is more than $1,500 and less than $20,000 this is classified as a state jail felony. A state jail felony is the lowest level of felony....

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  6. How can you get a sex offender charge off of your record when you're not one?

    Answered over 5 years ago.

    1. Herman Martinez
    2. Cynthia Russell Henley
    2 lawyer answers

    In Texas you do not have to register as a sexual offender for the crime of public lewdness. In fact, it is a misdemeanor. You should ask this question in the Florida criminal defense forum because there may be something that triggers the registration there because of the definition of the crime in Texas. This is the definition for public lewdness in the Texas Penal Code 21.07 is as follows: (a) A person commits an offense if he knowingly engages in any of the following acts in a public...

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  7. What are my husband's rights after being charged with DUI and evading arrest under TX criminal code

    Answered over 5 years ago.

    1. Herman Martinez
    2. Mark W. Bennett
    3. Nicholas William Juhl
    3 lawyer answers

    I would add to check the paperwork that the police gave your husband. Typically, that paperwork has the persons signature where it states that they are refusing to take a breath test. In larger counties they are required to videotape the field sobriety tests that are conducted at the station. Since you did not provide the county where the arrest occurred I can not answer if they tests were required to be videotaped. Your husband has the disadvantage of being on probation. It is likely that...

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  8. Food Stamp Fraud Case in Harris County Texas.

    Answered almost 6 years ago.

    1. Herman Martinez
    1 lawyer answer

    I am confused why you assume that they are commiting welfare fraud... Regardless, depending on the amount of the theft they may be charged from a misdemeanor if less than $1500 to a felony if over $1500. There are different levels for each. Go to http://mmalaw.com/texas_criminal_primer.php if you would like to see the classification for a misdemeanor or felony. Lastly heere is where you can find the theft penal code. http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.007.00....

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  9. TX age of consent laws, 25 year old male and sex with 17 year old daughter, statutory rape laws in texas

    Answered almost 6 years ago.

    1. Herman Martinez
    2. Anthony John Colleluori
    2 lawyer answers

    I agree with the first answer....your only hope is that it can be proven that they began their sexual relationship before your daughter turned 17.

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  10. Will serving probation for petty theft be on a person's record permanently under TX law, expunge petty theft charge

    Answered almost 6 years ago.

    1. Herman Martinez
    1 lawyer answer

    In Texas if you receive a probation for theft or take time served it will be permanately on your record. You will not be able to have it expunged at a later date. Second, a deferred adjudication, (another form of probation). may be “cleared” from your record. The instrument used to “clear” a deferred adjudication from your record is called a Motion for Non Disclosure. Some deferred adjudications may be “cleared” immediately after sucessful completion. Others may take as long as five years...

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