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4 BENEFITS OF PROBATION VS. ACTIVE JAIL TIME

websitebuilder@thryv.com — Tue, 18 Sep 2018 00:00:00 GMT

If you're facing a criminal conviction, you could be concerned about the potential of losing your freedom. Jail or prison time probably doesn't seem appealing, and you might not be excited about the idea of being put on probation, either. Even though being put on probation isn't exactly fun, it's beneficial over active jail or prison time for a number of reasons. These are a few of them.

1. You Won't Have to Leave Your Family Behind

Incarceration tears families apart. Children who were once in a two-parent household may end up in a single-parent household. Alternatively, their entire worlds can be shaken up if they have to move in with another family member or if they are put into the foster care system.

Even though no studies have been done to directly show that a parent's incarceration causes mental health issues, behavioral issues, and problems with academic performance in children, some studies do show that there is link.

It isn't just your children that you have to worry about, either. If you're married, you should know that the divorce rate for couples in which one spouse is incarcerated is significantly higher than for couples where incarceration is not a factor. You may also have parents, grandparents, or other family members who would be affected by your incarceration.

If you are on probation instead of in jail or prison, you won't have to leave your family behind to face the negative effects of your incarceration.

2. You Can Continue Working or Going to School

Getting convicted of a crime can have various effects on your future, but it doesn't mean that you don't have a future at all. Probation can help with this.

If you're put in jail or prison, you're obviously going to lose your job. You may be able to secure a job in jail or prison, but it's not going to provide you with anywhere close to the same income as what you would make otherwise. In many states, you may make just pennies per hour at a job while incarcerated.

Schooling is also available in many facilities, but it's probably not going to provide you with the same educational experience that you could enjoy while outside of jail or prison walls.

With probation, you will be encouraged to stay in school or to keep your current job. Your probation officer may even help you find a job. This can help you build up relevant work experience, bring in an income, and work toward having a career that you can be proud of and that can help support you and your family.

3. You'll Probably Be in a Safer Situation

Jails and prisons are dangerous. By serving active time, your health and safety could be put at risk.

For one thing, when you're surrounded by so many other people, infectious diseases and illnesses could be spread around.

Many jails and prisons take steps to keep facilities clean to help prevent this, but when you're in close quarters with so many people, it's impossible to completely prevent the spread of illnesses and diseases.

Physical and sexual assaults are also common in jails and prisons. This is a particular problem in overcrowded facilities that don't have enough correctional officers to keep an eye on things.

4. You Can Avoid Institutionalization

Institutionalization is a real thing. After serving time in jail or prison, a person can become so accustomed to living in this type of environment that adjusting to living life on the outside becomes difficult. For example, you might be used to not having financial responsibilities and being told what to do and when to do it, making it hard to be responsible or make your own decisions.

If you're on probation, you'll still be making day-to-day decisions and living in the free world. This prevents institutionalization, even if you're monitored to some degree by your probation officer.

Even though being on probation might have its downsides, it's better than serving active time in jail or prison. If you're facing criminal charges, have your lawyer help fight for probation rather than an active sentence, and once you're on probation, do what you can to avoid violating your probation. Contact us at Raymond Martinez Attorney at Law to find out how we can help.

DISTRACTED DRIVING IN TEXAS

websitebuilder@thryv.com — Tue, 21 Aug 2018 00:00:00 GMT

You should always make sure that you are never driving distracted. For example, you should pull into a parking lot if you have reason to answer your phone or to program your GPS. Driving distracted is dangerous. At the same time, you might think that you only need a second to look elsewhere.

In 2017, more than 537,000 motor vehicle accidents occurred on Texas roads. Nearly one-fifth of those accidents involved distracted driving and hundreds of these accidents resulted in deaths.

Distracted driving is a serious issue, especially because it can be deadly. You benefit from keeping your eyes on the road. Keep reading to see what laws Texas has about distracted driving.

What Is Distracted Driving?

Distractions are prevalent on the road, but they are more commonly found in your car. Only a split second looking away from the road can lead to a bad accident.

In Texas, distracted driving includes everything from cellphone use to inattention to the road. While driving, you could be distracted by food, drinks, or passengers. Even turning up the volume on your radio can be distracting. Before you start to drive, do all you can to minimize distractions.

What Are the Distracted Driving Laws in Texas?

As of 2017, Texas drivers are no longer allowed to read, write, or text while operating a vehicle. This law works in conjunction with the campaign Heads Up, Texas. The campaign encourages drivers not to look down at their phones.

Some drivers have been barred from using media behind the wheel for longer periods. For example, drivers under the age of 18 are not even allowed to use hands-free or Bluetooth devices, according to the DMV.

Commercial drivers have strict laws for avoiding distraction behind the wheel. For instance, bus drivers are not allowed to use hands-free devices while working.

Keep in mind that cities throughout Texas may have different regulations for phone use. Strict hands-free regulations exist in cities like Corpus Christi, El Paso, San Antonio, Laredo, and others.

Additionally, Texas does not ban the use of all electronics behind the wheel on a statewide level. Drivers are still allowed to play music, glance at a GPS, and perform other activities if they are driving safely.

In these cases, distracted driving may operate as a secondary offense , meaning that you can receive a ticket for it only after being pulled over for something else.

What Are the Consequences for Distracted Driving?

First-time offenders of distracted driving laws in Texas may face a fine up to $99. Repeated offenses may include fines up to $200. If you receive other infractions, then you may experience higher fees.

While you may pay more with each fine, you will not lose your driver's license if you have distracted driving tickets because the infraction is not considered a moving violation.

If you cause an accident while using your phone and the result is death or serious injury, then you may be charged with a Class A misdemeanor. This charge comes with a bigger fine and the possibility of a year in jail.

What Should You Do If You Get a Distracted Driving Ticket?

You might consider hiring an attorney if you feel that you were issued an unfair distracted driving ticket. If you were pulled over unfairly, then you may have legal grounds to avoid paying fines. If you were in an accident, then hiring an attorney is critical for your defense.

When you have questions about misdemeanors and even more serious legal issues, Raymond Martinez Attorney at Law can help. Call our office today to set up a consultation.

CHARGED WITH METHAMPHETAMINE POSSESSION? HERE'S WHAT YOU NEED TO KNOW

websitebuilder@thryv.com — Fri, 22 Jun 2018 00:00:00 GMT

Texas takes its drug laws seriously. If you are being charged with methamphetamine possession in Texas, you may face serious legal consequences. You are right to be concerned. Meth is a highly addictive substance, and the chronic use of methamphetamines has been associated with increases in violence and crime.

Texas police are trying to step up and stop meth use from permeating the state because the manufacturing and distribution of meth is a growing problem in Texas. You will find that the courts are active in pursuing cases like yours because they want to see the drug off the streets.

Methamphetamine charges are serious for a reason. Meth is not only dangerous to use but also dangerous to manufacture. Those who manufacture the drug at home are putting others at risk. If you are facing charges for meth, this guide will help you decide what steps you need to take next, whether you decide to plead guilty or hire a strong defense attorney.

THE LAWS FOR POSSESSION OF METH IN TEXAS

Methamphetamine is a serious concern for Texas lawmakers, which means that having even a small amount of meth is a serious crime. In fact, meth is part of the top tier of dangerous drugs according to state laws.

Laws are often more strict for distribution and manufacturing of methamphetamine because distribution has a higher likelihood of causing harm to others.

The laws are less strict for paraphernalia associated with methamphetamine. Needles are one common example of paraphernalia, but pipes and even hollow pens may be enough to get a paraphernalia charge added onto possession charges.

THE PUNISHMENTS FOR POSSESSION OF METH IN TEXAS

If you are found with less than one gram of meth in Texas, you could be facing a felony charge and up to two years in prison. The fines associated with a conviction could range up to $10,000. The punishment for drug paraphernalia associated with meth is similarly levied.

Individuals convicted of having between two and four grams of meth may face up to 10 years in prison. The fine may also steepen as the amount of the substance increases. And possessing more than four grams of meth could lead to spending 20 years behind bars, but in cases where individuals possess hundreds of grams, the punishment could be life imprisonment.

If you are a first-time offender, you may be eligible for drug court. Under the laws associated with drug court, you may be required to attend a treatment program, maintain employment, and pass drug tests at random.

THE DEFENSE FOR POSSESSION OF METH IN TEXAS

With a strong defense, you could find yourself facing less severe charges and consequences. Lawyers may be able to work with the evidence you have to minimize charges. Building a defense for meth possession may involve trying to demonstrate that the arresting officers did something illegal.

Your lawyer will look for signs of entrapment, for instance. The officers could have also planted a substance on your person or in your property. Most cases involving meth possession in Texas will result in a plea bargain rather than a trial. A lawyer can facilitate the process to ensure that you are receiving a fair deal.

A private attorney can benefit you in the long run. Drug possession charges can affect your ability to rent a home or land a good job. Your attorney will help you fight unfair charges. Raymond Martinez Attorney at Law offers effective legal counsel. When you are unsure how to proceed with your drug possession charges, you can fight back. Call us today to set up a consultation.

4 WAYS YOUR CRIMINAL RECORD CAN IMPACT YOU

websitebuilder@thryv.com — Tue, 22 May 2018 00:00:00 GMT

Sometimes even good people can do stupid things that result in them being charged and/or convicted with a criminal offense. Unfortunately, having a criminal record can have lasting repercussions on your life. Even once the case is over, you still have to disclose it in certain instances. Failure to do so could result in even more punitive actions.

Here are a few areas where your criminal record may have an impact and two ways to reduce the impact your record has.

1. EMPLOYMENT

Most employment applications ask if you have been convicted of anything more than a minor traffic violation. While answering yes does not always eliminate you from obtaining the job, you can rest assured it will result in further questions from your potential employer.

While some employers are willing to consider the charges and the time that has elapsed since the offense, other employers are not as forgiving. Sometimes simply answering yes to the question will result in you being rejected.

2. PROFESSIONAL LICENSURE

Did you know if you work in a profession that requires you to have professional licensure, your licenses could be denied, suspended, or revoked based on a criminal conviction that is directly related to your occupation. Even if your conviction is not directly related, the licensing agency may still penalize you if the conviction is less than five years old.

Most licensing agencies require that you report a conviction within a specified period of time. Failure to do so could result in your licenses being immediately suspended or cancelled.

3. FINANCIAL AID

Did you know that certain criminal convictions could affect your ability to obtain many types of federal financial aid if you are in school? These include convictions on drug charges and certain sexual offenses.

Your financial aid may be suspended upon you being charged with a drug offense but may be completely cancelled if you are convicted of the charge. If you have already received aid during the year of your conviction, you may be required to return it.

You may be able to regain your eligibility for aid when you complete an approved drug rehabilitation program or successfully pass two unannounced drug tests administered by the program.

4. HOUSING

Did you know that some public and private landlords require a criminal background check on anyone who is applying to rent from them? Having a criminal record could jeopardize your ability to obtain housing. Unfortunately, this is legal because the landlords can argue you may be a risk to the health and safety of other residents.

What Can You Do?

Fortunately, in Texas, you have a few options for reducing the impact your criminal record has on your life.

Expungement or Expunction

You may qualify for an expunction of your arrest records, court records, and criminal history if you were not found guilty, the charges were dropped or dismissed, or you received deferred adjudication on a Class C misdemeanor and have completed your community supervision. Expunction will not only clear your record but will also allow you to honestly answer no to any criminal conviction questions.

Orders of Nondisclosure

If you do not qualify for an expunction, you may still be able to reduce the impact of your criminal record by applying for an order of nondisclosure. While this order does not expunge or clear your record, it seals it from the general public and potential employers. Be mindful that certain levels of government agencies will still be able to see it.

You will be able to obtain an order of nondisclosure immediately following a misdemeanor, but you will have to wait five years to seal a felony. Unfortunately, some serious felonies will never be able to be sealed or covered under an order of nondisclosure.

If you want know the best choices you have to reduce the impact your criminal record is having on your life, you need to contact Raymond Martinez Attorney at Law . We will always put you first and make your case our top priority. Let us help you create a better life.

WHAT HAPPENS IF YOU VIOLATE PROBATION IN TEXAS?

websitebuilder@thryv.com — Wed, 09 May 2018 00:00:00 GMT

Texas takes probation violations seriously. When you fail to follow court orders, the legal system considers it a grave offense. For this reason, you should always try your hardest to abide by all the restrictions levied by the judge.

Probation is considered to be somewhat of a second chance. You may have restrictions, but you are otherwise free to live your life outside of jail or prison. When you violate probation or are accused of violating probation, this freedom is in jeopardy.

WHAT ARE THE TYPES OF PROBATION IN TEXAS?

Texas has two types of probation, which may differ from other states.

One type of probation is known as deferred adjudication. A violation to this probation is serious because you are considered to be breaking a second chance offered by the court. Essentially, successfully completing deferred adjudication probation in Texas typically means that your charges will be dismissed. No further action will be taken against you if you don't violate the probation restrictions.

The second type of probation is known as a straight probation. Straight probation occurs when you already have a conviction on your record.

WHAT COUNTS AS A PROBATION VIOLATION?

Probation violations come in many forms. In many situations, people fail to check in with their probation officers during scheduled appointments. In other cases, people are arrested again and face new criminal charges, potentially voiding a probation agreement.

One of the most common causes of probation violation is the failure to pass a drug test. You might be restricted from drinking or spending time with certain people, and failure to abide by these restrictions means you might face consequences.

Probation violation also results from failure to abide by court-appointed punishments, such as failure to pay fines or perform community service duties. Perhaps you failed to attend treatment sessions or courtmandated counseling appointments.

WHAT HAPPENS IF YOU VIOLATE PROBATION?

If you violate your probation, consequences fall on a spectrum. In some cases, you could merely be issued a warning. Low-level offenses usually accompany a warning, especially if your probation officer has a large caseload.

In other cases, you might be issued a notice to appear in court. Appearing in court is typically associated with larger violations or if you violated probation for a felony.

In the case that you have to go to court, the prosecution will present evidence of your probation violation. Evidence could come in the form of photos, social media posts, or testimony from your probation officer.

Your probation officer may play an essential role in determining the severity of your consequences. In making a determination, the judge will consider everything from past violations to the type of condition you violated as are presented by your probation officer. For this reason, you should always communicate with your probation officer as much as possible.

If the court finds you guilty, you will receive your sentence at some point after the hearing. In the interim, you might have extended probation or serve time in jail. In severe cases, the court may opt to revoke your probation entirely.

WHAT SHOULD YOU DO IF YOU VIOLATE PROBATION?

Considering that violating probation could mean potential jail time, you should never go to court for probation violation without an attorney. You have legal rights in court, and hiring a criminal defense attorney to manage your case means you may avoid extreme penalties and consequences.

We offer highly-skilled criminal defense attorneys who understand that you have legal rights. We also have compassion and respect for all of those who are in positions just like yours. Not sure if you need a lawyer for your upcoming probation violation case? Make an appointment with our professionals today.

GUIDE TO DEALING WITH SHOPLIFTING CHARGES IN TEXAS

websitebuilder@thryv.com — Sat, 28 Apr 2018 00:00:00 GMT

If you're accused of shoplifting in Texas, it's important to understand your rights, what can happen if you're convicted, and your possible defenses. Here's a guide to the basics.

WHAT CAN CAUSE A SHOPLIFTING CHARGE?

In Texas, you can be charged with shoplifting for a variety of reasons. Of course, the most common charge relates to taking an item out of a store without paying for it.

However, you can also be charged with shoplifting for switching a price tag on an item, trying to return an item that was reported stolen, serving as a distraction while someone else lifted an item, encouraging someone to steal, or acting as a lookout while someone else steals something.

In addition, you can face arrest for shoplifting even if you didn't actually steal anything. If it seems like you had every intention of stealing something, for example, if you hid an object under your clothing, then you can still face charges.

WHAT ARE THE POTENTIAL PENALTIES FOR SHOPLIFTING?

The penalties for theft vary according to the value of the items you're accused of stealing or trying to steal. The breakdown works like this:

Theft of items valued under $50 results is a Class C misdemeanor and a penalty of up to $500. No jail time is usually given.
Theft of items valued between $50 and $500 results in a Class B misdemeanor and a penalty of up to 180 days in jail and a $2000 fine is possible.
Theft of items valued between $500 and $1,500 is a Class A misdemeanor. This is very serious and can result in up to a year in jail and $4,000 in fines.
Theft of items valued over $1,500 is a felony. That can result in jail time of up to two years and a $10,000 fine.

In addition to criminal penalties, you can also face a civil lawsuit. The store owner can pursue you in court for the cost of any merchandise that wasn't returned.

WHAT ARE YOUR RIGHTS IF DETAINED BY STORE SECURITY?

Most shoplifting charges come after loss-prevention officers (store security) have detained someone. While store security personnel have some broad latitude in using reasonable force to detain you until the police arrive, they cannot violate your rights. That means:

They cannot force you to make a statement. Stay silent and do not offer any statements that could later be used against you.
They can pat you down but they cannot force you to undress. If asked for your permission for a search, refuse.
They cannot force you to sign a statement acknowledging the theft. If they offer one, don't sign. Just like a verbal statement, it could later be used against you.

It's generally in your best interests to stay calm and collected if you're accused, no matter what the situation. If you feel threatened, then insist that the police come to the scene. If they don't want to call the police, then you should insist on being released. You are always wiser if you deal with the police, rather than store security.

WHAT ARE POSSIBLE DEFENSE OPTIONS?

Every situation is unique, so not all of these defenses may apply in your case. In general, the most common defenses include:

You had no intention to steal the item. You simply made a mistake and forgot about the item.
You didn't know that another person intended to steal anything. You aren't responsible for the actions of others when you didn't intentionally assist them.
The item is yours in the first place. For example, you're accused of stealing a purse that you actually carried into the store.

The intent is the most important element of most shoplifting charges. If a store can't prove you acted with any intention to steal, you can often defeat the charges. Sometimes, an experienced attorney can help get the charges dismissed before you ever go to trial - unless the evidence against you is very strong.

Any accusation is a serious matter, so don't take a shoplifting charge lightly. Contact the office of Raymond Martinez Attorney at Law immediately to protect your rights and your future.

UNDERSTANDING TEXAS DOMESTIC VIOLENCE LAWS

websitebuilder@thryv.com — Sun, 11 Mar 2018 00:00:00 GMT

The punishments for domestic violence are serious, as are the social consequences associated with being convicted of this crime. If you find yourself being charged with this crime, acting quickly is crucial to your defense and your future.

In Texas, domestic violence is considered the intentional, knowing, or reckless action resulting in the bodily injury of another person or potential injury. In some cases, you might not inflict pain or injury on somebody else but rather give somebody the impression that you are.

This guide will answer some of the most common questions about domestic violence issues. If you are charged with this crime, you need to have a solid understanding of the laws so that you can make good decisions for your future.

WHO CAN FILE A DOMESTIC VIOLENCE COMPLAINT?

Typically, domestic violence is thought to be committed against spouses and romantic partners. On the other hand, you can also be charged with domestic violence based on the allegations of any individual related by blood, marriage, or adoption. Victims of domestic violence could also be children, parents, and other family members.

Domestic violence can also be committed against an individual sharing a residence with you. This could include a friend who is also a roommate or a live-in nanny.

WHAT OFFENSES COUNT AS DOMESTIC VIOLENCE?

Texas domestic violence cases are often the result of a physical altercation between two family members. Specific offenses could range from criminal threats to kidnapping, encompassing a variety of physical and threatening acts in between.

Physical domestic violence may include hitting, punching, kicking, child abuse, and sexual abuse. Threats of physical violence are also encompassed in this legal matter, even if they do not include physical action.

When domestic assault involves a deadly weapon, it is considered aggravated domestic assault, which is a first-degree felony. Deadly weapons include firearms, knives, baseball bats, and even rope. In some cases, vehicles are also considered deadly weapons.

WHAT ARE THE PENALTIES FOR DOMESTIC VIOLENCE IN TEXAS?

Texas considers many domestic violence charges to be Class C misdemeanors. The punishment for this misdemeanor is up to one year in jail and a relatively small fine.

In some cases, you may find yourself slapped with a first-degree felony, which can lead to life in prison on top of a serious fine. This more serious offense could be based on prior convictions, the relationship between the accused and the victim, and the use of force, suffocation, and/or strangulation.

Depending on your charges, the judge may also order you to undergo violence counseling or community service. Not to mention that your criminal history can follow you around, even influencing what kinds of jobs you can have. And depending on the type of offense you are charged with, you could also find yourself losing the right to own a firearm.

HOW CAN YOU DEFEND YOURSELF AGAINST DOMESTIC VIOLENCE ALLEGATIONS?

When you enter the courtroom, the prosecutor's aim is to demonstrate to a jury that you acted with intention or knowledge, possibly leading to bodily injury. The prosecutor must prove that this is true beyond a reasonable doubt.

You may be able to argue that the domestic violence was unintentional or that you committed an action without knowledge. In some cases, an attorney will argue that the offense did not occur, and perhaps that the victim is mistaken about the events or that he or she created the story. You may also be able to use a self-defense argument in the courtroom.

If you’re facing criminal charges, protect yourself in the courtroom with a good attorney. Raymond Martinez, Attorney at Law , is here to help you by providing you with solid representation.

DEFEND YOURSELF AGAINST TEXAS DRUG CHARGES

websitebuilder@thryv.com — Tue, 20 Feb 2018 00:00:00 GMT

When you are charged with possession of an illegal substance in Texas, you have too little time to think about the consequences before you face trial. Many people become intimidated by the charges during this time, feeling that there is no hope.

The truth is that you have rights you might not be aware of, and a wealth of possible defenses against drug charges await you. With the help of legal counsel, you may be able to fight back against the charges. Your first step is to understand Texas and the state's strict drug laws and consequences.

WHAT ARE POSSIBLE DEFENSES FOR DRUG CHARGES?

You need not feel that you have little recourse when it comes to fighting back against drug charges. With your legal professional, you can determine which of these defenses work best for you.

Unwitting possession - This defense is best when you are in a situation in which you had no idea drugs were present. For instance, you might have been working as a delivery person for a messenger service and unwittingly delivered illegal substances to another individual. In another case, the illegal substance may have been found in your apartment even though you had no idea it was there.

Lack of possession - When you use this defense, you are essentially saying that the drugs found on your person or property were not yours. For instance, you may own a car you were driving, but drugs found in the backseat of the car belonged to one of your passengers.

Entrapment - Entrapment is a common defense used in court, especially in areas where police may have a history of abusing power. Similar defenses may include illegal search, planting evidence, and threatening witnesses.

Medical use - In some cases, like with prescription medications and marijuana, you may be able to demonstrate that the substances were meant to be used as a legal prescription.

Insufficient quantity - The amount of the substance you are thought to be in possession of is significant. When you are charged with having a small amount of a substance, you may be able to demonstrate that the amount does not meet the legal requirements for such strict charges.

WHAT ARE THE CONSEQUENCES FOR DRUG CONVICTIONS IN TEXAS?

Texas, like other states, has a schedule of drugs detailing which are to be considered more serious. The schedule details which drugs and amounts are considered misdemeanor and felony charges.

The legal consequences for drug possession in Texas are also based on your age, location (like a drug-free zone), and whether you were driving or at work at the time of the arrest. Your sentence may also take into consideration any prior convictions you have had for drug-related offenses and whether you also had drug paraphernalia with you.

The manufacture, delivery, or possession of illegal substances may require that you spend at least 180 days in jail, but you could also receive a life sentence in some cases. You may also be charged a fine of up to $250,000 depending on the circumstances.

Some substances, like cocaine, are considered a felony no matter how much is in your possession. The other most serious drug charges are for opioids, methamphetamines, LSD, and hallucinogens. PCP and ecstasy are in the next stage, followed by prescriptions with stimulant and depressive effects. Marijuana is considered the least serious of the drugs on the schedule.

No matter what types of charges you are facing, you should never represent yourself in court. Strong criminal defense requires a reliable criminal defense attorney. We aim to serve our clients by presenting a solid base of facts in court. Call our office today to set up a consultation.

DON'T END UP VIOLATING YOUR PROBATION AND GETTING INTO TROUBLE

websitebuilder@thryv.com — Thu, 25 Jan 2018 00:00:00 GMT

You likely have no intention of violating your probation and getting yourself into more legal trouble than you've already experienced. But without understanding at least the basics, violating probation could be easier than you might think. Here's how to make sure you don't end up with a probation violation charge.

DON'T MISS SCHEDULED APPOINTMENTS

By missing just one scheduled appointment with your probation officer, you could find yourself in violation of your conditions and end up facing reprimands the negatively affect your quality of life as time goes on.

If an emergency arises, you get legitimately ill, or you can't get time off of work to see your probation officer on a predetermined date, you should be able to contact them and reschedule without violating your probation. But if you reschedule too often or simply don't show up, your probation officer may file a report and decide that they should take further action.

So make sure that all scheduled appointments with your probation officer are your top priority and that you contact your officer in advance whenever possible if you can't make an appointment for any reason whatsoever.

BE HONEST ABOUT DRUG AND ALCOHOL USE

If you are required to submit to regular drug and alcohol testing, it's in your best interest to be honest with your probation officer and let them know about any alcohol or drug use before a test is scheduled to take place. If you try to hide the fact that you've fallen off the wagon and you get caught, you will likely be in more trouble than if you were to fail your test.

If you are upfront about having a drink or falling back into bad drug habits, your probation officer will be more likely to give you another chance and reschedule your test for you. At the very least, the judge will consider your honesty if you end up failing a drug or alcohol test.

GET INVOLVED IN YOUR COMMUNITY

Getting involved in your community by volunteering your time at places like churches or charity organizations is not only a great way to show your probation officer that you're serious about staying out of trouble, but it will also help prove that you are ready and willing to be a contributing member of society.

And you'll get a lot out of volunteering your time too. Volunteers tend to have lower depression and mortality rates compared to those who don't volunteer — you can expect to enjoy a better quality of life as a community volunteer. And you'll be less likely to fall back into old habits that could jeopardize your probation.

STAY AWAY FROM OLD ASSOCIATES

It's important to stay away from old associates who were involved in the same crime you were convicted for to minimize the chance that you'll violate your probation.

And if an associate violates their probation or gets into trouble with the law again, you may get caught up in their troubles which could jeopardize your own probation. It's best to stay away from any associate who could pull you onto a path that ends with a violation of your probation.

WHEN IN DOUBT, CONSULT A LAWYER

If you are ever in doubt about things like whether a lifestyle change you're thinking of making or an action you plan to take will result in a violation of your probation, it is crucial to consult with an experienced attorney who can advise you on how to handle any sticky situation.

An experienced probation lawyer can also represent you if you do end up violating your probation, which should help minimize the possible repercussions you may face.

If you're concerned about violating your parole or you have already done so, contact us today to learn how we can assist you.

MAILED A MOTION TO REVOKE? GET ANSWERS TO YOUR QUESTIONS

websitebuilder@thryv.com — Thu, 18 Jan 2018 00:00:00 GMT

When you are on probation, the last thing you want is to receive a motion to revoke. If you have received one of these notices, then you likely have many questions about what this means, why it is happening, and what it means for your future. Here are answers to frequently asked questions about receiving a motion to revoke.

WHAT IS A MOTION TO REVOKE?

A motion to revoke is a motion filed by a prosecutor to revoke your probation. This is either at the request of the prosecutor’s office or at the request of your probation officer.

WHY WOULD A MOTION TO REVOKE BE FILED?

When you are placed on probation, you are given specific rules that must be followed as part of your agreement to be released. Should these be violated, a motion to revoke can be filed. The most common reasons a motion to revoke is filed is because:

You failed a drug test or did not show up for a drug test
You did not complete community service or a court-ordered class
You failed to pay fines or restitution
You missed appointments with your probation officer
You were charged with another crime
You had contact with a victim you were ordered to stay away from
You violated travel orders

Always read through your paperwork to find out what is required of you when you are placed on probation. If you have any questions about what you can or cannot do while on probation, then ask your probation officer. If you violate any terms, even if it happened unknowingly, a motion to revoke can be filed against you.

CAN YOU FIGHT A MOTION TO REVOKE?

If you have received a motion to revoke, then there are ways to challenge it. The first way to fight a motion to revoke is to have your attorney reach out to the prosecutor to get the motion to revoke withdrawn. This is done by providing proof that the motion should not have been filed.

For example, if the motion was filed for failing to complete alcohol courses, then the attorney can submit proof of completion. If you did do something wrong, then an attorney can negotiate a deal in exchange for the motion to be the withdrawn. Such deals normally included added length to your probation sentence.

If you are not represented, and the prosecutor will not withdraw or dismiss the motion to revoke, a court date is scheduled for a probation revocation hearing. You will testify in front of a judge, which allows you to fight having your probation violated or revoked. You are also able to issue a statement explaining why you should be allowed to remain on probation.

WHAT DOES A JUDGE LOOK AT WHEN MAKING A DECISION?

A judge will look at many factors when deciding whether to revoke your probation at a probation revocation hearing. They look at the severity of the crime you were found guilty of and the severity of the offense you committed to bring about the revocation hearing.

They also look at your past criminal history and whether you are a repeat offender. Lastly, they look at any previous probation violations — how many there were and what they were for.

If you have received a motion to revoke, your freedom is at stake. If you are found to have violated your probation, then sentencing options include jail or prison. At Raymond Martinez Attorney at Law, we know just how important your freedom is, which is why we will fight to keep you on probation. Contact us today to discuss your case and find out how we can assist you with a motion to revoke.

WAS YOUR TEEN CHARGED WITH A CRIME? 3 ACTIONS TO TAKE

websitebuilder@thryv.com — Wed, 27 Dec 2017 00:00:00 GMT

If it's not your worst nightmare as a parent, it's certainly close: you've received a phone call from the police informing you that your teen has just been charged with a crime. No matter how serious the charge is, you likely feel anger, dread, frustration, fear and an overwhelming powerlessness to protect and help your teen.

However, just because your teen has been charged with a crime and faces a trial doesn't mean you, as their parent, are helpless or alone. Below, we'll tell you what steps you need to take as soon as you learn about your teen's charge. Taking these steps can help ensure that your teen gets a just trial and the representation they need when dealing with the legal system.

1. KNOW YOUR CHILD'S RIGHTS

As soon as you receive a call notifying you of your child's arrest, jump into action to ensure your child's rights are protected. Detained minors have the right to:

Place a phone call
Be told what crime they're charged with
Be read their Miranda rights
Contact a lawyer

Make sure that your child isn't being held without due process - if they are, start documenting the abuses of justice immediately and get in touch with a lawyer.

At the same time, bear in mind that juveniles don't have all of the same protections as adults. For instance, juveniles don't have the right to bail, so a judge doesn't necessarily have to grant bail if they don't think your teen should be allowed back in public. In most cases, though, the judge will probably release your teen back into your care to await trial.

2. LEARN ABOUT WAIVERS

In most cases, you can expect your child to be tried in a juvenile court if they ever reach the court at all: 20 percent of juvenile cases get dismissed before they reach the court, and nearly a quarter can be handled outside the court without the need for a formal trial.

However, although most teenagers are tried in juvenile court, there are a few exceptions where a judge can request a waiver that sends your child to an adult court instead. For instance, if your teen is accused of a serious crime like homicide or has an extensive criminal record, the judge might waive your child's juvenile court protections. Your teen would then be tried as an adult.

Being tried as an adult means your teen would serve time in an adult correctional facility rather than a juvenile detention center, a fate many parents fear for their child. However, it also means your child may have more constitutional protections than if they were tried as a minor.

Different states have different laws about how old children must be to be tried as adults. If you're concerned that your child's juvenile court rights may be waived - or if a judge already waived those rights and you want to know what that means for your teen's case - get in touch with a lawyer who can walk you through the pros and cons and prepare for the trial.

3. MEET WITH A LAWYER

Don't assume that the court will go easy on your teen just because of their age or that your child is young enough to not need legal representation. Defendants have a much better chance of receiving a just and thorough trial with an experienced attorney on their side, and teenage defendants are no exception.

Instead, just as you would if you were on trial, find a capable lawyer with the experience to protect your teen's rights. Your lawyer should support you as well as your teen by helping you navigate the complex legal system and giving you access to resources that help you support your child.

No parent should have to face the nightmare of their teen going to court alone, and with our help, you won't have to. We can help defend your child in court and work to ensure they get fair treatment from the American legal system. Learn about how we can help you and your teen, and schedule your free consultation today.

3 THINGS TO LOOK FOR IN A BAIL BOND AGENT

websitebuilder@thryv.com — Tue, 31 Oct 2017 00:00:00 GMT

You may feel like your life has come crashing down around you. In fact, you are likely sitting in a jail cell with no idea when you'll be able to leave. Technically, you could pay the bail amount and get released, but you don't have enough money to do that. Your best option? Hire a bail bond agent to help you with the payment.
But with so many bail bond agents out there, how do you decide which one to go with? You'll have to do some research, but there are some characteristics that reputable bail bond agents share. Here are three things to look for when deciding which bail bond agent to choose.

1. YEARS OF EXPERIENCE

Competence comes not just from education but also from practical experience. A bail bondsman with 30 years of experience will have a deeper understanding of how to navigate the laws surrounding bail and court appearances than will one with only two years of experience. For this reason, you should make sure to ask how long the bail bondsman has been in business for.

Because laws differ from state to state, you should also ask the bail bondsman how long he or she has been in business in your particular state. A bail bondsman with several years or even decades of experience in your state will have a more intimate knowledge of the subtleties and nuances of your state's court system than one who has only been there for a short time.

Of course, experience does not automatically guarantee competence or professionalism. You will still want to do more research to ensure that the bail bond agent you are considering is the best one for you.

2. UNDERSTANDING AND COMPASSION

Being arrested is stressful enough as it is, and you don't need a bail bondsman who increases your anxiety. The last thing you want is a bail bondsman who is judgmental or condescending. Instead, try to find someone who shows sympathy and concern for your situation.

One way to gauge this is by taking note of how he or she answers your questions. A caring bondsman will listen closely and respond thoughtfully. You probably have a lot of concerns, and a bail bondsman who takes the time to provide you with clear and simple explanations is someone you can trust to help you successfully navigate this difficult time.

3. CONSTANT AVAILABILITY

Arrests never happen at a convenient time. You may find yourself in jail and in need of bail on a weekend or in the middle of the night. Even if you are arrested during the normal work week, you may find you have questions or concerns that pop up outside of business hours. Either way, knowing that you can contact your bail bondsman at any time of day or night will take a huge burden off your shoulders.

Make sure you choose a bail bondsman who responds to phone calls 24/7. You don't want to have to wait around to get bailed out of jail or to have your concerns addressed. Most bail bond agents list their availability on their website. Of course, if they are not responding to your initial call at midnight, it's probably a good sign that they prefer to stick to normal business hours.

Working with a bail bond agent can save you a lot of unnecessary stress. If you need an experienced, compassionate bail bondsman in the San Antonio, TX, area, contact Raymond Martinez Attorney at Law . Call anytime, day or night, for immediate assistance, and don't hesitate to ask any questions or bring up any concerns you may have.

YOUR RIGHTS WHEN PULLED OVER

websitebuilder@thryv.com — Tue, 31 Oct 2017 00:00:00 GMT

KNOW YOUR RIGHTS IF YOU’RE PULLED OVER BY THE POLICE

Most people know that it is unnerving to be pulled over when driving no matter what the circumstances are, but not many people know their rights in this situation. Being educated beforehand can keep you from accidentally falling into trouble with the law.

If you see police lights behind you, pull over to the right side of the road in a safe place, turn off the ignition and roll down your window so the officer can see your hands as he approaches your vehicle. Always keep your hands visible and be as courteous as possible. When the officer asks, hand over your license and registration.

THE RIGHT TO REMAIN SILENT

It’s true what you often hear in movies or crime shows: You have the right to remain silent and so do any passengers in the car with you. Officers are allowed access to basic information like your name, birthday and address, but not details about your personal life. You do not have to tell the officer where you are going, where you’re coming from or what you’ve been doing. You are allowed to say, “I am going to remain silent.” Likewise, if the police officer says, “Do you know why I pulled you over?” you do not have to answer this question, and you’re probably better off saying “No, I don’t.” The police do this because they are looking for evidence or admission of a crime. Any information you give them can and will be held against you, so do not talk to the police if possible.

CONSENTING TO SEARCHES

If an officer asks to look inside your car, you have the right to say, “I am not resisting, but I do not consent to a search.” If the officer does search you or your car anyway, repeat “I don’t consent to this search.” Never physically resist an officer. However, if the police believe they have “probable cause” to search your car, they can do so without your consent. Probable cause has to be based on fact, not just a “hunch” the officer has. For example, the officer would have to smell or see evidence of alcohol consumption to have probable cause to search you; he or she couldn’t just say that you “seem like the type of person to be drinking and driving” or search you “just in case.”

FIELD SOBRIETY TESTS AND BREATHALYZER

Field Sobriety Tests are tests designed to tell an officer if a driver has been drinking or not, but they are entirely subjective and at the discretion of the officer. There are three standardized tests every officer should give: following a penlight or object with your eyes (called horizontal gaze nystagmus test), the walk and turn test, and the one leg stand. As we have discussed before, these tests are not designed to help you and you do have the right to refuse. It is recommended that you don’t take the standardized field sobriety tests. Sometimes officers may pose additional, nonstandardized tests like speaking the alphabet, a finger-count test, or closing your eyes and looking up.

You may also be asked to take a Breathalyzer test, which is a contraption that estimates your blood alcohol content from a breath sample. You are also allowed to refuse this (although, if you have a prior DWI conviction, ask your lawyer what to do should this situation arise. Refusing a Breathalyzer or field sobriety test with a DWI conviction can be a misdemeanor in some states). However, this can be complicated due to Texas’s implied consent law, which states that you implicitly agreed to take one or more chemical tests when you got your driver’s license. Many lawyers will tell you to only take the Breathalyzer if you are completely sure you are sober because any test results can be used as evidence against you. Refusing chemical testing for intoxication can lead to having your license suspended for several months, but your refusal can’t be used as evidence against you in court.

SCHEDULE A NO-OBLIGATION CONSULTATION

It can be hard to remember and exercise your rights when confronted by the police. Always be polite and respectful and if in doubt, say you would like to speak to an attorney first. If you are charged with a DWI, refusing a chemical sobriety test, possession of drugs or any other felony, seek the counsel of an experienced DWI Attorney, contact Raymond Martinez Attorney at Law .