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Herman Martinez

Herman Martinez

Talk A Lawyer With Over 20 yrs of Experience Right Now!
  • DUI & DWI, Criminal Law, Domestic Violence
  • Texas
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Herman Martinez is the leading and founding attorney of The Martinez Law Firm, a criminal defense firm in Houston. With over 20 years of experience, this attorney can be an excellent resource for individuals accused of a crime in Texas. Previously serving as Chief Prosecutor for the Harris County District's office, Mr. Martinez has extensive knowledge of the criminal justice system, making him uniquely qualified to defend his clients. Understanding both the defense as well as the prosecution sets him apart from other criminal defense attorneys. This attorney is also extremely well-respected in his field. He is a member of many associations including the Harris County Criminal Lawyers Association, Texas Criminal Defense Lawyers Association, Fifth Circuit Bar Association, Harris County Bar Association, Hispanic Bar Association of Houston, and the National College for DUI Defense. He has been rated "Superb" by as well as been nominated by H-Texas Magazine as a "Houston Top Lawyer" from 2008-2011. Herman Martinez is a trusted attorney who is capable of handling just about any criminal defense case. If you are looking for an attorney who can commit to fighting for your rights, contact The Martinez Law Firm today.

Practice Areas
  • DUI & DWI
  • Criminal Law
  • Domestic Violence
  • Free Consultation
  • Credit Cards Accepted
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Jurisdictions Admitted to Practice
  • Spanish: Spoken, Written
Professional Experience
The Martinez Law Firm
- Current
Madrid, Martinez & Associates
Assistant District Attorney
Harris County District Office
Briefing Attorney
Harris County District Attorney's Office
Law Clerk
Brown, Simms & White
Legal Intern
United States Courts of Appeals for the Fifth Circuit
South Texas College Of Law
Doctor of Jurisprudence/Juris Doctor (J.D.)
Florida State University College of Law
B.S. (1990) | Commincation
Top DWI Lawyer
H Magazine
Top Lawyers
H Texas Magazine
Top Houston Criminal Defense Lawyer
H Texas Magazine
Professional Associations
Harris County Bar Association
Harris County Criminal Lawyers Association
Mexican-American Bar Association of Houston
Hispanic Bar Association of Houston
Texas Criminal Defense Lawyers Association
Fifth Circuit Bar Association
National Hispanic Professional Organization
Texas State Bar # 00797012
- Current
Field Sobriety Test
Websites & Blogs
Legal Answers
40 Questions Answered

Q. If a 17 year old wants to fight a 20 year old and it's mutual, will the 20yo get a charge?
A: Please note that once a person turns 17 they are considered an adult in Texas. A mutual fight is typically not a crime. Nevertheless, if one person goes too far with the assault or takes out a deadly weapon during an assault that started without weapons it could rise to the level of a crime.
Q. I received a Family Violence assault charge due to my ex. 2 months later she called police again and this time she went
A: I do not understand the question...
Q. I have a text msg. that an adult sent to a 17 yr.old telling her she'd like to smoke pot with her. Is there any legal
A: Possession of marijuana is still illegal in Texas. I would recommend talking to the 17 year old about drug use before contact any government agency regarding the “adult.” Additionally, you could talk to the “adult” about the illegality of possession of marijuana or potentially worse crimes that could arise. Please take note that a 17 year old in Texas is considered to be an adult in many circumstances.
Q. If the only witness victim of a criminal episode can't identify a suspect can he be convicted in trial for agg robbery
A: Yes, if a jury believes that witness beyond a reasonable doubt.
Q. Can I go on vacation in another state while on probation in Texas?
A: You should ask your probation officer first. Afterward, your attorney may have to request the court if you can travel. It depends on many factors such as the crime you are on probation, how long you have been on probation, how well you are doing with your probation.
Q. If I decide not to press charges for an assault, can the state press charges anyway?
A: If a warrant was issued the State has already determined that probable cause exists for an arrest. Your statements will likely be used in court. Nevertheless, a prosecutor should be contacting you once they have been assigned the case.
Q. I called the police on my boyfriend for hitting me now I want to drop the case how can I do that what will it take
A: Unfortunately, once you contact the Government in criminal matters it is up to them to dismiss or not. Your input is taken into account, but your request for a dismissal will not override compelling evidence. It is best you talk to the defense lawyer handling his case before you speak to the prosecutor in charge of the case. In Houston, Harris County Texas a prosecutor’s decision is not made concerning a case until they speak to the complaining witness. In this case that would be you.
Q. Do you have to get an IID after a first DUI?
A: If it is your 2nd or more it is required by law. Additionally, some judges put them on EVERY DWI in their court. Others, order it on a case by case basis.
Q. How much does it cost to get an IID?
A: You should call around...prices vary.
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Contact & Map
The Martinez Law Firm
2617 Canal st
Houston, TX 77003
Telephone: (713) 242-1779