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Herman Martinez

Herman Martinez

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  • 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
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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
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Legal Answers
27 Questions Answered

Q. My boyfriend just got arrested after I told the cops he choked me. I didnt press charges but wrote a statement, what now
A: Unfortunately, it seems like he will be getting charged with the felony offense of impeding the breath of a family member. Frequently, people do not understand that in these situations it is not necessarily up to the person making the statement if charges are accepted by the District Attorney’s Office. You need to hire a lawyer ASAP to properly defend his case because he is facing a 3rd degree felony with a punishment range from deferred adjudication or probation, 2-10 years in prison.
Q. a week a go i flipped my car an went to the hospital i got a ticket my alcohol level was high can i still get a dwi
A: Yes, it is possible that the police subpoena your blood results from the hospital. Please note that hospital blood draws are quite different from the typical blood draw in a DWI case.
Q. How does a victim knows the court date to attend. And does the victim needs a lawyer
A: The person should contact the local criminal court clerk and/or the District Attorney's Office to know the court date. The person is essentially represented by the District Attorney's Office in the criminal proceedings.
Q. Do I have to keep the interlock on my car even if the DPS suspended my license after everything was finalized in court?
A: That depends on several factors that are not mentioned here. For example, did you receive probation, was your bac over .15, is your first DWI, was your license suspension? Also, I would be curious if your lawyer discussed the upcoming change in the law where you would be able to clear your record in certain DWI cases. You really should discuss this with the lawyer that represented you in court. Good luck!
Q. If the victim of a domestic violence case does not show up to the court date, do the charges get dropped?
A: Not necessarily, the State may proceed to trial without the "victim" in the case. I have seen many cases go trial without the person that was assaulted by the accused. Initially, the victim is not expected to attend court. The State attempts to talk to every victim before going to trial or making any plea offers. It could be helpful for the accused if the victim discusses the case with the defense lawyer before anyone else. If you are a victim of domestic violence please contact one of the many help lines available to assist you.
Q. Are substances other than alcohol included under DUI/DWI charges (like pills, marijuana, etc.)?
A: Yes, even prescribed medication may lead to a DWI/DUI charge if it causes a person to lose the normal use of their physical or mental faculties.
Q. My brother got arrested for possession of drugs in his car, but it is still under my name. Would I need a lawyer?
A: You should hire a lawyer asap. Additionally, I would like to know who is requesting your appearance in court. Have you been sent a subpoena? Has a prosecutor or defense attorney requested that you go to court? Is your brother saying the drugs are yours?
Q. Is it possible I can have a court appointed an attorney and get an outcome I am satisfied with? Comm Serv, Probation.
A: fact, some possession cases that are less than a gram are mandatory probations for first offenders.
Q. Does the amount of time before you go to court count towards the number of days your license is suspended for DWI?
A: I recommend that you read over the DIC paperwork that is acting as your temporary driving permit if you do not hire lawyer asap. You have the ability to prevent the suspension of your drivers license if you hire a lawyer to request an ALR hearing within 15 days of your arrest date. That hearing is a separate "case" from your DWI. Therefore, your license could be suspended at that hearing or after 40 days after your arrest if you do not hire a lawyer. Also, it is possible that the DWI court also suspends your license for a separate period. If the DWI court does not suspend your drivers license suspension counts for every day after the ALR decision is made. In other words, if your license is suspended before going to court will count towards your suspension. You are best to hire a DWI lawyer.
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Contact & Map
The Martinez Law Firm
3730 Kirby Drive
Suite 909
Houston, TX 77098
Telephone: (713) 242-1779