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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. / Commincation (1990)
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
Websites & Blogs
Legal Answers
21 Questions Answered

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. 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.
Q. How far back can the judicial system go back into criminal history for domestic violence charge in Harris County, TX
A: Unfortunately, the State may use a 2002 domestic violence conviction to enhance a subsequent domestic charge to a felony. It would be important to confirm that the 2002 conviction had an affirmative finding of domestic violence by the court. That is done by pulling the court judgment of the 2002 case. The answer to your question is YES a 2002 domestic violence conviction can be used to enhance/upgrade 2017 assault involving domestic violence to a felony. Good luck!
Q. What happens if I fire my court appointed lawyer before my court hearing
A: You will be representing yourself or hiring someone to represent you.
Q. My brother got a dui in December 2016 then another in February of 2017 with his 12 year old son in the car.
A: The answer depends on whether he was convicted of the December DWI before he was arrested for the DWI with a child passenger. Typically, a first DWI with no prior convictions does not get assessed any jail time with probation. Similarly, the state jail felony charge of DWI with a child passenger does not require jail time as a condition to probation even though he is facing from 180 days up to two years. Jail time with DWI probation is mandatory with a sedond DWI. Your question does not make it clear that he was convicted for the first DWI before he was arrested for the second DWI in order for jail time to be mandatory. Therefore, it is extremely important that you hire someone that can properly navigate the nuances of DWI law.
Q. My husband is in jail for assault on me. There is a protective order when it expires can I visit him?
A: Please contact his lawyer because it is common that the court applies no contact conditions in addition to the protective order to those that are accused of family violence assaults.
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Contact & Map
The Martinez Law Firm
3730 Kirby Drive
Suite 909
Houston, TX 77098
Telephone: (713) 242-1779