I am Herman Martinez, the founding attorney of The Martinez Law Firm, a dedicated criminal defense firm based in Houston. With over 25 years of experience in the legal field, I serve as a valuable resource for individuals facing criminal charges in Texas. My background includes roles as Chief Prosecutor for the Harris County District's office and a City of Houston Judge. This experience has given me a deep understanding of the criminal justice system from both sides of the courtroom, which uniquely positions me to defend my clients effectively.
My peers hold me in high regard within the legal community. I am actively involved in several 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. My legal acumen has been recognized with a "Superb" rating by Avvo.com, and I was nominated as a "Houston Top Lawyer" by H-Texas Magazine consecutively from 2008 to 2011.
I am committed to upholding the rights of my clients and ensuring they receive the best possible defense. If you need a lawyer who will tirelessly advocate on your behalf, I encourage you to contact The Martinez Law Firm today.
- DUI & DWI
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- Domestic Violence
- Domestic Violence Criminal Defense
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- Texas
- English: Spoken, Written
- Spanish: Spoken, Written
- Owner
- The Martinez Law Firm
- - Current
- Associate Judge
- City of Houston
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- Partner
- Madrid, Martinez & Associates
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- Assistant District Attorney
- Harris County District Office
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- Briefing Attorney
- Harris County District Attorney's Office
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- Law Clerk
- Brown, Simms & White
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- Legal Intern
- United States Courts of Appeals for the Fifth Circuit
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- South Texas College of Law
- J.D. (1996)
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- Florida State University
- B.A. (1990) | Commincation
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- Top DUI Contributor & Top DUI Lawyer
- Avvo
- Clients’ Choice DUI Lawyer
- Avvo
- Top DWI Lawyer
- H Magazine
- Top Lawyers
- H Texas Magazine
- Top Lawyers (2008, 2010)
- Top Houston Criminal Defense Lawyer
- H Texas Magazine
- Texas Criminal Defense Lawyers Association
- Member
- - Current
- Texas State Bar  # 00797012
- Member
- - Current
- Harris County Bar Association
- Member
- - Current
- Mexican-American Bar Association of Houston
- Member
- - Current
- Hispanic Bar Association of Houston
- Member
- - Current
- Clearing my criminal record...
- Houston Criminal Law Journal (blog)
- Getting your bond reduced.
- Houston Criminal Law Journal
- Criminal Law
- Radio Uncion
- Criminal Law, Texas Youth Conference
- Field Sobriety Test
- NHTSA
- Q. Without any blood test, breathalyzer or field sobriety can they still convict a DUI?
- A: I would add that having a breath/blood test is not the only way to prove a DWI/DUI. In the State of Texas intoxication may also be proven by proving beyond a reasonable doubt that a person lost their normal use of their physical faculties or mental faculties by the introduction of alcohol or drugs (known or unknown, even legally prescribed medication). There are some aggressive jurisdictions in Texas that charge a person with DWI/DUI even when the blood/breath tests are under the legal limit.
- Q. I was charged with two counts of manufacturing and delivery why wasn't I charged with just possession
- A: There are a lot of factors...some examples, are the amount of drugs, the amount of cash in your possession, if you had anything that indicates that you would be selling like individual bags or scales. Nevertheless, you are presumed to be innocent. Try to hire the criminal defense lawyer you feel most comfortable with to represent you.
- Q. I was charged with DWI .The police report says the reason I was stopped was for no seatbelt. I wasn't ticketed .
- A: The no seatbelt reason is the probable cause for stopping you. A police officer does not write the ticket for the no seatbelt because a DWI is a more serious crime. Nevertheless, a judge may find that the probable cause was not reasonable. Hopefully, you landed in a friendly Houston Harris County court. You have more than a fighting chance. Good luck to you!