Criminal Defense Attorney in Houston


Mario Madrid on Juvenile Crime

Criminal Defense | Drugs | DWI | Video Q & A

In this video presentation, Houston lawyer for criminal defense Mario Madrid, an attorney Board Certified to practice criminal law, sheds light on his passion for fighting on behalf of his clients and winning cases, in the court of law.

One of the more interesting facets of Mario Madrid’s oration is his pride in winning cases and relieving stress related to facing the State of Texas on criminal cases from the shoulders of his clients. Especially his younger clients, many of which would rightfully be concerned with the removal of criminal and arrest records from their background.

If you need to consult with a qualified criminal defense attorney in Houston about a criminal charge you have to address in Harris County, TX, call our criminal law firm by dialing 713-877-9400, or by simply pressing the number to call us if you are viewing this page from a cell phone.

What is ‘Petty’ Theft? Everything You Need to Know

Theft

Shoplifting is a term used to describe taking any type of merchandise without the intention to pay for it. Other descriptions of the same crime may include petty theft, fourth-degree theft or petty larceny. In Texas, charges for shoplifting can result in many harsh penalties regardless of a person’s age, especially if the accused has a previous criminal record.

Possible Petty Theft Penalties

The value of the stolen items plays a major role on imposed penalties in addition to the offender’s previous criminal history. The possible punishments are categorized into two groups.

  • Misdemeanor charges: For items valued up to $1,499, the penalties may include up to one year of incarceration, up to $4,000 in fees or the combination of both.
  • Felony charges: If the stolen merchandise has a value of $1,500 or more, the crime is charged as a felony, and the penalties may be as severe as 99 years in prison and up to $10,000 in fees.

The crime is typically treated as a misdemeanor if the value of the merchandise is low. Furthermore, the penalties may vary if the offender is a juvenile under 18 years of age. If the individual has no prior record, the punishment may consist of community service and a certain amount of time in counseling.

Reasons for False Accusations of Petty Theft

In many cases theft charges are dropped due to insufficient evidence or the accused being unfamiliar with the local rules and regulations. The following circumstances may result in faulty shoplifting accusations:

  • Failing to pay after dining with others because you think someone else paid for the meal
  • Trying on new clothing or shoes and forgetting to pay the bill
  • Being unaware that the price tag for a certain item is wrong

 

A defense lawyer will review all the facts and evidence of the case, including the footage from surveillance cameras and testimonies obtained from any possible witnesses. If it is determined that the accused individual took the merchandise by mistake, he or she may simply be asked to return the items in question without facing any criminal proceedings.

Although petty theft crimes are generally less serious than other criminal offenses, they may leave a permanent mark on a defender’s record. It is imperative to contact a criminal attorney to have the charges dismissed or lessened if possible.

For a free evaluation of your theft case, call Mario Madrid and the Madrid Law Firm at 713-877-9400.

Defending White Collar Crime Accusations

Fraud | White-Collar

White-collar crimes are criminal offenses that are committed by workers who are employed in the business or financial industries. Typical white-collar crimes include bribery, insider trading, embezzlementmoney laundering, forgery and fraud. The majority of white-collar offenses are committed for monetary profit. However, businesses and professionals may be guilty of committing other offenses that are not explicitly for financial gain. Illicit activities such as the improper disposal of toxic waste or exaggerated claims about a prescription medication’s effectiveness are also categorized as white-collar offenses.

White-collar crimes are generally tried as felonies because the suspects are accused of violating federal laws. When a suspect is being investigated for a white-collar crime, he might receive a subpoena that requests documentation or his appearance in court for testimony. Federal authorities might also issue a search warrant for business records. While it is important and necessary to cooperate with investigators, a suspect should hire a criminal defense lawyer before he discusses the details of an investigation.

The Penalties for White-Collar Crimes

The occurrence of white-collar crimes have tripled since the dawn of the Internet. To deter the rise of white-collar offenses, the federal government enacted some very severe punishments. Individuals who are convicted of these crimes may face consequences such as:

  • Time in confinement
  • House arrest
  • Heavy criminal fines
  • Restitution to the victims

It is widely believed that those who are punished for white-collar crimes enjoy their sentences at “Club Fed” prisons, which are comfortable, minimum security correctional facilities. This is simply untrue. People who are convicted of white-collar crimes are punished just as severely as other criminals.

Civil Liability for White-Collar Crimes

In addition to criminal felony charges, a defendant may be sued civilly by the government or victims. In these instances, the government may authorize asset forfeiture. Asset forfeiture is the process of seizing the defendant’s property until it is determined which items were obtained illegally. The belongings may be handed over to the government or the victims from whom they were taken.

Defenses for White-Collar Crimes

A criminal defense lawyer who is experienced in defending white-collar offenses can offer legal advice and support to those who are facing charges. A white-collar crimes attorney can employ the following defenses:

  • Incapacity: This defense argues that the suspect was not capable of committing the offense.
  • Temporary insanity: The accused was not in his right mind when he committed the offense.
  • Entrapment or duress: A defendant was coerced or enticed into committing a crime that he normally would never commit.
  • Intoxication: A defense lawyer claims that his client was inebriated during the crime’s commission.
  • Absence of intent: The defendant did not intend to commit the crime. In other words, he may have accidentally committed the offense.

Call Mario Madrid and his associates at 713-877-9400 if you would like to hear more about white-collar crimes and their defenses.

Madrid Law Announces New Associate

Criminal Defense

Madrid Law is pleased to announce the hiring of Emma Quintero as its new Associate Attorney. Ms. Quintero, a graduate of the University of Texas School of Law most recently worked with the Harris County Public Defenders Office.

Ms. Quintero will assist in the preparation and defense of our clients accused of criminal charges, as well as handle immigration and family law matters.

We  at Madrid Law consider it and honor and privilege to represent those in a time of legal need. With the addition of Ms. Quintero we will continue to provide superior legal service to ensure the best possible outcome for all of our clients.

Houston Man Charged With Endangering A Child

Endangering a Child

A Houston man has been charged with Endangering A Child after walking onto Beltway 8 with the child in his arms according to this story. The man allegedly walked into traffic on the highway endangering his and child’s lives.

Endangering a Child can be either a State Jail Felony punishable by up to 2 years in the State Jail and no less than 6 months in the State Jail.

A person commits an offense of Endangering a Child, if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.

In the current case the state would have to prove that the man placed the child in imminent danger of death, bodily injury, or physical or mental impairment. The amount of traffic will likely be the controlling issue if their was imminent danger to the child.

If you or someone you know is in need of a Houston Endangering A Child Attorney or Endangering  A Child Lawyer, call Texas Board Certified Criminal Lawyer Mario Madrid at 713-877-9400.

Houston Man Charged With Injury To A Child

Criminal Defense

A Houston man has been charged with injury to a child according to this story. The man was arrested after being accused of beating his 8-month-old son so severely that he broke the child’s leg, hip bone, collar bone and both of his arms. Injury to a child is a felony offense.

The punishment level is determined by the injury to the victim and the culpable mental state. The man in this story was charged with intentionally and knowingly causing serious bodily injury which is a First Degree Felony. A First Degree Felony has a range of punishment of 5-99 years or life in prison and up to a $10,000.

The section of the Texas Penal Code where Injury to a Child is codified also includes the section on Injury to Elderly and Injury to Disabled. The statute is as follows:

Sec. 22.04.  INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:

(1)  serious bodily injury;

(2)  serious mental deficiency, impairment, or injury; or

(3)  bodily injury.

(a-1)  A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate care facility for persons with mental retardation, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility:

(1)  serious bodily injury;

(2)  serious mental deficiency, impairment, or injury;

(3)  bodily injury; or

(4)  exploitation.

(b)  An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), (3), or (4) is conduct constituting an offense under this section if:

(1)  the actor has a legal or statutory duty to act; or

(2)  the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual.

(c)  In this section:

(1)  “Child” means a person 14 years of age or younger.

(2)  “Elderly individual” means a person 65 years of age or older.

(3)  “Disabled individual” means a person older than 14 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect himself from harm or to provide food, shelter, or medical care for himself.

(4)  “Exploitation” means the illegal or improper use of an individual or of the resources of the individual for monetary or personal benefit, profit, or gain.

(d)  For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if he has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that he has accepted responsibility for protection, food, shelter, and medical care for a child, elderly individual, or disabled individual.  For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), (3), or (4), the actor acting during the actor’s capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, and medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility.

(e)  An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly.  When the conduct is engaged in recklessly, the offense is a felony of the second degree.

(f)  An offense under Subsection (a)(3) or (a-1)(3) or (4) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim.  When the conduct is engaged in recklessly, the offense is a state jail felony.

(g)  An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence.  An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), (3), or (4).

(h)  A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.

(i)  It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor:

(1)  notified in person the child, elderly individual, or disabled individual that he would no longer provide any of the care described by Subsection (d); and

(2)  notified in writing the parents or person other than himself acting in loco parentis to the child, elderly individual, or disabled individual that he would no longer provide any of the care described by Subsection (d); or

(3)  notified in writing the Department of Protective and Regulatory Services that he would no longer provide any of the care set forth in Subsection (d).

(j)  Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued.

(k)  It is a defense to prosecution under this section that the act or omission consisted of:

(1)  reasonable medical care occurring under the direction of or by a licensed physician; or

(2)  emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts.

(l)  It is an affirmative defense to prosecution under this section:

(1)  that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy;

(2)  for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that:

(A)  there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and

(B)  the person:

(i)  was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title;

(ii)  did not cause a condition described by Subsection (a)(1), (2), or (3); and

(iii)  did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or

(3)  that:

(A)  the actor was not more than three years older than the victim at the time of the offense; and

(B)  the victim was a child at the time of the offense.

If you are someone you know is in need of the services of an Houston Injury to A Child Attorney call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Pasadena Man Charged With Aggravated Sexual Assault

Sexual Assault | Violent Crimes

According to the Houston Chronicle a Pasadena man has been charged with Aggravated Sexual Assault, Aggravated Assault and Kidnapping. The man, who is a security guard, is accused of preying on prostitutes and may be linked to the death of a woman whose skeletal remains were found along a street in Pasadena.Sex Crimes Defense Houston

The investigation  began last month after someone spotted a body along the 6100 block of Red Bluff in Pasadena. Dental records later identified the remains as of a 57 year old woman. The woman was a prostitute who worked in the Sheldon area, police said.

Further investigation led police to reports about a man who had attacked several prostitutes in that area. Police were led to a woman who was allegedly taken by the man at gunpoint forced to have sex and then beaten.

Aggravated Sexual Assault is a First Degree Felony that carries a range of punishment of 5 to 99 years in prison. Aggravated Assault and Kidnapping are Second Degree Felonies that carry a range of punishment of 2- 20 years.

If you are someone you know is in need of the services of a Houston sex crimes defense attorney call a Texas Board Certified criminal defense lawyer in Houston by calling Mario Madrid at 713-877-9400.

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