Recent Blog Posts

Getting Assault Charges Dropped in Texas

Kevin Bennett — Tue, 14 Feb 2012 06:04:00 GMT

Getting assault charges dropped in Texas is not as simple as most people think. In fact, there seems to be a misconception that an alleged victim can simply decide to "drop" an assault charge. The truth is that an alleged victim is not the one prosecuting the accused defendant in an assault case. Though the State may take an alleged victim's desires regarding the prosecution of an assault charge into consideration, a prosecutor is in no way bound by what an alleged victim wants to do with the case. In fact, prosecutors will routinely continue with the prosecution of an assault case even when an alleged victim admits that they lied about an assault or admit that they made everything up.This is especially true in cases involving assault causing bodily injury to a family member. Domestic violence cases often make the local and national news due to the allegations of the severity of the violence and because domestic assaults often times lead to one person suffering severe bodily injury or even death.

If you are accused of assault in Austin, Texas, you need to seek legal representation immediately. Many people who are accused of assault think that they can "talk" to the police and prevent a possible assault charge being filed against them. They think that if they tell their side of the story, that the police will understand. This is like playing with fire, especially if this is a domestic situation and you are the man in the relationship.

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

Can I Drop Assault Charges in Texas?

Kevin Bennett — Tue, 14 Feb 2012 05:43:00 GMT

It is a common misconception in Texas that an alleged victim of an assault can simply "drop" charges or decide not to press charges. Although alleged victims of assault are almost always contacted by a prosecutor or police, alleged victims do not have an absolute ability to get an assault charge dismissed. In a criminal case, the parties are the State of Texas and the accused. This is a criminal prosecution where the prosecuting attorney is the one who decides to prosecute the accused. Many prosecutors operate under the belief that if an alleged victim wants to drop charges or not have the case prosecuted, that they are protecting the accused for any one of a number of reasons.

Assault cases alleging spousal abuse or family violence are especially concerning to Austin police and prosecutors, as these types of cases are usually very emotional for all involved and will almost always contain allegations of bodily injury to a family member.

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

Austin Drug Possession Defense Lawyer

Kevin Bennett — Fri, 04 Nov 2011 18:01:00 GMT

Have you been charged with drug possession in Austin, Texas? Helping people with their legal problems, including possession of marijuana or other drug possession charges is one many reasons that Austin lawyer Kevin Bennett practices criminal defense in Travis County.

One mistake that Attorney Kevin Bennett often sees defendants in a criminal case make is that they try to represent themselves ("pro-se") in court. Although a case may seem simple to a pro-se defendant, it may just seem simple because the defendant did not or has not identified all of the legal issues involved in their case. A criminal defense attorney who is trained to identify potential legal issues and who has encountered similar types cases in their daily job, is probably more likely to identify these issues and bring them to a court, a jury or a prosecutor's attention. As a pro-se defendant, I wouldn't count on a prosecutor to bring these types issues to your attention. After all, a prosecutor's job is not to defend you as is a defense attorney's job.

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

Defending Drug Possession Charges in Austin, Texas

Kevin Bennett — Fri, 04 Nov 2011 17:45:00 GMT

If you have been arrested or charged for drug possession or drug delivery, you are probably confused, worried and scared. There are thousands of drug arrests every year in Texas, with many of those arrests occurring in Austin or Travis County.

The classification of the drug charge will determine the different types of penalties that one faces. For example, drug possession or drug delivery can range from a misdemeanor charge to a felony charge. Depending on the particular facts of the case, the case could even be filed in federal court. However, when facing any type of drug charge, hiring an Austin criminal defense lawyer to examine the circumstances surrounding your arrest is crucial to protecting your legal rights, freedom and criminal record.

Drug arrests usually happen as a result of a police "search" and can occur just about anywhere. The most common places are vehicles, public places or on someone's person. One key to successfully defending a drug possession or drug delivery case is to challenge the "Legality of the Search." A police search is considered illegal when it violates either a person's state or federal constitutional right against "unlawful search and seizure." Defense lawyers experienced with drug charges know that among other things, search and seizure law focuses on whether the police had a valid search warrant, whether the police had a lawful right to stop and detain a person, and whether the police had a right to search a person, his vehicle, or his residence.

If a criminal defense lawyer can prove in court that the police violated your constitutional rights and that the search and seizure was illegal, the evidence seized may be "suppressed." The suppression of evidence may very well lead to a dismissal of the drug charges against you. Search and seizure law is complex and is constantly evolving. An Austin criminal defense lawyer should be familiar with the latest developments in Texas and federal search and seizure law.

Another key to defending a drug possession or delivery case is to challenge the "affirmative link" between an accused and the illegal drug. An affirmative link is the relationship between an object and the person accused of possessing it.

In many instances, the illegal drug - whether marijuana, cocaine or some other substance - is not actually found on a person, but possibly nearby or in an area that others have access to. If a prosecutor cannot prove an affirmative link, or if the defense lawyer can effectively challenge the link in court, it could lead to a dismissal of the charges or a trial verdict of "not guilty."

A good austin criminal defense lawyer should be able to spot both the legal issues and the factual issues in your drug possession or delivery case.

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

Marijuana Possession Defense in Austin, Texas

Kevin Bennett — Fri, 04 Nov 2011 17:17:00 GMT

The State of Texas takes marijuana possession charges seriously, and so should you. Depending on many factors, including the amount of marijuana seized and an individual's prior criminal history, felony drug or distribution charges may be filed.

For example, if you are arrested with less than two ounces of marijuana, you may face Class B Misdemeanor criminal charges. Possession of two to four ounces of marijuana is classified as a Class A Misdemeanor, while possession of over four ounces of marijuana is a felony offense.

Considering the fact that the marijuana possession charges could easily result in a drug conviction, significant fines and jail or prison time, you want an experienced austin criminal defense attorney who will take your case seriously and defend you like it was their own.

Austin Attorney Kevin Bennett is an Austin criminal defense lawyer who will protect your rights under the law and will fight and defend you against marijuana possession charges.

No one wants a drug arrest or conviction on their permanent record, so hiring an Austin defense lawyer to defend you on a possession of marijuana charge would be a very wise decision. An Austin defense lawyer should at the very least be knowledgeable about Texas marijuana law, search and seizure law and the courts in Austin and Travis County.

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

Ticket for Possession of Marijuana in Austin, Texas

Kevin Bennett — Fri, 04 Nov 2011 16:51:00 GMT

In order to save local law enforcement the time and costs associated with the arrest of such offenses as marijuana possession, the Austin Police Department and the Travis County Sheriff's Department, at an officer's discretion, have the ability to issue tickets for certain possession of marijuana offenses instead of actually physically arresting someone and taking them to the Travis County Jail. While a person may not initially be booked into the Travis County jail, the marijuana possession case will still show up on the person's criminal record and they will still have to go through the process of going to court to defend the marijuana charge. The marijuana ticket is still considered an arrest for the purposes of a criminal background check and will be available to the public.

Some people have incorrectly assumed that because they were cited for possession of marijuana as opposed to being physically arrested and taken to the Travis County Jail, that the offense of possession of marijuana is similar to a traffic citation. The cite and release ticket programs have been implemented by both the Austin Police Department and the Travis County Sheriff's Department. The decision of whether or not to arrest an individual for possession of marijuana is discretionary by the officer.

The defendants that are cited and released for their marjuana charge instead of being arrested at the time of the offense, they will be given a citation and directed to Travis County JP 5 Court or Travis County Justice of the Peace 5. These defendants will go through the magistration process, the bonding process, and will then, like everyone else who was actually arrested for possession of marijuana, be required to return to court for their marijuana charge.

It is in a person's best interest to hire or consult an Austin criminal defense lawyer as soon as they have been arrested or cited for possession of marijuana. A defense attorney can examine the case while the details of the detention or arrest are fresh on a person's mind. A defense attorney can also meet with the defendant to fill out bonding paperwork and prepare in advance for having to go to Travis County JP 5 to take care of the magistration and bonding processes. This may considerably speed up the walk-through process as well as help prepare the defendant in regards as to what to expect.

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

Sec. 106.06. Purchase of Alcohol For a Minor; Furnishing Alcohol to a Minor

Kevin Bennett — Thu, 26 May 2011 01:33:00 GMT

Sec. 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR

(a) Except as provided in Subsection (b) of this section, a person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor.
(b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage.
(c) An offense under this section is a Class A misdemeanor.

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

Sale of Alcohol to Minors

Kevin Bennett — Thu, 26 May 2011 01:23:00 GMT

§ 106.03. SALE TO MINORS.

(a) A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor.
(b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid Texas driver's license or an identification card issued by the Texas Department of Public Safety, containing a physical description consistent with his appearance for the purpose of inducing the person to sell him an alcoholic beverage.
(c) An offense under this section is a Class A misdemeanor.
(d) Subsection (b) does not apply to a person who accesses electronically readable information under Section 109.61 that identifies a driver's license or identification certificate as invalid.

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

Pleading Guilty to a Public Intoxication Charge in Texas

Kevin Bennett — Mon, 11 Oct 2010 21:58:00 GMT

For someone who has been arrested in Austin for public intoxication, it may seem tempting to just plead "guilty," pay a fine and move on with life. After all, having to spend the night in the Austin Jail is something you want to forget, right? However, many people do not realize that taking this course of action can result in a conviction for public intoxication and that this decision can come back to haunt them.

Public intoxication is normally a "Class C Misdemeanor" which is punishable by up to a $500 fine. This assumes that the person is over 21 years of age and that this new arrest for public intoxication has not been enhanced. Unfortunately, not all Class C Misdemeanors are created equal, at least in the eyes of potential employers, admission's offices, apartment managers or loan officers. After all, if one or the other came up on a background check, which would you rather have? A Class C for Speeding or a Class C Public Intoxication? Most people would not want to have to explain the circumstances of the public intoxication conviction as opposed to a "speeding ticket."

It is also important to note that even if you have already plead guilty, paid a fine, etc. and been convicted for a public intoxication charge, it may be possible to withdraw the plea and get another chance at fighting the charge. However, these circumstances are very narrow and time sensitive.

If you have been arrested in Austin for public intoxication, contact Austin public intoxication lawyer Kevin Bennett. He can help you with all aspects of your case, including expunction.

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

How Serious is a Public Intoxication charge? What is the Punishment for Public Intoxication in Texas

Kevin Bennett — Mon, 11 Oct 2010 20:32:00 GMT

Many people who have been arrested for or charged with public intoxication in Austin want to know how serious is a public intoxication charge in Texas or what is the punishment that they face for a public intoxication arrest in Texas? Keep in mind, these are possible punishments for conviction of public intoxication. Many people are arrested every day for public intoxication only to later have their charge dismissed.

Anyway, the answer to the above question can depend on several factors, including the number of previous convictions someone may have for public intoxication or the person's age. For example, Texas Penal Code Section 49.02 (c) states that public intoxication in Texas is a Class C Misdemeanor, except as provided by Texas Penal Code 49.02 (e).

Public Intoxication Punishment for Those 21 Years of Age or Older:

Texas Penal Code Section 49.02 (c) states that public intoxication in Texas is a Class C Misdemeanor. Class C Misdemeanors in Texas are punishable by a fine not to exceed $500.00. However, having two prior public intoxication convictions makes the third public intoxication enhanceable to a Class B Misdemeanor, which carries potential jail time of up to 180 days and a fine up to $2,000.

Although it may seem appealing to just plead guilty and take the conviction for public intoxication, pay a fine and etc., to just "get it over with," remember that this conviction may come up later with a potential employer, college or graduate school admissions office, loan officer, etc. Do not just look at this as "it's on the same level as a speeding ticket." Concerns about potential alcohol issues or having been intoxicated to the point where you were found to be a danger to yourself or others usually doesn't look so well in a job interview.

Public Intoxication Punishment for Those Under 21 Years of Age:

Texas Penal Code Section 49.02 (e) relates to minors, in this instance, those under 21 years of age. For someone that is under the age of 21, subsection (e) states that minors would face the same punishment as if they committed an offense under Section 106.071 of the Texas Alcoholic Beverage Code. Still there? Without taking the time to break down Section 106.071 of the TABC with a full legal analysis, there are several things things stand out. First, if a minor (not a child ) has two (2) previous convictions for public intoxication, this new conviction can be enhanced to a Class B Misdemeanor which carries potential jail time of up to 180 days in jail and a fine up to $2,000. Secondly, even a first time conviction for public intoxication can result in the suspension of a minor's driver's license, driver's learning permit or to even deny the issuance of a driver's learning permit. Third, a minor convicted for a first time public intoxication faces a fine between $250 and $500. Fourth, a minor faces mandatory community service and most likely a alcohol education course or program.

If you have been arrested in Austin for public intoxication, contact Austin public intoxication lawyer Kevin Bennett. He can help you with all aspects of your case, including expunction.

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

Punishment for Possession of Marijuana in Texas

Kevin Bennett — Sat, 09 Oct 2010 06:22:00 GMT

Texas law regarding punishment for possession of marijuna is very harsh compared to other states. Even possession of the smallest amount of marijuana is a Class B Misdemeanor in Texas. This means that you face up to 180 in jail and/or up to a $2,000.00 fine for possessing less than two ounces of marijuana. If you are arrested or charged for possessing over four ounces marijuana, a Class A Misdemeanor in Texas, you face up to an entire year in jail and/or up to a $4,000.00 fine. Additional consequences of a conviction for possession of marijuana include the automatic suspension of your driver's license and a permaneant drug conviction on your criminal record. Possessing marjuana may not seem like a big deal when compared to crimes such as assault or DWI, but the penalties can be just as severe.

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

Possession of Marijuana and "Cite and Release"

Kevin Bennett — Tue, 05 Oct 2010 13:23:00 GMT

If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

One of the most frustrating things for me as an Austin criminal defense lawyer is a client who does not take their criminal case seriously or as seriously as they should. Often times, I encounter this situation with clients who have been cited for possession of marijuana, as opposed to having actually been arrested.

An important point I try to make with clients or potential clients who have been been issued a citation for possession of marijuana, is that they need to take their case just as seriously as if they had been arrested. I think the unfortunate experience of spending the day or night (or several of them) in the Travis County Jail leaves a lasting impression on those who have been arrested, or at least it should. There are many views on whether marijuana should be legal in Texas, but for now, it is illegal. Fortunately, Travis County does have has a "cite and release program" where a citation can be issued with a promise to appear, usually to Travis County Justice of the Peace Court #5.

As an Austin drug possession defense firm, the Law Office of Kevin Bennett will explain the law and work hard to develop a defense strategy tailored to your case. We will also help you get your case expunged when that's possible. To discuss your case, call (512) 476-4626 for a free consultation.

Rules for Setting Bail Amount in Travis County, Texas

Kevin Bennett — Tue, 23 Mar 2010 02:35:00 GMT

Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL. The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail; they are to be governed in the exercise of this discretion by the Constitution and by the following rules:

1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.

2. The power to require bail is not to be so used as to make it an instrument of oppression.

3. The nature of the offense and the circumstances under which it was committed are to be considered.

4. The ability to make bail is to be regarded, and proof may be taken upon this point.

5. The future safety of a victim of the alleged offense and the community shall be considered.

If you are trying to get bail someone out of the Travis County Jail and are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

What is a "Bail Bond"

Kevin Bennett — Tue, 23 Mar 2010 02:30:00 GMT

Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a written undertaking entered into by the defendant and his sureties for the appearance of the principal therein before some court or magistrate to answer a criminal accusation; provided, however, that the defendant upon execution of such bail bond may deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the bond in lieu of having sureties signing the same. Any cash funds deposited under this Article shall be receipted for by the officer receiving the same and shall be refunded to the defendant if and when the defendant complies with the conditions of his bond, and upon order of the court.

If you are trying to bail someone out of the Travis County Jail and are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

What Is A Personal Bond?

Kevin Bennett — Tue, 23 Mar 2010 02:12:00 GMT

If you are trying to bail somone out of the Travis County Jail and are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

Art. 17.03. PERSONAL BOND. (a) Except as provided by Subsection (b) of this article, a magistrate may, in the magistrate's discretion, release the defendant on his personal bond without sureties or other security.

(b) Only the court before whom the case is pending may release on personal bond a defendant who:

(1) is charged with an offense under the following sections of the Penal Code:

(A) Section 19.03 (Capital Murder);

(B) Section 20.04 (Aggravated Kidnapping);

(D) Section 22.03 (Deadly Assault on Law Enforcement or Corrections Officer, Member or Employee of Board of Pardons and Paroles, or Court Participant);

(E) Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual);

(F) Section 29.03 (Aggravated Robbery);

(G) Section 30.02 (Burglary);

(H) Section 71.02 (Engaging in Organized Criminal Activity); or

(I) Section 21.02 (Continuous Sexual Abuse of Young Child or Children);

(2) is charged with a felony under Chapter 481, Health and Safety Code, or Section 485.033, Health and Safety Code, punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or maximum fine for a first degree felony; or

(3) does not submit to testing for the presence of a controlled substance in the defendant's body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant's body.

(c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant's body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant's body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial.

(d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged.

(e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond.

(f) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.

(g) The court may order that a personal bond fee assessed under Section 17.42 be:

(1) paid before the defendant is released;

(2) paid as a condition of bond;

(3) paid as court costs;

(4) reduced as otherwise provided for by statute; or

(5) waived.