The Law Office of Kevin Bennett

When the handcuffs click behind you in Austin, your life could change in an instant. Whether a felony or misdemeanor, a criminal charge can have a serious impact on your career, family, finances, and future. You could be facing a total loss of liberty if you are sent to prison. You could face crippling fines. You could have a criminal record that haunts you for the rest of your life, keeping you from getting the job of your dreams. If you are a student at the University of Texas or any other institution of higher education, you could be suspended or expelled.

With such severe consequences, it is critical that you exercise your right to an attorney. It is essential that you have a skilled, aggressive advocate challenging the prosecution's evidence, who will work tirelessly to build a strong defense on your behalf and who will seek the best results for you.

Kevin Bennett is a skilled criminal lawyer in Austin, Texas who represents residents, visitors, students and anyone else facing criminal accusations in Travis County.

Kevin Bennett is a member of the Texas Criminal Defense Lawyers Association, the Austin Criminal Defense Lawyers Association, the Austin Bar Association and Texas Exes.

Austin Criminal Defense Lawyer

Throughout my career in criminal defense work, I have learned firsthand that good people can sometimes make bad mistakes and that individuals are often falsely accused of wrongdoing. These errors do not mean, however, that an individual should spend the rest of their life paying for them.

I understand the overwhelming stress, fear, and uncertainty associated with an arrest and criminal charge. My goal is to eliminate this anxiety by fully explaining the legal process in understandable terms, implementing my skill and experience to help guide you through the criminal justice system, and fighting to protect your rights.

I fight for some of the most fundamental rights we have: The right to a fair trial where prosecutors must prove all elements of every charge, beyond reasonable doubt.

Any time you face accusations of a crime, there is a tremendous amount at stake. An aggressive lawyer can make the difference between freedom and prison. Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation to discuss your criminal charges.

Tour Our Offices

A Skilled and Dedicated Advocate for Travis County Residents

At my firm, I provide skilled and dedicated legal representation for a wide range of felony and misdemeanor offenses, from DWI to domestic violence, assault and battery to drug cases.

While many Austin defense attorneys pride themselves on the number of clients they sign up, I limit the number of clients that I represent at any given time. This policy makes it possible for me to thoroughly dedicate myself to you as a client and to keep in constant communication with you as your case progresses. In fact, I routinely give clients my cell phone number because it enables us to keep in touch.

As a dedicated Austin defense attorney, I find it rewarding to represent all types of people during what is often the most stressful time in their lives. When you become a client of The Law Office of Kevin Bennett, you won't ever be farmed out to some other lawyer. I will personally handle all matters of your case.

I represent residents, visitors, students and anyone else facing criminal accusations in Austin or Travis County.

I am a member of the Texas Criminal Defense Lawyers Association, the Austin Criminal Defense Lawyers Association, the Austin Bar Association and Texas Exes.

The Heavy Burden of Travis County Prosecutors

For any criminal case, the prosecution is required to prove that the defendant committed the crime. They must prove every single element of their case beyond reasonable doubt.

"Beyond reasonable doubt" means they must convince the jury that there can be no plausible scenario other than the one they present. They must provide evidence that conclusively proves their theory.

This standard applies for every element of the case. For instance, people commonly face drug charges of simple possession in Austin. For possession, prosecutors must prove you knowingly and willingly had actual care, custody, control or management of the illegal substance. It is not enough to prove that someone was only in close proximity to the drugs.

However, in some cases, an individual may be charged with drug possession even if no drugs were actually found in their physical possession. For example, the police are called due to a possible break-in of your dorm room and they observe cocaine belonging to your roommate sitting on a table. You are present in the room but unaware of the drug’s presence. Although you may not have had actual physical possession of the cocaine, the police may decide to arrest you for possession anyway. This is called "constructive possession," meaning that while the drugs were not found on your person, they were found somewhere that you had control and there are allegations that you actually took some action to control it. 

If prosecutors cannot prove that you had actual care, custody, control or management of the cocaine found on the table, then they have failed to prove their case.

The Role of an Austin Defense Attorney After Arrest

On the other hand, the defense attorney doesn't have to prove anything. He doesn't have to prove you were innocent, or that you had an alibi. But your attorney plays a very important role. He protects your rights and shows the jury the holes and weaknesses in the case against you.

You have the right, found in the Fourth Amendment to the Constitution, against unreasonable searches and seizures. For you to be charged with a crime, police must collect evidence. In drug and marijuana cases, the primary evidence is usually the drugs themselves. If they found them in your home, business or in a locked compartment in your car, then they would typically need a warrant to be able to conduct that search.

If they did not obtain the proper warrant, then the results of the search might be thrown out. Without that critical evidence, Austin prosecutors may have little choice but to toss out the charges against you.

Other Constitutional rights may also be critical if you face charges. Police cannot arrest you without probable cause to believe you committed a crime. This often comes into play in drunk driving arrests. The police need at least reasonable suspicion that a crime has been committed in order to pull you over. If they cannot show they had reasonable suspicion to pull you over or probable cause to arrest you, then any evidence found may be suppressed or the arrest may be invalid

Your Texas criminal lawyer will challenge illegally obtained evidence and invalid arrests. He can also show the holes in the prosecution's case to the jury and expose the reasonable doubt by questioning their evidence and vigorously cross-examining their witnesses. He can also bring forth evidence and witnesses in your defense that can speak to the weaknesses in the case against you.

The First Step to Freedom: Getting Out of Jail

When a loved one is in jail after an arrest, the number one priority for family and loved ones is getting that person released. When many people get the call that their loved one is in Travis County Jail, they have no idea what to do. Others may believe calling a bail bondsman is the best or only option.

However, hiring an attorney is often the quickest and cheapest path to jail release for your loved one. An attorney has the ability to interview the inmate in jail, complete the necessary background checks and bond paperwork, and set the appropriate hearing with the judge. A qualified criminal defense attorney knows how to push a case to the front of the line, making for a quicker release in many circumstances.

Kevin Bennett is available 24 hours per day, seven days per week to respond to Travis County residents to help them get their loved ones out of jail in the quickest way possible. Call (512) 476-4626 now to start the process.

Keeping Austin Students' Futures Bright

Austin is home, or at least a temporary home, to thousands of students at the University of Texas, St. Edwards University, Austin Community College and other schools. The students there have a bright future to look forward to. However, that future can turn dark in an instant when arrested for a crime.

An arrest could impact the jobs that you may be able to take. It could affect which graduate schools, law schools or medical schools accept you. It could even mean being suspended or expelled from the school you are currently attending. Even a "minor charge," like a MIP, can have grave results.

Kevin Bennett understands the risks and challenges students face when arrested. He represents students in criminal courts on any charge, from disorderly conduct to sexual assault. He can also serve as an adviser for UT students in the disciplinary hearings they face as a result of accusations of violating the code of conduct.

Fighting for the Rights of Travis County Defendants

If you face any type of criminal charges at the Travis County Courthouse, you can have a skilled advocate protecting your rights and defending you. Kevin Bennett is an experienced Austin criminal defense lawyer who personally handles every detail of his clients' case. Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation to discuss your case.