# The Law Office of Kevin Bennett > | --- ## Pages - [How to Clear a Warrant](https://www.kevinbennettlaw.com/texas-criminal-process/warrants/clearing-warrants/): If you have an outstanding warrant, it can be difficult to know what to do next. Attorney Kevin Bennett can help clear warrants in your name. - [Teaching Certification Revocation](https://www.kevinbennettlaw.com/dwi-dui/professional-licenses/teaching-certification-revocation/): Depending on your school district and the level of conviction, you may lose your teaching license if you are charged with a DWI even while off duty. In | - [Medical License Revocation](https://www.kevinbennettlaw.com/dwi-dui/professional-licenses/medical-license-revocation/): f you’ve received a DWI, then you may face the suspension or loss of your medical license under the state's "moral turpitude" laws. - [Sexually Oriented Businesses (SOB)](https://www.kevinbennettlaw.com/sex-crimes/sexually-oriented-businesses/): Certain businesses are required to follow a set of rules if their owners want to stay in business. These are Sexually Oriented Businesses. - [Cost of a DWI](https://www.kevinbennettlaw.com/dwi-dui/cost-of-a-dwi/): DWI offenses carry with them more than just possible jail time. Along with probation, fine and bail, the total cost of a DWI can cost up to $15,000. - [Expunctions After a Pretrial Diversion Program](https://www.kevinbennettlaw.com/expunctions-record-sealing/expunctions-after-a-pretrial-diversion-program/): After you complete a pretrial diversion program, you may be eligible for an expunction. This means that you can remove the record of your arrest.. - [Defending Women in DUI Cases](https://www.kevinbennettlaw.com/dwi-dui/defending-women/): DUIs are one of the most common crimes charged in the Austin area, but evidence shows that women see a higher rate of false arrests. - [Promotion of Child Pornography](https://www.kevinbennettlaw.com/sex-crimes/promotion-of-child-pornography/): Selling or distributing child pornography is illegal in the state of Texas, and is punishable by decades in prison. - [DWI Pre-Trial Diversion Program](https://www.kevinbennettlaw.com/dwi-dui/dwi-pre-trial-diversion-program/): Simply put, pre-trial diversion programs (PDPs) allow you to complete some form of alternative punishment to jail time. - [DWI Deferred Adjudication](https://www.kevinbennettlaw.com/dwi-dui/dwi-deferred-adjudication/): If you’ve been charged with a first-time DWI, you may be eligible for what is known as deferred adjudication. - [Pilot License Revocation](https://www.kevinbennettlaw.com/dwi-dui/professional-licenses/pilot-license-revocation/): Losing your license is a big deal, and the best way to fight it is to avoid losing it in the first place. This article goes over what happens if your license is revoked. - [Prescription DWI](https://www.kevinbennettlaw.com/dwi-dui/prescription-dwi/): If you’ve been charged with driving while intoxicated, it is highly recommended that you contact the Law Office of Kevin Bennet. - [Dismissing a Family Violence Charge](https://www.kevinbennettlaw.com/domestic-family-violence/dismissing-a-family-violence-charge/): Dismissing a family violence charge is a complex process. You'll need to work with your attorney to work through the specifics of your case. - [Expunging Domestic Violence Records](https://www.kevinbennettlaw.com/domestic-family-violence/expunging-domestic-violence/): Once you’ve been arrested, arraigned or charged with a domestic violence charge, the court begins a paper trail that can come back to bite you. - [Marijuana DWI](https://www.kevinbennettlaw.com/dwi-dui/marijuana-dwi/): The presence of any controlled substance while driving may result in a DWI. However, certain exceptions may be made for prescription uses. - [Robbery](https://www.kevinbennettlaw.com/violent-crimes/robbery/): Sometimes, in the course of a theft, a robber may injure someone or use a weapon. Texas law defines these actions as robbery, a felony offense. - [Flying While Intoxicated](https://www.kevinbennettlaw.com/dwi-dui/flying-while-intoxicated/): It is illegal in the state of Texas to fly while under the influence of alcohol. It is also a federal offense to do the same. - [Duty on Striking Structure, Fixture, or Highway Landscaping](https://www.kevinbennettlaw.com/serious-traffic-offenses/duty-on-striking-fixture/): It is a criminal offense in the state of Texas to strike a fixture, structure, or highway landscaping and not provide identifying information. - [Duty on Striking Unattended Vehicle](https://www.kevinbennettlaw.com/serious-traffic-offenses/duty-on-striking-unattended-vehicle/): It is a requirement under Texas Law that you leave, or attempt to leave, identifying information after striking an unattended vehicle. - [Accidents Involving Vehicles](https://www.kevinbennettlaw.com/serious-traffic-offenses/accidents-involving-vehicles/): Texas describes what to do if you were in an accident involving another vehicle in Texas transportation code 550. - [Sexual Assault of a Child](https://www.kevinbennettlaw.com/sex-crimes/sexual-assault-of-a-child/): Sexual assault of a child, also known as rape of a minor, is a serious offense that carries up to life in prison. - [Statutory Rape](https://www.kevinbennettlaw.com/sex-crimes/statutory-rape/): Statutory rape laws are designed to protect minors from sexual exploitation. It is typically prosecuted as a second-degree felony. - [Cyberstalking](https://www.kevinbennettlaw.com/violent-crimes/cyberstalking/): It is a subsection of broader stalking laws and is a stronger charge than general harassment. Like the parent crime of stalking, it is a felony. - [Deadly Conduct with a Firearm](https://www.kevinbennettlaw.com/weapon-firearm-charges/deadly-conduct-with-a-firearm/): Deadly conduct is a generic term for actions which endanger the life or health of another person. It may be tried as a misdemeanor or felony. - [Taking a Peace Officer's Firearm](https://www.kevinbennettlaw.com/weapon-firearm-charges/taking-a-peace-officers-firearm/): Taking, or attempting to take a police officer’s weapon is a felony offense in Texas. It is tantamount to obstruction of justice. - [Abandoning or Endangering a Child](https://www.kevinbennettlaw.com/domestic-family-violence/abandoning-or-endangering-a-child/): It is a crime in Texas to leave a child under one’s care in a place that would expose that child to unreasonable risk or harm. - [Hazing](https://www.kevinbennettlaw.com/student-defense/hazing/): Hazing generally refers to any activity someone is required to do to join or participate in a group that humiliates, degrades, or endangers. - [Misapplication Of Fiduciary Property](https://www.kevinbennettlaw.com/theft-property-crimes/misapplication-of-fiduciary-property/): The Law Office of Kevin Bennett defends individuals arrested for misapplication of fiduciary property in Austin, TX. - [Discharge Of Firearm In Certain Municipalities](https://www.kevinbennettlaw.com/weapon-firearm-charges/discharge-of-firearm-in-certain-municipalities/): The Law Office of Kevin Bennett defends individuals arrested for discharge of a firearm in certain municipalities in Austin, TX. - [Alcohol Monitoring Devices](https://www.kevinbennettlaw.com/dwi-dui/ignitioninterlock-scramdevice-portablealcoholmonitor/): The Law Office of Kevin Bennett defends clients that are required to wear an alcohol monitoring device such as an ignition interlock, SCRAM device, or portable alcohol monitor after a DWI charge. - [Injury to Elderly or Disabled Individual](https://www.kevinbennettlaw.com/domestic-family-violence/injury-to-elderly-or-disabled-individual/): The Law Office of Kevin Bennett represents clients arrested for committing injury to elderly or disabled individual in Austin, TX. - [Website Disclaimer](https://www.kevinbennettlaw.com/disclaimer/): Disclaimer The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding | - [Policies](https://www.kevinbennettlaw.com/policies/): Privacy Policy Comments When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and | - [Expunging Unlawful Carry of a Firearm](https://www.kevinbennettlaw.com/expunctions-record-sealing/expunging-unlawful-carry-of-a-firearm/): The Permitless Carry Bill now allows those with unlawful carry of a weapon convictions expunge their record. Learn more from Austin attorney. - [DWI with Property Damage](https://www.kevinbennettlaw.com/dwi-dui/dwi-with-property-damage/): Penalties for DWI are serious, but if an accident occurs with property damage it's even worse. Find out more from Kevin Bennett in Austin, TX. - [False Alarm or Report](https://www.kevinbennettlaw.com/student-defense/false-alarm-or-report/): Filing a false alarm or report can yield criminal penalties. Find out how to beat a false alarm or report charge from Austin TX attorney. - [Fleeing and Eluding a Police Officer](https://www.kevinbennettlaw.com/arrests/fleeing-or-eluding/): Fleeing or eluding a police officer may have been unintentional, but can result in serious fines. Find out from Austin defense lawyer in TX. - [Insurance Fraud](https://www.kevinbennettlaw.com/theft-property-crimes/fraud-forgery/insurance-fraud/): Allegations of insurance fraud can result in a felony and years in prison. Find out what to do from a Austin white collar crime attorney in TX - [Securing Execution of Document by Deception](https://www.kevinbennettlaw.com/theft-property-crimes/sedd/): Having someone sign a document by deception is a crime. Find out the penalties for securing execution of document by deception in Austin, TX. - [Statute of Limitations](https://www.kevinbennettlaw.com/texas-criminal-process/statute-of-limitations/): Statue of limitations is a deadline for prosecutors to file criminal charges. Learn Texas statute of limitations laws from an Austin attorney. - [Racing](https://www.kevinbennettlaw.com/serious-traffic-offenses/racing/): Racing on a highway in Texas is a felony offense. Find out the penalties and possible defenses from racing defense lawyer in Austin, Texas. - [Possession of Fentanyl](https://www.kevinbennettlaw.com/drug-charges/possession-of-fentanyl/): Possession of the opioid fentanyl can land you with a felony charge. Austin drug possession attorney at [firm] discusses the penalties in TX - [Tampering with Evidence](https://www.kevinbennettlaw.com/theft-property-crimes/fraud-forgery/tampering-with-evidence/): Tampering or fabricating evidence can result in a felony. Learn more from Austin defense attorney Kevin Bennett at [firm] in TX. - [DWI Blood Test](https://www.kevinbennettlaw.com/dwi-dui/dwi-blood-tests/): A DWI blood test occurs when someone is believed to be driving under the influence of drugs. Learn the accuracy of blood tests from our firm. - [DWI Breathalyzer Test](https://www.kevinbennettlaw.com/dwi-dui/breathalyzers/): A DWI breathalyzer test can come up with false results. Learn why and implied consent laws from Austin DWI attorney at [firm] in TX. - [Continuous Family Violence](https://www.kevinbennettlaw.com/domestic-family-violence/continuous-family-violence/): Prior domestic assault convictions can result in continuous violence against the family. Learn from Austin domestic violence attorney in TX. - [Obstruction of Highway or Passageway](https://www.kevinbennettlaw.com/dwi-dui/obstruction-of-a-highway/): Obstructing or blocking a highway is a crime in Texas. Learn about the penalties and plead down your DWI from Austin attorney at [firm] in TX. - [Indecent Assault](https://www.kevinbennettlaw.com/sex-crimes/indecent-assault/): Indecent assault is a serious crime with harsh penalties. Find out what to do if you're charged with this sex crime from Austin attonrey at [firm] in TX. - [Online Impersonation](https://www.kevinbennettlaw.com/theft-property-crimes/fraud-forgery/online-impersonation/): Did you know simply pretending to be someone online is a crime called online impersonation. Find out more from Texas attorney at [firm] in Travis County. - [Interference with Public Duties](https://www.kevinbennettlaw.com/arrests/interference-with-public-duties/): Interfering with the public duties of an police officer can mean criminal charges. Find out what to do from defense lawyer at [firm] in Austin, Texas. - [Child Pornography](https://www.kevinbennettlaw.com/sex-crimes/child-pornography/): Possessing or promoting child pornography is a felony in Texas. Learn the penalties from defense lawyer at [firm] in Austin, Texas. --- ## Posts - [Developments in Austin’s Domestic Violence Task Force](https://www.kevinbennettlaw.com/blog/developments-in-austins-domestic-violence-task-force/): Task Force Chair Kirsha Haverlah and County Attorney Delia Garza have been putting their resources into addressing the growing amount of Domestic Violence - [SXSW Leaves Town](https://www.kevinbennettlaw.com/blog/sxsw-leaves-town/): The cultural festival South by South-West is coming to a close. Almost every year since 1987, the largest music festival in the world has given Austinites - [Comparing Criminal Charges: Misrepresentation of Age, Possession of a Fake ID, and Possession of a Fake License](https://www.kevinbennettlaw.com/blog/comparing-criminal-charges-misrepresentation-of-age-possession-of-a-fake-id-and-possession-of-a-fake-license/): Misrepresentation of age often takes the form of using fake id's and lying about one's age to purchase alcohol or access adult-only venues. - [Permitless Carry Bill Allows Expungement of Unlawful Carry of a Firearm](https://www.kevinbennettlaw.com/blog/permitless-carry-bill/): The Permitless Carry Bill (HB 1927) allows Texans to expunge unlawful carrying of a firearm charges or conviction. Learn more here. - [DWI Lawyer Kevin Bennett Discusses The Punishment For The First Offense DWI In Austin](https://www.kevinbennettlaw.com/blog/punishment-first-dwi-offense/): Austin Criminal Attorney Kevin Bennett Explains What Happens After A DWI Arrest In Texas and the Punishments - [Law Enforcement See Rise in Assault & Domestic Violence Cases Due to COVID-19 Restrictions](https://www.kevinbennettlaw.com/blog/assault-increase-due-to-coronavirus/): Assault and domestic violence cases are on the rise since the COVID-19 pandemic started. Learn what to do from Austin attorney at [firm]. - [Texas Governor Declares Public Health Disaster for the First Time in More Than 100 Years](https://www.kevinbennettlaw.com/blog/texas-governor-declares-public-health-disaster-for-the-first-time-in-100-years/): Texas Governor Declares Public Health Disaster for the First Time in More Than 100 Years For the first time since 1901, the governor of Texas has issued a - [Travis County New Public Defender Office Hires Virginia Law Professor as Lead](https://www.kevinbennettlaw.com/blog/travis-county-public-defender/): Travis County may finally be able to set up a public defender's office now that they have hired a Virigina law professor as their new chief to lead them. - [New Law in Texas Makes it Illegal to Send Unsolicited Nudes](https://www.kevinbennettlaw.com/blog/new-unsolicited-nudes-law/): Recently, a new bill passed into a law in Texas regarding sending unsolicited partially or totally nude photos, otherwise known as "nudes." - [What Drivers Must Do After a Crash to Avoid Hit and Run Charges](https://www.kevinbennettlaw.com/blog/hit-and-run-blog/): Drivers are required to do certain things after a car accident, including to stop and render aid if necessary. Learn what happens if you fail to stop in TX. - [New DWI Law Gives First-Time Offenders a Chance to Seal Their Records](https://www.kevinbennettlaw.com/blog/new-dwi-law-gives-first-time-offenders-a-chance-to-seal-their-records/): Texas, unfortunately, has garnered an infamous reputation for harsh driving while intoxicated (DWI) laws. However, a newly passed bill known as HB 3582 might ease some of the issues DWI offenders face post-conviction. The state of Texas now allows first-time DWI offenders to obtain deferred adjudication if they’re eligible. - [Texas Bill for Higher Concentration Cannabis](https://www.kevinbennettlaw.com/blog/texas-bill-for-higher-concentration-cannabis/): New bills introduced to Texas Capitol Hill may expand medical mariuana laws in 2019. Learn more from [firm] located in Travis County, Texas. - [Expunging a Felony in Texas](https://www.kevinbennettlaw.com/blog/expunging-felony-texas/): You can erase your charges completely if you petition for expunction. Defense attorney at [firm] explains how to expunge a felony in Travis County, Texas. - [Should I Get a Public Defender or a Court-Appointed Attorney?](https://www.kevinbennettlaw.com/blog/get-public-defender-court-appointed-attorney/): Should I Get a Public Defender or a Court-Appointed Attorney? The Sixth Amendment to the United States Constitution establishes that: In all criminal - [Can I Get Probation for a DWI](https://www.kevinbennettlaw.com/blog/can-i-get-probation-for-a-dwi/): Probation and DWI Charges For many people who are arrested for driving while intoxicated (DWI) for the first time, the dominant concern about appearing in - [No Refusal Weekends](https://www.kevinbennettlaw.com/blog/no-refusal-weekends/): Law enforcement sometimes conduct "no refusal weekends" to secure more DWI arrests. Defense attorney at [firm] explains no refusal weekends in Austin, TX. - [Increase in Drugged DWI](https://www.kevinbennettlaw.com/blog/increase-in-drugged-dwi/): Most people associate DWI charges with alcohol, but a new study shows drug related DWIs are on the rise in Travis County, Texas. Call [phone] to learn more. - [What is a Controlled Substance?](https://www.kevinbennettlaw.com/blog/what-is-a-controlled-substance/): Defense attorney at [firm] explains what Texas considers to be a controlled substance. Offices located in Austin, Texas. Call [phone] for more information. - [How Serious Is a Possession of Marijuana Charge?](https://www.kevinbennettlaw.com/blog/serious-possession-marijuana-charge/): How Serious Is a Possession of Marijuana Charge? In November 2012, KUT-FM reported that an open records request showed that more than a quarter of the - [What Happens If This Is My Second DWI?](https://www.kevinbennettlaw.com/blog/happens-second-dwi/): If you've been arrested for a second DWI, you may be in trouble. Defense attorney at [firm] explains the penalties for a second DWI in Travis County, Texas. - [Getting a DWI Reduced](https://www.kevinbennettlaw.com/blog/getting-dwi-reduced/): You may be able to reduce or dismiss your DWI charges with quality legal representation. [firm] explains how to reduce your DWI in Travis County, Texas. - [Do I Have To Take A Breath Test?](https://www.kevinbennettlaw.com/blog/take-breath-test/): Do I Have to Take a Breath Test in TX? Criminal defense lawyer at [firm] answers this question and explains implied consent laws in Travis County, Texas. - [Collateral Consequences of a Criminal Conviction](https://www.kevinbennettlaw.com/blog/collateral-consequences-criminal-conviction/): Collateral Consequences of a Criminal Conviction For many people, fears about being convicted for criminal offense are often based on the possible fines - [Increase in Prescription Drug Fraud Cases](https://www.kevinbennettlaw.com/blog/increase-in-prescription-drug-fraud-cases/): Prescription drug fraud cases increasing according to the FBI. Learn more about how & why prescription drug charges are on the rise in Travis County, Texas. - [Sealing DWI Convictions in Austin Texas](https://www.kevinbennettlaw.com/blog/expunging-dwi-convictions-austin-texas/): First-Time DWI Offenders Get Second-Chance New Texas Bill, House Bill 3016, was recently signed into law by Texas Governor Greg Abbot, allowing - [Kevin Bennett Elected Fellow of Texas Bar Foundation](https://www.kevinbennettlaw.com/blog/kevin-bennett-elected-fellow-of-texas-bar-foundation/): Austin, TX Criminal Defense Attorney Kevin Bennett has been elected as Texas Bar Foundation Fellow for his commitment to the justice system throughout TX. - [Citations / Arrest / Release for Theft](https://www.kevinbennettlaw.com/blog/citations-release-for-theft/): When someone gets accused of theft, they can be arrested and/or issued a citation, Contact Kevin Bennett, Austin's Criminal Defense Attorney. - [Laws Regarding Synthetic Marijuana in Texas](https://www.kevinbennettlaw.com/blog/laws-regarding-synthetic-marijuana-in-texas/): If you have been arrested or charged with synthetic marijuana or K2 in Austin, TX contact criminal defense lawyer Kevin Bennett to discuss your criminal drug charge. - [Continual Increase in Controlled substance use by College Students](https://www.kevinbennettlaw.com/blog/continual-increase-in-controlled-substance-use-by-college-students/): In this article, Attorney Kevin Bennett addresses the constant increase of the use of controlled substances by college students. - [Felony and Misdemeanor Drug Charges](https://www.kevinbennettlaw.com/blog/felony-and-misdemeanor-drug-charges/): Felony and Misdemeanor Drug Charges Attorney in Travis County Discuss penalties associated with possessing illegal drugs that lead to serious consequences. - [New Criminal Laws in Texas in 2015](https://www.kevinbennettlaw.com/blog/new-criminal-laws-texas/): In this article, Criminal defense lawyer,Kevin Bennett explains new criminal laws in Austin TX. These changes effect theft crimes,and many others. - [Texas Concealed Handgun New Laws Take Effect](https://www.kevinbennettlaw.com/blog/texas-concealed-handgun-new-laws-take-effect/): Effective January 1, 2016 , New Concealed Handgun Laws Take Effect in Texas. New laws for the open carrying of guns were passed per House Bill 910. The new - [Do Not Plead Guilty to Family Violence Charges in Travis County, Texas](https://www.kevinbennettlaw.com/blog/do-not-plead-guilty-to-family-violence-charges-in-travis-county-texas/): Do Not Plead Guilty to Family Violence Charges in Travis County, Texas Many individuals accused of family violence in Travis County and throughout Texas - [Possession of Synthetic Marijuana is Still a Crime](https://www.kevinbennettlaw.com/blog/possession-of-synthetic-marijuana-is-still-a-crime/): If you have been charged with possession of synthetic marijuana anywhere in Travis County, Texas, it is important to consult an experienced K2 possession attorney immediately. - [You Will Pay to Party: Criminal Consequences of Ecstasy Possession](https://www.kevinbennettlaw.com/blog/you-will-pay-to-party-criminal-consequences-of-ecstasy-possession/): You Will Pay to Party: Criminal Consequences of Ecstasy Possession What is MDMA/Ecstasy/Molly? MDMA, also known as ecstasy or molly, is an illegal - [Tips to Avoid DWI Arrest during SXSW](https://www.kevinbennettlaw.com/blog/tips-to-avoid-dwi-arrest-during-sxsw/): South by Southwest (SXSW) is an large Austin event for tourists and locals. Defense attorney at [firm] gives tips on how to avoid a DWI arrest during SXSW. - [Understanding the Criminal Charges in the Texas Planned Parenthood Case](https://www.kevinbennettlaw.com/blog/understanding-the-criminal-charges-in-the-texas-planned-parenthood-case/): A Harris County grand jury convened to investigate whether Planned Parenthood sold organs of aborted fetuses did return indictments—against videographers. - [Potential Defenses in a Texas Drug Possession Case](https://www.kevinbennettlaw.com/blog/potential-defenses-in-a-texas-drug-possession-case/): If you have been arrested or charged for drug possession in Austin, Texas, there are ways in which a defense attorney can help get your drug case dismissed. - [Nine Marijuana Bills Filed for 2015 Texas Legislative Session](https://www.kevinbennettlaw.com/blog/nine-marijuana-bills-filed-2015-texas-legislative-session-2/): Bills filed in the Texas Legislature may change state marijuana laws. Call the Law Office of Kevin Bennett at (512) 476-4626 if you face cannabis charges. - [Potential Defenses in a Texas Marijuana Case](https://www.kevinbennettlaw.com/blog/potential-defenses-texas-marijuana-case/): If you have been arrested or received a marijuana ticket in Austin, TX contact criminal defense lawyer Kevin Bennett to discuss potential legal defenses or options that may be available to you. - [Can I Have My Drug Possession Arrest Record Sealed or Expunged?](https://www.kevinbennettlaw.com/blog/can-drug-possession-arrest-record-sealed-expunged/): If you are trying to seal or expunge a drug possession or other criminal charge in Austin, Texas, contact Attorney Kevin Bennett to discuss your options. - [What is the Difference between the Sealing of Criminal Records and Expunction in Texas?](https://www.kevinbennettlaw.com/blog/difference-sealing-criminal-records-expunction-texas/): There are many differences between the sealing of criminal records and expunction in Texas. Contact Austin Attorney Kevin Bennett to discuss your options. - [How Can a Lawyer Help in My Texas Public Intoxication Case?](https://www.kevinbennettlaw.com/blog/can-lawyer-help-texas-public-intoxication-case/): Have you been arrested or charged with public intoxication in Texas? If so, contact Austin public intoxication lawyer Kevin Bennett to discuss your defense. - [What is Public Intoxication in Texas?](https://www.kevinbennettlaw.com/blog/public-intoxication-texas/): Public intoxication in Texas is considered a class C misdemeanor punishable by fine and a permanent criminal record. If you have been charged with public intoxication, contact Austin public intoxication lawyer Kevin Bennett to discuss your best options. - [Austin Criminal Lawyer Kevin Bennett Provides Dedicated Defense](https://www.kevinbennettlaw.com/blog/austin-criminal-lawyer-kevin-bennett-provides-dedicated-defense/): An Austin Criminal Lawyer can make an essential difference in the outcome of a criminal case. If you have been arrested in Austin, contact Kevin Bennett. - [Can a Victim Drop Charges for Domestic Assault?](https://www.kevinbennettlaw.com/blog/can-a-victim-drop-charges-for-domestic-assault/): In Texas, an assault charge cannot be dropped simply because the victim wants charges dropped. The decision to drop charges belongs to the prosecutor. - [What is Possession of a Controlled Substance in Texas?](https://www.kevinbennettlaw.com/blog/what-is-possession-of-a-controlled-substance-in-texas/): Possession of a Controlled substance is a very serious drug charge in Texas and is usually classified as a felony drug possession case in Austin, TX. - [What are the Penalties for Possession of Cocaine?](https://www.kevinbennettlaw.com/blog/what-are-the-penalties-for-possession-of-cocaine-in-texas/): Penalties for Possession of Cocaine are extremely harsh in Texas. Possession of even the slightest amount of Cocaine is considered a felony in Austin, TX. - [What is the Definition of Bodily Injury?](https://www.kevinbennettlaw.com/blog/what-is-the-definition-of-bodily-injury-in-texas/): The definition of bodily injury in Texas is quite broad and can found under Texas Penal Code Section 1.07(8). If you have been arrested for assault causing bodily injury or domestic violence, contact Austin Assault Lawyer Kevin Bennett. - [Can a Victim Drop an Assault Charge?](https://www.kevinbennettlaw.com/blog/can-a-victim-drop-an-assault-charge/): In Texas, prosecutors will not simply “drop the charges” just because the victim wants to drop an assault charge or does not want to press charges. - [Penalty or Punishment for Possession of Cocaine](https://www.kevinbennettlaw.com/blog/what-is-the-penalty-or-punishment-for-possession-of-cocaine-in-texas/): Punishment for possession of cocaine in Texas can be very harsh. Possession of even the smallest amount of cocaine is considered a felony in Texas. --- # # Detailed Content ## Pages > If you have an outstanding warrant, it can be difficult to know what to do next. Attorney Kevin Bennett can help clear warrants in your name. - Published: 2024-07-11 - Modified: 2024-07-11 - URL: https://www.kevinbennettlaw.com/texas-criminal-process/warrants/clearing-warrants/ If you believe or have confirmed that you have an outstanding warrant, it can be difficult to know what to do next. You may be worried about being arrested, or being contacted at your place of work. These incidents can be embarrassing and potentially damaging to your reputation. In this article, we’ll go over the two major types of warrants (arrest and traffic), and how to deal with both. Types of Warrants There are two main types of warrants: arrest warrants and traffic warrants. Traffic Warrants are generally the product of missed ticket payments, but not always. If you fail to pay off a ticket or set of tickets, a warrant will be issued against your car. Being pulled over with a traffic warrant may result in additional tickets, impoundment, or even loss of your driver’s license. Arrest Warrants are issued for criminal actions. If you are suspected to be involved in the production of a crime, such as arson, assault or domestic abuse, a judge may sign off on a court order that allows the police to arrest you on the spot and bring you back to the police station for questioning. How to Clear a Traffic Warrant Depending... --- > Depending on your school district and the level of conviction, you may lose your teaching license if you are charged with a DWI even while off duty. In | - Published: 2024-03-15 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/professional-licenses/teaching-certification-revocation/ Depending on your school district and the level of conviction, you may lose your teaching license if you are charged with a DWI even while off duty. In the following article, we’ll go over what happens if you receive a DWI while employed as a teacher in Texas. Austin Teaching Certification Revocation Defense Attorney Losing your teaching license is life-changing. The loss of years of progress obtaining your teaching certification is absolutely devastating and can result in a forced career shift that you may not be ready for. If you receive a DWI while teaching, there is a chance that you could lose your job and your certification – if you have multiple convictions this chance increases substantially. The best thing to do if you receive a DWI is to contact the Law Office of Kevin Bennett. Kevin Bennett has a strong history of providing legal defense for DWI cases, and is ready to help you defend your teaching license. Call The Law Office of Kevin Bennett today at (512) 476-4626 if you have been arrested for driving under the influence of alcohol or drugs. Your initial consultation is free, and it will begin the process of defending your freedom... --- > f you’ve received a DWI, then you may face the suspension or loss of your medical license under the state's "moral turpitude" laws. - Published: 2024-03-15 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/professional-licenses/medical-license-revocation/ Receiving a DWI carries with it strong consequences in Texas. For medical professionals, these consequences are even stronger, and may result in job termination or even the loss of one’s medical license. In this article we’ll go over the crimes that may result in the loss of one’s medical license and how a lawyer can help you keep it. Austin Medical License Revocation Attorney Losing your medical license can be devastating. If you’ve received a DWI, then you may face the suspension or loss of your medical license in addition to the overall cost of the DWI. In that case, you need to contact a skilled DWI lawyer like those at the Law Office of Kevin Bennett. Kevin Bennett is a strong DWI attorney who is ready to aid you in your fight to maintain your medical license. Call The Law Office of Kevin Bennett today at (512) 476-4626 if you have been arrested for driving under the influence of alcohol or drugs. Your initial consultation is free, and it will begin the process of defending your freedom and protecting your driving privileges. Don't wait another moment to speak to an experienced DWI Austin attorney as soon as possible to... --- > Certain businesses are required to follow a set of rules if their owners want to stay in business. These are Sexually Oriented Businesses. - Published: 2024-03-14 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/sex-crimes/sexually-oriented-businesses/ Certain businesses are required to follow a set of rules if their owners want to stay in business. This is true for Sexually Oriented Businesses, or SOBs. SOBs derive their name from the services they provide. An SOB could be a strip club or cabaret club, a novelty shop or an adult theater. If you are planning to open a business, or have opened a business, it would be a good idea to review the alcohol, zoning and other laws and regulations specific to SOBs. If you have been arrested for violating a rule, The Law Office of Kevin Bennett is ready to fight for your right to own your business. Austin Sexually Oriented Business Attorney If you own a sexually oriented business and have been charged with violating requirements under state law, you need to speak with an experienced Austin-based lawyer. The Law Office of Kevin Bennett is ready to provide full-service legal representation for business owners, patrons and adult entertainers. Call (512) 476-4626 so that Kevin Bennett can begin developing your defense strategy as soon as possible. Information Center What are Sexually Oriented Businesses? Sexually Oriented Business Requirements Who Cannot Own a Sexually Oriented Business? Additional Resources Hire... --- > DWI offenses carry with them more than just possible jail time. Along with probation, fine and bail, the total cost of a DWI can cost up to $15,000. - Published: 2024-03-14 - Modified: 2024-10-25 - URL: https://www.kevinbennettlaw.com/dwi-dui/cost-of-a-dwi/ Driving while intoxicated offenses carry with them more than just possible jail time. Along with probation, fine and bail, the total cost of a DWI can rack up to $15,000. In this article, we’ll examine the full cost of a first-time DWI in Texas. Austin DWI Attorney DWI convictions can be extremely expensive. And while legal representation isn’t cheap, it can save you a lot of money in the long run. From fighting final convictions to negotiating reduced penalties, an experienced DWI lawyer is an invaluable asset to have in court. The Law Office of Kevin Bennett is experienced at providing assistance representing first-time and repeat DWI clients. When representing you, Kevin Bennett believes in being completely transparent so that you are aware of each and every detail surrounding your case. Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up your free consultation with an experienced DUI lawyer in Austin. Information Center DWI Cost Breakdown Hiring a Lawyer Court Appearance Fees Court Fines Probation Fees Alcohol Education Fees Alcohol Monitoring Fees Bail Insurance Adjustment Impound and Towing Fees Summary Fees Why You Should Fight a DWI Hire a DWI Defense Attorney in Austin, Texas Back... --- > After you complete a pretrial diversion program, you may be eligible for an expunction. This means that you can remove the record of your arrest.. - Published: 2024-03-13 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/expunctions-record-sealing/expunctions-after-a-pretrial-diversion-program/ Under certain circumstances, you may be eligible to ask the court to strike, seal and destroy all records pertaining to a particular arrest. This is what is known as an expunction. Expunctions and expungements are the same thing – Texas changed the verbiage in its code to expunction in 2021. Expunctions require the arresting department, and any associated agencies, to remove any records that may indicate your prior arrest. In many ways, this is the same as making it as if the arrest never happened. Qualifying for an expunction can be tricky, but the completion of a pre-trial diversion program is often a good indicator that you may be eligible. Austin Expunction Lawyer If you’ve been arrested, then any member of the public can see that you were arrested and what for. This includes future and current employers and landlords, banks and anyone else that looks up your criminal record. To remove your records, you need an expunction. The Law Office of Kevin Bennett offers its services to those looking for help receiving expunctions after pre-trial diversion programs. Knowing which agencies to place on the form and which forms to file can be tricky – so let the Law Office... --- > DUIs are one of the most common crimes charged in the Austin area, but evidence shows that women see a higher rate of false arrests. - Published: 2024-03-08 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/defending-women/ DUIs are one of the most common crimes charged in the Austin area, but evidence shows that women may see a high rate of false arrests for drunk or impaired driving. Women face special issues when asked to perform field sobriety tests, or take a breath, blood or urine test. The Intoxilyzer 8000, the machine most commonly used in breath testing, tends to over-inflate the readings for women compared to men. Attorneys for Women Charged with DUI in Tampa, FL The lawyers at The Law Office of Kevin Bennett pay special attention to the facts of each case. If you were accused of having a BAC over the legal limit of 0. 08 or refusing to take the breath, blood, or urine test, then we can help. Contact The Law Office of Kevin Bennett to learn more about the differences between men and women in DWI cases and when participating in field sobriety exercises, reacting to the stress of the investigation or submitting to breath tests. Call (512) 476-4626 so that Kevin Bennett can begin developing your defense strategy as soon as possible. Information Center Female Body Composition and False Positives Body Temperature Leads to False Positives Women and Field... --- > Selling or distributing child pornography is illegal in the state of Texas, and is punishable by decades in prison. - Published: 2024-03-08 - Modified: 2024-09-03 - URL: https://www.kevinbennettlaw.com/sex-crimes/promotion-of-child-pornography/ Buying and possessing child pornography is illegal in the United States. Promoting, which includes selling and distributing child pornography, is also illegal and is a felony offense. In the following article, we’ll go over the requirements necessary to prove a person guilty of promoting child pornography and the penalties for doing so. Austin Child Pornography Promotion Defense Attorney Child pornography charges are life-changing. If you have been charged with possessing or promoting child pornography, you should prepare to experience social stigma and a strong fight from the prosecution. To meet these charges, you need a fierce defense attorney like Kevin Bennett. The attorneys at the Law Office of Kevin Bennett are experienced in defending against child pornography charges and are ready to provide the legal representation that you need. If you or a loved one have been charged with promoting child pornography, then contact The Law Office of Kevin Bennett today to discuss your options for protecting your future in West Lake Hills, Austin, Rollingwood, Travis County, Sunset Valley, Pflugerville, Lago Vista, Lakeway and the surrounding areas. Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule a consultation on. Understanding Promotion vs. Possession Penalties for Promoting... --- > Simply put, pre-trial diversion programs (PDPs) allow you to complete some form of alternative punishment to jail time. - Published: 2024-03-07 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/dwi-pre-trial-diversion-program/ If you’ve been charged with a first-time DWI conviction, then you may be eligible for what is known as a pre-trial diversion program. These programs allow you to avoid trial by agreeing to certain terms. In the following article, we’ll go more in-depth for what pre-trial diversion programs entail and the process of receiving one. Austin Pre-Trial Diversion Attorney If you’ve just been charged with a first-time DWI, you need a lawyer. The Law Office of Kevin Bennett is prepared to fight your charges – and to tell you about the first-time DWI pre-trial diversion program in Travis County. If you qualify, Kevin Bennett will walk you through the process, file the necessary paperwork and, if all goes well, see the charge dismissed after the diversion period. Contact Kevin Bennett today at (512) 476-4626 to ask about pre-trial diversion programs in Travis County. Information Center Understanding Travis County's PDP Program What Does a PDP Look Like? How Much a PDP Costs Who Qualifies for a PDP Alternatives to a PDP Additional Resources Hire a Travis County Pre-Trial Diversion Program Attorney Back to top What is a Pre-Trial Diversion Program? Simply put, pre-trial diversion programs (PDPs) allow you to complete some... --- > If you’ve been charged with a first-time DWI, you may be eligible for what is known as deferred adjudication. - Published: 2024-03-07 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/dwi-deferred-adjudication/ If you’ve been charged with a first-time DWI, you may be eligible for what is known as deferred adjudication. This requires you to enter a plea of guilty in court with the promise of being able to defer punishment and seal your records in the future. However, not all crimes, including DWIs, are eligible for deferred adjudication. We’ll go over the qualifications for deferred adjudication and how it differs from pretrial diversion programs (PDP) in the following article. Austin Deferred Adjudication Lawyer Deciding whether or not to accept a deferred adjudication program can be complex, and the prosecution’s office may try to get you to admit guilt to a DWI when you do not need to. The best practice is to consult a seasoned DWI defense lawyer like the attorneys at The Law Office of Kevin Bennett. Kevin Bennett will provide key defense guidance and help you decide whether or not to move forward with deferred adjudication. Kevin Bennett will also help file your paperwork and make the process as painless as possible. Contact The Law Office of Kevin Bennett today to discuss your options for protecting your future in West Lake Hills, Austin, Rollingwood, Travis County, Sunset Valley, Pflugerville,... --- > Losing your license is a big deal, and the best way to fight it is to avoid losing it in the first place. This article goes over what happens if your license is revoked. - Published: 2024-03-06 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/professional-licenses/pilot-license-revocation/ Losing your pilot's license is a devastating event. There are several ways that this can happen: breaking airline regulations, committing certain crimes and, more often than not, drinking before or during a flight. In the following article, we’ll go over what you can expect if you’re accused of violating Federal Aviation regulations and the process of losing and regaining your pilot's license. Information Center Reporting the Incident Taking Action Requalifying Additional Resources Hire an Austin Licensing Lawyer Back to top Step 1: Report and Accusation If there is suspicion or evidence that a pilot has been drinking or otherwise violating company or aviation policy, then employees are obliged to report the pilot to his or her constituent airline, per CFR 14 § 61. 15. According to federal law, it is illegal to fly an aircraft with a blood alcohol content (BAC) of 0. 04 or higher. In addition, aviation guidelines disallow the consumption of any alcohol 8 hours before a flight. Pilots also have the opportunity to self-report alcohol use. This gives the airline time to find a replacement and prevents the pilot from actually flying the plane and violating state and federal law. It’s important to note that DWI/DUIs... --- > If you’ve been charged with driving while intoxicated, it is highly recommended that you contact the Law Office of Kevin Bennet. - Published: 2024-03-06 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/prescription-dwi/ Texas does not discriminate between intoxication charges due to illegal drugs and prescription drugs. The bottom line under Texas law is that, if you are under the influence of any amount of drugs which has negatively impacted your driving, then you may be liable for a DWI charge. In reality, however, there are certain limiting factors which may play a strong part in defending you against a DWI charge. We’ll go over some of those factors, including the presence of a prescription, in the following article. Austin Prescription DWI Lawyer If you’ve been charged with driving while intoxicated, it is highly recommended that you contact the Law Office of Kevin Bennet. Failing to secure accurate representation may result in suspension or loss of your driver’s license, as well as additional fines and possible jail time. Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome. Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about your DUI charges... --- > Dismissing a family violence charge is a complex process. You'll need to work with your attorney to work through the specifics of your case. - Published: 2024-03-04 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/domestic-family-violence/dismissing-a-family-violence-charge/ Once you’re charged with family violence, life will begin to move very quickly. Travis County follows a “no-drop” policy, meaning that any placed domestic violence call to 9-1-1 will not be dropped, and the district attorney’s office will continue to pursue charges. Protection orders, loss of custody and social stigma will begin to pile on as soon as the district attorney’s office decides to prosecute. In the following article, we’ll go over the steps in a family violence case and how a good lawyer can help get your charges dismissed. Austin Family Violence Defense Attorney If you’re facing a family violence charge, you need a strong defense attorney. Even if the alleged victim regrets the 9-1-1 call or you are falsely accused, you are likely to be charged by the district prosecutor’s office. The Office of Kevin Bennet will provide the support and information you need to fight these charges. As part of a commitment to providing every client with an unmatched level of personal attention, our Austin domestic violence attorney does not accept every case that comes across his desk. Kevin Bennett maintains open communication with all of his clients about the matters facing them, and he aims to... --- > Once you’ve been arrested, arraigned or charged with a domestic violence charge, the court begins a paper trail that can come back to bite you. - Published: 2024-03-04 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/domestic-family-violence/expunging-domestic-violence/ Once you’ve been arrested, arraigned or charged with a domestic violence charge, the court begins a paper trail that can come back to bite you. The only way to seal or remove these records is via an expunction order. Even if the alleged victim tries to drop the charges, you will still need to receive a dismissal and subsequent expunction order to remove the incident from your record. This is because the Travis County District Attorney’s Office follows a strict “no-drop” policy. This means that the Das office will likely continue to pursue the crime because victims often lie to protect their abuser for fear of retribution. In the following article, we’ll go over what types of crimes are available for expunctions and the process of obtaining one. Austin Domestic Violence Expunction Lawyer If you’re facing a family violence charge, you need a strong defense attorney. Even if the alleged victim regrets the 9-1-1 call or you are falsely accused, you are still likely to be charged by the district prosecutor’s office. The Office of Kevin Bennet will provide the support and information you need to fight these charges. As part of a commitment to providing every client with an... --- > The presence of any controlled substance while driving may result in a DWI. However, certain exceptions may be made for prescription uses. - Published: 2024-03-01 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/marijuana-dwi/ Texas does not provide a specific statute for driving while under the influence of marijuana, so these laws fall under the state’s general Driving While Intoxicated (DWI) laws. Texas Penal Code 49. 01 defines a DWI as having an alcohol blood content of 0. 08 grams or more per 210 liters of breath, 100 milliliters of blood or 67 milliliters of urine. Alternately, the presence of more than a “normal” amount of any drug or controlled substance is enough for a DWI conviction. Austin Marijuana DWI Lawyer A driving while intoxicated charge can alter your life and future. Kevin Bennett is a practiced criminal defense attorney in the larger Austin, Texas area. He has been managing and negotiating DWI and other intoxicated-related offenses in Texas criminal courts for years. Kevin Bennett is compassionate about his client’s situations and wants to do all he can to help you get the best possible results for your DWI case. The Law Office of Kevin Bennett accepts clients in the greater Travis County area and surrounding cities including West Lake Hills, Rollingwood, Austin, San Marcos, Georgetown, Lago Vista, and Sunset Valley. Contact an attorney who puts you first. Call (512) 476-4626 or submit an... --- > Sometimes, in the course of a theft, a robber may injure someone or use a weapon. Texas law defines these actions as robbery, a felony offense. - Published: 2024-02-29 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/violent-crimes/robbery/ Sometimes, in the course of a theft, a robber may injure someone or use a weapon. Texas law defines these actions as robbery, a felony offense. In the following article, we’ll go over the actions necessary to classify a theft as a robbery as well as the penalties and possible defenses for robbery charges. Austin Robbery Defense Lawyers Being falsely accused of robbery is life-changing. Sometimes, when a person has a prior conviction, the easiest thing for police to do is look for an easy target. In either case, you need a strong lawyer. The Law Office of Kevin Bennet is ready to protect your right to a free life. Kevin Bennet has decades of experience defending clients in all manner of the law, including robbery and theft charges. Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas. Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about your robbery charges in Travis County. Information Center How Robbery is Defined in Texas What Makes a Robbery Aggravated Penalties for Robbery in Texas Additional Resources Hire a Robbery Defense Attorney in Austin, Texas Back... --- > It is illegal in the state of Texas to fly while under the influence of alcohol. It is also a federal offense to do the same. - Published: 2024-02-29 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/flying-while-intoxicated/ Texas has a myriad of laws designed to prevent people from operating vehicles while under the influence of alcohol or drugs. Texas Penal Code 49. 05 specifically defines flying while intoxicated as a crime. Austin Flying While Intoxicated Defense Attorney If you’ve been charged with flying while intoxicated, it is recommended that you contact the Law Office of Kevin Bennet. Failing to secure accurate representation may result in suspension or loss of your flying license, as well as additional fines and possible jail time. Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome. Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about your DUI charges in Travis County. Information Center Understanding Flying DUIs in Texas Related Charges Penalties for Flying While Intoxicated Defenses for Flying DUIs in Texas Additional Resources Hire a Flying DUI Defense Attorney Back to top What is Flying While Intoxicated? Intoxication is defined as having a blood alcohol content of 0. 08... --- > It is a criminal offense in the state of Texas to strike a fixture, structure, or highway landscaping and not provide identifying information. - Published: 2024-02-29 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/serious-traffic-offenses/duty-on-striking-fixture/ It is a criminal offense in the state of Texas to strike a fixture, structure, or highway landscaping and not provide identifying information. Texas law requires that if you hit some sort of structure or cause some type of property damage that you provide identification. Failure to do so may result in a misdemeanor charge. In the following article, we'll go over Texas Transportation Code 550. 025 Including its definitions, penalties, and possible defenses. Accident Defense Lawyers in Austin, Texas If you or someone you know has been charged with failing to provide information after an accident causing property damage, then it is in your best interest to contact the law office of Kevin Bennett. Kevin Bennett tenaciously represents clients in Travis County, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas. Call (512) 476-4626 to schedule a consultation with a skilled duty attorney in Austin who has extensive client reviews and testimony to back up their experience about your charges. Your initial consultation is free, and it is the first step in the defense planning process. Information Center What Are "Duty" Laws? Penalties for Failing to Provide Information Common Defenses for Failing to Provide Information Hire a Duty Lawyer... --- > It is a requirement under Texas Law that you leave, or attempt to leave, identifying information after striking an unattended vehicle. - Published: 2024-02-29 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/serious-traffic-offenses/duty-on-striking-unattended-vehicle/ Texas has several laws which outline the duties of vehicle operators in the case of accidents when they strike an unattended vehicle. In the following article we'll go over Texas Transportation Code 550. 024, which describes the duties of a vehicle operator after striking an unattended vehicle. Accident Defense Lawyers in Austin, Texas If you or someone you know has been charged with failing to provide information after an accident causing vehicle damage, then it is in your best interest to contact the law office of Kevin Bennett. Kevin Bennett tenaciously represents clients in Travis County, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas. Call (512) 476-4626 to schedule a consultation with a skilled duty attorney in Austin who has extensive client reviews and testimony to back up their experience about your charges. Your initial consultation is free, and it is the first step in the defense planning process. Information Center Understanding Duty Laws in Texas Penalties for Failing to Leave Identifying Information Common Defenses Hire a Duty Defense Lawyer in Austin, Texas Back to top What Are Duty Laws? Known colloquially as an unattended hit and run, it is illegal in the state of Texas under Section 550.... --- > Texas describes what to do if you were in an accident involving another vehicle in Texas transportation code 550. - Published: 2024-02-29 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/serious-traffic-offenses/accidents-involving-vehicles/ Texas describes what to do if you were in an accident involving another vehicle in Texas Transportation Code 550. In this section, the state outlines requirements including what to do if someone is injured, how much and what information to provide, as well as the penalties for not following these requirements. In the following article, we will go over the penalties, requirements, and possible defenses for charges relating to accidents involving vehicles. Accident Defense Lawyers in Austin, Texas If you're facing charges related to incorrectly responding to a traffic accident, then you need to contact the Law Office of Kevin Bennett. The laws around traffic accidents are generally simple but can be misunderstood. Whatever the reason you're facing charges, we're ready to help. Kevin Bennett tenaciously represents clients in Travis County, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas. Call (512) 476-4626 to schedule a consultation with a skilled duty attorney in Austin who has extensive client reviews and testimony to back up their experience about your charges. Your initial consultation is free, and it is the first step in the defense planning process. Information Center Understanding Texas Statutes Regarding Accidents Accidents Resulting in Serious Injury or Death Simple... --- > Sexual assault of a child, also known as rape of a minor, is a serious offense that carries up to life in prison. - Published: 2024-02-28 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/sex-crimes/sexual-assault-of-a-child/ Sexual assault of a child, also known as rape of a minor, is a serious offense that carries the harshest of penalties. It is a common misconception that an individual can only be charged with rape if the alleged victim verbally declined or physically resisted to participate in sexual activity. However, there are a variety of situations in which sexual activity can be considered nonconsensual, even if the alleged victim did not resist. If you have been accused of rape, consulting with a Travis County sex crimes attorney, who is well-versed in the laws regarding sexual assault, could greatly impact the outcome of your case. Travis County Sexual Assault Defense Attorney If you have been arrested and charged with sexual assault, it is essential to your future that you contact an experienced Austin sexual assault attorney as soon as possible. Kevin Bennett of The Law Office of Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas. Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time... --- > Statutory rape laws are designed to protect minors from sexual exploitation. It is typically prosecuted as a second-degree felony. - Published: 2024-02-28 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/sex-crimes/statutory-rape/ Statutory rape laws are designed to protect minors from sexual exploitation and ensure that individuals engaging in sexual activities with minors face legal consequences. In the state of Texas, statutory rape laws play a crucial role in defining the age of consent and establishing the parameters for consensual sexual relationships involving minors. This summary explores the statutory rape laws in Texas, examining the age of consent, potential defenses, and the legal consequences for violations. Travis County Statutory Rape Lawyer If you have been arrested and charged with statutory rape, it is essential to your future that you contact an experienced Austin statutory rape attorney as soon as possible. Kevin Bennett of The Law Office of Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas. Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome. Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about... --- > It is a subsection of broader stalking laws and is a stronger charge than general harassment. Like the parent crime of stalking, it is a felony. - Published: 2024-02-28 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/violent-crimes/cyberstalking/ Cyberstalking is a crime in Texas. It is a subsection of broader stalking laws and is a stronger charge than general harassment. Like the parent crime of stalking, it is a felony in the state of Texas. In the following article, we’ll go over the differences between harassment and stalking and the penalties for cyberstalking in Texas. Austin Cyberstalking Attorneys If you have been arrested and charged with stalking, it is essential to your future that you contact an experienced Austin cyberstalking attorney as soon as possible. Kevin Bennett of The Law Office of Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas. Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome. Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about your cyberstalking charges in Travis County. Information Center Understanding the Difference Between Stalking and Harassment Understanding Cyberstalking Charges in Texas Penalties... --- > Deadly conduct is a generic term for actions which endanger the life or health of another person. It may be tried as a misdemeanor or felony. - Published: 2024-02-28 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/weapon-firearm-charges/deadly-conduct-with-a-firearm/ Deadly conduct is a generic term for actions which endanger the life or health of another person. Some examples of deadly conduct include reckless driving and reckless use of a firearm. Depending on the circumstances, deadly conduct may be prosecuted as a misdemeanor or a felony. In the following article, we’ll focus on deadly conduct with a firearm and the repercussions of a deadly conduct conviction. Austin Deadly Conduct Lawyers If you have been arrested and charged with deadly conduct, it is recommended that you contact an experienced Austin deadly conduct attorney as soon as possible. Kevin Bennett of The Law Office of Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas. Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome. Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about your deadly conduct charges in Travis County. Information Center Understanding Deadly Conduct... --- > Taking, or attempting to take a police officer’s weapon is a felony offense in Texas. It is tantamount to obstruction of justice. - Published: 2024-02-28 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/weapon-firearm-charges/taking-a-peace-officers-firearm/ Taking, or attempting to take a police officer’s weapon is a felony offense in Texas. It is classified under Chapter 38, obstructing governmental procedure. In the following article, we’ll go over the definitions and the penalties associated with taking a police officer’s weapon. Austin Lawyer for Taking a Peace Officer’s Firearm If you are charged with taking a peace officer’s weapon, then you may face a felony conviction. In a case like this, you need a strong defense attorney. If you have been arrested it is recommended that you contact an experienced Austin obstruction attorney as soon as possible. Kevin Bennett of The Law Office of Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas. Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome. Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about your obstruction charges in Travis County. Information Center Taking... --- > It is a crime in Texas to leave a child under one’s care in a place that would expose that child to unreasonable risk or harm. - Published: 2024-02-27 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/domestic-family-violence/abandoning-or-endangering-a-child/ Texas defines several laws to protect the more vulnerable members of our society. One such law is Texas Penal Code § 22. 041, endangering or abandoning a child, elderly or disabled individual. Simply put, it is a crime in Texas to leave a child under one’s care in a place that would expose that child to unreasonable risk or harm. Generally, child endangerment and abandonment is a felony and is classified as domestic violence. In the following article, we’ll go over the specifics of Texas’s child endangerment laws. Travis County Child Endangerment Lawyer If you are facing charges of child endangerment or abandonment in Travis County, you can have an experienced lawyer on your side. Kevin Bennett represents those accused of domestic violence. He can represent you in both the criminal charges and in any emergency protective order hearings that may stem from the accusations. As part of a commitment to providing every client with an unmatched level of personal attention, our Austin domestic violence attorney does not accept every case that comes across his desk. Kevin Bennett maintains open communication with all of his clients about the matters facing them, and he aims to help them understand what is... --- > Hazing generally refers to any activity someone is required to do to join or participate in a group that humiliates, degrades, or endangers. - Published: 2024-02-27 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/student-defense/hazing/ Hazing generally refers to any activity expected of someone joining or participating in a group that humiliates, degrades, abuses, or endangers them, regardless of the person's willingness to participate. It is often associated with initiation rituals in various groups, such as fraternities, sororities, sports teams, or other organizations. Hazing is defined under Texas Education Code Section 37. 151(f). In the following article, we’ll explore some definitions, punishments and the different types of hazing in Texas Code. Travis County Hazing Attorney If you or your child are facing charges of hazing in Travis County, you can have an experienced lawyer on your side. Kevin Bennett can represent you in both the criminal charges and in any emergency protective order hearings that may stem from the accusations. Kevin Bennett maintains open communication with all of his clients about the matters facing them, and he aims to help them understand what is happening during dark and frightening times. Kevin Bennett represents people throughout Travis County, including in Austin, Pflugerville, Lago Vista and Lakeway. Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a consultation. Information Center Understanding Texas Hazing Laws Personal Hazing Laws Organizational Hazing Penalties for Hazing... --- > The Law Office of Kevin Bennett defends individuals arrested for misapplication of fiduciary property in Austin, TX. - Published: 2022-12-12 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/theft-property-crimes/misapplication-of-fiduciary-property/ Misapplication of fiduciary property is a charge under Texas law that aims to protect the beneficiaries of a trust or estate. Under Texas law, an individual commits this crime by intentionally, knowingly, or recklessly misapplying property they hold as a fiduciary in a manner that involves substantial risk of loss to the property owner. For the risk to be considered substantial, the risk only needs to be more likely than not. Under Texas law, there are four types of people that are classified as fiduciaries. A fiduciary can be any of the following individuals acting in any of the following roles: A trustee, guardian, administrator, executor, conservator, and receiver are classified as fiduciary. An attorney-in-fact or other agent appointed under a durable power of attorney is also a fiduciary. An officer, manager, employee, or agent carrying out fiduciary functions or any other person acting in a fiduciary capacity is a fiduciary. Any person acting in a fiduciary capacity in any of these roles can be charged with the crime. In plain language, a fiduciary is a person who must take care of belongings for another person. Depending on the facts of the case at hand and the nature of the... --- > The Law Office of Kevin Bennett defends individuals arrested for discharge of a firearm in certain municipalities in Austin, TX. - Published: 2022-12-12 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/weapon-firearm-charges/discharge-of-firearm-in-certain-municipalities/ The State of Texas strongly supports the Second Amendment and the right to bear arms. As a matter of fact, throughout the years, Texas laws regarding firearms have become more relaxed while other states’ laws have become more stringent. For example, virtually anyone over 21 can own a handgun without additional licensing. But, the Texas gun laws are relaxed. There are still laws that prevent firearm use within certain municipalities. For example, Texas Penal Code § 42. 12 makes it a crime to recklessly discharge a firearm in a municipality with a population of 100,000 people or more. If this offense is committed, it is a Class A misdemeanor which can result in a fine of up to $4,000 and up to one year in jail. Texas Discharge Of Firearm In Certain Municipalities Attorney If you are facing accusations of discharge of a firearm in a certain municipality, The Law Office of Kevin Bennett can fight for your rights. Texas criminal defense attorney Kevin Bennett at The Law Office of Kevin Bennett can expose every weakness, every false accusation, and every exaggerated claim in the case against you. He will seek to have your charges reduced or dismissed. The Law... --- > The Law Office of Kevin Bennett defends clients that are required to wear an alcohol monitoring device such as an ignition interlock, SCRAM device, or portable alcohol monitor after a DWI charge. - Published: 2022-12-12 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/ignitioninterlock-scramdevice-portablealcoholmonitor/ In our digital age, alcohol monitoring is more technologically advanced than ever before. With alcohol monitoring devices such as an ignition interlock, SCRAM device, or portable alcohol monitor, law enforcement can now keep track of individuals who are facing DWI accusations. Gadgets such as these monitor repeat DUI offenders such as second-time DWI and third-time DWI offenders who have been ordered by the court to avoid alcohol as part of their sentence. If you have questions regarding alcohol monitoring devices and if one needs to be installed on your vehicle after an arrest, do not hesitate to reach out to a competent Travis County DWI defense attorney for assistance. Texas Alcohol Monitoring Devices Lawyer If you have been arrested for DWI and are now required to wear an alcohol monitoring device such as an ignition interlock, SCRAM device, or portable alcohol monitor, The Law Office of Kevin Bennett is here to help. Travis County defense lawyer Kevin Bennett at The Law Office of Kevin Bennett can investigate every angle of your case to create a strong defense and determine what might be the best course of action for you. To discuss the specifics of your situation, call (512) 476-4626 to... --- > The Law Office of Kevin Bennett represents clients arrested for committing injury to elderly or disabled individual in Austin, TX. - Published: 2022-11-22 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/domestic-family-violence/injury-to-elderly-or-disabled-individual/ While most assault cases are classified as a Class A misdemeanor under Texas Law, alleged offenders can face felony charges if the victim is a child, an elderly adult, or a disabled individual. Children, elderly, or disabled individuals are generally viewed as being defenseless and unable to protect themselves. Injury to a child, elderly or disabled individual is a criminal offense with repercussions that can follow the defendant for the rest of his or her life. Aside from fines and imprisonment, he or she may lose housing opportunities, employment, and the ability to obtain or retain a professional license. Texas Injury to Elderly or Disabled Individual Lawyer If you have been arrested for allegedly injuring an elderly adult or a disabled individual, it’s imperative you secure legal representation immediately. Violent crimes are persecuted harshly under Texas law. A conviction can result in significant fines and imprisonment. Kevin Bennett at The Law Office of Kevin Bennett is an experienced Austin criminal defense lawyer who can aggressively defend you in court. He can craft a strong defense for your case utilizing his skills, resources, and years of practice. Call (512) 476-4626 to schedule a free consultation today. The Law Office of Kevin... --- > Disclaimer The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding | - Published: 2022-04-18 - Modified: 2022-04-18 - URL: https://www.kevinbennettlaw.com/disclaimer/ Disclaimer The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. --- > Privacy Policy Comments When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and | - Published: 2022-04-18 - Modified: 2022-04-18 - URL: https://www.kevinbennettlaw.com/policies/ Privacy Policy Comments When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic. com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment. Media If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website. Cookies If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal... --- > The Permitless Carry Bill now allows those with unlawful carry of a weapon convictions expunge their record. Learn more from Austin attorney. - Published: 2021-06-30 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/expunctions-record-sealing/expunging-unlawful-carry-of-a-firearm/ For decades, those convicted of unlawful carry of a firearm (UCW) have been unable to expunge their records. This legal roadblock has been the cause of grief for thousands of people who just want to move on from their criminal past. Thankfully, the state of Texas recently passed the “Permitless Carry Bill” (HB 1927), which allows Texans to expunge their records of unlawful carry as long as they were convicted before September 1st, 2021. According to the TDCAA (Texas District & County Attorneys Association), more than 130,000 people since the year 1974 have been convicted of unlawfully carrying a weapon in Texas. That means thousands and thousands of people will finally have a second chance to have a clean record. If you’ve been arrested, charged, and/or convicted of unlawful carry, then we highly encourage you to hire an experienced criminal defense attorney with an extensive background in expunctions like The Law Office of Kevin Bennett. Austin Attorney for UCW Expungement | Updated Unlawful Carry Laws in TX Having a firearms-related offense on your record can seriously impact your life. You might have been denied from certain jobs, housing opportunities, or even a home or business loan in the past. You... --- > Penalties for DWI are serious, but if an accident occurs with property damage it's even worse. Find out more from Kevin Bennett in Austin, TX. - Published: 2021-03-01 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/dwi-with-property-damage/ Driving while intoxicated can significantly put other and property at risk for an accident. We can see that in records by the Texas Department of Transportation (TxDOT). For example, in 2017 there were 23,760 DWI-related accidents which resulted in property damage and bodily injury. To deter drunk drivers, the state of Texas has implemented harsh penalties for DWI offenders and enhancements to those penalties if the DWI resulted in property damage. If you’ve been accused of DWI with property damage, it’s important you start building a defense quickly so you can avoid the statutory penalties. The court may add an additional reckless damage and destruction charge on top of your DWI because you caused significant property damage or were involved in an accident. Not only that, but you could be required ot pay restitution to the victims for any repairs. That is why it’s imperative you seek an experienced Austin DWI attorney as soon as possible if you’ve been arrested for DWI with property damage. DWI Accident Defense Attorney in Austin, Texas The penalties for driving while intoxicated (DWI) are serious enough in Texas, but if the offense involves property damage you can expect even harsher consequences. If you’ve been... --- > Filing a false alarm or report can yield criminal penalties. Find out how to beat a false alarm or report charge from Austin TX attorney. - Published: 2021-03-01 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/student-defense/false-alarm-or-report/ Law enforcement utilize a report and alarm system which allows citizens to inform them of any possible present, past, or future bombing, fire, offense, or other emergency that may occur. This system is incredibly important to law enforcement and assists them every day in making new arrests or stopping future crimes. However, law enforcement from time to time may receive a false alarm or report and pursue it, resulting in a loss of police time and resources. To avoid this, Texas legislators have implemented laws prohibiting citizens from filing a false alarm or report to police. Violating this law will yield criminal penalties including time in jail and expensive court fines. If you have been arrested for filing a false police report or alarm to law enforcement, then we urge you to contact an experienced Texas criminal defense attorney. False Alarm or Report Attorney in Austin, Texas Making a false alarm or report to law enforcement is a crime in Texas with life-changing penalties. The crime is often associated with schools when a student pulls a fire alarm as a prank or calls in a false bomb threat. Usually, the students have no idea the gravity of their actions and... --- > Fleeing or eluding a police officer may have been unintentional, but can result in serious fines. Find out from Austin defense lawyer in TX. - Published: 2021-03-01 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/arrests/fleeing-or-eluding/ You’re driving and mentally organizing your daily tasks when all of a sudden, you’re bombarded by red and blue lights. Although you’re aware you should pull over, your panic response takes over and unexpectedly you find yourself attempting to flee or elude law enforcement. If this situation sounds familiar to you, you’re not alone. Every year thousands of Texans are arrested for fleeing and eluding a police officer and face the statutory penalties including imprisonment. Fleeing and eluding a police officer is a misdemeanor in the state of Texas and could result in a term of incarceration and hefty fines. The statutory penalties aren’t the only ones you’ll have to worry about also. You may face collateral consequences including termination from your job, revocation/suspension of your professional license, and even issues finding housing. With so much on the line, it’s important you have an experienced Texas fleeing and eluding attorney on your side to represent you in court. Austin Attorney for Fleeing and Eluding in Texas Most cases of fleeing and eluding are due to extreme stress or nerves from the defendant and don’t stem from any criminal intent. Many people convicted of fleeing and eluding only did so as... --- > Allegations of insurance fraud can result in a felony and years in prison. Find out what to do from a Austin white collar crime attorney in TX - Published: 2021-03-01 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/theft-property-crimes/fraud-forgery/insurance-fraud/ The purpose of insurance is to provide coverage to their policyholders after they’ve suffered a loss. Whether the contract is intended for the home, health, work, or liability, policyholders are expected to be truthful and not misrepresent facts when filing a claim. This includes all initial paperwork and any subsequent claims filed later on. However, some policyholders may not completely understand the intricacies of the claims process and then make a devastating mistake that could be interpreted as misrepresenting facts. In some cases, policyholders may drastically exaggerate their losses or even completely lie about damages in an effort to make a profit from their claim. Policyholders caught in the act of lying on an insurance application or claim can face upwards to a felony. Insurance Fraud Attorney in Austin, Texas If you are currently being investigated or have been arrested for insurance fraud or any type of fraud, then it’s imperative you retain legal counsel as soon as possible. Kevin Bennett of The Law Office of Kevin Bennett has spent years and years defending his clients from fraud or financial crimes with promising results. His experience allows him insight into how the prosecution approaches white collar cases, and he can... --- > Having someone sign a document by deception is a crime. Find out the penalties for securing execution of document by deception in Austin, TX. - Published: 2021-03-01 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/theft-property-crimes/sedd/ In Texas, it’s a crime to deceive someone in any way so they can sign an important document, which includes public servants. The offense is a type of fraud that can result in serious life-changing penalties. Depending on the circumstances, you could face up to a first-degree felony if the value of the property, service, or pecuniary interest is at $300,000 or more. If you’ve been accused of securing execution of a document through deception, then it’s crucial you contact a skilled fraud defense attorney. A knowledgeable white collar crime lawyer can assess the case and determine if there are any holes in the prosecution’s argument. They can then utilize this information to aggressively and skillfully defend you in court. Get ahead of the prosecution and start building your defense today to avoid the full statutory penalties. Securing Execution of Document by Deception Attorney in Austin, TX Were you recently charged with securing execution of a document by deception? If so, we urge you to contact Kevin Bennett of The Law Office of Kevin Bennett to resolve your charges. Attorney Bennett is a reputable attorney in the Austin area whose helped hundreds of clients avoid the harsh statutory penalties of... --- > Statue of limitations is a deadline for prosecutors to file criminal charges. Learn Texas statute of limitations laws from an Austin attorney. - Published: 2021-03-01 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/texas-criminal-process/statute-of-limitations/ Both civil and criminal courts follow a deadline known as a statute of limitations. A statute of limitations is essentially a time limit the government to file criminal charges against someone. If the prosecution attempts to charge someone past the statute of limitations, then the person accused can have their charges easily dismissed. The purpose of a statute of limitations is to protect the integrity of the evidence associated with the case and to ensure charges are resolved in a timely manner. Generally, the statute of limitations for a crime in Texas will start when the offense occurs. However, in some cases it’s difficult to determine when the crime occurred, or a victim may be too scared to speak up about the crime until years later. These types of scenarios may delay the starting of the time clock and therefore extend the statute of limitations. Defense Attorney Explains Statute of Limitations in Austin, Texas In Texas, the rules for a crime’s statute of limitations can be complicated depending on the situation. Not only this, but the same act may result in multiple criminal charges, which means there would be more than one limitations period that could apply. If you’ve been... --- > Racing on a highway in Texas is a felony offense. Find out the penalties and possible defenses from racing defense lawyer in Austin, Texas. - Published: 2021-03-01 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/serious-traffic-offenses/racing/ You may have seen actors in movies such as Fast and Furious all of a sudden have an impromptu race on the highway with little to no consequence. Although racing can make for a fun film, the act is prohibited under Texas law. Racing on a highway is a criminal offense in Texas that can yield harsh penalties including incarceration and expensive court fines. If you’ve been arrested for racing on a highway, we urge you to get in contact with an experienced Texas racing attorney as soon as possible. The penalties for the crime are so great they could change your life drastically if you’re convicted. Having an experienced and skilled criminal defense attorney on your side will significantly increase your chances of reduced or even dismissed charges. Racing Attorney in Austin, Texas | Racing & Drag Racing Laws in Texas If you’ve been arrested and charged for racing on a highway, then consult The Law Office of Kevin Bennett. Kevin Bennett of The Law Office of Kevin Bennett has assisted clients charged with traffic offenses for years, which includes racing. Don’t admit guilt or enter any plea without talking to an experienced Austin racing attorney today. You can... --- > Possession of the opioid fentanyl can land you with a felony charge. Austin drug possession attorney at [firm] discusses the penalties in TX - Published: 2020-09-04 - Modified: 2024-12-16 - URL: https://www.kevinbennettlaw.com/drug-charges/possession-of-fentanyl/ Fentanyl was first approved for medical use in 1968, but by 2015 it was considered the most widely used synthetic opioid in medicine. Although the medicine has alleviated a lot of suffering for patients over the years, it’s also become a major component of the current U. S. opioid crisis. It was recorded in 2016 that fentanyl and analogues were the most common cause of overdose deaths. The majority of these deaths were due to illegally made fentanyl. Due to the opioid crisis, the state of Texas has imposed harsh penalties for possession of fentanyl. Possessing even trace amounts of fentanyl can lead to state jail felony charges. More than a gram’s worth and you’re facing a third-degree or second-degree felony. In some cases, you could even be charged with a first-degree felony depending on the amount of fentanyl found on your person. The penalties associated with these crimes are life changing and could result in years in prison. If you or someone you know has been charged with possession of fentanyl, it’s crucial you seek an experienced criminal defense attorney for assistance. Austin Fentanyl Defense Attorney in Texas Often people who use fentanyl started because it was prescribed to... --- > Tampering or fabricating evidence can result in a felony. Learn more from Austin defense attorney Kevin Bennett at [firm] in TX. - Published: 2020-09-04 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/theft-property-crimes/fraud-forgery/tampering-with-evidence/ Any individual who is under investigation or has been charged with tampering with or fabricating physical evidence face serious penalties. Conviction for tampering with evidence can result in a high-level misdemeanor, and if aggravating factors are present it could even be enhanced to a felony. That means you could be sentenced to time in prison as well as pay thousand-dollar fines and court fees. If you or someone you know has been charged with tampering with evidence, it’s imperative you seek a criminal defense attorney as soon as possible. A criminal defense attorney who is well-versed in obstruction of justice laws can assess your case and find the holes in the prosecution’s argument. They can then start building a sturdy defense for you, so you can feel prepared and confident when you enter the courtroom. Austin Evidence Tampering Attorney in Texas Fabricating or tampering with the evidence involved in a crime can turn a simple misdemeanor into a felony-level case. Oftentimes the people who commit these crimes don’t even know that their actions could result in an additional criminal charge. If you have found yourself charged with tampering with evidence, we implore you to seek experienced legal representation. Kevin Bennett... --- > A DWI blood test occurs when someone is believed to be driving under the influence of drugs. Learn the accuracy of blood tests from our firm. - Published: 2020-09-04 - Modified: 2024-10-25 - URL: https://www.kevinbennettlaw.com/dwi-dui/dwi-blood-tests/ Law enforcement use chemical testing to determine if a person is driving under the influence of alcoholic beverages or drugs. It’s common for law enforcement to turn to blood testing, however, when they suspect drug use is the cause for impairment. If this happens, you will be asked to comply with a blood draw at a local hospital or a state crime lab. DWI blood test results can be fickle and although it’s the most accurate out of the three tests, it can still yield false results. Plus reading the results from a blood test requires an extensive scientific background in comparison to breath analysis. This means any human error could potentially skew the results and lead to a false positive. That is why it’s highly recommended you seek a criminal defense attorney if you were arrested for DWI because of a blood test. Austin DWI Attorney for Blood Tests in Texas Law enforcement utilizes chemical testing to measure a person’s impairment level. Unfortunately, these tests can sometimes generate false results. When that happens it’s imperative you seek a criminal defense attorney so you can start building a formidable defense as soon as possible. Find a skilled and experienced attorney... --- > A DWI breathalyzer test can come up with false results. Learn why and implied consent laws from Austin DWI attorney at [firm] in TX. - Published: 2020-09-04 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/breathalyzers/ Police officers use a range of testing to determine if someone is driving under the influence while driving (DWI). The most common of these is using a breathalyzer to measure your blood alcohol concentration (BAC) with a breath sample. These tests can be done through a portable breathalyzer (PBT) or submit a sample a sample at a full-sized breathalyzer located at the law enforcement station. Regardless of how the sample is measured, the results of a breath analysis test are not to be trusted at face value. A breathalyzer is designed to measure your BAC using a specialized reactive mixture. The mixture is made with certain chemicals that detects gases such as vaporized ethanol. Although these machines were created for accuracy, many factors could cause a breathalyzer to yield false results. For instance, if the machine isn’t calibrated or maintained properly, then the BAC results from that breathalyzer could be inaccurate. Other external factors could contaminate the breath sample and therefore result in a faulty positive such as having a slow metabolism, being on a diet or even the temperature of your breath. If you or someone you know has been arrested for DUI by a breath test, then we... --- > Prior domestic assault convictions can result in continuous violence against the family. Learn from Austin domestic violence attorney in TX. - Published: 2020-09-04 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/domestic-family-violence/continuous-family-violence/ Domestic assault in the state of Texas is normally charged as a misdemeanor. However, you could face a felony instead depending on the frequency you’ve committed the crime. If you have a history of domestic assault, then the judge may charge you instead with continuous violence against the family. The lightest charge a person can receive for committing continuous family violence is a third-degree felony, which can result in up to 10 years in prison. The penalties for continuous family violence don’t stop after you’ve served your sentence either. Often released offenders have issues finding employment, housing or the ability to take out a loan because they have a violent criminal history related to domestic violence. Anyone can pull up your criminal history with a simple background check and you won’t be eligible to seal or expunge your criminal record. For these reasons, we urge you to gain experienced and skilled legal representation as soon as possible if you’ve been charged with continuous family violence. Austin Continuous Family Violence Attorney in Texas Family matters can be incredibly complicated and hard to understand from a third-party perspective. When law enforcement gets involved, the whole situation can escalate quickly and all of... --- > Obstructing or blocking a highway is a crime in Texas. Learn about the penalties and plead down your DWI from Austin attorney at [firm] in TX. - Published: 2020-09-04 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/dwi-dui/obstruction-of-a-highway/ You may not know it but obstructing a highway or passageway without legal authority in the state of Texas is actually a crime. Texas law requires you to move if law enforcement makes a “reasonable” request for you to disperse during a public safety event (such as a riot) or to prevent the obstruction of a passageway or highway. Violation of these laws will result in serious consequences which includes time spent in jail. If you or someone you know has been charged with obstruction of a highway or passageway, it’s crucial you secure legal counsel right away. The prosecution is likely going to attempt to pressure you into a plea deal, but you don’t have to take it without the guidance of an experienced attorney. Your traffic defense lawyer can assess the case facts and determine if the plea deal is a smart move or if other legal options are available. Don’t wait another moment to protect your freedom and contact a criminal defense attorney today. Austin Defense Attorney for Obstruction of Highway in, TX Obstructing a highway or passageway is a victimless nonviolent crime, but a conviction still carries heavy penalties. If you’ve been accused of obstructing a... --- > Indecent assault is a serious crime with harsh penalties. Find out what to do if you're charged with this sex crime from Austin attonrey at [firm] in TX. - Published: 2020-07-20 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/sex-crimes/indecent-assault/ When you hear the term “assault” it’s likely you think of scenarios where one person is attempting to harm or physically injure another. What you might not know is that you can be also charged with a type of assault for groping or touching another person without their consent. Texas refers to this crime as indecent assault and a conviction can lead to serious life-altering penalties. In addition, the crime has been enhanced due to a new bill passing in September 2019. Now indecent assault is a class A misdemeanor upon conviction, which means the offender could face up to one year in jail. If you or someone you know has been accused of indecent assault, it’s crucial you obtain legal representation as soon as possible. An experienced criminal defense attorney can assess your case and develop a strong defense strategy to fight your charges. Indecent Assault Defense Lawyer in Austin, Texas Many make the mistake of underestimating how serious their charges are for indecent assault until it’s already too late. Don’t go into the courtroom unprepared with such serious penalties on the line. If you have been charged with indecent assault, then we urge you to consult The Law... --- > Did you know simply pretending to be someone online is a crime called online impersonation. Find out more from Texas attorney at [firm] in Travis County. - Published: 2020-07-20 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/theft-property-crimes/fraud-forgery/online-impersonation/ The internet is known for giving users the ability to make themselves anonymous. In some cases, it can be too tempting for internet users to pretend to be someone they are not, given how easy it is to set up social media accounts in any name. Imitating as another person online, even if it’s for harmless fun, is a crime in the state of Texas with very serious penalties. Online impersonation was made into a criminal offense in 2009 after a bill was passed that prohibited harassing another person by impersonating them online. Texas legislature expanded the definition of the crime even further to include impersonation on social networking sites as well as electronic messaging programs. The offense of online impersonation carries substantial penalties and could land you in jail for up to 12 months. For these reasons, we highly encourage you to gain legal counsel if you’ve been accused of online impersonation. Texas Online Impersonation Attorney in Travis County It’s likely you never intended to commit a crime when you impersonated another online and just wanted to have some harmless fun. Unfortunately, Texas law is not kind to those who falsely identify themselves online. You could be charged with... --- > Interfering with the public duties of an police officer can mean criminal charges. Find out what to do from defense lawyer at [firm] in Austin, Texas. - Published: 2020-07-20 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/arrests/interference-with-public-duties/ It’s clearly a crime to resist arrest or attempt to escape from a law enforcement officer. What you might not know is that simply interfering with law enforcement during the commission of their public duties is also a crime. In Texas, this offense is referred to as interference with public duties. A person can be charged with the crime if they interrupt, disrupt, impede or otherwise interfere with an officer performing their lawful duties. The offense does extend past law enforcement and can include fire fighters, animal control and other public servants. If you or someone you know has been arrested for interference with public duties, we urge you to gain legal counsel. Without a strong defense, you could face up to a class B misdemeanor. If convicted, you may be required to pay expensive fines or even worse spend time in jail. Don’t be idle when your freedom is on the line and get in contact with a criminal defense attorney today. Defense Lawyer for Interference with Public Duties in Austin, TX Taking your charges seriously from the start will give you time to formulate a strong defense plan for your case. If you or someone you know has... --- > Possessing or promoting child pornography is a felony in Texas. Learn the penalties from defense lawyer at [firm] in Austin, Texas. - Published: 2020-07-20 - Modified: 2024-07-19 - URL: https://www.kevinbennettlaw.com/sex-crimes/child-pornography/ There are very few crimes with a heavier stigma than possessing, producing or creating child pornography. Even simple allegations of possessing child pornography are enough to significantly ruin a person’s reputation and standing in their community. Many people who were regarded highly among their peers have faced severe social isolation and shame because they were accused of possessing, producing or creating child pornography. The penalties for child pornography charges are not to be taken lightly either. Possessing, transmitting or creating child pornography is a felony-level offense. That means if you’re convicted, you’ll likely receive a lengthy prison term as well as an expensive fine. You will also be burdened with the label of “sex offender” and be required to register with the local sheriff’s department at least once a year. For these reasons, we urge you to gain legal representation if you’ve been accused of possessing, transmitting or creating child pornography. Lawyer for Child Pornography in Austin, Texas Child pornography accusations could potentially disrupt your life, but a conviction has the potential to devastate your professional and personal goals. If convicted, you could be sentenced to years in prison as well as be obligated to pay expensive out-of-pocket fines. Having... --- --- ## Posts > Task Force Chair Kirsha Haverlah and County Attorney Delia Garza have been putting their resources into addressing the growing amount of Domestic Violence - Published: 2025-07-08 - Modified: 2025-07-08 - URL: https://www.kevinbennettlaw.com/blog/developments-in-austins-domestic-violence-task-force/ - Categories: Domestic Violence Task Force Chair Kirsha Haverlah and County Attorney Delia Garza have been putting their resources into addressing the growing amount of Domestic Violence cases within Austin and Travis county. To do this, they instituted a variety of reforms to the way the government and legal system can handle domestic violence cases. These reforms aimed to aid domestic violence victims through the process of seeking legal help, and prevent further instances of domestic abuse. Domestic Violence In Travis County During the COVID-19 pandemic, Travis County witnessed a dramatic surge in domestic violence incidents and requests for protective orders. According to the Domestic Violence Task Force, calls for protective orders hit record highs in 2020, pushing the backlog to approximately 250 pending applications, up from a typical 25 cases before the pandemic This represented a tenfold increase, severely taxing the county’s legal and support infrastructure and leaving many abuse survivors waiting weeks, or even months, for court protection. Compounding the crisis, court closures and reduced staffing delayed processing times, amplifying survivors’ vulnerability. Before reforms were implemented, it could take twice as long for a petition to be granted, leaving petitioners without legal safeguards against continued violence. With many trapped in unsafe living... --- > The cultural festival South by South-West is coming to a close. Almost every year since 1987, the largest music festival in the world has given Austinites - Published: 2025-03-17 - Modified: 2025-03-17 - URL: https://www.kevinbennettlaw.com/blog/sxsw-leaves-town/ - Categories: News The cultural festival South by South-West is coming to a close. Almost every year since 1987, the largest music festival in the world has given Austinites a week to remember. This year, the festival ran from March 7 – March 15 and featured over 1,000 bands, film, education and art. Over 300,000 people are estimated to have attended SXSW this year, from all over the U. S. and internationally. And while next year’s festival is planned to be much smaller, there will still be hundreds of thousands of attendees. However, while the festival is often the highlight of many people’s years, it is also the case that large festivals often result in dozens or hundreds of associated arrests for drug use and possession and Driving While under the Influence (DUI). Even though drug and alcohol use is often viewed as a cultural part of some festivals, law enforcement is often on high alert during large festivals, especially when guests are found to be disruptive, distributing substances, or try to drive home while still impaired. Some of the most common charges faced by festival-goers include the following: DWI / DUI / Drunk Driving Furnishing Alcohol to Minors Public Intoxication Possession of... --- > Misrepresentation of age often takes the form of using fake id's and lying about one's age to purchase alcohol or access adult-only venues. - Published: 2024-08-06 - Modified: 2024-08-06 - URL: https://www.kevinbennettlaw.com/blog/comparing-criminal-charges-misrepresentation-of-age-possession-of-a-fake-id-and-possession-of-a-fake-license/ - Categories: fraud crimes - Tags: crime, fake id, fraud, misrepresentation of age The prevalence of fake IDs and misrepresentation of age has become a significant issue across the United States. According to IDScan. net’s 2024 Fake ID Report, Texas ranks among the top 5 states at the forefront of catching fake IDs, highlighting a troubling trend that extends beyond just teenagers trying to get into bars. Misrepresentation of Age Definition and Context Misrepresentation of age typically occurs when an individual lies about their age to gain access to age-restricted privileges, such as purchasing alcohol, entering clubs, or accessing certain services. This offense is most common among minors attempting to access adult-only venues or services. According to Texas Statute §106. 07, an individual misrepresents his or her age when the following applies: The individual is a minor; Who falsely states that he or she is twenty-one (21) years or older, or presents a document implying that he or she is twenty-one or older; To an individual who serves or sells alcoholic beverages Legal Implications In Texas, misrepresenting one’s age is generally considered a misdemeanor. If a minor is caught lying about their age to obtain alcohol, they could face fines, community service, and mandatory alcohol awareness classes. The severity of the penalty often... --- > The Permitless Carry Bill (HB 1927) allows Texans to expunge unlawful carrying of a firearm charges or conviction. Learn more here. - Published: 2021-06-29 - Modified: 2021-06-30 - URL: https://www.kevinbennettlaw.com/blog/permitless-carry-bill/ - Categories: Criminal Defense, Expunction and Record Sealing - Tags: unlawful carry, weapon offenses Texas’s Permitless Carry Bill Allows Expungement of Unlawful Carry June 16th, 2021 was a momentous day for Texas gun rights advocates as Governor Greg Abbott finally signed House Bill 1927 into law. HB 1927, commonly referred to as the Permitless Carry Bill, eliminates the requirement for Texans to obtain a license to carry a handgun as long as they’re not prohibited under state or federal law. The seal of approval from Abbott is a huge win for conservatives who have sought after “constitutional carry” rights for years. The term "constitutional carry" refers to the legal carrying of a handgun openly or concealed without a license or permit. The phrase reflects the Second Amendment to the U. S. Constitution, which does not abide restrictions on gun rights and states all citizens have the right to bear arms. Currently, there are 21 states in the U. S. that allow permitless concealed carry and open carry. Another 15 U. S. states only allow permitless open carry, although there may be local restrictions depending on the area. Initially, both Gregory Abbott and other Republicans were noncommittal about the bill. They changed their tune and ceded when political pressure began to mount due to the... --- > Austin Criminal Attorney Kevin Bennett Explains What Happens After A DWI Arrest In Texas and the Punishments - Published: 2021-03-10 - Modified: 2022-04-06 - URL: https://www.kevinbennettlaw.com/blog/punishment-first-dwi-offense/ - Categories: DWI Drunk Driving - Tags: DWI Austin DWI Attorney Clarifies, What Is The Punishment For The First DWI In Texas? "My first advice to any person or any client is to NOT drive a vehicle after drinking," states Kevin Bennett, considered the best DWI attorney in Austin, Texas. "If you are not driving then you won't be arrested on a drunk driving charge. But the reality is that many people do get arrested for DWI and they are finding themselves sleeping on a concrete bed and using a stainless steel toilet with no lid in the morning. And when you add up all the costs involved they can total tens of thousands of dollars. A taxi or Uber ride would have been a lot cheaper," comments Mr. Bennett, founder of The Law Office of Kevin Bennett. DWI Punishments There are a number of possible punishments for a first time DWI offender in Austin. If there is a conviction the judge will evaluate the circumstances surrounding the arrest and the police officer's report and testimony. But the punishment begins with the following. License Suspension Jail Time Court Fines This First Time DWI Offender is facing Jail Time, Court Fines, and a License Suspension Assuming a first-time DWI... --- > Assault and domestic violence cases are on the rise since the COVID-19 pandemic started. Learn what to do from Austin attorney at [firm]. - Published: 2020-09-29 - Modified: 2021-02-17 - URL: https://www.kevinbennettlaw.com/blog/assault-increase-due-to-coronavirus/ - Categories: Domestic Violence - Tags: assault, COVID-19, domestic violence Law Enforcement See Rise in Assault & Domestic Violence Cases Due to COVID-19 Restrictions Currently, America and the rest of the world is undergoing a public health crisis like no other. COVID-19 cases are on the rise and unfortunately the death toll isn’t far behind. The pandemic caused many states including parts of Texas to go under lockdown. Within the first few weeks of lockdown, domestic violence hotlines and centers were flooded throughout the country. Victims of domestic violence were calling left and right trying to find ways to distance themselves from their abusers under “social distancing” mandates. Now, lockdowns across the country including in Travis County have eased their restrictions. Unfortunately, law enforcement is still receiving a high number of complaints regarding assault or domestic violence despite lockdown restrictions lifting slowly over the last 4 months. Although many of these reports are genuine, that doesn’t mean some assault or domestic violence complaints are filed maliciously as a way to get back at someone. Often when a person files a false assault or domestic violence complaint it’s so they could ruin the accused’s reputation for some sort of benefit. These false allegations could drastically impact a person’s life if they’re... --- > Texas Governor Declares Public Health Disaster for the First Time in More Than 100 Years For the first time since 1901, the governor of Texas has issued a - Published: 2020-03-20 - Modified: 2024-08-28 - URL: https://www.kevinbennettlaw.com/blog/texas-governor-declares-public-health-disaster-for-the-first-time-in-100-years/ - Categories: Uncategorized - Tags: coroanvirus, COVID-19, public health disaster, Texas Texas Governor Declares Public Health Disaster for the First Time in More Than 100 Years For the first time since 1901, the governor of Texas has issued a public health disaster for the entire state. Gov. Greg Abbott made the declaration on Thursday. It goes in effect today, March 20, and will end at midnight on April 3. The executive order was issued in order to battle COVID-19 – also known as coronavirus – infection rates. To help slow the spread of the virus, Abbott has limited social gatherings to 10 people, Customers are prohibited from eating and drinking at restaurants and bars however, they are allowed to deliver food and alcohol. Gyms and schools are closed while visitors are banned from visiting nursing homes unless it’s for critical care. The executive order does not stop people from visiting grocery stores, gas stations, parks and banks. “All critical infrastructure will remain operational, domestic travel will remain unrestricted, and government entities and businesses will continue to provide essential services,” the executive order reads. The order encourages employees to work from home if possible, in order to “achieve optimum isolation from COVID-19. ” Numerous Texas cities like Houston, Dallas and Austin already... --- > Travis County may finally be able to set up a public defender's office now that they have hired a Virigina law professor as their new chief to lead them. - Published: 2020-02-13 - Modified: 2021-02-17 - URL: https://www.kevinbennettlaw.com/blog/travis-county-public-defender/ - Categories: Austin Criminal Defense, Criminal Defense - Tags: criminal defense, media, public defender Travis County New Public Defender Office Hires Virginia Law Professor as Lead For years, Travis County has been one of the largest counties in the country without a public defender’s office. Instead offenders who couldn’t afford legal representation had to resort to the Capital Area Private Defender Service (CAPDS), which is a non-profit joint venture corporation with several other legal associations that is dedicated to giving defenses to those who can’t receive them. Although this effort has worked for years, legal professionals have been expressing concerns about the quality of representation for low-income defendants. Travis County Judge Sara Eckhardt was the first to raise the issue in 2018 when she expressed concerns about the defense system for indigent defendants in the county. To combat this, she worked with the Commissioners Court to create a 14-person team tasked with finding various ways to improve the quality of representation low-income defendants were receiving. That May, the county’s criminal court judges approved of a proposal for a $27 million state grant to start up a public defender’s office in Travis County. The grant will be funded from the Texas Indigent Defense Commission through April 2024. The county plans to assume full funding of... --- > Recently, a new bill passed into a law in Texas regarding sending unsolicited partially or totally nude photos, otherwise known as "nudes." - Published: 2019-09-30 - Modified: 2019-09-30 - URL: https://www.kevinbennettlaw.com/blog/new-unsolicited-nudes-law/ - Categories: Criminal Defense - Tags: legislation, news, sex crimes New Law in Texas Makes it Illegal to Send Unsolicited Nudes This September in 2019, hundreds of new Texas laws went into effect. One of these is the new controversial “nudes” law which stemmed from House Bill 2789 presented by House Representative Morgan Meyer. Essentially, the new law establishes that sending unsolicited photos of yourself nude or partially nude is now a crime. The law has put Texas as one of the first states to take a stand against sending unwanted sexually explicit images over the internet. Morgan Meyer, the author of the legislation, states that he wanted to prevent another form of sexual harassment that continually went unchecked. He claims the law closes a gap in public indecency state law and basically is an indecent exposure charge online. The idea was brought to Morgan Meyer by representatives from the company Bumble, which is a mobile dating app with headquarters located in Austin, Texas. Bumble CEO Whitney Wolfe Herd even testified in court on behalf of the legislation. Meyer stated his thoughts on the bill shortly after it passed claiming “Quite frankly, the thought of someone doing that to one of my children scared me... There had to be some... --- > Drivers are required to do certain things after a car accident, including to stop and render aid if necessary. Learn what happens if you fail to stop in TX. - Published: 2019-09-30 - Modified: 2021-07-06 - URL: https://www.kevinbennettlaw.com/blog/hit-and-run-blog/ - Categories: Criminal Defense - Tags: hit and run, traffic offenses What Drivers Must Do After a Crash to Avoid Hit and Run Charges You’re driving along and suddenly you feel an impact. It’s clear you’ve just been involved in a motor vehicle crash and the results are devastating. You might not have insurance, so you fear the serious civil actions you might face. Maybe you or the other driver were seriously injured and you’re too overwhelmed to give aid. The worst possible scenario is that the other driver has died or sustained fatal injuries because of the crash, and you fear the repercussions. All these fears are valid and can really affect a rational mind. Not to mention, a car crash is an incredibly paralyzing event. The force of the crash could have even caused you to hit your head or go into survival mode. You might not be thinking clearly and make the choice to leave as an instinct. No matter the circumstances of the hit and run, the penalties for the crime have serious life-altering effects. What Are the Driver’s Responsibilities After an Accident? You might be unaware, but Texas law states drivers have a certain procedure they must follow if they’ve been involved in a crash. The... --- > Texas, unfortunately, has garnered an infamous reputation for harsh driving while intoxicated (DWI) laws. However, a newly passed bill known as HB 3582 might ease some of the issues DWI offenders face post-conviction. The state of Texas now allows first-time DWI offenders to obtain deferred adjudication if they’re eligible. - Published: 2019-09-30 - Modified: 2021-07-06 - URL: https://www.kevinbennettlaw.com/blog/new-dwi-law-gives-first-time-offenders-a-chance-to-seal-their-records/ - Categories: DWI Drunk Driving - Tags: DWI, legislation, news New DWI Law Gives First-Time Offenders a Chance to Seal Their Records Texas, unfortunately, has garnered an infamous reputation for harsh driving while intoxicated (DWI) laws. However, a newly passed bill known as HB 3582 might ease some of the issues DWI offenders face post-conviction. The state of Texas now allows first-time DWI offenders to obtain deferred adjudication if they’re eligible. Deferred adjudication is an alternative type of community supervision where the judge withholds the defendant’s guilt. There will be no final conviction on the defendant’s record, and they’ll be court ordered to complete the terms and conditions of the program. Successful completion of the program will result in the judge dismissing your charges. Deferred adjudication differs from probation because it doesn’t require the defendant to plead and if completed there is no conviction on that person’s record. The state of Texas allowed DWI offenders to apply for deferred adjudication until 1984. Once it was disallowed, the courts faced some serious unintended consequences. Prosecutors as a result lost their ability to be flexible with pleading, which led to a massive backlog of cases. This is evident in Texas statistics. For example, it was recorded that in Lubbock County 76 percent... --- > New bills introduced to Texas Capitol Hill may expand medical mariuana laws in 2019. Learn more from [firm] located in Travis County, Texas. - Published: 2019-04-19 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/texas-bill-for-higher-concentration-cannabis/ - Categories: Marijuana Laws - Tags: legislation, marijuana Texas May Expand Medical Marijuana There are currently several bills in the Texas House of Representatives that are seeking to expand Texas’ Compassionate Use Act (CUA) which allows for people with intractable epilepsy to be prescribed medical marijuana. There are also two Texas Senate bills seeking to expand the CUA but they differ in their approach and in how much they actually expand the CUA. S. B. 400 is the less sweeping of the two bills. The provisions of that bill are very narrow and it is only set to change two main things. First, S. B. 400 expands the qualifying conditions under the CUA. Qualifying debilitating conditions would include other forms of epilepsy besides intractable epilepsy, cancer, glaucoma, acquired immune deficiency syndrome, ALS, Crohn’s disease, Parkinson’s disease, Huntington’s disease, or multiple sclerosis. The senate bill would also allow for higher tetrahydrocannabinol (THC) concentration cannabis products to be prescribed. Currently the CUA only allows for “Low-THC cannabis” which means a 0. 5 percent or less concentration of THC in the product. For comparison’s sake, high THC strains of marijuana can have between 20 and 35 percent THC concentration. While patients who have a qualifying debilitating condition will have access to... --- > You can erase your charges completely if you petition for expunction. Defense attorney at [firm] explains how to expunge a felony in Travis County, Texas. - Published: 2017-11-10 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/expunging-felony-texas/ - Categories: Expunction and Record Sealing Expunging Felony Charges in Texas It is not uncommon for employers to ask applicants whether they have any felony convictions on employment applications. Criminal background checks are incredibly common among employers across the nation, and an individual or company is justified in not hiring people who have previously committed crimes that could impact their business or criminal histories that could pose possible liability risks. While criminal background checks serve legitimate purposes for employers, they can also prevent many everyday people from getting second chances. According to the National Employment Law Project, 65 million American adults have criminal records. An expunction (also referred to as expungement) allows certain individuals to permanently remove information about arrests, criminal charges, or convictions from their permanent records. When a person has his or her criminal record expunged, all records relating to the arrest are actually physically destroyed. Austin Expunction Lawyer Under Texas Code of Criminal Procedure § 55. 01, a person who was placed under a custodial or noncustodial arrest for a felony is entitled to have all records and files relating to the arrest expunged if he or she was: Arrested for a crime but was never charged; Charged with a criminal offense that... --- > Should I Get a Public Defender or a Court-Appointed Attorney? The Sixth Amendment to the United States Constitution establishes that: In all criminal - Published: 2017-11-09 - Modified: 2017-11-09 - URL: https://www.kevinbennettlaw.com/blog/get-public-defender-court-appointed-attorney/ - Categories: Criminal Defense Should I Get a Public Defender or a Court-Appointed Attorney? The Sixth Amendment to the United States Constitution establishes that: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. While the right to legal counsel is guaranteed, the manner of paying for such representation is not. As a result, some alleged offenders facing criminal charges who are unable to afford private lawyers must seek court-appointed public defenders. Public defenders are usually full-time county employees, some of whom have experience with a wide variety of criminal cases while others may handle only specific kinds of misdemeanor or felony offenses. Additionally, some public defenders have close working relationships with many prosecutors, leaving open the possibility of plea agreements in certain cases. Public defenders, however, often have to handle very large... --- > Probation and DWI Charges For many people who are arrested for driving while intoxicated (DWI) for the first time, the dominant concern about appearing in - Published: 2017-11-08 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/can-i-get-probation-for-a-dwi/ - Categories: DWI Drunk Driving Probation and DWI Charges For many people who are arrested for driving while intoxicated (DWI) for the first time, the dominant concern about appearing in court is the threat of being sentenced to jail time. Texas Code of Criminal Procedure § 42A. 052 establishes that when an alleged offender is convicted or enters a plea of guilty or nolo contendere, the judge may suspend the imposition of the sentence and place the defendant on community supervision (more commonly known as probation) or impose a fine applicable to the offense and place the defendant on community supervision. Probation is a much preferable alternative for alleged offenders who do not want to sacrifice any time away from work or family. Certain rules, however, apply to probation for DWI offenses. For example, people charged with drunk driving are not eligible for deferred adjudication. When a person is placed on community supervision, he or she will also need to comply with all restrictions and requirements imposed by the court for the full life of the probationary period. Under Texas Code of Criminal Procedure § 42A. 701, provisions allowing for the reduction or termination of a community supervision period do not apply to people convicted... --- > Law enforcement sometimes conduct "no refusal weekends" to secure more DWI arrests. Defense attorney at [firm] explains no refusal weekends in Austin, TX. - Published: 2017-11-07 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/no-refusal-weekends/ - Categories: DWI Drunk Driving What Is a No Refusal Weekend? During certain holidays or major events, many law enforcement agencies will advertise so-called "No Refusal Weekends," drunk driving prevention efforts in which motorists are told that they cannot refuse chemical testing requests. Police officers may be authorized to conduct forced blood draws during these weekends when alleged offenders do refuse to submit to a blood, breath, or urine test. Despite their name, people still have the right to refuse requests for chemical tests when suspected of driving while intoxicated (DWI)—even during "No Refusal Weekends. " Refusal to submit will still result in a person's driver’s license being automatically suspended, and any failure to comply with a legally authorized blood draw could result in additional criminal charges. The United States Supreme Court ruled in Missouri v. McNeely, 569 U. S. 141 (2013) that “the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant. ” Some people comply with law enforcement requests for chemical testing and are then arrested when they register blood alcohol concentrations (BACs) of 0. 08 or greater. Police errors in the administration of these tests or... --- > Most people associate DWI charges with alcohol, but a new study shows drug related DWIs are on the rise in Travis County, Texas. Call [phone] to learn more. - Published: 2017-11-06 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/increase-in-drugged-dwi/ - Categories: Drug Crimes, DWI Drunk Driving Drug DWIs Are On the Rise in Texas In April 2017, the Governors Highway Safety Association (GHSA) and the Foundation for Advancing Alcohol Responsibility (Responsibility. org) released a comprehensive update of their 2015 report about drug use on our nation’s roadways, "Drug Impaired Driving: A Guide for States. " The report highlighted the first time that the number for drivers killed in crashes due to driving under the influence of a controlled substance was higher than the number of people killed for driving under the influence of alcohol. According to the report, 43 percent of drivers tested in fatal crashes in 2015 had used a legal or illegal drug, while 37 percent tested above the legal limit for alcohol. “As drunk driving has declined, drugged driving has increased dramatically and many of today’s impaired drivers are combining two or more substances, which has a multiplicative effect on driver impairment,” said Responsibility. org President and CEO Ralph. S. Blackman in a GHSA press release. A person commits the crime of driving while intoxicated (DWI) in Texas if he or she is intoxicated while operating a motor vehicle in a public place. Texas Penal Code § 49. 01(2) defines intoxicated as meaning... --- > Defense attorney at [firm] explains what Texas considers to be a controlled substance. Offices located in Austin, Texas. Call [phone] for more information. - Published: 2017-11-03 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/what-is-a-controlled-substance/ - Categories: Drug Crimes Texas's Definition of Controlled Substance Any illicit drug or prescription medication for which its manufacture, possession, or use is regulated by the state or federal government is referred to as a controlled substance. Both the Federal Controlled Substances Act (CSA) and the Texas Controlled Substances Act classify controlled substances into different "schedules" or groups. The Texas Controlled Substances Act defines a controlled substance as "a substance, including a drug, an adulterant, and a diluent listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. " The CSA defines a controlled substance as "a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986. " Criminal offenses involving controlled substances can carry a wide range of penalties, with some crimes being classified as misdemeanors and others being felony offenses. Many alleged crimes result in state charges, but... --- > How Serious Is a Possession of Marijuana Charge? In November 2012, KUT-FM reported that an open records request showed that more than a quarter of the - Published: 2017-11-02 - Modified: 2017-11-02 - URL: https://www.kevinbennettlaw.com/blog/serious-possession-marijuana-charge/ - Categories: Marijuana Laws How Serious Is a Possession of Marijuana Charge? In November 2012, KUT-FM reported that an open records request showed that more than a quarter of the 18,000 people busted by the Austin Police Department (APD) for marijuana possession since 2009 were given notices to appear (commonly referred to as "marijuana tickets") instead of being placed under arrest. Thanks in large part to the enactment of House Bill 2391 in 2007, Texas Code of Criminal Procedure § 14. 06 was amended such that peace officers could issue citations instead of arresting people charged with any Class A or Class B misdemeanors who resided in the counties where the offenses occurred. Marijuana possession offenses involving four (4) ounces or less of marijuana are charged as misdemeanors, so it is not surprising that many of the people who were beneficiaries of the 2007 bill were individuals charged with possessing cannabis. While being issued a notice to appear is certainly preferable to being arrested, a person should not assume that a notice to appear is necessarily less serious than the formal arrest. While it has the appearance of a basic traffic ticket, a notice to appear is still a requirement for an alleged offender... --- > If you've been arrested for a second DWI, you may be in trouble. Defense attorney at [firm] explains the penalties for a second DWI in Travis County, Texas. - Published: 2017-11-01 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/happens-second-dwi/ - Categories: DWI Drunk Driving Second DWI Charges in Texas Many people who have been arrested for their first driving while intoxicated (DWI) offense in Texas hope that their lack of a prior criminal record will be a mitigating factor that convinces prosecutors to reduce the criminal charge. A person is not afforded this luxury when he or she is arrested for drunk driving after having been previously convicted of DWI. Unlike many other jurisdictions in the United States, Texas has no “lookback period”—the predetermined length of time for which older drunk driving arrests may be used against defendants in criminal cases. In other words, a second DWI arrest in Texas may result in more serious criminal charges even if the previous arrest was several years or even decades before the subsequent charge. Second DWI convictions not only carry the possibility of larger fines and longer jail sentences, but they also involve longer driver's license suspensions. Additionally, courts can require people convicted of two or more DWI offenses in five years to install ignition interlock devices (IID) in all vehicles they drive. Austin Second DWI Defense Attorney In most cases, a first DWI is a Class B misdemeanor offense punishable by up to 180 days... --- > You may be able to reduce or dismiss your DWI charges with quality legal representation. [firm] explains how to reduce your DWI in Travis County, Texas. - Published: 2017-10-31 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/getting-dwi-reduced/ - Categories: DWI Drunk Driving Reducing DWI Charges in Texas The term "wet reckless" typically refers to a reckless driving offense that was originally charged as a driving while intoxicated (DWI) arrest. Wet reckless charges are often the result of plea bargaining between a prosecutor and a criminal defense attorney. While guilty pleas are more common in cases that have stronger evidence that will prove an alleged offender's guilt beyond a reasonable doubt, wet reckless agreements can be reached in cases where the evidence may be lacking. For example, a person may be able to get his or her DWI charges reduced to reckless driving if he or she had a low blood alcohol concentration (BAC), there were no visible signs of impairment on an officer’s dashcam video of the arrest, or the alleged offender has no prior criminal record. Convictions for reckless driving carry penalties that are much less serious than drunk driving convictions. In addition to lower fines and less possible jail time, alleged offenders may also be able to avoid having their driver's licenses suspended. Austin DWI Defense Lawyer In most cases, a first DWI arrest is a Class B misdemeanor punishable by up to 180 days in jail and a fine... --- > Do I Have to Take a Breath Test in TX? Criminal defense lawyer at [firm] answers this question and explains implied consent laws in Travis County, Texas. - Published: 2017-10-30 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/take-breath-test/ - Categories: Uncategorized Am I Required to Take A Breath Test? Texas Transportation Code § 3501(a) establishes that a person arrested for an alleged driving while intoxicated (DWI) offense is deemed to have consented to submit to the taking of one or more specimens of his or her breath or blood for analysis to determine the alcohol concentration (commonly referred to as a blood alcohol concentration or BAC) or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance. A person arrested for an offense described by Texas Transportation Code § 3501(a) can also consent to submit to the taking of any other type of specimen to determine his or her BAC. While implied consent laws are intended to compel people to submit to chemical tests simply by be being licensed to drive in Texas, the truth is that alleged offenders still retain the right to refuse to submit to testing in certain cases. For example, law enforcement reserves the right to forcibly obtain blood samples when a person suspected of DWI offense that results in a motor vehicle accident causing injuries to or there was a child passenger in the vehicle at the time of the... --- > Collateral Consequences of a Criminal Conviction For many people, fears about being convicted for criminal offense are often based on the possible fines - Published: 2017-10-30 - Modified: 2017-10-30 - URL: https://www.kevinbennettlaw.com/blog/collateral-consequences-criminal-conviction/ - Categories: Austin Criminal Defense Collateral Consequences of a Criminal Conviction For many people, fears about being convicted for criminal offense are often based on the possible fines and prison sentences that may be imposed. In truth, criminal convictions carry many other long-term consequences that make other case resolutions far more preferable. The collateral consequences of convictions depend on the specific crime that an individual was convicted of. A person’s professional career may be jeopardized; he or she could lose some fundamental rights, and even have trouble getting a job in the future. When any individual is facing criminal charges in Texas, it is very important for that person to fully understand all of the ways in which is his or her life could be impacted by pleading guilty or if he or she is convicted of the alleged criminal offense. The National Inventory of Collateral Consequences of Conviction (NICCC) is supported by a grant from the Bureau of Justice Assistance, Office of Justice Programs, and the United States Department of Justice. The Court Security Improvement Act of 2007 (Pub. L. 110-177 § 510, 121 Stat. 2534, 2544) directed the National Institute of Justice to collect and analyze the collateral consequences for each jurisdiction in... --- > Prescription drug fraud cases increasing according to the FBI. Learn more about how & why prescription drug charges are on the rise in Travis County, Texas. - Published: 2017-10-30 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/increase-in-prescription-drug-fraud-cases/ - Categories: Uncategorized Prescription Drug Fraud On the Rise On July 13, 2017, federal officials announced that they were filing charges against more than 400 individuals for their roles in multiple fraud schemes involving about $1. 3 billion in false Medicare billings. According to the FBI, the coordinated nationwide sweep by more than 1,000 law enforcement personnel—operating as part of the Medicare Fraud Strike Force—was the largest action to date. The Medicare Fraud Strike Force Team analyzes data and helps prosecute alleged offenders for health care fraud schemes, including prescription drug fraud cases. One of the examples officials used to illustrate the types of the crimes committed by the 412 charged defendants across 41 federal districts included a Houston physician and pain management clinic owner who saw 60 to 70 clients a day and allegedly issued medically unnecessary prescriptions for hydrocodone in exchange for $300 cash per visit. “It’s obvious to anyone who picks up a newspaper or turns on the news that the nation is in the midst of a crisis,” FBI Acting Director Andrew McCabe said at a July 13 press conference at the U. S. Department of Justice. “Opioid abuse destroys lives and it devastates families. This week, we arrested... --- > First-Time DWI Offenders Get Second-Chance New Texas Bill, House Bill 3016, was recently signed into law by Texas Governor Greg Abbot, allowing - Published: 2017-07-17 - Modified: 2017-07-17 - URL: https://www.kevinbennettlaw.com/blog/expunging-dwi-convictions-austin-texas/ - Categories: Austin Criminal Defense, Criminal Defense, DWI Drunk Driving, Expunction and Record Sealing - Tags: criminal defense, DWI, expunction, Record Sealing First-Time DWI Offenders Get Second-Chance New Texas Bill, House Bill 3016, was recently signed into law by Texas Governor Greg Abbot, allowing individuals with certain nonviolent criminal convictions to have those convictions sealed from their records. The new "second chance" law, as it is being called, is a drastic step forward for Texas citizens, especially because it allows qualifying DWI misdemeanor convictions to be sealed through an order of non-disclosure. Expunction is commonly called "non-disclosure. " This new law starts September 1, 2017. Orders of Non-Disclosure for DWI Cases It is important to note, however, that only DWI convictions obtained under certain circumstances may be expunged. To successfully apply for non-disclosure of a DWI conviction, the following must be true: the individual was a first-time DWI offender; the individual must have had a blood alcohol content (BAC) of 0. 14 or less; the individual must not have been involved in an accident as a result of operating a motor vehicle under the influence; the individual must have successfully completed any sentence handed down by the court, including any DWI program, probation, or jail sentence; and the individual must have paid all court costs and fees. the waiting period has elapsed:... --- > Austin, TX Criminal Defense Attorney Kevin Bennett has been elected as Texas Bar Foundation Fellow for his commitment to the justice system throughout TX. - Published: 2017-03-07 - Modified: 2017-03-07 - URL: https://www.kevinbennettlaw.com/blog/kevin-bennett-elected-fellow-of-texas-bar-foundation/ - Categories: Austin Criminal Defense - Tags: Austin Criminal Defense Kevin Bennett Elected Fellow of Texas Bar Foundation Austin Criminal Defense Lawyer Kevin Bennett has been elected to membership in the Fellows of the Texas Bar Foundation. Fellows of the Foundation are selected for their professional achievements and have demonstrated a commitment to the justice system throughout the State of Texas. Kevin is an experienced criminal defense attorney who represents those accused of felony and misdemeanor crimes in Austin, Texas and throughout Travis County. His practice primarily focuses on driving while intoxicated (DWI), assault, and drug possession crimes. An election is a mark of distinction and recognition of Mr. Bennett’s contributions to the legal profession. Selection as a Fellow of the Texas Bar Foundation is restricted to members of the State Bar of Texas. Each year, only one-third of 1 percent of State Bar members are invited to become Fellows. Once nominees are selected, they must be approved by the Texas Bar Foundation Board of Trustees. Founded in 1965 by lawyers determined to assist the public and improve the profession of law, the Texas Bar Foundation has maintained its mission of using the financial contributions of its membership to build a strong justice system for all Texans. The group focuses... --- > When someone gets accused of theft, they can be arrested and/or issued a citation, Contact Kevin Bennett, Austin's Criminal Defense Attorney. - Published: 2017-01-26 - Modified: 2023-07-17 - URL: https://www.kevinbennettlaw.com/blog/citations-release-for-theft/ - Categories: Theft Crimes - Tags: arrest, theft Citations / Arrest / Release for Theft When someone gets accused of theft, they are arrested or issued a ticket, sometimes both. Texas Penal Code 31. 03 says that a person commits theft when they unlawfully take the property of another with the intent to deprive the owner of that property. That person must also have had no intent of giving the property back to its rightful owner. The most common ways people commit the offense of theft in Texas are by shoplifting, writing bad checks, general theft, and buying and accepting stolen property. Shoplifting occurs when one takes items out of a store with the intention to deprive the store of that item without paying for it. When someone writes a bad check, typically they know that the money is not really available or it is not their money to write the check for. General theft occurs when someone is taking an item that doesn’t belong to them without permission. When someone knows that a person selling a stolen good or property, and they still proceed with the sale, they have committed theft. Penalties: The punishment for an individual varies depending on the value of the property or services... --- > If you have been arrested or charged with synthetic marijuana or K2 in Austin, TX contact criminal defense lawyer Kevin Bennett to discuss your criminal drug charge. - Published: 2016-12-21 - Modified: 2016-12-21 - URL: https://www.kevinbennettlaw.com/blog/laws-regarding-synthetic-marijuana-in-texas/ - Categories: Uncategorized What are the Laws Regarding Synthetic Marijuana in Texas? In recent years there have been many forms of synthetic marijuana created and marketed as “herbal incense” or “herbal smoking blends. ” These compounds are considered designer drugs, and were created to have the same psychoactive effects as marijuana while still being legal. Synthetic marijuana has since been made illegal by both Texas and federal law, and the consequences associated with the possession of synthetic marijuana products are similar to those that can result from the possession of traditional marijuana. While some people may believe that the penalties that can be imposed in a synthetic marijuana case are relatively minor, in reality they can involve significant fines, probation, and even jail time. As a result, it is extremely important for anyone who has been accused of possessing synthetic marijuana to discuss their case with an experienced criminal defense attorney immediately. Penalties Associated with Synthetic Marijuana Products In 2011, Texas Senate Bill 331 went into effect, which added synthetic marijuana products to the Texas Controlled Substances Act. This led to many sellers of synthetic marijuana to avoid prosecution by slightly altering the chemical compounds in the makeup of K2. However, on Sept... --- > In this article, Attorney Kevin Bennett addresses the constant increase of the use of controlled substances by college students. - Published: 2016-11-29 - Modified: 2016-11-29 - URL: https://www.kevinbennettlaw.com/blog/continual-increase-in-controlled-substance-use-by-college-students/ - Categories: Criminal Defense, Drug Crimes - Tags: con Continual Increase in Controlled substance use by College Students For over a decade marijuana use has increased continually among college students. In 2015, 38% of college students said that they used marijuana in the last 12 months. This is up 30 percent from 2006. Studies show that young people age 18-24 have a heightened risk of drug abuse. Your parents probably warned you about peer pressure and saying no to drugs and you typically people like to think that one is more likely to pick up a bad habit when they are in middle and high school than when they are of the legal age of 18. Studies show as people age, that it can be just as hard, if not harder for one to resist the use of controlled substances if people around them are doing them. Students enrolled in a full-time college are two times more likely than those who don’t attend college to abuse drugs. In college, it is not ordinary for students to start drinking heavy and using controlled substances to cope with the stresses they face which are typically unlike anything they have ever felt before in their lives. Drinking can also make it easier... --- > Felony and Misdemeanor Drug Charges Attorney in Travis County Discuss penalties associated with possessing illegal drugs that lead to serious consequences. - Published: 2016-11-23 - Modified: 2022-04-22 - URL: https://www.kevinbennettlaw.com/blog/felony-and-misdemeanor-drug-charges/ - Categories: Drug Crimes - Tags: drug charge, drug paraphernalia, drug possession, Felony, marijuana possession, Misdemeanor Felony and Misdemeanor Drug Charges If you are found possessing illegal drugs you can face very serious criminal charges. The severity of the charge depends on the drug possessed, the quantity of the drugs possessed, the presence of aggravating factors, and the defendant’s past criminal history. If you are charged with a drug crime in Austin or the surrounding areas in Travis County, Texas, then contact Kevin Bennett to discuss your case. He fights cases involving the possession, possession with intent to distribute, sale, distribution, or trafficking of controlled substances. The Texas Health and Safety Code divides drugs into 5 penalty groups. Penalty Group Drug 1 Cocaine, Heroin, Methamphetamine, GHB, ketamine, oxycodone, and hydrocodone. 1A LSD 2 Ecstasy (MMDA/Molly), PCP, mescaline, (resinous extractives of Cannabis, not Marijuana) 3 Valium, Xanax, Ritalin 4 Dionine, Motofen, Buprenorphine or Pyrovalerone In the chart below you will find the penalties and charges for specific penalty groups based on the amount of the substance possessed for each penalty group. Penalty Group 1 AMOUNT CLASSIFICATION PENALTY Less than one gram State jail felony 180 days to 2 years in a state jail and/or a fine of not more than $10,000 1 gram or more, less than... --- > In this article, Criminal defense lawyer,Kevin Bennett explains new criminal laws in Austin TX. These changes effect theft crimes,and many others. - Published: 2016-11-18 - Modified: 2022-04-22 - URL: https://www.kevinbennettlaw.com/blog/new-criminal-laws-texas/ - Categories: Austin Criminal Defense, Criminal Defense, fraud crimes, Theft Crimes - Tags: criminal defense, criminal mischief, theft New Criminal Laws in Texas in 2015 As of Sept 1 2015, the State Legislature in Austin, TX, changed the penalties for several of the most common criminal offenses prosecuted in Texas. Many of these new law changes impacted the threshold levels that determine the classification of the offense and the penalties associated with that offense. If you were charged with a crime impacted by these recent legislative changes, including the crimes of theft, criminal mischief, counterfeit trademarking, insurance fraud, or Medicaid Fraud, then contact an experienced criminal defense attorney. Kevin Bennet is an experienced attorney for theft crimes in Austin, Texas, and the surrounding areas in Travis County, TX. He also represents college students at the University of Texas at Austin after an arrest for a crime committed on campus or off campus. Theft The offense of theft occurs when someone takes the property of another, with the intention to deprive the owner of that property, without permission. Changes in theft laws are listed below: Criminal Charge Previous Monetary Amount Monetary Amount for New Laws Now Effective Misdemeanor C $50 and under $100 and under Misdemeanor B $50-$500 $100-$750 Misdemeanor A $500-$1,500 $750-$2,500 State Jail Felony $1,500-$20,000 $2,500-30,000 Third... --- > Effective January 1, 2016 , New Concealed Handgun Laws Take Effect in Texas. New laws for the open carrying of guns were passed per House Bill 910. The new - Published: 2016-11-04 - Modified: 2018-06-28 - URL: https://www.kevinbennettlaw.com/blog/texas-concealed-handgun-new-laws-take-effect/ - Categories: Austin Criminal Defense, Criminal Defense - Tags: arrest, Austin Criminal Defense, handgun, possession, prohibited Texas Concealed Handgun New Laws Take Effect Effective January 1, 2016 new laws for the open carrying of handguns were passed in House bill 910. The new law authorizes individuals to obtain a license to openly carry a handgun in the same places that allow the licensed carrying of a concealed handgun with some exceptions. Unconcealed handguns must be carried in a shoulder or a holster. People who are already licensed will not have to get an additional license and may continue to open carry. No additional training is required. House Bill 910 also creates a new Class A misdemeanor offense of trespass by a license holder with an openly carried handgun for a handgun license holder who openly carries a handgun on the property of another without effective consent. The new firearm crime applies if the defendant received notice that entry on the property by a license holder openly carrying a handgun was forbidden or that remaining on the property while openly carrying a handgun was forbidden and failed to depart. Although it will not be a criminal offense to open carry in a lot of places some institutions will still not allow handguns on the premises. The law... --- > Do Not Plead Guilty to Family Violence Charges in Travis County, Texas Many individuals accused of family violence in Travis County and throughout Texas - Published: 2016-07-25 - Modified: 2023-07-17 - URL: https://www.kevinbennettlaw.com/blog/do-not-plead-guilty-to-family-violence-charges-in-travis-county-texas/ - Categories: Criminal Defense, Domestic Violence - Tags: criminal defense, dating violence, domestic violence, family violence Do Not Plead Guilty to Family Violence Charges in Travis County, Texas Many individuals accused of family violence in Travis County and throughout Texas believe they are trapped and must plead guilty to domestic violence charges to make the whole thing go away. This is not always the case. In Travis County nearly 65% of cases of family violence cases were reduced or dismissed, and less than 2% of these cases went to trial in the past 10 years. In the State of Texas, a family violence conviction comes with life-altering consequences that could affect multiple facets of a person's life, including their child custody rights, ability to acquire a job, and constitutional right to gun ownership. If you have been accused of misdemeanor family violence, felony family violence, domestic violence, spousal abuse, or any related offense against a family member family member in Texas, it is important that you secure an experienced criminal defense attorney as soon as possible. Attorney Kevin Bennett has successfully represented clients faced with family violence charges throughout Travis County, including Austin, Pflugerville, Lago Vista, or a surrounding city in Texas. Call the Law Office of Kevin Bennet today at (512) 476-4626 to receive your... --- > If you have been charged with possession of synthetic marijuana anywhere in Travis County, Texas, it is important to consult an experienced K2 possession attorney immediately. - Published: 2016-05-19 - Modified: 2016-05-19 - URL: https://www.kevinbennettlaw.com/blog/possession-of-synthetic-marijuana-is-still-a-crime/ - Categories: Austin Criminal Defense, Criminal Defense, Drug Crimes, Marijuana Laws - Tags: k2, possession of k2, possession of synthetic marijuana, synthetic marijuana What is Synthetic Marijuana/K2? Most people have heard about synthetic marijuana, K2 also known as spice, legal weed and herbal incense. Yet, most people are unaware of the danger and high risk of this drug. K2 is detrimentally affecting millions of people throughout Texas and the United States. Although K2 is referred to as synthetic marijuana, it is completely different from natural marijuana. K2 is coated with synthetic cannabinoids, which are a family of over 700 research chemicals. Analysis on the drug has shown that rather than being a simple mixture of harmless herbs, such as canavalia, the product has been altered and sprayed with synthetic cannabinoids. Despite the presence of altered material, the label on the product misleads consumers by stating the product is made from “All Natural” ingredients. Importantly, some synthetic cannabinoids are 100 times stronger than THC and affect brain receptors differently than natural marijuana. The ingredients and concentrations used in this street drug vary widely, and can be different from marijuana in its effects. Synthetic marijuana is widely popular among teenagers and twenty-somethings due to the misconception that possession and consumption of K2 is legal. Possession of 2 grams of synthetic marijuana is a Class B... --- > You Will Pay to Party: Criminal Consequences of Ecstasy Possession What is MDMA/Ecstasy/Molly? MDMA, also known as ecstasy or molly, is an illegal - Published: 2016-04-14 - Modified: 2016-04-14 - URL: https://www.kevinbennettlaw.com/blog/you-will-pay-to-party-criminal-consequences-of-ecstasy-possession/ - Categories: Austin Criminal Defense, Criminal Defense, Drug Crimes - Tags: Austin Criminal Defense, club drugs, drug possession, ecstacy, mdma, molly You Will Pay to Party: Criminal Consequences of Ecstasy Possession What is MDMA/Ecstasy/Molly? MDMA, also known as ecstasy or molly, is an illegal substance that acts as both a stimulant and psychedelic, producing an energizing effect, as well as distortions in time and perception and enhanced enjoyment from physical experiences. Usually, MDMA which is an acronym for it’s chemical name, 3,4- methylenedioxymethamphetamine, is taken orally, typically in a tablet or capsule, and it’s effects last roughly 3 to 6 hours. The average reported dosage is 1 to 2 tablets, with each tablet usually containing between 60 and 120 milligrams of MDMA. It’s not unusual for users to take a second dose of the drug as the effects of the first dose begin to wear off. Although MDMA is known universally among users as ecstasy, researchers have determined that many ecstasy tables contain more than just MDMA. Many ecstasy tablets also contain a number of other drugs or drug combinations that can be unsafe. Popularity Amongst Young People and College Students The usage of ecstasy and LSD among young adults and college students has spiked over the past two years, survey results displayed the numbers taking the drug in the past... --- > South by Southwest (SXSW) is an large Austin event for tourists and locals. Defense attorney at [firm] gives tips on how to avoid a DWI arrest during SXSW. - Published: 2016-03-17 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/tips-to-avoid-dwi-arrest-during-sxsw/ - Categories: Austin Criminal Defense, Criminal Defense, DWI Drunk Driving - Tags: Austin Criminal Defense, Austin DWI, DWI, March Madness, St. Patrick's Day, SXSW, Texas Criminal Defense How to Avoid a DWI Arrest during SXSW South by Southwest (SXSW) is an event that is synonymous with the city of Austin. Locals and tourists from across the nation flock to the nine-day annual event, which showcases interactive media, music festivals, and conference. SXSW is perfectly scheduled during Spring Break and attracts a large number of college students and twenty-somethings. During the event there are tons of concerts, parties, and alcohol. As a result, Austin law enforcement is on high alert for drunk and impaired drivers. On March 4, 2016 the Austin Police Department announced the commencement of the “No Refusal Initiative”. During the No Refusal Initiative there will be an increased police presence and DWI checkpoints throughout Austin. These roving DWI stops and checkpoints can be problematic for an impaired or drunk driver, because refusal of a breathalyzer test will not help the driver avoid arrest. Austin police officers are obtaining immediate warrants for blood samples of drivers suspected of drunk driving. The warrant will permit the officer to use reasonable force to obtain the blood sample. Drivers over the age of 21 with blood alcohol content (BAC) above 0. 08 will be arrested for driving while intoxicated... --- > A Harris County grand jury convened to investigate whether Planned Parenthood sold organs of aborted fetuses did return indictments—against videographers. - Published: 2016-01-28 - Modified: 2016-01-28 - URL: https://www.kevinbennettlaw.com/blog/understanding-the-criminal-charges-in-the-texas-planned-parenthood-case/ - Categories: Criminal Defense - Tags: center for medical progress, grand jury, planned parenthood Understanding the Criminal Charges in the Texas Planned Parenthood Case Multiple states initiated investigations or moved to end funding for Planned Parenthood Federation of America Inc. after a series of undercover videos were released allegedly showing employees of the nonprofit organization agreeing to sell the tissue and organs of aborted fetuses. Many critics and experts found claimed that the videos had been deceptively edited. While many state investigations found that Planned Parenthood violated no laws in its handling of fetal tissue, a Harris County grand jury convened to investigate whether regional franchise Planned Parenthood Gulf Coast (PPGC) sold the organs of aborted fetuses did end up returning indictments—not against the clinic, but instead against the videographers who filmed the undercover meetings. David Daleiden, the director of the Center for Medical Progress, and co-employee Sandra Merritt were both indicted on second-degree felony charges of tampering with a governmental record. If convicted, they could each be ordered to pay a fine of up to $10,000 and/or sentenced to up to 20 years in prison. This criminal charge allegedly stems from Daleiden and Merritt misrepresented themselves by using fake California driver’s licenses. In most cases, the use of a fake ID is typically... --- > If you have been arrested or charged for drug possession in Austin, Texas, there are ways in which a defense attorney can help get your drug case dismissed. - Published: 2015-04-01 - Modified: 2015-04-01 - URL: https://www.kevinbennettlaw.com/blog/potential-defenses-in-a-texas-drug-possession-case/ - Categories: Drug Crimes - Tags: controlled substance, criminal defense, drug charges, drug possession What are some Potential Defenses in a Drug Possession Case? If you have been arrested or charged for drug possession in Austin, Texas, there are ways in which a defense attorney can help limit your consequences or even get your case dismissed entirely. Some very important tools that an experienced drug possession defense lawyer will use are called “legal defenses. ” The following is a brief guide to some of the legal defenses that may apply in drug possession cases. The drugs were not yours. At times, drug possession charges may arise based on constructive possession, which means you did not actively possess the drugs on your person, but instead are believed to have access to control or possess the drugs. Such cases often involve drugs that are found under the seat of a car, in an apartment, in a locker, or other location to which you had access. Many times, those drugs belonged to someone else who was in your car, home, or other location, and you had no knowledge that the drugs were even there. An experienced defense lawyer will cast doubt on the prosecutor’s accusation that the drugs were actually yours. There was a 4th Amendment violation.... --- > Bills filed in the Texas Legislature may change state marijuana laws. Call the Law Office of Kevin Bennett at (512) 476-4626 if you face cannabis charges. - Published: 2015-03-13 - Modified: 2015-03-13 - URL: https://www.kevinbennettlaw.com/blog/nine-marijuana-bills-filed-2015-texas-legislative-session-2/ - Categories: Austin Criminal Defense, Drug Crimes, Marijuana Laws - Tags: arrest, decriminalization, drug charges, marijuana possession, marijuana ticket, Texas Legislature Nine Marijuana Bills Filed for 2015 Texas Legislative Session Over the last decade, voters have passed and legislators have approved several measures in multiple states all over the country to either decriminalize or legalize marijuana (referred to as “marihuana” in Texas statutes). Some states have enacted measures that legalize certain forms of cannabis for medical uses, but other states recently took steps to legalize marijuana for recreational use. Texas could become the next state to take the sensible step to change state marihuana laws. Today is the final day of the Texas Legislature's 84th Session for state lawmakers to file bills, and there are currently nine different bills this legislative session that could dramatically affect cannabis possession in the Lone Star State: House Bill 325 (Relating to the prosecution of and penalties for possession of 0. 35 ounces or less of marihuana) — Introduced by Representative Gene Wu and filed last November, this bill would make possession of up to 0. 35 ounces (or 9. 92233 grams) of marijuana a Class C misdemeanor punishable by a fine of no more than $500 (as long as the alleged offender is not in possession within 1,000 feet of a school), although the... --- > If you have been arrested or received a marijuana ticket in Austin, TX contact criminal defense lawyer Kevin Bennett to discuss potential legal defenses or options that may be available to you. - Published: 2015-01-19 - Modified: 2015-01-19 - URL: https://www.kevinbennettlaw.com/blog/potential-defenses-texas-marijuana-case/ - Categories: Uncategorized What are Potential Defenses in a Texas Marijuana Case? While many states in the country have recently legalized both medical and recreational marijuana possession and use, Texas is not one of them. As with any other drug crimes, people who are accused of possessing, growing, selling, or trafficking marijuana are subject to serious legal sanctions. In addition to the direct consequences that may be imposed by a court in a marijuana case, drug possession cases have the potential to disqualify you from student loans and other federal programs, keep you from getting a job, affect your ability to rent an apartment, and make it more difficult to get a loan. Consequently, it is important for any one facing an Austin marijuana case to retain a marijuana defense attorney as soon as possible. There are a variety of legal defenses that could potentially be raised in a Texas marijuana case. While the exact defenses will depend on the specific circumstances of your situation, some of the most common include the following: 4th Amendment Violations The 4th Amendment to the United States Constitution protects individuals from unreasonable search and seizure by government actors, including state and local law enforcement. There is extensive... --- > If you are trying to seal or expunge a drug possession or other criminal charge in Austin, Texas, contact Attorney Kevin Bennett to discuss your options. - Published: 2014-08-07 - Modified: 2014-08-07 - URL: https://www.kevinbennettlaw.com/blog/can-drug-possession-arrest-record-sealed-expunged/ - Categories: Austin Criminal Defense, Drug Crimes, Expunction and Record Sealing Can I Have My Drug Possession Arrest Record Sealed or Expunged? An arrest record may have a very negative effect on your life. Many people believe that if they were arrested for drug possession but never charged, their saga is over. Unfortunately, many of these people soon come to realize their job opportunities, personal relationships, and other aspects of their life are in jeopardy because they have a prior arrest for possessing drugs. Fortunately, there are circumstances under which you may have the state of Texas either expunge or seal your arrest record to limit any further consequences. Expunction Under Texas law, you may have your arrest record expunged if any of the following apply: You were never charged and a certain amount of time has passed; No indictment or information was issued against you; You went to trial and were acquitted of your charges; You went to trial and were convicted, however the court of criminal appeals overturned the conviction; You went to trial and were convicted, however you were later pardoned based on actual innocence or another valid reason. You were convicted and you received and completed a sentence of deferred adjudication probation or a Class C misdemeanor... --- > There are many differences between the sealing of criminal records and expunction in Texas. Contact Austin Attorney Kevin Bennett to discuss your options. - Published: 2014-07-21 - Modified: 2014-07-21 - URL: https://www.kevinbennettlaw.com/blog/difference-sealing-criminal-records-expunction-texas/ - Categories: Expunction and Record Sealing What is the Difference between the Sealing of Criminal Records and Expunction in Texas? The existence of a criminal record can affect your life in a number of ways and may make it difficult to get a job, be approved for loans, obtain a professional license, or even secure housing. Fortunately, Texas law allows people with certain types of criminal records to have them expunged or sealed, making them inaccessible to the general public. There are many benefits to having your criminal record sealed, some of which we detailed on our website here. Not all Texas criminal records can be sealed or expunged, and there are significant differences in the two processes. Below is some information about these differences. Because obtaining either can be a legally complicated process, anyone interested in having their record sealed or expunged should talk to an experienced Austin expunction attorney before attempting to begin the process on their own. Texas Expunction Expunction, also referred to as expungement, is the process by which a criminal record is completely destroyed. Many people may be under the mistaken impression that after they successfully complete a deferred adjudication program that their criminal record simply goes away. This is not... --- > Have you been arrested or charged with public intoxication in Texas? If so, contact Austin public intoxication lawyer Kevin Bennett to discuss your defense. - Published: 2014-07-21 - Modified: 2018-10-31 - URL: https://www.kevinbennettlaw.com/blog/can-lawyer-help-texas-public-intoxication-case/ - Categories: Austin Criminal Defense How Can a Lawyer Help in My Texas Public Intoxication Case? If you are over the age of 21 in the United States, it is legal for you to consume alcohol. However, under certain circumstances, that lawful consumption of alcohol has the potential to lead to criminal charges. For example, if you are involved in a bar fight, you may face assault charges. If you get in your car and try to drive home, you may be arrested for driving under the influence. Additionally, if you decide you leave the drinking establishment and simply walk home or to another location, you risk being charged with public intoxication. You may wonder how it is legal to drink alcohol, but not legal to leave a bar or restaurant after drinking. The truth is that not every person who is stopped by police on suspicion of public intoxication should be. In order to be charged with public intoxication, police must believe that you are so intoxicated that you may be a danger to yourself or to another person. Unfortunately, this is a subjective observation, and police often arrest people for public intoxication who posed no threat of danger at all. How an Attorney... --- > Public intoxication in Texas is considered a class C misdemeanor punishable by fine and a permanent criminal record. If you have been charged with public intoxication, contact Austin public intoxication lawyer Kevin Bennett to discuss your best options. - Published: 2014-01-23 - Modified: 2014-01-23 - URL: https://www.kevinbennettlaw.com/blog/public-intoxication-texas/ - Categories: Austin Criminal Defense - Tags: criminal defense, public intoxication Public Intoxication in Texas Under Texas law, a person commits the misdemeanor crime of public intoxication, also known as a PI, if they appear in a public place while intoxicated to a degree that they may endanger themselves or another person. Public intoxication is considered a Class C misdemeanor and punishable by up to a fine of $500. However, for many people, a large fine is not the most serious consequence of a public intoxication case; it is the possibility of a permanent criminal record. Austin Public Intoxication Lawyer As a criminal defense lawyer that regularly handles Texas public intoxication cases in Austin, I understand the confusion and frustration that often results after a PI arrest. The criteria to arrest someone for Public Intoxication is extremely subjective. Police and other law enforcement officers are often quick to make an arrest for public intoxication in Austin, especially on 6th Street. There are always two sides to the story in these kinds of incidents and you need a criminal defense lawyer who will make sure that your side of the story is heard too. If you have been arrested for public intoxication in Austin, TX and are confused or unsure as to... --- > An Austin Criminal Lawyer can make an essential difference in the outcome of a criminal case. If you have been arrested in Austin, contact Kevin Bennett. - Published: 2013-09-24 - Modified: 2013-09-24 - URL: https://www.kevinbennettlaw.com/blog/austin-criminal-lawyer-kevin-bennett-provides-dedicated-defense/ - Categories: Criminal Defense - Tags: Felony, Misdemeanor Austin Criminal Lawyer As an Austin criminal lawyer, I strive to provide dedicated criminal defense and legal representation for a wide range of felony and misdemeanor offenses in Travis County, from DWI to domestic violence, assault and battery to drug cases. I understand that when it comes to your felony or misdemeanor case, nothing could be more important than putting the matter behind you. However, depending on how your criminal case is resolved, the matter in question could haunt you for the rest of your life. Unfortunately, many individuals assume that their defense lawyer is going to feel the same way as they do about their pending felony or misdemeanor case. However, many defense attorney's carry a large case load or handle cases in volume, leaving the attorney very little time to devote to each case. This time crunch often results in the client having a difficult time getting in touch with their attorney until right before a scheduled court date or even on the day of court itself. This lack of communication or attention may leave you wondering if your defense lawyer actually did any work on your case since your last court date. Over my career as an... --- > In Texas, an assault charge cannot be dropped simply because the victim wants charges dropped. The decision to drop charges belongs to the prosecutor. - Published: 2013-09-24 - Modified: 2013-09-24 - URL: https://www.kevinbennettlaw.com/blog/can-a-victim-drop-charges-for-domestic-assault/ - Categories: Violent Crimes - Tags: assault, Felony, Misdemeanor When Are Assault Charges Dropped in Texas? In Texas, the general public has a common misunderstanding of who "presses" charges in an assault case. Many individuals believe that it is the alleged victim or complaining witness who makes the decision on whether to prosecute, drop or reduce an assault case. This belief is incorrect. Texas Domestic Violence Arrest Many assault or family violence cases arise out of a domestic dispute where someone calls the police because they are angry, scared, confused or want to diffuse an argument that has gotten out of control. It is often times not the intent of the complaining witness to have their girlfriend, boyfriend, wife, husband, etc. arrested and taken to jail. However, once the police are called, they will take statements, make their own observations and will almost always make an arrest and take someone to jail. The risk of leaving the scene without taking someone to jail, only for the dispute or situation to later escalate to the point of someone getting hurt or seriously injured, is too great of a risk for most officers to take. After the accused has been arrested for assault causing bodily injury to a family member, the... --- > Possession of a Controlled substance is a very serious drug charge in Texas and is usually classified as a felony drug possession case in Austin, TX. - Published: 2013-08-01 - Modified: 2013-08-01 - URL: https://www.kevinbennettlaw.com/blog/what-is-possession-of-a-controlled-substance-in-texas/ - Categories: Drug Crimes - Tags: controlled substance, possession Possession of a Controlled Substance in Texas In Austin, and throughout the state of Texas, police and prosecutors are extremely aggressive when it comes to prosecuting drug charges such as possession of a controlled substance (POCS). The Texas Health and Safety Code creates five penalty groups that controlled substances are classified under. The penalties you face for possession of a controlled substance usually depend on the type and amount of the controlled substance. For example, the amount of the controlled substance could be the difference in the case being classified as either a felony or a misdemeanor. Whether you face a felony or misdemeanor drug crime, our goal will be to have the charges against you dropped or reduced so that you don't have to suffer the consequences of a conviction. Defending a Drug Possession Case There are many ways to defend against a possession of a controlled substance charge in Texas. For example, the element of possession is crucial in a POCS case. Under Texas law, the word "possession" has a very distinct legal definition which can differ from the general understanding of the word. The Fourth Amendment of the Constitution of the United States guarantees legal protection against... --- > Penalties for Possession of Cocaine are extremely harsh in Texas. Possession of even the slightest amount of Cocaine is considered a felony in Austin, TX. - Published: 2013-07-25 - Modified: 2018-09-07 - URL: https://www.kevinbennettlaw.com/blog/what-are-the-penalties-for-possession-of-cocaine-in-texas/ - Categories: Drug Crimes - Tags: cocaine possession, controlled substance, drug possession What are the Penalties for Possession of Cocaine in Texas? Penalties for Possession of Cocaine are extremely harsh in Texas. Under the Texas Health and Safety Code, possession of cocaine is classified under Penalty Group 1, which makes possession of even the smallest amount of cocaine a felony. If you are facing a charge of possession of cocaine and are in need of legal representation, contact Austin Cocaine Defense Lawyer Kevin Bennett. Texas drug possession laws usually involve complex and and very specific legal issues that can have a direct impact on a defendant's criminal case case. Having a criminal defense attorney that regularly defends Texas drug possession cases can make an essential difference in the outcome of your case. The penalties for possession of cocaine in Texas can vary depending on the amount of the drug seized or where the cocaine was found. The punishment for cocaine possession in Texas is as follows: Less than one gram of Cocaine: Is a state jail felony punishable by 180 days to two years in jail and a fine up to $10,000. One gram or more but less than four grams of Cocaine: Is considered a third-degree felony punishable by a jail... --- > The definition of bodily injury in Texas is quite broad and can found under Texas Penal Code Section 1.07(8). If you have been arrested for assault causing bodily injury or domestic violence, contact Austin Assault Lawyer Kevin Bennett. - Published: 2013-07-24 - Modified: 2018-09-07 - URL: https://www.kevinbennettlaw.com/blog/what-is-the-definition-of-bodily-injury-in-texas/ - Categories: Violent Crimes - Tags: assault, bodily injury Definition of Bodily Injury in Texas One of the most frequent questions I receive in an assault bodily injury or domestic violence case is, "why was I arrested for assault when there were not any physical injuries? " My response to this question almost always begins with an explanation of the legal definition of bodily injury in Texas. The legal definition of bodily injury can be found under Texas Penal Code Section 1. 07 (8). What is Bodily Injury? "Bodily Injury means physical pain, illness, or any impairment of physical condition. " Texas Penal Code § 1. 07 (8). As you can see, the definition of bodily injury in Texas is very broad and it does not take much to make an allegation or establish the element of "bodily injury" in an Assault Bodily Injury or Assault Causing Bodily Injury to a Family Member case. Bodily injury does not require that someone goes to the hospital or receive medical treatment. It also does not require that EMS be called or even any visible sign of physical injury such as a bruise, scratch or red mark. The alleged victims' statement that they felt pain is alone sufficient for an assault arrest.... --- > In Texas, prosecutors will not simply “drop the charges” just because the victim wants to drop an assault charge or does not want to press charges. - Published: 2013-07-24 - Modified: 2019-05-06 - URL: https://www.kevinbennettlaw.com/blog/can-a-victim-drop-an-assault-charge/ - Categories: Violent Crimes - Tags: assault, Felony, Misdemeanor Do Victims Have to Press Charges for Assault? While it is possible to get an assault charge dropped in Texas, in almost all cases, a prosecutor will not simply “drop the charges” just because the alleged victim does not want to press charges or prosecute the case. A good criminal defense lawyer will be familiar with Texas assault laws and will be able to work with their client to increase their chances of having an assault charge dropped, dismissed or reduced. Austin Attorney Kevin Bennett regularly handles misdemeanor and felony assault and assault causing bodily injury to a family member cases in Austin. Mr. Bennett works with his clients to take very specific steps to build a solid defense and to increase the likelihood of getting the assault charge dropped or dismissed. Getting an criminal case dropped or dismissed is the first step towards keeping your criminal record clean. The Law Office of Kevin Bennett also helps clients with expunction and the sealing of criminal records, when possible. If you have been arrested for assault in Austin or Travis County, you need to contact a defense attorney immediately. Assault cases can be very time sensitive and having a skilled criminal... --- > Punishment for possession of cocaine in Texas can be very harsh. Possession of even the smallest amount of cocaine is considered a felony in Texas. - Published: 2012-09-11 - Modified: 2022-04-22 - URL: https://www.kevinbennettlaw.com/blog/what-is-the-penalty-or-punishment-for-possession-of-cocaine-in-texas/ - Categories: Drug Crimes - Tags: drug possession, possession of cocaine Punishment for Possession of Cocaine in Texas If you have been arrested or charged with possession of cocaine in Texas, you are facing serious jail time if convicted. Even the smallest amount of cocaine is considered a felony offense in Texas. The punishment for possession of cocaine can depend on various factors such as the amount of cocaine or whether the cocaine was found, for example, in a drug-free zone such as a school or near a public park or playground. Cocaine is classified under Penalty Group 1 of the Texas Health and Safety Code and possession of even the smallest amount of cocaine is considered a state jail felony in Texas and is punishable from 180 days to 2 years in state jail and/or a fine not to exceed $10,000. As you can see below, the punishment for possession of cocaine in Texas can be severe. Penalty Group 1 Weight Charge Range of Punishment Less than one gram State jail Felony 180 days to 2 years in state jail and a fine not to exceed $10,000 1 gram or more, but less than 4 grams Third-degree Felony 2 to 10 years in a state prison and a fine not... --- ---