The Law Office of Kevin Bennett

Your ability to get your record sealed is going to be very case specific. Each case would need to be closely reviewed to determine eligibility.

Only the State can drop or dismiss charges, not an alleged victim. However it might be possible to increase the chances of getting a case dismissed. Speaking with the defense attorney is usually a good place to start in order to help.

It is ultimately up to the prosecutor to decide whether to prosecute or dismiss an assault case. However, having an experienced and skilled criminal defense lawyer can increase the chances of getting the charges dropped. The best defense lawyers will know what evidence and issues to look for in reviewing a case and also how to best present the case to the prosecution or to a jury. There are many different variables in an assault case such as whether the alleged victim was a stranger or whether this is an assault family violence or domestic violence case. Feel free to contact my office for more information. I offer free consultations and would be happy to speak with you. Thank you.

In short, it depends. I depends on many factors such as whether it is a first-time DWI, whether there was a collision, whether it's a felony DWI charge or whether there are any other type of aggravating factors such as a child passenger or other legal issues that may complicate the case. However I can tell you that I charge flat fees and that I do include the ALR or driver's license hearing regarding the suspension of your driver's license. Feel free to call me. I offer free consultations and I'd be happy to discuss the facts of your case.

While a first time DWI arrest carries jail time, it is highly unlikely that you will be given a jail sentence. A good DWI lawyer will know what can be done to minimize the chances of that happening as well as put your case in the best position to get a positive outcome.

The cost for a DWI lawyer in Austin can vary greatly, but most DWI lawyers will typically charge a flat fee for the pretrial defense of the case and then a separate trial fee if the case were to go to trial. Most DWI lawyers, including myself, will usually offer a payment plan to help with costs. Hiring the best DWI lawyer for your defense is one of the most important investments that you will ever make, as it’s an investment in you. Hiring the right DWI lawyer can often times make the difference in whether your case gets dismissed, reduced or what penalties you face.

If you do refuse the breath test after being arrested for DWI, then in most misdemeanor DWI cases, you are looking at a 180-day suspension of your Texas driver’s license. For second-time or third-time DWI cases, the length of the suspension can increase if you refuse an intoxilyzer breath test. If you do the breath test and you are over the legal limit, then in most misdemeanor DWI cases, your Texas driver’s license will be suspended for 180 days. If you are under 21 and breathalyzer detects any amount of alcohol, then you are looking at a minimum 90 days driver’s license suspension and possibly a longer suspension, depending on what your BAC results are. As for field sobriety test (FSTs), I would almost always recommend against doing these tests. Most people, sober or not, are going to have trouble either physically performing these tests or understanding exactly what they are being asked to do. Most defense lawyers agree that field sobriety test are designed for you to fail.

This is a very good question that I often get asked by individuals who have just been arrested or charged with DWI in Austin. My answer is that it depends. While you have the right to refuse a breathalyzer, and often times it is advisable to refuse a breathalyzer, there are certain circumstances where you might actually benefit or it may help your criminal defense lawyer in the defense of your case by blowing. For example, if you have only had two or three drinks over a longer time period, there is a very good chance that your BAC (Blood Alcohol Concentration) comes back under the legal limit of .08%. If you are fortunate enough that this does happen, then your defense lawyer now has evidence in your favor to show that you were not driving while intoxicated. On the other hand, if you have had a lot of alcohol to drink or you feel intoxicated, then you almost certainly would not want to do the breath test.

I would need more information to try to better understand your legal issue. However you may want to consider contacting whomever you originally reported he vehicle lost or stolen to. They may be able to explain why this criminal activity information is showing when you do the VIN check. Thank you

Most likely not under this scenario but would need to review specific cases.