The Austin, TX Criminal Defense Lawyer that Cares

Simply put, Michael & Associates gives you two things: the white glove treatment, and the best outcome possible.

There are dozens of lawyers out there that will charge you less and promise you the world. But when you have questions, are they there for you? Are they going to really give each case the best effort? More likely, they are going to take the easiest path forward.

With Michael & Associates, we take on a limited number of cases so that we can treat each one as if it were our own.

You get Ben Michael’s personal cell phone, and are encouraged to text him anytime, day or night. Other firms? You get stuck with a secretary, and maybe you'll get a callback three days later, if you’re lucky.

Ben will walk you through every step and detail, and make sure that you feel comfortable the whole way through. We get that this is a stressful time, and it’s our goal not only to get you the best possible outcome, but to also make this as painless as possible.

Michael & Associates takes on pretty much all types of felony and misdemeanor criminal cases, including the following:

DUI / DWI
Possession of a Controlled Substance
Assault & Battery
Family Violence
Domestic Abuse

We do not do:

Traffic Law
Family Law
Immigration Law
Civil Law

Texas law states that a person commits assault if they:

1. intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
2. intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
3. intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Additionally, there is a difference between simple and aggravated assault.

• Simple Assault is when someone intentionally, knowingly or recklessly threatens bodily injury to a person.
• Aggravated Assault is when someone causes serious bodily injury or uses a deadly weapon during the assault.

Additionally, if the victim is a certain type of person – such as a child, a disabled person or an elderly person – the charge can vary.

Assault cases are not one-size-fits-all, so we recommend you get a free case review in order for us to better advise you.

Domestic assault, as defined by Texas Penal Code 22.01, is the same definition of assault but directed to a family member, household member, or someone with whom the person is in a dating relationship.

In Austin, Travis County, and the rest of Texas, any driver caught with a blood alcohol concentration (BAC) of 0.08% or higher can be charged with driving while intoxicated.  BAC is a measure of the percentage of your blood that is made up of alcohol.

The number of drinks that will put you at a BAC of 0.08% depends on a number of factors, including the strength of the drinks, the time passed since consuming, your gender, your weight, and your tolerance.

In Austin, the penalties vary based on how many offenses you have had.

First Offense

• Up to a $2,000 fine
• Up to 180 jails upon conviction, with three mandatory days in jail
• Loss of driver’s license for up to a year

Second Offense

• Up to a $4,000 fine
• One month to a year in jail
• Loss of driver’s license for up to two years

Third Offense

• A $10,000 fine
• Two to ten years in prison
• Loss of driver’s license for up to two years

Additional penalties apply if driving with a child passenger, which include:

• Additional fines up to $10,000
• Up to two years in jail
• An additional 180 days of driver’s license suspension

For starters, pull over immediately and safely.  Do not attempt to evade the police as you will likely fail to outrun them and will face further charges.

Once the officer approaches your vehicle, be extremely polite and obedient.  The officer will first ask for your license, registration, and proof of insurance.  Tell the officer where these are located, and slowly move to retrieve these items.

Officers will typically ask if you know why they pulled you over.  Simply say “No Sir” or “No Ma’am”.  Because in court, an officer must have a reason to justify pulling you over.  So you don’t want to admit to the officer that he or she had a good reason.

You have the right to refuse both a field sobriety test and a preliminary breathalyzer test.  If you believe you will fail, it is a good idea to refuse these.  Simply state that you are not comfortable doing these and would like to speak with your attorney before doing so. Always assume you are on video, so be as polite and even-keeled as possible.

You may still be arrested on the grounds of slurred speech, alcohol smell, or bloodshot eyes.  Once arrested, you will likely be asked to take a blood or breath test to establish BAC.  If you do refuse, you are subject to a license suspension.  However, if you fail the test, you are also subject to a license suspension.  In either case, a lawyer can help you fight this.

The officer may obtain a warrant to compel you to take the test, but this takes time.

Always remain silent during questioning, and contact an attorney at the first chance you get.

Yes, you should never plead guilty or give up when charged with a DWI.  Whether it’s your first or third DWI, fighting it will almost always yield a better outcome for you.

Once someone has been arrested, placed into custody, and charged with a criminal offense, they typically will have to post bail by paying the full amount or by paying a bondsman to get them out.  In some cases, you may be able to be released without a bond or with an unsecured bond.

The best thing to do if arrested is to contact a lawyer at the first opportunity possible. Do not give any details of what occurred, as these can be used against you later. Tell your lawyer what you were charged with, and follow their instructions.

First off, you should never resist arrest. Resisting arrest can lead to more charges. You should comply with their orders and provide identification if asked.

When questioned about anything related to a crime, simply state that you are not comfortable discussing it until you have an attorney present.

Many police officers will attempt to make you seem guilty or try to convince you to speak before consulting an attorney. Remember that anything you say can be used against you later on, so it’s best to wait until you have an attorney present.

Police do not have to read you your Miranda rights to detain you, arrest you, or charge you with a crime.

However, police are required to read you your Miranda rights before questioning you.  These rights include:

1. The right to remain silent
2. The right to have an attorney present during questioning, and if you can’t afford one, to have a court-appointed defense attorney
3. Anything you say can be used against you in a court of law

Whether you were read your rights or not, it is best to speak with a lawyer who is knowledgeable about your rights, and to always have a lawyer present during any questioning to ensure that your rights are protected.