Michael & Associates, Attorneys at Law

The Austin, TX Criminal Defense Lawyer that Cares

Charged with DWI, possession of a controlled substance, or any other felony or misdemeanor?  Michael & Associates will strive to get you the best outcome possible.

Defending clients thoughout the Great State of Texas, including; Austin Dallas, Fort Worth, San Antonio, Houston, and all surrounding counties

About Ben Michael

I'm Ben Michael, and I've been practicing criminal defense law for nearly a decade. 

I've worked on cases ranging from DWIs, to assault, drug possession and many more.  I won Top 40 under 40 and was named one of the Top 10 Criminal Defense Attorneys in Texas, among many other awards.

After a decade at some of the top Criminal Defense firms in the country, I decided to start Michael & Associates to provide white-glove, high touch criminal defense services with one goal: to get you the best outcome possible.

Ben-Michaels

A Different Type of Defense Attorney

Your Peace of Mind Matters

Being charged with a crime is one of the most stressful things you can go through.  That's why we make it a point to explain every detail of our defense strategy, and all the steps that your case involves.  Complete transparency.

Call or Text Me Anytime

When we take on a case, you get the a direct line for you to call or text your Senior Attorney.  That's the commitment we make to you.  Other firms will pawn you off on secretaries and legal assistants, and make you wait days for a callback. 

I think that's ridiculous.  When I defend you, you get direct access 24/7.

I Fight Til the Death

I legally can't promise outcomes, but what I can promise is that I will fight for the best possible outcome. 

Larger, cheaper firms will treat you like a number.  They apply the same formula to every case, and unfortunately don't get their clients great results.

Every case is different, so we take an approach specific to your case.  Does it take us way more time and effort?  Of course, but getting you a dismissal or the best outcome possible is worth it.

We Minimize Court Time

Going to court is stressful and usually not necessary.  That's why I do my best to keep the time you have to spend in a courtroom to a minimum.  If you don't legally have to be in a courtroom, don't go.

Contact us for a free consultation and case evaluation today.

We Practice All Areas of Criminal Defense in the Austin, TX Area

We handle any type of felony or misdemeanor in the state of Texas - no case is too big or too small.

.01

DUI / DWI

Our most common case type - our goal is to dismiss your DWI, keep it off your criminal record, and keep you driving.  

.02

Jail Release

Know someone stuck in jail? We'll get them out in a jiffy (limited to certain counties).

.03

Drug Possession

Charged with possession of a controlled substance? We've done everything from misdemeanors to felonies.

.04

Assault & Battery

Penalties for assault range from a fine, to jail time, to life in prison. Let us help ensure it's not the latter.

.05

Domestic Abuse

Even threatening violence against a household member can lead to serious charges.  Let us defend you against whatever you're facing.

.06

Burglary

Burglary is a felony in the state of Texas, and carries severe penalties if convicted. We'll mount an aggressive defense to help keep you out of prison.

Metros We Service

  • Austin

  • Dallas

  • Fort Worth

  • Houston

  • San Antonio

Why we're the Right Criminal Defense Lawyer for You

Top 0

Ranked Texas Defense Lawyer

0%

DWIs Resolved without Trial

0+

Years Combined Experience

0.0

Star Rating on Google

0.0

Star Rating on Thumbtack
2022-10-BEST-DUI-LAWYERR-removebg-preview
2020-Criminal-Defense-Badge1-removebg-preview
Top_40_under_40_Criminal_Defense_Attorney-removebg-preview
Top 10 Criminal Defense Attorney AVVO

Meet Your Defense Team

At Michael & Associates, we strive to hire only the top 10% of Austin criminal defense lawyers who practice our value of Zealous Advocacy.  Our attorneys have years of experience with diverse skillsets - trial lawyers, former prosecutors, advanced negotiators - in order to provide you with the best legal representation possible.  When you hire Michael & Associates, you don't just get attorney-client relationship with one lawyer - you get the full force of our law firm to defend you.

Ben-Michael

Ben Michael

Ben Michael is founder and Managing Partner of Michael & Associates, and has nearly a decade of experience in criminal defense here in Austin, TX.  He is an experienced criminal defense attorney who has spent nearly a decade of helping those accused of a crime get the best outcome possible.  He has successfully defended hundreds clients, handling all sorts of legal issues including DWI,  assault, domestic violence, sex crimes, possession of controlled substance, expungement cases, and felony cases.

Ben originally studied political science at University of Florida, and subsequently attended Loyola Law School in Los Angeles.  During law school, he clerked at a number of law firms, gaining experience in a variety of areas including personal injury, civil rights, wrongful death, and litigation.  After passing the bar, Ben decided to dedicate his life to defending those accused of criminal charges, and eventually became partner at another Austin-area defense firm.

Ben left to start the law office Michael & Associates in order to provide a higher level of client service, top legal advice, and most importantly zealous defense for those in the Austin area.
28616686_10216386680767729_8858229310230716978_o (1)

Holly Fox

Meghan Rogers Headshot

Meghan Rogers

image

Charlie Pelowski

Jessica-Joyner

Jessica Joyner

Zach Redington

Zach Redington

With 20 years of experience defending clients against DWI and other criminal charges in state and federal court, Zach Redington boasts a winning jury trial record. Born and raised in Dallas, Texas, Zach’s approachable manner and affable demeanor have enabled him to build trust and rapport with clients, local judges, prosecutors, and juries. From DWI to sexual assault to the myriad of other potential criminal accusations, Zach approaches each case with a sense of urgency, understanding the duress that criminal accusations can inflict upon the accused.

Zach is recognized as a leader in the criminal defense legal profession. He formerly served as the President of the Ellis County Criminal Defense Lawyers Association (ECCDLA) and was appointed to serve on the State Grievance Committee. He is a speaker and author on criminal legal topics, and published an article in the State Bar Section Report Juvenile Law, Vol. 17, No. 1, entitled, “Juvenile Transfer from TYC to TDCJ: TYC Screening and Judicial Response.”

Zach graduated from the University of Texas School of Law. During law school, Zach earned the honor of serving as an intern in the Texas Court of Criminal Appeals and as a law clerk for a criminal defense lawyer in Austin, Texas. He also participated in the Criminal Defense and Juvenile Justice Clinics in Austin. Zach graduated from Woodrow Wilson High School and received a Bachelor of Arts degree from Wake Forest University.

Joseph Deeb

Joseph Deeb

bobby-leahey

Bobby Leahey

Attorney Bobby Leahey is a Senior Trial Lawyer at Michael & Associates.  He traveled a circuitous path before finally joining the firm.  As a child, he split time equally between Texas and California, and ultimately attended the University of California at Los Angeles (UCLA).  While at UCLA, Bobby majored in Philosophy, earning his Bachelor's Degree in 2004.

Upon graduation from college, Bobby worked various jobs from management to high school educator.  He decided to pursue his lifelong desire to practice law, and attended The University of Miami School of Law, graduating with a Juris Doctorate degree in 2010.  Shortly after graduation, he passed the Florida Bar Exam, and relocated to his home state of Texas, where he successfully passed the Texas Bar Exam as well.  With a strong desire to help clients accused of crimes, he began his practice in Odessa, Texas, a city with one of the highest crime rates in the country.

Bobby's practice flourished as he gained experience in every type of case, from simple misdemeanor theft, to crimes such as attempted capital murder.  As he progressed in his career, Bobby opened a second office in Ft. Worth, Texas, where he was able to assist more clients in a broad array of cases.  Bobby has handled a variety of cases throughout the state of Texas, and has zealously advocated for clients for over a decade.  He joined Michael & Associates in 2022 to further the firm's goal of providing top-notch representation to every client, no matter how serious the charge.
Bobby believes in empathetic, respectful, compassionate, and passionate defense of every single client he works for.  He believes in advocating for his clients, and always acts in their best interest.  As a trial attorney, he is comfortable in the courtroom, and willing to litigate to achieve the best possible results on any given case.
James Fletcher Attorney

James Fletcher

James Fletcher was born and raised in Houston, the son of a Plaintiff’s personal injury attorney.  In 2010 he enrolled at South Texas College of Law, where obtained the “high A" marks in both Criminal and Constitutional Law, as well as awards for speaking at Moot Court tournaments. Throughout law school he interned at the Harris County and Galveston County District Attorney’s Offices, ranging from work in misdemeanor courts to vehicular crimes and asset forfeiture.

After law school, James went to work defending citizens accused of crimes for a prominent Houston law firm.  He then moved to Austin in 2017, a has been practicing in Travis County and surrounding areas since then. 

James is one of a handful of lawyers to achieve the designation of Lawyer-Scientist through the American Chemical Society, which he earned by attending the prestigious Axion forensic training laboratory in Chicago. James now knows as much as, if not more than, any of the State’s “expert” witnesses when it comes to analyzing blood draws and chromatography analysis. He has used this knowledge to suppress blood tests and win trials for his clients that stand accused of Driving While Intoxicated. Throughout his ten years of practice James has focused on representing those who cannot stand for themselves against the awesome power of the State. He has tried and won DWI trials across Texas. 

James lives in Austin along with his wife Bianca, their perfect daughter Billie, and their senior dog, Justice. He closely follows the NBA, particularly his beloved Houston Rockets. He can be found in his spare time hiking the Bull Creek Greenbelt. 

nathan-ossowski-attorney

Nathan Ossowski

Born in San Bernardino, California, and raised in the heart of the Golden State, Nathan's passion for justice was ignited during his academic journey. He graduated from the University of Redlands with a degree in government, a pivotal moment that set the course for his future in law.

It was during his time at the University of Redlands that Nathan's interest in the legal profession began to flourish. Inspired by a deep sense of justice and a desire to make a difference, he pursued a career in law with unwavering determination.

Nathan's path to becoming a formidable defender of the accused took shape during his tenure at Temple University School of Law, where he graduated with Rubin Honors in 2014. It was here that he secured a coveted internship with the Philadelphia Public Defender's office, an experience that exposed him to the profound impact a dedicated advocate can have on the lives of those navigating the criminal justice system.

In his pursuit of a comprehensive understanding of the criminal legal process, Nathan also interned at the Philadelphia District Attorney's office, gaining invaluable insights into the workings of both sides of the courtroom. This dual perspective, derived from his experiences on both sides of the aisle, laid the foundation for his future success as a criminal defense attorney.

In 2016, after passing the Texas Bar, Nathan embarked on his legal career in Texas. Since then, he has diligently worked to provide unwavering support to clients facing legal challenges. Nathan approaches each client's case with the utmost professionalism, ensuring that justice is served with integrity and respect.

With an unwavering commitment to safeguarding the principles of justice and a track record of advocating for his clients, Nathan O. Ossowski stands as a beacon of hope and resilience within the realm of criminal defense law. His dedication to the pursuit of justice continues to make a positive impact on the lives of individuals throughout the great state of Texas.

RC Pate

RC Pate

Tommy Stolhandske

Tommy Stolhandske

Andromeda Vega Rubio

Andromeda Vega Rubio

Headshot (1)

Matthew Pospisil

Matthew Pospisil's passion for justice led him to embark on a remarkable journey as a lawyer, driven by his unwavering commitment to fighting for his clients. Initially pursuing studies in Criminal Justice at Sam Houston State University, Matthew's aspiration to join the FBI underwent a profound transformation when he recognized the inherent biases that perpetuate an unjust system, particularly for the accused. Determined to champion the cause of the disparaged, he set his sights on becoming a Criminal Defense Attorney.

Continuing his educational pursuit, Matthew relocated to Houston after graduating from Sam Houston State University, where he enrolled at South Texas College of Law. Immersing himself in the realm of Criminal Law Advocacy, he honed his skills and deepened his understanding of the legal intricacies. During his time in law school, Matthew seized the opportunity to intern with the esteemed Harris County District Attorney's Office, gaining invaluable insights and practical experience.

Upon earning his law degree, Matthew embarked on an inspiring professional path, joining forces with the distinguished Bill Habern. Focusing his expertise on parole and prison law, Matthew devoted himself to giving a voice to the often-overlooked and marginalized individuals within the confines of the prison system. Collaborating with Bill Habern, he dedicated his efforts to navigating the complexities of this challenging field, tirelessly advocating for the rights and dignity of those that society had forgotten.

Eager to return to the courtroom and further expand his legal prowess, Matthew made the pivotal decision to part ways with the Habern Law firm. Seeking guidance and mentorship from the esteemed George Parnham, Matthew embarked on a transformative chapter in his career. Under George's tutelage, Matthew fine-tuned his advocacy skills, showcasing his exceptional talent and achieving a remarkable track record of acquittals and dismissals across a wide spectrum of cases, ranging from minor offenses like possession of marijuana to complex matters such as murder trials.

After spending several fruitful years under George's mentorship, Matthew's exceptional reputation caught the attention of the Dunham and Jones law firm. Recognizing his extraordinary abilities, they handpicked him to serve as a managing attorney, entrusting him with running their El Paso Office.

Matthew's unwavering dedication and remarkable track record of success has cemented his reputation as an exceptional advocate for his clients.

Happy Clients All Over Austin

I'm so grateful I ended up going with Ben.  He truly gave me the white glove treatment, helping me through the entire process of my criminal case.  And the outcome was far better than I ever could have imagined.  I'd highly recommend Ben Michael to anybody who needs a criminal defense attorney.

Jason Spencer
Austin, TX

Ben Michael was such a professional and great person to handle my situation. It’s nice to have someone like him when you think you have no way out .. I highly recommend him to anyone that is in a real situation that seems with no light at the end of the tunnel.
 
 
 
 

Sia J.
Austin, TX

I can not say enough good things about Michael and Associates criminal defense attorney in Austin, Texas. From the start, they were professional and knowledgeable. They took the time to listen to my case and guided me through the entire process. They were sensitive to my needs, and they were always available to answer questions. Their attention to detail and expertise was greatly appreciated. I highly recommend their services to anyone who is in need of a criminal defense attorney in Austin. I am grateful for their help, and I highly recommend them to anyone in need of criminal defense assistance.
 
 

Denton D.
Austin, TX

Recent Cases in Austin

Case Dismissed

Charge: Driving While Intoxicated

Location: Austin, TX

Allegations: Client was pulled over after police observed his car swerving.  Police alleged client had alcohol on his breath, and failed sobriety test and blood test.

Result: Dismissed after motion to suppress illegally obtained evidence.

Case Dismissed

Charge: Driving While Intoxicated

Location: Austin, TX

Allegations: Client was driving while tired, and pulled over for swerving.  She cooperated and passed a sobriety test.  Arrested and charged with DWI based on poor driving and smell of alcohol.

Result: Case Dismissed due to Lack of Evidence

Case Dismissed

Charge: Felony Unlawful Carrying of a Weapon

Location: Austin, TX

Allegations: Client arrested at a bar with a legally permitted handgun holster.

Result: Case Dismissed

Recent Posts

What is the Legal Alcohol Limit for Driving in Texas?
The Lone Star State has strict DWI/DUI laws and severe penalties for those willing to get behind the wheel after too many drinks. It is important to have a clear understanding of the legal alcohol limit in Texas so you can avoid putting yourself and others at physical and legal risk. Key Takeaways What is …

What is the Legal Alcohol Limit for Driving in Texas? Read More »

Read More
If a Driver’s Breath Smells Like Alcohol, Can They Be Arrested for DWI?
If you’re pulled over in a seemingly routine traffic stop, what happens if the police officer notices that your breath smells like alcohol? It’s common for officers to check for the scent of alcohol, and it’s possible that odor could lead to a DWI arrest.  The scent of alcohol on a driver’s breath doesn’t necessarily …

If a Driver’s Breath Smells Like Alcohol, Can They Be Arrested for DWI? Read More »

Read More
Probation Fees in Texas: How Much Will It Cost?
Probation fees in Texas can be as low as $25 per month or hundreds of dollars, including the monthly supervision fee, court costs, drug or alcohol testing, and such other miscellaneous expenses as ignition interlock devices. Some probationers say they’ve had to prioritize probation fees over rent for fear of revocation. And there could be …

Probation Fees in Texas: How Much Will It Cost? Read More »

Read More

Frequently Asked Questions

About Michael & Associates

 

What counties can Michael & Associates help in?

Michael and Associates provides defense services in major counties around Austin, San Antonio, Dallas and Fort Worth.

 

What sets Michael & Associates apart?

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. They are essentially factories for criminal cases.

With Michael & Associates, we take on a limited number of cases so that we can treat each one as if it were 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 a call back 3 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.

What types of cases can Michael & Associates help with?

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

What jurisdictions does Michael & Associates practice in?

We're licensed to practice throughout Texas, and take cases in most counties in the Austin, San Antonio, Dallas, Fort Worth, and Houston Areas.

Below is the comprehensive list of counties we are currently taking cases in.

-Bandera
-Bastrop
-Bell
-Bexar
-Blanco
-Burleson
-Burnet
-Caldwell
-Collin
-Comal
-Coryell
-Dallas
-Denton
-Ellis
-Gillespie
-Guadalupe
-Hays
-Kendall
-Lampasas
-Llano
-McLennan
-Medina
-Milam
-Rockwall
-Tarrant
-Travis
-Williamson
-Wilson

Criminal Law in Austin

 

What are the types of criminal assault charges in Texas?

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.

When can someone be charged with domestic assault in Austin?

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 that person is in a dating relationship with.

Driving While Intoxicated in Austin

 

What is the legal limit for drunk driving in Austin?

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

What are the penalties for a DWI in Austin?

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 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
  • Additional 180 days of driver's license suspension

What should I do if I'm pulled over and accused of drunk driving?

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.

Should I fight my DWI?

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.

General Legal, Jail, and Court Procedures

 

What do I do if I'm arrested and put in jail?

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 bond or with an unsecured bond.

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

What rights do I have when police question me?

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 until you have an attorney present.

Many police offers will attempt to make you seem guilty or try and 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.

Do police have to read me my Miranda rights? What if they did not?

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

However, police are required to read you 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 knowledgable about your rights, and to always have a lawyer present during any questioning.

Call For Free Case Review
Scroll to Top