About Ben Michael
I'm Ben Michael, and I've been practicing criminal defense law for over a decade. After trying thousands of cases, taking hundreds of cases to trial, and interacting with others in the legal community, I've pretty much seen it all.
Here's the difference you get with me:
- Your Peace of Mind Matters: Being charged with a crime is one of the most stressful things you can go through. That's why make it a point to explain everything and make
- Call / Text / Email Me Anytime: When I take on a case, I give you my personal cell phone number for you to call or text anytime day or night. That's the commitment I make to you. Other firms will pawn you off on secretaries and legal assistants. Not me - I'm here for you whenever you need me.
- I Fight as Hard as Possible: 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. When you sign on with me, I treat the case as if it were my own child being charged.
- 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
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.
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DUI / DWI
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Jail Release
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Drug Possession
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Assault & Battery
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Domestic Abuse
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Burglary
More Practice Areas
Theft Crimes
Sexual Assault
And Pretty Much Everything Else
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Trials
Hundreds of Happy Austin Clients
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.
Not Guilty
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: Client found Not Guilty 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
Frequently Asked Questions
About Michael & Associates
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.
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
We're licensed to practice throughout Texas, but we are currently only taking on cases in Travis and Williamson Counties.
Criminal Law in Austin
Texas law states that a person commits assault if they:
- intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
- intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
- 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 that person is in a dating relationship with.
Driving While Intoxicated 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.
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
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 not guilty or give up when charged with a DUI. Whether it's your first or third DUI, fighting it will almost always yield a better outcome for you.
General Legal, Jail, and Court Procedures
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.
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.
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:
- The right to remain silent
- The right to have an attorney present during questioning, and if you can't afford one, to have a court-appointed defense attorney
- 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.