Author Archives: Eric Benavides
Hiring an Out of County Attorney
Some people say you should never hire a Criminal Lawyer in Houston to handle a case in another county. The people who argue this usually say that it is better to hire someone who is well connected in the other counties court house. I think that is a complete myth, and that defendants should be more concerned about hiring someone that cares about them and about their case.Some people say you should never hire a Criminal Lawyer in Houston to handle a case in another county. The people who argue this usually say that it is better to hire someone who is well connected in the other counties court house. I think that is a complete myth, and that defendants should be more concerned about hiring someone that cares about them and about their case.
I have heard clients express concern over hiring out of town attorneys a ton of times. As a matter of fact I heard it today in my office. A lady (who lives in Houston) came in with a case in Galveston County and mentioned that she had met with a couple of Galveston attorneys. She mentioned that those Galveston attorneys both warned her not to hire a Houston Criminal Defense Attorneybecause they didn’t know the prosecutors and judges like they do.
I personally think that personal connections mean very little when it comes down to defending a criminal case. The attitude of the Galveston attorneys probably stems more from the fact that they are concerned that a lot of “their” cases are going to out of town attorneys. I have worked in more counties than I can remember and I honestly think the results of the cases have been fairly consistent with what I thought would happen on each case.
Each case is very fact specific, so it’s hard to give dismissal percentages, etc. But almost everyCriminal Lawyer in Houston will probably tell you that they have a gut feeling whether or not a case is getting dismissed or going to trial from the first time they hear the story. And I can honestly say that I do not think I have ever had a prosecutor treat a case unfairly because it was an “out of town” lawyer.
Bottom line, if you are charged with a crime it is your life, your record on the line. You need to go with the person who you feel the most comfortable with; the person who you think will fight to get you the best possible outcome. Not the person who you think is most likely to play golf with the judge.
The Importance of Requesting an ALR Hearing
As a Houston DWI Attorney, the biggest (and one of the most costly) mistakes I see is individuals waiting too long to hire an attorney. The problem is, when you are charged with DWI in the state of Texas you have 15 days to request an Administrative License Revocation (ALR) hearing. If you do not do this within the first 15 days, then your license is automatically suspended for a set number of days depending on certain factors.As a Houston DWI Attorney, the biggest (and one of the most costly) mistakes I see is individuals waiting too long to hire an attorney. The problem is, when you are charged with DWI in the state of Texas you have 15 days to request an Administrative License Revocation (ALR) hearing. If you do not do this within the first 15 days, then your license is automatically suspended for a set number of days depending on certain factors.
A Houston DWI Attorney can fax the Texas Department of Public Safety and request a live hearing for you. It is almost always better to have a live hearing as your attorney can subpoena the arresting officer to be there. Many times the officer does not show up and you win your license case automatically. A “win” in an ALR hearing simply means that DPS will not suspend your license.
If you procrastinate in hiring an attorney you MUST call DPS and request the hearing yourself. Once you hire an attorney, the attorney can call DPS and take the case over. The number to call to request the hearing is very simple to find. When you were arrested you should have received a paper called a “Temporary Driving Permit”, on the bottom of this page in the fine print will be the instructions and the number you must call.
If you lose your hearing, or never request it, you will have your license suspended and you will have to get an occupational license. You will also have to pay a reinstatement fee in order to get your license back at the end of the suspension period. Not acting quickly when you are charged with DWI ends up costing you more in the long run! So if you or someone you know are in the unfortunate position of being accused of DWI, contact a DWI Lawyer in Houston as soon as possible. Your license and your checkbook will thank you later.
Finding the Right Attorney for YOU!
Finding the right Criminal Lawyer in Houston is important to anyone with a pending case. I am a believer that no one attorney is right for every defendant. I think it is important to visit with at least a few attorneys and go with the person who you feel most comfortable with.Finding the right Criminal Lawyer in Houston is important to anyone with a pending case. I am a believer that no one attorney is right for every defendant. I think it is important to visit with at least a few attorneys and go with the person who you feel most comfortable with.
Every Houston Criminal Defense Attorney is different. Some are young, some are old, some are fit, and some not so much. But none of this matters as much as the gut feeling you get while talking to them. Unfortunately some people think 30 years of experience means someone is a better lawyer than 10 years of experience. The truth is, it is hard to know who is a good lawyer and who isn’t.
There are lawyers in Houston who haven’t even thought about taking a case to trial in 20 years and there are those who want to take every case to trial. Honestly, both types can be dangerous. You need to talk to a variety of lawyers, get a variety of opinions, and go with the person you feel is the most sincere in wanting to truly help you.
I know young attorneys who are awesome and some who are just starting. I know old attorneys who are awesome, and some who are burned out. A lawyer’s “stats” (40 years experience!) don’t necessarily tell you everything you need to know.
So bottom line, make sure you are diligent in your research, and make sure you meet with every lawyer you are interested in in person! If you can’t reach a lawyer when you are trying to hire them, how likely are you to be able to reach them when they are officially representing you? If you are arrested, it is definitely a stressful time, but I guarantee you that there is a Criminal Lawyer in Houston that is right for you!
10 things not to do on the road with alcohol in your system!
Every DWI Lawyer in Houston can tell you stories about clients that just set themselves up to get stopped. If you are reading this it might be too late, but you can pass it on to your friends. If you are driving and have had anything to drink at all (even if you are legally sober!) do not be dumb on the road!Every DWI Lawyer in Houston can tell you stories about clients that just set themselves up to get stopped. If you are reading this it might be too late, but you can pass it on to your friends. If you are driving and have had anything to drink at all (even if you are legally sober!) do not be dumb on the road!
As a Houston DWI Attorney I have a lot of potential cases come through my office, and I hear a bunch of stories about traffic stops and why the police pulled them over. I have also seen hundreds of DWI videos, and one common thing is that many of the initial traffic stops resulted from stupidity!
So here is a list of some things you shouldn’t do after drinking:
- Don’t “peel out” at a traffic light! I don’t care if you never got over the posted speed limit, and I don’t care how hot the girl in the next lane was, you are going to get pulled over!
- Don’t weave your steering wheel to the beat of the music!
- Don’t let your best friend stand up with his torso hanging out of the sunroof.
- Don’t tap your breaks over and over to try to make your vehicle “jump” to a beat
- Don’t drive with one leg hanging out of the window…
- Don’t drive naked
- Don’t road rage…who cares if the car in front of you just cut you off.
- Don’t forget to put on those license plates that showed up in the mail…
- Don’t flick a cigarette out the window with HPD right behind you…(sigh)
- Don’t forget to use your blinker…really…is it THAT HARD?
Again, it might be too late for you. But if you are feeling down and want a quick pick me up, ask the DWI Lawyer in Houston that you hired to tell you some stories. This job certainly can be entertaining…
Flat Fee vs. Per Appearance
I am a strong believer that no one should ever hire a Criminal Lawyer in Houston who charges per appearance. What I mean is a lawyer who charges you every time you go to court. If you are a defendant, and you are reading this, I mean the lawyers who tell you…”Just give me $200 every time we go to court”.I am a strong believer that no one should ever hire a Criminal Lawyer in Houston who charges per appearance. What I mean is a lawyer who charges you every time you go to court. If you are a defendant, and you are reading this, I mean the lawyers who tell you…”Just give me $200 every time we go to court”.
This is just wrong on many levels and in my opinion creates a huge conflict of interest. No competent Houston Criminal Defense Attorney would do this. These are the top 3 reasons I think you should never hire someone with this sort of pricing structure.
- Unnecessary resets – Sometimes cases can be won quickly. Many times I have shown up to court only to have a prosecutor tell me that they are leaning towards dismissing the case. It only takes a tiny bit of convincing and we get it done. An unethical lawyer who is getting paid per court date might not have any incentive to get a case thrown out fast. They could simply reset, and reset, and reset to make more money.
- Lawyer feel rushed – Now let’s assume it is a good lawyer trying to do their job. Sometimes cases take MONTHS to evaluate, gather evidence, etc. If you are a good lawyer in this situation then you want to finish your case as quickly as possible (since the client is paying per appearance and you don’t want them to think you are stalling), but it simply might not be possible. Again, you could end up paying more in the long run than you would have if you had only hired someone who charges you a flat fee.
- Results in more pleas – Lets face it, most clients who hire these types of lawyers don’t have that much money in the first place. So they might be sitting there in court with a very defendable case, but they plead guilty. Why, you ask? Because they don’t want to have to pay that lawyer to come back in 3-4 weeks….complete BS.
So save yourself the trouble and hire a Criminal Lawyer in Houston who charges a flat fee. Lawyers come in all sorts of shapes and sizes, and with all different kind of prices. I ALWAYS charge a flat fee that I feel is fair. The most important thing should be the case, not trying to make (or save) money.