Why Choose Benavides Law Group?
When you're facing criminal charges in Houston, the attorney you hire can make all the difference. At Benavides Law Group, we approach every case with one goal: to protect your record, protect your future.
Eric Benavides has defended clients in Harris County courts since 2008, spending five days a week in criminal courtrooms fighting for dismissals, reductions, and not guilty verdicts. When you hire our firm, you work directly with Eric—no bait-and-switch, no handing your case off to a junior associate who's still learning the ropes.
Reputation and ResultsEric is one of the few criminal defense attorneys in Texas named a 2020 Super Lawyers Rising Star and has earned the distinction of holding the ACS Forensic Lawyer-Scientist Designation as recognized by the Chemistry and the Law Division of the ACS. He's been recognized as a top lawyer in Houston by Houstonia and H-Texas magazines, and he holds a perfect 10.0 rating on AVVO where he currently has 100% positive client reviews.
We've built our reputation on results:
- Hundreds of dismissed cases where charges never made it to trial
- Multiple not guilty verdicts delivered by juries who saw through weak evidence
- Multiple evidence suppression victories granted by judges who recognized constitutional violations
- Multiple no-bill victories in front of grand juries who refused to indict
But credentials only matter if your attorney actually communicates with you. We keep you informed at every stage of your case, answer your questions promptly, and explain your options in plain English—not legal jargon. Our team is bilingual, compassionate, and phones are answered 24/7 because we know arrests don't happen on a convenient schedule.
Training That Strengthens Your Defense
What sets us apart? Eric also brings training that many criminal defense attorneys don't have. He's NHTSA-certified in standardized field sobriety testing, meaning he understands exactly how police are trained to conduct DWI investigations and where they cut corners. He's one of only 117 attorneys worldwide designated as an ACS-CHAL Forensic Lawyer-Scientist, a credential focused on challenging blood-alcohol testing in DWI cases. He's also a graduate of the Texas Criminal Defense Lawyers Trial College in Huntsville, where Texas attorneys learn advanced trial strategy from some of the state's best defense lawyers.
Call (713) 222-2828 for a free, confidential consultation. Se habla español.
Recognition
Eric Benavides has received various awards recognizing his expertise in the criminal field, including the prestigious Super Lawyers Rising Star.
- Recently named a Texas 2020 SUPER LAWYERS RISING STAR. Only 2.5% of all attorneys in the State of Texas are named Super Lawyers Rising Stars
- H-Texas Magazine Top Criminal Lawyers in Houston for various years
- Houstonia Magazine Top Lawyers in Houston for various years
- Rated a perfect 10.0 by AVVO
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I take pride in listening to my clients, and doing whatever it takes to protect them, protect their record, and protect their future. I will fight for you!
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What to Do After an Arrest in Houston
The time immediately following an arrest can impact the outcome of your case. What you say, what you consent to, and how quickly you involve an attorney can make a difference in the prosecution’s case and your defenses. These steps protect your rights and can put you in a stronger position.
Stay Silent and Request a Lawyer Immediately
The moment police read you your Miranda rights, exercise them. Many people believe they can talk their way out of an arrest or clarify a misunderstanding, but this almost never works. Anything you say becomes evidence the State can use against you, even if you think you're helping your case.
Politely tell the officer: "I want to speak with a lawyer." Then stop talking. Police may continue asking questions, suggesting that cooperation will help you, or implying that requesting a lawyer makes you look guilty. Ignore all of it. Your silence cannot be used against you in court, but your words can.
Don't Consent to Searches
If police ask to search your vehicle, your home, or your phone, you have the right to refuse. Saying "I do not consent to a search" does not give officers probable cause to search anyway, but if they search without your consent, without probable cause, or without a warrant, anything they find may be suppressible in court.
If officers search despite your refusal, do not physically resist. State clearly that you do not consent, then let your attorney challenge the search later.
Document Everything You Remember
As soon as you're able, write down everything you remember about the arrest: what time it happened, where you were, what the officer said, whether you were read your rights, how the officer behaved, and whether any witnesses were present.
If police took your phone, vehicle, or other property, note what was taken and when. If you were injured during the arrest, photograph the injuries and seek medical attention—those records may become evidence.
Avoid Social Media and Public Statements
Do not post about your arrest on Facebook, Instagram, Twitter, or any other platform. Do not discuss your case with friends, coworkers, or family members. Prosecutors routinely subpoena social media records, and casual posts like "I wasn't even that drunk" or "I didn't know that was illegal" can hurt your defense.
Even private messages may not be safe from discovery. Save all case-related communication for conversations with your attorney, which are protected by attorney-client privilege.
Call a Criminal Defense Attorney As Soon As Possible
The earlier you involve an attorney, the stronger your defense becomes.
In Texas, you generally must request an ALR hearing within 15 days of receiving or being served the suspension notice, or the suspension becomes automatic. If the notice is mailed later, commonly after a blood test, the deadline is 20 days from the date the notice is mailed.
In other cases, early involvement allows your attorney to preserve evidence, interview witnesses while memories are fresh, and begin building a defense strategy before prosecutors lock into a position.
Featured Testimonial
Let me begin by saying Mr. Eric Benavides is worthy of 10 Gold Stars, if you choose him to represent you I don’t think you will be disappointed. I was not familiar with the process of how to obtain the services of a good lawyer because I had not been in a situation that required a lawyer. I recently had a charge in Harris County for Family Domestic Violence and what made the situation worse was the fact that I lived in Louisiana. I surfed the web and found some favorable reviews on Eric Benavides so I decided I would give him a try. I am so glad that I chose Eric because I initially consider a few other lawyers. Eric got my information and started on my case right away, I only had to make two appearances in court before Eric got my case DISMISSED!!! He kept me from having to make multiple trips that would have cost me a lot of driving and working time. I cannot thank him and his staff enough, every time I called for an update on my case I was able to speak with a Live Voice (that’s really important to me) his office staff was very friendly and showed a genuine concern for my case. He always returned my calls and he did exactly what we told me he would do. Let Eric Benavides represent you, you want be sorry.
- CHEVY M.
Fair Pricing
You Will Know Up Front Exactly How Much The Case Is Going To Cost You.
No Hourly Fees
No “Per Court Date” Fees
Absolutely No Hidden Charges
How the Criminal Defense Process Works in Harris County
Knowing what happens after an arrest puts you back in control. While every case follows a unique path depending on the charges, the evidence, and the court assigned, most criminal cases in Harris County move through these stages.
Arrest and Booking
After arrest, you're transported to a Harris County jail facility for booking. Officers take your fingerprints, photograph, and personal information, then process you into the jail system. Depending on the charge and the time of arrest, you may be held until a magistrate can see you.
During booking, police may attempt to question you again. Do not answer questions without an attorney present, even if the questions seem routine or harmless.
First Appearance and Magistrate Hearing
In Texas, after an arrest you must be brought before a magistrate without unnecessary delay, and no later than 48 hours after arrest. At that hearing, the magistrate informs you of the accusation and your rights, and bail is addressed if you’re eligible for release.
Bail amounts vary based on the charge, your criminal history, and whether the court views you as a flight risk. If you cannot afford bail, the court may consider reducing it or releasing you on a personal recognizance (PR) bond, which requires no upfront payment. A defense attorney can advocate for lower bail or PR bond release at this stage.
Formal Charges and Arraignment
After the magistrate hearing, prosecutors review the case and decide whether to file formal charges.
At arraignment, the judge reads the formal charges against you and asks how you plead. Most defendants enter a "not guilty" plea at this stage, preserving all options while their attorney investigates the case.
The court then sets future hearing dates, and your attorney receives the initial discovery (evidence the State plans to use) and begins reviewing police reports, witness statements, and any video or audio recordings.
Pre-Trial Motions and Evidence Review
This is where most of the legal work happens. Your Houston defense lawyer may file motions to suppress evidence obtained through illegal searches, challenge unreliable witness identifications, or dismiss charges based on insufficient evidence.
Your attorney also may negotiate with Harris County prosecutors, presenting weaknesses in the State's case and advocating for reduced charges or dismissal.
Plea Negotiations
If the evidence supports negotiation, your attorney works to secure the best possible outcome based on the facts, whether that's a dismissal, a reduction to a lesser charge, deferred adjudication, or probation instead of jail time.
You decide whether to accept the State’s offer. Your attorney's job is to explain the risks and benefits of each option so you can make an informed choice about your case.
Trial (If Necessary)
If negotiations fail or the State refuses to offer anything reasonable, the case proceeds to trial. You choose between a bench trial (decided by a judge) or a jury trial (decided by 6 or 12 jurors, depending on the charge).
At trial, the State must prove every element of the charge beyond a reasonable doubt. Your attorney cross-examines witnesses, challenges evidence, and presents a defense strategy designed to create reasonable doubt.
Post-Conviction or Dismissal
If your case is dismissed, you may be eligible for expunction, which erases the arrest from your record entirely. If you're convicted, your criminal defense attorney may negotiate sentencing recommendations, appeal the conviction, or help you pursue record sealing after completing probation.
Every case is different, and timelines vary based on court schedules, evidence complexity, and whether the case goes to trial. Eric Benavides walks you through each stage, answers your questions, and fights to protect your record at every turn.
Defending Clients Across Houston and Harris County
Benavides Law Group is located at 2180 N Loop W #310, just off Loop 610 in northwest Houston. Our office serves clients throughout Harris County, from downtown Houston's criminal courthouses to suburban communities along the Beltway, I-10, I-45, and US-59.
Harris County's criminal justice system handles thousands of cases each month, and navigating it without experienced representation puts your future at risk. We represent clients arrested anywhere in the Greater Houston area. Whether you were stopped on the Katy Freeway, pulled over near the Galleria, arrested in Midtown, or charged after an incident in Pasadena, Humble, or Katy, we are here to protect your fundamental rights through each stage of the criminal justice process.
Our team is fluent in both English and Spanish, and we understand the concerns of Houston's diverse communities. Whether you're a long-time resident, a recent transplant, or someone visiting Houston when trouble found you, we provide the same aggressive, personalized defense to every client.
FAQs
Contact Us TodayWhat should I do immediately after being arrested in Houston?
Stay silent, request a lawyer, and do not answer police questions without legal representation. Even if you believe you can explain the situation, anything you say becomes evidence against you. Write down everything you remember about the arrest as soon as possible, avoid posting on social media, and contact a criminal defense attorney as soon as possible.
Do I need a lawyer for a misdemeanor charge in Houston?
Yes. Misdemeanors carry jail time, fines, and a permanent criminal record that affects employment, housing, and professional licenses. Representing yourself leaves you vulnerable to outcomes you could have avoided.
Can a lawyer get my criminal charges dismissed or reduced?
Dismissals and reductions depend on the evidence, the circumstances of your arrest, and how aggressively your attorney challenges the State's case. Our firm has secured hundreds of dismissals and multiple not guilty verdicts for clients across Harris County.
Should I talk to the police without an attorney present?
No. Harris County Sheriffs and Houston police are trained to extract statements that support arrests and convictions, even if you believe you're clarifying a misunderstanding. You have the constitutional right to remain silent and request a lawyer. Your silence cannot be used against you in court, but your statements can. Even seemingly innocent answers like "I had two beers" or "I didn't see the stop sign" strengthen the prosecution's case.
What's the difference between a felony and a misdemeanor in Texas?
In Texas, misdemeanors are less serious offenses handled in local courts and are split into Class A, B, and C. Class A misdemeanors carry up to 1 year in county jail and up to a $4,000 fine; Class B is up to 180 days and up to $2,000; and Class C is typically fine-only (up to $500).
Felonies are more serious charges and can carry prison or state jail sentences ranging from 180 days to life (and in rare cases, a capital case can lead to life without parole or the death penalty).
A felony conviction can also create longer-lasting consequences, like restrictions on firearm possession under state and federal law, and limits on voting until your sentence is fully completed, and it often makes employment and housing more difficult.
Will a conviction stay on my record, or can I get it expunged or sealed?
Convictions remain on your record unless you qualify for expunction or non-disclosure (record sealing). Expunction erases the arrest entirely and is available if charges were dismissed, you were acquitted, or you completed certain pretrial diversion programs. Non-disclosure seals records from public view but leaves them accessible to law enforcement and government agencies. Eligibility depends on the charge, how your case was resolved, and whether you have prior convictions.
Can I be convicted of DWI in Texas without a breathalyzer or blood test?
Yes. Texas law allows DWI convictions based solely on an officer's observations, such as slurred speech, bloodshot eyes, unsteady balance, or poor performance on field sobriety tests. Prosecutors argue these signs demonstrate intoxication even without chemical testing. An experienced DWI attorney can cross-examine the officer's observations, highlight inconsistencies, and create reasonable doubt about impairment.
What is an ALR hearing, and why does it matter for DWI cases?
An Administrative License Revocation (ALR) hearing is a separate civil proceeding that determines whether your driver's license will be suspended after a DWI arrest.
You generally must request an ALR hearing within 15 days of receiving or being served the suspension notice, or the suspension becomes automatic. If the notice is mailed later, commonly after a blood test, the deadline is 20 days from the date the notice is mailed.
The ALR hearing allows your attorney to challenge the legality of the traffic stop, the administration of chemical tests, and whether probable cause existed for arrest.
What's the difference between deferred adjudication and regular probation in Texas?
Deferred adjudication means you plead guilty or no contest, but the court does not enter a conviction. Deferred adjudication offers a path to a cleaner record, but it's not available for all charges, and violating the terms results in conviction and sentencing.
Regular probation follows a conviction, and even if you complete probation, the conviction remains on your record permanently. If you complete probation successfully, the case is dismissed, and you may qualify for record sealing.
Can I be arrested for DWI in Texas if I wasn't driving?
Yes. Texas law defines "operating" a vehicle broadly. You can be arrested for DWI while sitting in a parked car if the keys are in the ignition or within reach, even if the engine is off. These cases are highly fact-dependent, and an attorney can challenge whether you were actually "operating" under Texas law.
What should I do if I have an outstanding warrant in Houston?
Contact a criminal defense attorney before turning yourself in. Your attorney can look up the warrant, explain the charges, and often arrange a voluntary surrender where you turn yourself in with your lawyer present and request bond immediately. This avoids the unpredictability of being arrested at home, at work, or during a traffic stop.
Will hiring a private attorney make a difference compared to using a public defender?
Public defenders are skilled attorneys, but they handle hundreds of cases simultaneously, which may make it difficult to give each case the attention it deserves. A private criminal defense attorney like Eric Benavides works directly with you, investigates your case thoroughly, files strategic motions, and negotiates aggressively on your behalf. You receive personalized attention, regular communication, and a defense strategy tailored to your specific circumstances.