Defending Clients Throughout El Paso County
Being charged with a crime in Texas is a serious matter and a conviction can have lasting consequences, not the least of which is the loss of your freedom. Most of these are not even from the sentence imposed, but rather are called Collateral Consequences — legal restrictions prohibiting individuals with criminal records from accessing opportunities such as employment, occupational licensing, housing, voting, and education. With so much to lose, it is crucial to have experienced and aggressive legal representation.
Located in El Paso, the Benjamin Law Firm handles an array of state and federal criminal charges. Founding attorney Brock Benjamin is Board Certified in Criminal Law by the Texas Board of Legal Specialization. This is a testament to Brock’s substantial experience in criminal law and his demonstrated special competence in trying criminal cases. As a former prosecutor, he has first-hand knowledge of the tactics the government uses to gain convictions, which gives our firm a distinct advantage in designing defense strategies.
We have a proven track record of successfully defending clients against a wide range of criminal offenses, including:
- Drug Crimes
- Domestic violence
- Sex crimes
- Fraud/White Collar Crime
When your freedom is at stake, the Benjamin Law Firm will vigorously fight to protect your rights, preserve your freedom, and help to restore your reputation.
Criminal Defense Strategies
At the Benjamin Law Firm, we know that a successful criminal defense strategy hinges on thorough preparation, investigation and evidence collection. We start by identifying and interviewing witnesses — including the arresting police officers — and obtaining and reviewing the police report to detect potential errors or misconduct by law enforcement. There may have been Miranda violations — the police failed to read you your rights, for example — or evidence may have been seized from your home or car without a proper search warrant. In today’s world, the seizure may have also been by a Title III wiretap of your phone or a Global Positioning Device (GPS) placed on your vehicle. Brock Benjamin has challenged wiretaps and other forms of police asset forfeiture in federal court in both El Paso, Texas and Las Cruces, New Mexico.
Based on this pretrial work, we may be able to have the charges dismissed or, in the alternative, move to have evidence suppressed, greatly increasing your chances of a successful outcome at trial. When necessary, we also collaborate with a team of independent investigators and experts to collect, identify and preserve evidence so that we can better challenge laboratory results and other forensic evidence the state intends to use against you. Additionally, we use our legal writing skills to prepare and file all the required legal motions.
At trial, we will assert any and all defenses — starting with your innocence. Often, the strongest line of defense is to have an alibi — proof that you were not at the scene when the alleged crime was committed. It may also be possible to show that you were the victim of mistaken identity — studies have shown that eyewitnesses are not very reliable.
We will attack the prosecution’s case by questioning the validity of the evidence, strategically cross-examining the government’s witnesses, having our own witnesses testify, and presenting other evidence refuting the prosecution’s claims. Although our objective is to have the charges dismissed or to win an acquittal at trial, we will be upfront about the prospects of your case and advise you of all your options. Depending on the circumstances, we may be able to negotiate a plea bargain. If you are convicted, we will determine whether mistakes by the prosecution or the judge are grounds for an appeal. Mr. Benjamin has argued several federal appeals and has a published case United States v. Porter. Above all, we will always put your best interests first and work tirelessly to protect your rights.
Federal Criminal Defense
Federal criminal charges also pose serious consequences such as imprisonment, fines, and the loss of many of your civil rights. The Benjamin Law Firm is highly experienced at handling federal crimes such as:
- Drug crimes- Possession With Intent to Distribute
- Bank and securities fraud
- Credit card fraud
- Insurance fraud
- Medicare/Medicaid fraud
- Tax fraud
- Firearms and weapons charges — 18 U.S.C. § 922(g) or 18 U.S.C. § 924(c)
- Cyber crimes
- Child Pornography
- Immigration crimes
- Racketeer Influenced and Corrupt Organizations Act (RICO) violations
It is important to note that in the federal court system, there are statutory guidelines that are used to determine a starting point for sentences. However many drug crimes and some others have mandatory minimum sentences that must be evaluated early on to determine how to best mount a defense. These can determine a sentence that can be unjustly harsh unless they can be negotiated away. Judges have a lot of discretion when it comes to handing out sentences while prosecutors typically seek the highest possible penalties. By working with a seasoned criminal defense attorney, you can level the playing field against the power of the federal government.
The Benjamin Law Firm has frequently fought mandatory minimum sentences in federal cases, particularly involving drug crimes. We have helped clients avoid their harsh consequences without having to resort to cooperation or substantial assistance by being able to spot flaws in the Government’s case and litigating that issue. In a recent drug case, for example, we filed a motion to suppress (a request for the court to throw out evidence based on the illegal action of the police/ agents). Our strategy was not necessarily to win the suppression, but rather to encourage the prosecution to file a criminal information that would remove the 10-year mandatory minimum sentence.
The filing of that motion was based on a minor technicality that was identified after we thoroughly reviewed the discovery and found the state’s actions that did not meet a required timeline. While the motion to suppress was not subsequently heard, we were given the opportunity to plea to an information, thereby reducing the penalties. The defendant was able to escape the mandatory minimum sentence and not required to cooperate with the Government under a 5K1.1 agreement to do so.
El Paso County Criminal Defense Attorney
Whether you are facing state or federal, misdemeanor or felony charges, the Benjamin Law Firm knows how to build the best line of defense. We are keenly aware that a prison sentence is a frightening prospect and the impact on your future can be dramatic. When the odds are stacked against you, we know how to balance the scales of justice.
Trying cases is our specialty, and we will leverage our well-honed courtroom skills to mount an aggressive attack against the prosecution’s case. By working with a Board Certified criminal defense attorney like Brock Benjamin, you can rest assured that a dedicated advocate is in your corner, working to preserve your freedom. Call our office today or complete the convenient online contact form to set up a consultation. We serve all of Texas including El Paso County, Anthony, Clint, Horizon, and San Elizario. Se Habla Espanol.