Illegal Substance

Q: I was caught in the same vehicle where an illegal substance was found. It was not mine and I was unaware that my friend was distributing — will I be charged?

A: Generally this depends on the arresting officer as well as what the friend who’s vehicle it was testimony.

Pretrial Diversion Program

Q: What is pretrial diversion?

A: Pretrial Diversion is a program where a client admits guilt for the offense in exchange for an agreement that they will stay out of trouble for a period of time, perform class, community service, pay restitution if property damage or theft.  If these requirements are completed with no new cases picked up 6-12 month period the case will be dismissed and the state will waive the statute of limitations so you can expunge your case or have your records sealed as soon as the pretrial diversion is completed.

Q: Am I eligible?

A: Usually if your case does not involve a victim our firm can give you a treatment plan or a list of classes/courses, and a list of things you can do to make yourself a better candidate for Pretrial Diversion.

Bond Release Process

Q: Is an attorney able to get my loved one out of jail in Travis County?

A: Yes, I use my relationships that I’ve cultivated with judges and prosecutors in this county to get them to agree to release my clients out of jail based on our promise that we’re going to get you to court, we’re going to get you a treatment plan, we’re going to get you to work the case so that the judges trust us and know that we’re going to a good result and the judges will let you out of jail on a personal recognizance bond.

Q: What is a personal recognizance bond?

A: A PR bond is your promise to appear in court and if you do not appear then you get sued for the bond amount of the case.  A PR bond can include conditions such as curfew and electronic monitoring.


Q: What are some ways my DWI charge can get reduced?

A: If your blood alcohol level is under .15 and there wasn’t a collision involved, and the necessary classes are taken, the state is usually willing to reduce the charges to an obstruction of passageway.


Q: Is an electronic monitoring device required in a domestic violence case?

A: Whether you’ll be on a monitor as a condition of bond depends on the severity of the offense, the higher the bond amount and a victim who is not supportive of your release will normally mean that there will be a monitor. If the victim is supportive of release they judge might still require a monitor if there is a history of domestic violence or violent crime(s).


Q: What is the difference between a protective order and a restraining order?

A: A restraining order is something that comes out a civil court.  Whereas a protective order is normally filed in criminal court and is sought in a separate court hearing by the state and the victim.  An emergency protective order is a 60 day stay away order that can often times include a provision where you are allowed to have contact as long as the contact is not threatening or harassing.  A general stay away order is where there is no contact allowed period, this is often due to there being evidence that family violence has been committed or will be committed in the future.

Q: I have an outstanding warrant, how can I get it taken care of?

A: You can call our office and we’ll have you come down and fill out a blank personal bond.  Once this is completed we’ll get the bond signed by a judge. The next step is meeting someone from our team at the courthouse to sit with you in the bonding office for the duration of the walkthrough process.  Once everything is finished you get a court date and we then begin fighting your case.

What Our Clients Have To Say

Saved me!!

I hired Mr Gergen to handle 2 felony cases for me. Not only did he get me out of jail but he also got me into treatment as an option and I am now in recovery. Thank you! If you are willing to work for it, this is your guy!!


Best lawyer in Austin

I had a issue on where I had hired a lawyer prior to Benjamin, I had set bail with another lawyer who was too lazy to go to another municipal judge to sign off on it I was on a monitor, I then fired him and Benjamin came in. I am back with my family from the ankle monitor. Still fighting this case but hiring Benjamin is worth it, he’s straight up and forward. You don’t expect that from many lawyers. He’s great if your in Austin and get caught up on some bogus charges! Thanks Benjamin I will forever use you if I get into any other problems in life!

Joshua Pantoja

Great lawyer

Ben has done a great job on my case so far and I highly recommended him to any body that has a drug case in Travis county. His rates arecently more reasonable than anyone else I talked to and is getting better results than any other lawyer told me they could do for me. I hold him up very high and have given his cards to a bunch of my friends.

Greg Gizmo

The best a man can get!

Contacted, consulted, hired, Benjamin Gergen. Released, represented and resolved a criminal case. A life changing experience. Recommended by and to anyone in the Austin area as an Attorney extraordinaire. Thank you.


Hands down one of the best lawyer here in the ATX

Could not be any happier with my outcome very pleased with Mr Gergen, he is always happy easy going friendly and will make sure and with some luck anything is possible I highly recommend if you got a DWI contact him or his staff they are also very nice and helpful there always ready too give you answers for your questions!


Amazing guy

Benjamin was amazing. We hired him last minute. He moved quickly and helped my son on a charge that could have turned for the worse. He was referred to us from a previous client and we just feel so grateful. He is very communicative and genuinely wants to help. I highly recommend him, wholeheartedly!


Super great job Benjamin is

Benjamin is a Angel and an great attorney I hired him not one but twice and both times he fought a good one for me me already being down to prison 3× and an ugly Criminal record he kept me free on grounds I will always hire and refer everyone one to him and he is very honest he will tell you straight up what to expect and what not to expect I built family with Ben I respect this man to the max.


Best Attorney hands down

Benjamin is an awesome Attorney and I am very satisfied with the hard work he is putting in towards my case and makes me feel very confident when I walk in the court room with him representing me. He is very straight forward and treats me like family and because I was on time with all payments he even went out of his way to bond me out when I couldn't pay bond up front and I will never forget that. No Lawyer would ever do that for their client. Thanks Ben your the best!


Tough Case

So, I had a tough case and I expected a 5 to 10 year outcome...
Mr. Gergen got me 2. He's a genius and I would use him again in a heartbeat!


Super intelligent and very down to earth!

He treated me like a real person and not just a piece of paper in a folder.
I respect the effort he put in to listen to and work with my ideas about my case and Ben Gergen got me the outcome that I wanted! You ROCK Ben!


Exceptional and compassionate

Mr Gergen is a great lawyer who practices law with a deep sense of morality and ethics. He does not treat his clients as clients only but treat them as human and have a lot of compassion and care about the overall well being of his clients. He practices professionally, Has great insight into legal system plus he is a very good human being. Was lucky to come across such a great gentle man. God bless


A Great Lawyer

I have had a great opportunity to meet and hire Benjamin Gergen. He was very nice and treated me with the most respect he didn't just treat me like another client. I have not one bad thing to say about this man and I recommend him to everyone that has legal problems. He won't let you down.. Thanks Benjamin.

Erica Alvarez

Outstanding Criminal Defense Attorney

This lawyer assisted me in my Travis county criminal case. He carries himself in a very professional manner, and is very personable when you speak with him. He explained my legal issue in a manner that I was able to clearly understand. In addition, he planned an excellent strategy for my defense at court before he met me for the first time. He has gone above and beyond what other lawyers typically do for a client with my history in the criminal court. He treated me with respect and spoke to me "man to man". To him, I am not just another cause number or paycheck down at the court house. It is my opinion that he also observed the highest level of legal ethics as my counsel, and is not an attorney who simply agrees with the quick decisions of prosecutors who carry large caseloads and don't take time to fully examine the facts of each individual case. I recommend this attorney to my loved ones, and would use his services again if I need to. He will go the extra mile for his clients.