Meet Brian Benken

Brian Benken headshot
  • Criminal Defense: 30+ Years of Experience
  • Licensed Private Investigator
  • Former Assistant District Attorney for Harris County
  • Skilled and Compassionate Trial Attorney

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Case Results

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CHARGE(S): Aggravated Assault
(State vs. Stormy C.)
Not Guilty
CHARGE(S): Sexual Assault
(State vs. Gilberto G.)
Not Guilty
CHARGE(S): Murder
(State vs. Jarret G.)
Not Guilty
  • Texas ASSN. of Licensed Investigators, Founded 1971

    Texas ASSN. of Licensed Investigators

    Founded in 1971, TALI is steeped in history and continues to be the pace-setter for the private investigation industry.
  • Harris County Criminal Lawyers Association

    Harris County Criminal Lawyers Association

    The HCCLA Mission Is to Assist, Support, and Protect the Criminal Defense Practitioner in the Zealous Defense of Individuals and Their Constitutional Rights.
  • Texas Criminal Defense Lawyers Association

    Texas Criminal Defense Lawyers Association

    TCDLA provides support and education to criminal defense lawyers in Texas. It is an affiliate of the National Association of Criminal Defense Lawyers.
  • Houston Bar Association, 1870

    Houston Bar Association

    Established in 1870, the Association’s purpose was to maintain high standards in the legal profession and provide legal education for Harris County attorneys.
  • National Association of Criminal Defense Lawyers

    National Association of Criminal Defense Lawyers

    The National Association of Criminal Defense Lawyers (NACDL) is an American criminal defense organization.

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    1545 Heights Blvd. Suite 900 Houston, TX 77008
    (713) 223 - 4051 Get Directions

    Criminal Defense In Houston, TX

    The Benken Law Firm takes pride in providing clients with a full-service approach to fighting serious criminal charges and has been passionately defending the accused for over 30 years. For those living in Harris County and all surrounding counties in Texas, Benken Law Firm will uphold your unalienable rights, ensuring that you fully understand the criminal process and that you are never vulnerable against unjust or false allegations during court proceedings.

    With over three decades of experience acting as a criminal law attorney, a private investigator, and a former prosecutor, Brian Benken has unique skills that grant him the foresight to recognize what’s coming, and the ingenuity to develop a fortified defense that will undoubtedly triumph in a court of law. His ability to filter through cases and pick out important, verdict-altering details, are unmatched. In addition, his persistence in digging into your case assures that no crucial detail will ever lay hidden or overlooked.

    Besides being a well-accomplished Houston criminal defense attorney, Benken is widely knowledgeable, detail-oriented, and, most importantly, honest and diligent. He takes pride in offering his clients his full, undivided attention to guide them in the right direction. After years spent building up his reputation as a reliable advocate, he’s able to utilize his experience and skills to their fullest to uncover crucial facts that may just be the exact shots needed to get your case dismissed.

    Benken Law’s practice areas include:

    Regardless of a case’s severity, everyone deserves quality legal representation when wrongfully accused. If your case falls under any of these categories, feel free to click the links to access additional information or call (713) 223 - 4051 to discuss your legal options.

    Under Benken Law, you will never feel unprepared or underrepresented. Brian Benken happily answers any questions you may have throughout the process and thoroughly listens and responds to any client’s concerns. Do not hesitate to communicate. Call (713) 223 - 4051 to take the first step in building your defense.

    Don’t Panic

    Many people’s first response to being arrested or investigated for a crime is to panic. Being accused of a criminal offense can be overwhelming, confusing, and incredibly scary.

    It’s important to remember, however, never to speak in an attempt to defend or explain yourself without a lawyer present. You may seek to avoid an arrest or investigation entirely by speaking to law enforcement personnel, but it’s in your best interest to withhold an explanation to ensure that you are not at risk of delivering contradictory or potentially incriminatory information. Remain polite, but remember, you are innocent until proven guilty by law, and you have a right to remain silent.

    The Benken Law Firm is here to help you if you are in dire need of criminal defense and seek to avoid incriminating yourself while in a state of high stress. With Benken Law, you will not continue to deal with law enforcement alone. Benken will fight vigorously to ensure that your accidental remarks do not guarantee harsher penalties.

    Protect Your Livelihood

    A criminal conviction, ultimately, is life-changing. If you’re here, you may already understand the seriousness of the charges against you.

    Besides prison time and expensive fees, a single criminal conviction can cause employment struggles, college rejections, deportation, license suspensions, housing restrictions, and other long-term consequences. In that manner, any criminal conviction can become a life sentence. As such, it’s important to deal with all criminal convictions seriously.

    The sooner you gain legal representation, the better your chance of a more favorable outcome in court. Brian Benken will listen to your story and develop a defense that is catered to your specific case.

    Take action and put your case in the hands of a dedicated, disciplined, and responsive Harris County criminal defense attorney with proven results. The risks of dealing with criminal charges on your own far outweigh the cost of hiring legal representation.

    Don’t delay. If you live in Harris County or any surrounding county, call Houston criminal defense lawyer Brian Benken at (713) 223 - 4051.

    The Next Steps After An Arrest in Texas

    First Court Appearance (Preliminary Arraignment)

    You will appear before a judge within 48 hours after an arrest. Here, the judge will inform you of your charges and whether there is an affidavit, or sworn statement, supporting those charges. The judge will also reiterate your rights; listen closely.

    Then, the judge will set a bail bond, which grants you the opportunity to be released from jail for a certain expense. If you are unable to pay this bail, you must remain in jail.

    Before beginning the next step, your prosecutor must file your charge within a certain deadline, otherwise known as a statute of limitations. This deadline changes depending on the crime committed and whether or not the bail bond could be paid.

    If a criminal charge is filed by your prosecutor within your crime’s statute of limitations, you must proceed with arraignment. If not, you can be released from jail and/or your case can be dismissed.

    Formal Arraignment

    During a formal arraignment, a judge will read your official (filed) charges aloud, and you will be requested to enter a plea. Unlike a preliminary arraignment, an attorney may be present during this time (and before) to discuss your options. Viable pleas include:

    • Guilty
    • Not Guilty
    • No Contest (Nolo Contendere)


    During the pre-trial period, a skilled defense attorney can help you reduce your charges, reduce your bail, suppress evidence or testimonies, negotiate with your prosecutor, and address any legal issue via several pre-trial procedures, including:

    • Bail/Bond Reduction Hearings – to reduce a bond
    • Suppression Hearings – to justify the removal of evidence or a statement from a trial by claiming that an improper search, seizure, or statement was made
    • Discovery – to exchange information about a case between the prosecutor and defendant
    • Plea Negotiations – to negotiate for a more lenient sentence in exchange for a guilty or no contest plea

    If you and your prosecutor don’t reach an agreement via plea negotiations, the trial proceeds as scheduled.


    There are two types of trials that you may choose between:

    • Jury Trial – a jury will help determine your guilt/innocence and punishment
    • Judge Trial – a judge will determine your guilt/innocence and punishment

    An attorney can help you navigate the pros/cons of each and help determine the best decision for you.

    Then, the trial begins. A criminal defense attorney will fight on your behalf, presenting a case that counters your prosecutor and that attempts to convince the judge and jury (if applicable) that you are innocent and/or deserve reduced charges. Then, a decision is made.

    It should be noted that, unless you previously waived your right to appeal, you may appeal your conviction and file a motion for another trial if it is beneficial and applicable to your situation. Always discuss such decisions with your criminal defense attorney to determine the best course of action.

    Houston Criminal Defense Attorney | Harris County, TX

    As you can see, criminal defense attorneys are actively involved throughout the criminal process. It is paramount that you locate and contact a reliable criminal defense lawyer that you can depend on to keep you informed, prepared, and protected no matter the circumstance.

    Contact Brian Benken at (713) 223 - 4051 if you live in Harris County or any surrounding county in Texas. He is a dedicated advocate you can trust to calmly and comprehensively walk you through the criminal process while fighting strongly on your behalf.

    (713) 223 - 4051
    Benken Law