The Law Offices of Gary Churak P.C.

San Antonio

14310 Northbrook Drive #210
San Antonio, Texas 78232
San Antonio TX Criminal Defense Attorney

What Should I Do If I've Been Accused Of A Crime In Texas?

Being accused of a crime in the state of Texas can be an extremely stressful and overwhelming experience. It is important to remember that you have rights and there are steps you can take to protect yourself. Here are some important things to keep in mind if you find yourself in this situation.

1. Remain Calm

The most important thing to do when facing criminal accusations is to remain calm. It can be easy to feel overwhelmed and fearful, but it is important to stay level-headed and think clearly about the situation at hand.

2. Understand Your Rights

Before taking any other steps, you must understand your rights as an accused individual in Texas. These rights include the right to remain silent, the right to legal representation, and the right to a fair and speedy trial. Make sure you fully understand these rights and don't be afraid to exercise them.

3. Seek Legal Representation

It is highly recommended that you seek legal representation as soon as possible after being accused of a crime in Texas. A criminal defense lawyer will be able to guide you through the legal process, advise you on your options, and fight for your rights in court.

4. Avoid Speaking to the Police Without an Attorney

It is important to avoid speaking to the police without an attorney present. Anything you say can be used against you in court, so it is best to exercise your right to remain silent until you have legal representation.

5. Gather Evidence and Witnesses

If possible, gather any evidence or witnesses that can support your case. This may include documents, photos, or testimony from individuals who were present at the time of the alleged crime. Your lawyer will be able to advise you on what evidence is relevant and helpful.

6. Stay Informed

Stay up to date on any court dates, hearings, or important information related to your case. It is also important to keep in touch with your Texas criminal defense lawyer and follow their guidance throughout the legal process.

7. Be Honest

It is important to be honest with your legal representation and with the court. Lying or withholding information can only harm your case in the long run.

8. Consider Plea Bargains

If faced with overwhelming evidence against you, it may be beneficial to consider a plea bargain. This is an agreement between the prosecution and defendant in which the defendant pleads guilty to a lesser charge in exchange for a reduced sentence.

9. Prepare for Trial

If your case goes to trial, it is important to be prepared. Your lawyer will help you understand what to expect and how to present your case effectively.

10. Take Care of Yourself

Facing criminal accusations can be emotionally and mentally taxing. It is important to take care of yourself and seek support from friends, family, or a therapist if needed.

Being accused of a crime in Texas can be a daunting experience, but it is important to remember that you have rights and there are steps you can take to protect yourself. Seek legal representation, stay informed and honest, and take care of yourself throughout the process. With the right support and guidance, you can navigate this challenging situation and hopefully come out with a favorable outcome.

Remember to remain calm, exercise your rights, and seek help from a qualified attorney to effectively defend yourself against any criminal accusations. Hopefully, these steps will lead you towards justice and peace of mind as you continue to move forward. Remember, your innocence is always worth fighting for.

If you or someone you know is facing criminal accusations in the state of Texas, don't hesitate to seek legal advice and take the necessary steps to protect your rights and defend yourself. You do not have to face this alone. With the right guidance and support, you can navigate the legal system and hopefully come out with a positive outcome.

Stay informed and prepared, and trust in the justice system to help you seek truth and fairness. Being accused of a crime is not easy but remember that there is always hope for a better tomorrow.

 

How Do I Choose The Right Criminal Defense Attorney For My Case In Texas?

Choosing the right criminal defense attorney for your case in Texas is crucial to ensure a fair and effective defense. Here are some tips to help you make this important decision.

1. Look for Experience

One of the most important factors to consider when choosing a criminal defense attorney is their experience in handling cases like yours. You want someone who has a strong understanding of the Texas legal system and has successfully defended clients in the past.

2. Check their Reputation

Research the attorney's reputation by reading reviews, asking for references, and checking with local bar associations. A reputable lawyer will have a track record of satisfied clients and a good standing within the legal community.

3. Consider their Communication Style

It is important to choose an attorney who communicates effectively and regularly with their clients. This will help you stay informed about your case and ensure that your thoughts and concerns are heard throughout the process.

4. Evaluate their Availability

Make sure the attorney has the time and resources to fully dedicate to your case. It is important to have an attorney who is available to answer questions, provide updates, and attend court dates as needed.

5. Discuss Fees and Costs

Be upfront about discussing fees and costs with potential attorneys. It is important to have a clear understanding of their billing structure and any additional costs that may arise throughout the legal process.

By considering these factors and trusting your intuition, you can choose the right criminal defense attorney for your case in Texas. Remember, this decision could greatly impact the outcome of your case, so take the time to choose wisely.

With the right attorney by your side, you can feel confident in defending yourself against criminal accusations and seeking justice. So do not hesitate to reach out for legal representation when facing a criminal case in Texas. The law is on your side, and with the right support, you can defend your rights and move forward toward a better future.

Let justice prevail. Keep these tips in mind and trust in the legal system to help you navigate this challenging situation. Remember that you are not alone, and with the right attorney by your side, you can effectively defend yourself and seek a positive resolution for your case in Texas.

 

What Are The Possible Defenses Available In Texas Criminal Cases?

In Texas, several common legal defenses can be used in criminal cases. These include self-defense, lack of intent, alibi, and duress.

1. Self-Defense

Self-defense is a commonly used defense in assault or homicide cases. It asserts that the defendants acted to protect themselves from harm and believed they were in imminent danger.

This defense must be reasonable and not excessive.

2. Lack of Intent

In many criminal cases, the prosecution must prove that the defendant had a specific intent to commit the crime. If it can be proven that there was no intent to commit the crime, this can serve as a strong defense in court.

3. Alibi

An alibi is evidence or testimony that proves the defendant was not present at the scene of the crime when it occurred. This defense can be used if there is evidence or witnesses that can verify the defendant's whereabouts during the time of the alleged crime.

4. Duress

The duress defense argues that the defendant committed a crime under extreme pressure or threat of harm from someone else. It must be proven that the defendant acted out of fear for their safety or the safety of others.

Other possible defenses in Texas criminal cases include insanity, mistake of fact, and entrapment. It is important to discuss all possible defenses with your attorney to determine the best course of action for your case. Remember, it is up to the prosecution to prove your guilt beyond a reasonable doubt, and these defenses can help create doubt in the minds of the jury or judge.

In conclusion, it is crucial to seek the help of a qualified criminal defense attorney in Texas if you are facing criminal accusations. By understanding your rights and utilizing possible legal defenses, you can effectively defend yourself and hopefully achieve a positive outcome for your case.

Remember, justice is on your side and with the right support, you can navigate the legal system and seek a fair resolution. So do not hesitate to act and protect your future.

 

Is It Possible To Get Charges Dismissed Before Trial In Texas?

Yes, it is possible to get charges dismissed before a trial in Texas. This can happen through a variety of ways such as lack of evidence, improper handling or gathering of evidence, and even lack of probable cause for arrest.

However, it is important to note that each case is unique and the decision to dismiss charges lies with the prosecutor or judge overseeing the case. It is not a guaranteed outcome, but with the help of a skilled criminal defense attorney, it is possible to argue for the dismissal of charges.

One way to potentially get charges dismissed before trial is by filing a motion to dismiss. This can be done if there are valid legal grounds for dismissing the charges, such as lack of jurisdiction or a statute of limitations. Another option is negotiating with the prosecutor for a plea deal, which could result in reduced charges or even a dismissal of some charges.

Ultimately, the decision to dismiss charges lies with the discretion of the court and prosecution. It is important to have strong legal representation and build a solid defense to increase your chances of getting charges dismissed before trial. A skilled criminal defense attorney can assess your case and determine the best course of action to potentially achieve a dismissal of charges.

So, if you are facing criminal charges in Texas, do not hesitate to seek legal help and explore your options for getting charges dismissed before trial. Trust in your attorney's expertise and work together towards a positive outcome for your case. Justice is possible, even before trial, with the right legal support.

Keep in mind that even if charges are dismissed before trial, the case may not be completely over. The prosecution may choose to re-file charges or pursue other legal avenues. That's why it is important to have a skilled attorney by your side throughout the entire legal process. They can help guide you and protect your rights every step of the way.

In conclusion, while it is possible to get criminal charges dismissed before trial in Texas, it requires a strong legal defense and careful consideration of all available options. Trust in your attorney's expertise and work together towards achieving the best possible outcome for your case.

In the end, justice will prevail, and you can move forward toward a brighter future. So do not hesitate to seek legal help and defend your rights in the state of Texas. Let justice prevail.

Furthermore, it is important to remember that even if charges are not dismissed before trial, there is still a chance for acquittal or reduced sentencing during the trial itself. By working closely with a skilled defense attorney, you can effectively plead your case and seek a favorable outcome.

Always remember to exercise your right to remain silent and trust in the legal process. With determination and proper legal representation, justice can be served in the state of Texas. So do not lose hope and never give up fighting for your rights.

 

How Does The Attorney-Client Privilege Work, And How Does It Apply To My Case?

The attorney-client privilege is a legal concept that protects the confidentiality of communications between an attorney and their client. This means that any information shared between an attorney and their client cannot be disclosed without the client's consent, even in a court of law.

For the attorney-client privilege to apply, there must be an established relationship between the two parties. This means that you have hired an attorney to represent you in your legal matter and they have agreed to take on your case.

The purpose of the attorney-client privilege is to encourage open and honest communication between clients and their attorneys. This allows individuals to freely share information with their lawyer without fear that it will be used against them in court. It also allows attorneys to provide the best possible defense for their clients by having access to all relevant information.

In a criminal case in Texas, the attorney-client privilege applies to any communication between you and your defense attorney. This includes conversations, emails, text messages, written correspondence, and any other form of communication that occurs during your legal representation. It also applies to any information shared with your attorney's legal team or investigators working on your case.

It is important to note that the attorney-client privilege does have some limitations. For example, it does not protect communications if a client discloses plans to commit a future crime or seeks legal advice for an ongoing or past illegal activity. The privilege also does not extend to any information shared with third parties outside of the lawyer-client relationship.

In summary, the attorney-client privilege is a vital component of the legal system and plays an important role in ensuring fair and just representation for individuals facing criminal charges.

By understanding how it works and applying it to your case, you can work closely with your attorney to achieve the best possible outcome. So do not hesitate to seek experienced legal counsel and protect your rights under this important privilege in the state of Texas.

Keep in mind that the privilege also extends beyond just criminal cases and applies to all areas of law where attorney-client relationships are established. Trust in your attorney's expertise and use this important tool to aid in your defense.

 

 

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