Frequently Asked Criminal Defense Questions and Answers

Can I file a writ myself in Texas?
Can I file a writ myself in Texas?

Click for Gary Churak's Answer

What will my boyfriend get for assault on family member/impede breath? Will he be able to be bonded out?
What will my boyfriend get for assault on family member/impede breath? Will he be able to be bonded out?

Click for Gary Churak's Answer

What does a verdict of not guilty mean in Texas?
What does a verdict of not guilty mean in Texas?

Click for Gary Churak's Answer

How long does a deferred adjudication stay on your record?
How long does a deferred adjudication stay on your record?

Click for Gary Churak's Answer

Do Breath Test Operator's need to be licensed or certified?
Do Breath Test Operator's need to be licensed or certified?

Click for Gary Churak's Answer

So it is possible to be arrested for a DWI even if I smoked marijuana 3 days ago?
So it is possible to be arrested for a DWI even if I smoked marijuana 3 days ago?

Click for Gary Churak's Answer

Can a Judge extend probation in Texas?
Can a Judge extend probation in Texas?

Click for Gary Churak's Answer

Do I qualify for a public defender based on my income?
Do I qualify for a public defender based on my income?

Click for Gary Churak's Answer

Can Someone Refuse If The Officer Asks Them To Take The Breath Test?
Can Someone Refuse If The Officer Asks Them To Take The Breath Test?

Click for Gary Churak's Answer

Are there any differences in the procedural handling or the timeframe of resolution?
Are there any differences in the procedural handling or the timeframe of resolution?

Click for Gary Churak's Answer

Why Can A Public Defender Not Spend A Lot Of Time On A DWI Case?
Why Can A Public Defender Not Spend A Lot Of Time On A DWI Case?

Click for Gary Churak's Answer

What are the Driver’s License implications for a drug related DWI?
What are the Driver’s License implications for a drug related DWI?

Click for Gary Churak's Answer

Is Hiring A DWI Attorney Worth It And How Can Not Hire A DWI Attorney Be The Biggest Mistake Of Someone’s Life?
Is Hiring A DWI Attorney Worth It And How Can Not Hire A DWI Attorney Be The Biggest Mistake Of Someone’s Life?

Click for Gary Churak's Answer

Should I represent myself in Texas on criminal charges?
Should I represent myself in Texas on criminal charges?

Click for Gary Churak's Answer

Should Someone Attempt The Breath Test?
Should Someone Attempt The Breath Test?

Click for Gary Churak's Answer

If there are 3 or 4 passengers in car and marijuana is found by an officer, will they all be charged with possession?
If there are 3 or 4 passengers in car and marijuana is found by an officer, will they all be charged with possession?

Click for Gary Churak's Answer

I got a DWI DUI in 2014 and got it dismissed thru veterans treatment court now I have another one does his mean it's 1st DWI DUI??
I got a DWI DUI in 2014 and got it dismissed thru veterans treatment court now I have another one does his mean it's 1st DWI DUI??

Click for Gary Churak's Answer

Can a person be charged with both DWI And possession?
Can a person be charged with both DWI And possession?

Click for Gary Churak's Answer

How can an attorney mitigate the DMV penalties?
How can an attorney mitigate the DMV penalties?

Click for Gary Churak's Answer

What can I do when the country court clerks office will not give me a letter.stating there is no record found.
What can I do when the country court clerks office will not give me a letter.stating there is no record found.

Click for Gary Churak's Answer

How long does it take to process when you turn yourself in for an MTR warrant?
How long does it take to process when you turn yourself in for an MTR warrant?

Click for Gary Churak's Answer

If there is a prescription form for the drugs found in a car, can both DWI and possession charges be beaten?
If there is a prescription form for the drugs found in a car, can both DWI and possession charges be beaten?

Click for Gary Churak's Answer

What if a person is not on drugs and simply has drugs in his car; will he be charged with a DUI or possession?
What if a person is not on drugs and simply has drugs in his car; will he be charged with a DUI or possession?

Click for Gary Churak's Answer

Question on Texas Code 11.07 and its process
Question on Texas Code 11.07 and its process

Click for Gary Churak's Answer

How Can Someone Hear Not Guilty Or Case Dismissed On A DWI Case?
How Can Someone Hear Not Guilty Or Case Dismissed On A DWI Case?

Click for Gary Churak's Answer

Can I get charged for spanking my child?
Can I get charged for spanking my child?

Click for Gary Churak's Answer

Driving in possession of marijuana, can I be charges with DWI?
Driving in possession of marijuana, can I be charges with DWI?

Click for Gary Churak's Answer

He went to school the next day and said me and my wife beat him and the school called the police. We were arrested...
He went to school the next day and said me and my wife beat him and the school called the police. We were arrested...

Click for Gary Churak's Answer

How Can Someone Fight A DUI If They Confessed To Having Just Two Beers?
How Can Someone Fight A DUI If They Confessed To Having Just Two Beers?

Click for Gary Churak's Answer

With THC from 4 days ago in my bloodstream, will I get a DUI?
With THC from 4 days ago in my bloodstream, will I get a DUI?

Click for Gary Churak's Answer

Can I deal or expunge a dismissed "theft by check" charge in Texas?
Can I deal or expunge a dismissed "theft by check" charge in Texas?

Click for Gary Churak's Answer

What Happens If Someone Failed The Standardized Field Sobriety Tests?
What Happens If Someone Failed The Standardized Field Sobriety Tests?

Click for Gary Churak's Answer

How can I get my class C theft misdemeanor expunged in Texas?
How can I get my class C theft misdemeanor expunged in Texas?

Click for Gary Churak's Answer

What are the differences between an alcohol induced DWI and drug related DWI charges?
What are the differences between an alcohol induced DWI and drug related DWI charges?

Click for Gary Churak's Answer

What Should Someone Do If A Police Officer Asked Them To Say The Alphabet Backwards?
What Should Someone Do If A Police Officer Asked Them To Say The Alphabet Backwards?

Click for Gary Churak's Answer

Why Do Even Judges Think That Defending Oneself In A DWI Case Is Ill-Advised?
Why Do Even Judges Think That Defending Oneself In A DWI Case Is Ill-Advised?

Click for Gary Churak's Answer

Can a drug related DWI be negotiated to a lesser charge?
Can a drug related DWI be negotiated to a lesser charge?

Click for Gary Churak's Answer

What are examples of probable cause for a traffic stop or a vehicle search?
What are examples of probable cause for a traffic stop or a vehicle search?

Click for Gary Churak's Answer

If I’m arrested for a drug related DWI, will my family or my work find out?
If I’m arrested for a drug related DWI, will my family or my work find out?

Click for Gary Churak's Answer

If I have a warrant in a different county where I live and plan on turning myself in will they transfer me ?
If I have a warrant in a different county where I live and plan on turning myself in will they transfer me ?

Click for Gary Churak's Answer

My record shows DSMD-PT DIVRSN: What does this mean?
My record shows DSMD-PT DIVRSN: What does this mean?

Click for Gary Churak's Answer

Does the probation office drug test on the first visit?
Does the probation office drug test on the first visit?

Click for Gary Churak's Answer

Does a police officer need a search warrant to search my car?
Does a police officer need a search warrant to search my car?

Click for Gary Churak's Answer