From questions about criminal defense to concerns regarding DWI charges, our San Antonio clients trust Law Offices of Gary Churak for clear, straightforward answers about their legal rights. Whether facing drug crimes, domestic violence, or federal crimes charges, our thorough responses address the most pressing legal concerns that arise during criminal cases. For personalized guidance about your specific situation, call 210-545-3850 or schedule a consultation.
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Accidental shoplifting in Texas?
Gary Churak’s Answer
If it’s accidental, it’s not a crime. That is not shoplifting. However, the manager or police department can view it in a different manner. As an example, somebody goes into a, say an Academy and buy a pair of tennis shoes or a pair of shoes, and then want to try them on. People sometimes what they’ll do is they’ll put the shoes on, and they’ll walk around the store with the shoes and leave the box there with their own shoes in it, come back at a later time, pick up the shoes, and leave the store, and pay for the new shoes. What happens if you mix the boxes up or grabbed an empty box, and it’s not the box with your shoes on? You’re walking out the store with a pair of shoes that you’re not paying for, but you’re intentionally not stealing.
Are Anger Management Classes Beneficial For People In Domestic Violence Cases?
Gary Churak’s Answer
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Are California Drug Laws Slightly Different Then San Antonio Drug Laws?
Gary Churak’s Answer
San Antonio Drug Case Defense Attorney
Are Imposed Community Service Hours Dependent On The Crime?
Gary Churak’s Answer
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Are Juvenile Records Sealed After People Are 18 Years Of Age?
Gary Churak’s Answer
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Are The Drug Laws Getting Punitive To Avoid Extensive Drug Usage?
Gary Churak’s Answer
San Antonio Punitive Drug Law Lawyer
Are there any differences in the procedural handling or the timeframe of resolution?
Gary Churak’s Answer
Well, usually, drug related cases require a blood test and it takes some time to get the blood results back from the lab, so that could add an additional two to three months for the case. Otherwise, there is probably no difference between handling a DWI with alcohol and handling a DWI with drugs.
Are There Incidents Where False Accusations Have Been Prosecuted As Sex Crimes?
Gary Churak’s Answer
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Can A Charge Of Domestic Violence Hinder Future Employment Opportunities In Texas?
Gary Churak’s Answer
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Can a drug related DWI be negotiated to a lesser charge?
Can a drug-related DWI be negotiated to a lesser charge? Are there any diversion programs available for drug-related DWI offenders?
Gary Churak’s Answer
Well, there could be a possibility of receiving a lesser included offense like obstruction of highway by alcohol or drugs could be offered as a plea bargain. Some counties have pre-trial diversion programs for younger defendants. It all depends on where your case is being prosecuted. Like I said, Bell County, for one, will not give a pre-trial diversion for a DWI and it’s very rare that you can get obstruction of the highway for any kind of drug-related DWI. However, in Wilson County, in just South of San Antonio, they’ll offer a pre-trial diversion for a DWI.
Can A Fight Between Two Teenagers Lead To Assault Charges?
Gary Churak’s Answer
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Can a Judge extend probation in Texas?
My boyfriend has his first DWI in San Antonio, Texas. He is on probation until April, 2017, unless the judge extends it? He has been paying the fees and seeing his P.O. I have a few recruiters in S. Korea that might hire me to teach English. (A few agencies contacted me and I am seeking the best one for us.) My boyfriend would like to come also to teach. Are there any ways to get my boyfriend off probation asap? He told me before that he can’t leave the county but I really want him to be with me to go to S. Korea to teach. If you have any questions, please ask. Any helpful tips would be great. Thank you.
Gary Churak’s Answer
If he has complied with all his probation requirements the court may let him report by mail. This would be the only alternative and it is up to the judge. An attorney would be needed to go talk to the judge. Most experienced criminal defense lawyers like myself will offer you a free consultation
Can a person be charged with both DWI And possession?
Gary Churak’s Answer
That is conceivable. If they find any illegal narcotics or marijuana in your vehicle while you’re being arrested for DWI, the chances are that you will be charged with both; possession of the drugs and DWI. It is not unusual and I’ve had numerous cases through the years where individuals have been charged with felonies for drug possession and a misdemeanor DWI.
Can Felony Charges Get Expunged From Criminal Records?
Gary Churak’s Answer
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Can I Apply For Early Termination Of My Probation?
Gary Churak’s Answer
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Can I deal or expunge a dismissed “theft by check” charge in Texas?
Gary Churak’s Answer
Yes, you are entitled to an expunction. Contact an attorney experienced in handling expunctions. Most like myself will offer you a free initial consultation.
Can I file a writ myself in Texas?
Laid out by the state… However, so does my knowledge to proceed with the future of my case as well as the working thereof, Yet, my desire to keep my fight and challenge the State for my freedom is ever present. I wish I could file a writ myself but we both know that wishing won’t get anybody anywhere This is my call to you if you’re qualified to please help me.
Gary Churak’s Answer
The grounds for the 11.07 shall be raised on the 14th Amendment, due process, also, wrongful/illegal conviction. In researching my case, I have discovered that the State did not follow the process of certifying a juvenile according to the laws established but the State of Texas. Tx Code Annotated, Family #2, section 11.01 to 58.00, emphasis on 53.07-Service of Summons. Therefore, if the State proceeds in charging and convicting said juvenile, such a conviction is illegal since said juvenile is, as a matter of law and fact, still within juvenile jurisdiction. My wife and family have purchased and sought out my juvenile case file and upon inspection by myself and certain lawyers. Needless to say, the file falls short of meeting the guidelines laid out by the state…. If in fact the State failed to properly certify you as an adult you would have the basis of a 11:07 Writ of Habeas Corpus for wrongful conviction. I handled a case identical to your issue on an Appellate level where the trial court failed to give the properly notification on the certification hearing. The Appellate Court agreed with our position and vacated the certification and conviction. It was a sex offense. You may also have ineffective assistance of counsel issue in your writ based upon your trial lawyer failing to pick up on the defect in notification and filing for an appeal. Matters are complicated when the juvenile court loses jurisdiction in the matter. Talk to an attorney who handles 11:07 writs. Most law firms like mine will give you a free initial consultation.
Can I get charged for spanking my child?
I did neither of those, my son vandalized school property and i spanked him on the butt and grounded him. He went to school the next day and said me and my wife beat him and the school called the police. They questioned us, I told them what happened. They arrested us and charged us. He had no marks on him that I ever saw or were ever shown in court, I had a court appointed lawyer who wants me to plead guilty that they would believe my son no matter what.
Gary Churak’s Answer
Based on the facts you present do not plead guilty. Under Texas Law a parent has the absolute right to discipline their child including the use of reasonable force such as spanking. If there are no physical injuries and no bruises or marks on the child you have not committed a crime. Often CPS and the DA fail to realize that you are a parent and as such have the right to raise your children under your beliefs and principals within the boundaries of the law.
Can I Travel Out Of State During My Probation?
Gary Churak’s Answer
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Can Marijuana Convictions Be Removed From Criminal Records After Several Years?
Gary Churak’s Answer
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Can Someone Refuse If The Officer Asks Them To Take The Breath Test?
Gary Churak’s Answer
A person can refuse to take a breath test, although they should remember there is a cost to that. If they take the breath test and fail, their license can be suspended for 90 days, but the suspension could be 180 days if they refuse the breath test. Some parts of Texas have a mandatory blood draw, which means that, even if someone refuses to take a breath test, the police can get a warrant to allow them to extract blood from the person and tested, anyway. Therefore, whether they should or should not depends on where the person was at the time of the arrest.
Can The Protective Order In A Domestic Violence Case Be Modified By A Judge?
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Can Trespassing Be Considered Domestic Violence?
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Can You Expect To Receive Mercy From Court If You Plead Guilty To A Drug Case?
Gary Churak’s Answer
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Criminal Defense Attorney, Gary Churak, San Antonio, Texas
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Do Breath Test Operator’s need to be licensed or certified?
I read that most states require a Breath Test Operator to possess a valid, unexpired operator’s license, or the breath test result is inadmissible. Can the case be thrown out due to test operator unlicensed or operator license expired?
Gary Churak’s Answer
In order to operate an Intoxilizer 5000 in Texas the operator must be certified by the Texas Department of Public Safety. In addition the machine must be properly calibrated and inspected on a regular basis. A Failure to comply with these requirements can lead to the inadmissibility of the BAC evidence through a Motion to Suppress. Information regarding the arresting agency’s Intoxilizer 5000 status can be obtained by the defense counsel from DPS through the filing of Discovery Motions.
Do Expunged Criminal Records Remain As Prior Convictions?
Gary Churak’s Answer
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Do I qualify for a public defender based on my income?
Whether the person hired an attorney or one was appointed for them by the court will depend on their financial situation, because the court will appoint an attorney for those who don’t have the funds to hire an attorney themselves. Someone with sufficient income to hire an attorney will not qualify for a court-appointed attorney or public defender, so they will have to hire an attorney themselves.
Gary Churak’s Answer
Not necessarily. Miranda is basically a mechanism whereby an individual in a custodial arrest situation cannot be questioned by police unless that individual had been advised of their constitutional rights, and any statement they make can be held as inadmissible. Miranda will only apply if someone was sitting in handcuffs being questioned by the police and the person confessed to their crime without the police having advised them of their Miranda Rights.
Do The Drug Cases Occur At The Border Checkpoints?
Gary Churak’s Answer
San Antonio Border Drug Case Lawyer
Does a police officer need a search warrant to search my car?
Gary Churak’s Answer
No, it’s not going to matter because the law is pretty established that once an officer pulls you over for any kind of infraction of a law, which could be speeding or running at red light or even crossing lanes without signaling, he has the ability to search your vehicle if he has any kind of reasonable cause to do so. So, it is not a defense that he didn’t have a warrant and he went and searched your vehicle and found the Marijuana. Often, I have that situation come across where the officer says he smelled Marijuana in the vehicle but that is the usual excuse officers use for searching vehicles.
Does Attorney Gary Churak Work With The Parents Of The Minor Facing Drug Charges?
Gary Churak’s Answer
San Antonio Drug Case Defense Attorney
Does First Time Offenders In A Drug Possession Cases Get Any Leniency?
Gary Churak’s Answer
San Antonio First Offense Drug Defense Lawyer
Does the probation office drug test on the first visit?
I’m going to my Intake Meeting for the first time to get on probation. Will I get drug tested?
Gary Churak’s Answer
It is possible that you will be drug tested at your initial probation meeting. This is especially true if you are on probation for a drug offense. If you are asked to submit to a UA and are hot, it is advisable to let the probation officer know. Probation will use the test as a benchmark to see if you continue to use drugs. Also if you are hot you can expect to be tested on a regular basis.
Driving in possession of marijuana, can I be charges with DWI?
What if a person is caught with a very small amount of marijuana? Will he still be charged with a DWI?
Gary Churak’s Answer
The amount of Marijuana does not matter, whether for the purposes of a DUI or for criminal prosecution, if it’s a small amount, 0 to 2 ounces it’s a class B misdemeanor, 2 to 4 ounces it’s a class A misdemeanor, over 4 ounces it’s a felony. So, you could realistically be charged with a possession of marijuana and a DWI at the same time. What they look for is has the marijuana impeded your ability to drive, and that’s what the officer is going to look for in field sobriety test and if a blood test is taken to see what the THC level is in your blood at the time that you were driving.
Has There Been An Unusual Case Of Domestic Violence Over The Years?
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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…
Gary Churak’s Answer
Based on the facts you present do not plead guilty. Under Texas Law a parent has the absolute right to discipline their child including the use of reasonable force such as spanking. If there are no physical injuries and no bruises or marks on the child you have not committed a crime. Often CPS and the DA fail to realize that you are a parent and as such have the right to raise your children under your beliefs and principals within the boundaries of the law.
How Are Fines And Costs Calculated For The Offenses?
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How Are Juvenile Cases Viewed?
Gary Churak’s Answer
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How can an attorney mitigate the DMV penalties?
How can an attorney mitigate the DMV penalties? Is the DMV administrative hearing winnable?
Gary Churak’s Answer
It would depend on what the attorney does at an administrative hearing. The only way that you can win in an administrative hearing in Texas is to subpoena the officer and if the officer does not show on a number of occasions, the administrative judge will dismiss the case. They do not even need the live testimony of an officer; all they will need to do is establish through documents certified copies of the police report and the DCI25 that basically the officer had a probable cause for the arrest that he offered the defendant to take a blood or alcohol test, that the defendant took the test and failed or refused the test. That’s all they have to prove for an ALR license suspension. So, it’s pretty much a stack Kangaroo Court losing your license if you get pulled over for DWI. It’s my recommendation that it’s always a better pop for your dollar to have your attorney go ahead and get you an occupational license versus trying to fight an ALR suspension.
How Can Attorney Gary Churak Help Someone Facing A Drug Case?
Gary Churak’s Answer
San Antonio Drug Case Defense Lawyer
How can I get my class C theft misdemeanor expunged in Texas?
I was charged with class C theft misdemeanor In November 2012. In January 2013, they told me that if I stayed out of the trouble for 6 months my case will be dismissed. How can I get this expunged? My main concern is how to clean this up from my record. How much the lawyers will charge to get it done and when can i get it expunged? Can you help me find a lawyer in Lufkin?
Gary Churak’s Answer
Under Texas Law a deferred disposition of a Class C misdemeanor, your six months stay out of trouble probation, qualifies you for an Expunction. An Expunction is a civil lawsuit filed with the District Clerk in the County where the offense occurred seeking a sealing of the criminal case. All law enforcement agencies and courts who have information regarding your case are served with notice of the Petition. It may take up tom six months to get your Order of Expunction depending on the County. Once the Order is signed by the Judge all the law enforcement agencies and courts that have information on your case are Ordered to remove that information from there records. This could take up to a year or more. Lawyers charged differently for their services. Contact some attorneys in your local area and discuss what they can do for you and what it will cost. Go with the attorney that you feel most comfortable with. Check the internet for local attorneys. Good Luck.
How Can People Get Class C Theft Misdemeanors Expunged From Their Criminal Records?
Gary Churak’s Answer
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How Can Someone Fight A DUI If They Confessed To Having Just Two Beers?
Gary Churak’s Answer
Two beers may be enough to get someone intoxicated, depending on what is be different in terms of their metabolism and how they process alcohol.
How Can Someone Hear Not Guilty Or Case Dismissed On A DWI Case?
Gary Churak’s Answer
These are actually two different things, because for a verdict of “not guilty”, the jury would have to hear the evidence and find that there was not sufficient evidence to convict the person. Getting a case dismissed happens when the DA chooses to not prosecute the person any longer, for any of a number of reasons, such as not being able to contact the officer, such as if the officer was unavailable or no longer with the force; or there may be an issue with the breath test or blood test coming back flawed. There are a number of reasons why a prosecutor might dismiss a DWI case.
How Do Juvenile Charges Become More Severe?
Gary Churak’s Answer
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How Do People Know If They Qualify For An Expunction?
Gary Churak’s Answer
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How Do You Handle Legally Prescribed Drug Cases?
Gary Churak’s Answer
San Antonio Prescription Drug Case Lawyer
How Does Deferred Adjudication Work In Drug Cases?
Gary Churak’s Answer
San Antonio Deferred Adjudication Attorneys
How Does Expunction For Traffic Offenses Work?
Gary Churak’s Answer
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How Does Gary Churak Help Children Get Their Juvenile Cases Resolved?
Gary Churak’s Answer
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How Is A Drug Possession Case Under Juvenile Law Handled?
Gary Churak’s Answer
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How long does a deferred adjudication stay on your record?
How long does a deferred adjudication stay on your record?: I had a deferred adjudication in 1973 for being two weeks behind on child support. How long will this show up on a background check for employment.
Gary Churak’s Answer
Criminal cases that receive deferred adjudication probation will remain in your background until such time as you obtain an order of non-disclosure. Most experienced criminal defense attorneys who handle non-disclosures, like myself will offer you a free consultation
How Long Does An Expunction Process Usually Take?
Gary Churak’s Answer
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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 My probation officers MTR me for dirty u.a. I got my self into inpatient rehab but can’t go start until I take care of the warrant
Gary Churak’s Answer
You are not going to be able to do anything until you hire a lawyer. Right now you have a warrant for your arrest without bond. You will need an attorney to go talk to the judge about setting a bond Some judges required that you be actual custody before they said the bond. Contact an experienced criminal defense attorney today. Most like myself will offer you a free consultation
How Would A Drug Case Get Dismissed?
Gary Churak’s Answer
San Antonio Drug Case Law Firm
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 this mean it’s my 1st DWI DUI? I got a DWI back in 2014 with a bac of 0.15 or higher, went through the veterans treatment court and the case was dismissed. I went through the program and past all my treatment! I got another DWI and will this be my first DWI or my second!
Gary Churak’s Answer
You probably received deferred adjudication on an obstruction Hwy on your first DWI. With that, I mind the new case will be filed as a DWI 1st but will be treated by the DA as a DWI 2nd in terms of a plea bargain offer. In all likelihood, you will be back in CC#6 with Judge Christian. I have known Judge Christian for over 30 years and he was my former law partner and he will be tough on this new case. It may be possible to get the case dismissed or be found not guilty depending on the facts of your case. I would recommend that you retain an experienced DWI lawyer. Most like myself will offer you a free consultation
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? I have a warrant from Bexar County and live in Wilson county I plan on turning myself in in Wilson county what are the chances they would transfer me to Bexar county since the warrant is in that county
Gary Churak’s Answer
Stop right there. There are ways to avoid a trip to jail and clear a Bexar County warrant. Contact an experienced criminal defense lawyer in San Antonio for advice and representation. Most like myself will offer you a free initial consultation
If I’m arrested for a drug related DWI, will my family or my work find out?
Gary Churak’s Answer
Anytime you’re arrested, your job can find out about it. It just depends on the situation. Usually, it takes some time for criminal background checks to pick up any information on arrest. It could be as little as a week, it could be months. I had a recent situation where a client of mine lost his job because his arrest was posted on some website and his boss saw it. So, you never know. There is no guarantee that your boss isn’t going to find out that you’ve been arrested.
If there are 3 or 4 passengers in car and marijuana is found by an officer, will they all be charged with possession?
Gary Churak’s Answer
Well, it depends on whose Marijuana it is. Usually, it’s based upon possession. Possession can be held by two individuals at the same time. Often, in these situations, a cop will take everyone in who’s in the car if some person doesn’t confess to the possession of the Marijuana. So, if that situation happens to somebody, a client of mine, it’s my recommendation that he pursue it as hard as he can to try to establish it wasn’t his marijuana. If the other guy takes the wrap, often, we’re able to get the case dismissed because somebody has taken the wrap for the Marijuana.
If there is a prescription form for the drugs found in a car, can both DWI and possession charges be beaten?
Gary Churak’s Answer
You could probably beat the possession case. However, it does not matter whether you were driving under the influence of illegal narcotics or prescription narcotics. In fact, you will note that often prescription bottles contain the warning “can cause drowsiness. Do not drive, do not operate machinery”. So, and it is conceivable that even though you have a prescription for the drug, you could be charged with DWI. And in fact, I’ve had numerous cases where my clients have been charged with DWI because they’ve taken a Zoloft or Xanax and were determined to be under the influence of that narcotic drug while driving.
Is A Dismissed Case Completely Removed Off Someone’s Record?
Is A Dismissed Case Completely Removed Off Someone’s Record?
Gary Churak’s Answer
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San Antonio Dismissal Lawyer
Is Domestic Violence A Purely Male-Dominated Offense In Texas?
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Is Drug Possession Considered A Minor Offense Under Juvenile Law?
Gary Churak’s Answer
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Is Hiring A DWI Attorney Worth It And How Can Not Hire A DWI Attorney Be The Biggest Mistake Of Someone’s Life?
Gary Churak’s Answer
Someone who was charged with a DWI faces a 6-month jail sentence, even for the lowest level of DWI, in addition to the thousands of dollars that a DWI conviction could cost them. It’s the person’s choice whether or not to hire an attorney, but my recommendation would be to hire an attorney.
Is Probation Public Record?
Gary Churak’s Answer
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Is Putting A Juvenile On Trial A Common Scenario?
Gary Churak’s Answer
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Is Reporting To Probation Offer Mandatory?
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Is There Any Possession Of Drug Charges Attached With DWI Charges?
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San Antonio Drug and DWI Charge Attorneys
Is writing a hot check considered theft crime in Texas?
Gary Churak’s Answer
Sure. Hot checks are notoriously persecuted by most district attorneys and county attorneys. Basically, the amount of the check determines the severity of the case. Often, hot checks writers have more than one check outstanding. What they do is they take you the accumulative amount of the checks, or they take one or two checks, and then file it. Hot checks are theft. My advice to individuals are, initially, they will receive a letter from the district attorney’s office or the county attorney’s office saying that they have these checks there and you need to pay them before we take criminal action. If there’s any way possible to work a deal to get these checks paid off, so the case is not filed against you, that’s what I’d recommend that you do. If by chance you can’t swing that, you can’t pay them all, then the next best thing is go get yourself a lawyer real quick because what the attorney can do is he can make arrangements to bond out of jail once you’re arrested. He can make arrangements to delay the case long enough, so you could pay the checks off. Often, I’ve been able to have cases delayed to the point where my clients had been able to pay the checks off, and then have the cases dismissed, so there would be no conviction or probation on their record which would mean that at a later date, you can come in and do an expunction of the charge.
My record shows DSMD-PT DIVRSN: What does this mean?
My record shows DSMD-PT DIVRSN: What does this mean, I been trying to find a job and no is calling me back. Is it because of this showing in my record? If so does this stay on my record forever? (2014)
Gary Churak’s Answer
It means you successfully completed the pre-trial diversion program and your case was dismissed. You are now entitled to file for an expunction to remove the case from your criminal record. Most San Antonio expunction lawyers like myself will offer you a free initial consultation
Question on Texas Code 11.07 and its process
The grounds for the 11.07 shall be raised on the 14th Amendment, due process, also, wrongful/illegal conviction. In researching my case, I have discovered that the State did not follow the process of certifying a juvenile according to the laws established but the State of Texas. Tx Code Annotated, Family #2, section 11.01 to 58.00, emphasis on 53.07-Service of Summons. Therefore, if the State proceeds in charging and convicting said juvenile, such a conviction is illegal since said juvenile is, as a matter of law and fact, still within juvenile jurisdiction. My wife and family have purchased and sought out my juvenile case file and upon inspection by myself and certain lawyers. Needless to say, the file falls short of meeting the guidelines laid out by the state… However, so does my knowledge to proceed with the future of my case as well as the working thereof, Yet, my desire to keep my fight and challenge the State for my freedom is ever present. I wish I could file a writ myself but we both know that wishing wont get anybody anywhere This is my call to you, if you’re qualified to please help me.
Gary Churak’s Answer
The grounds for the 11.07 shall be raised on the 14th Amendment, due process, also, wrongful/illegal conviction. In researching my case, I have discovered that the State did not follow the process of certifying a juvenile according to the laws established but the State of Texas. Tx Code Annotated, Family #2, section 11.01 to 58.00, emphasis on 53.07-Service of Summons. Therefore, if the State proceeds in charging and convicting said juvenile, such a conviction is illegal since said juvenile is, as a matter of law and fact, still within juvenile jurisdiction. My wife and family have purchased and sought out my juvenile case file and upon inspection by myself and certain lawyers. Needless to say, the file falls short of meeting the guidelines laid out by the state…. If in fact the State failed to properly certify you as an adult you would have the basis of a 11:07 Writ of Habeas Corpus for wrongful conviction. I handled a case identical to your issue on an Appellate level where the trial court failed to give the properly notification on the certification hearing. The Appellate Court agreed with our position and vacated the certification and conviction. It was a sex offense. You may also have an ineffective assistance of counsel issue in your writ based upon your trial lawyer failing to pick up on the defect in notification and filing for an appeal. Matters are complicated when the juvenile court loses jurisdiction in the matter. Talk to an attorney who handles 11:07 writs. Most law firms like mine will give you a free initial consultation.
Should I represent myself in Texas on criminal charges?
An individual who has been charged with a crime needs an experienced criminal defense attorney because ultimately that person’s life and liberty is at stake. They should hire an attorney they feel the most comfortable with because the attorney-client relationship is based on trust.
Gary Churak’s Answer
The worst thing anyone can do is to defend themselves in a criminal case without an attorney, because a lay person has neither the experience nor the knowledge about the law to do that successfully.
Is There Any Possession Of Drug Charges Attached With DWI Charges?
Gary Churak’s Answer
San Antonio Drug and DWI Charge Attorneys
Is writing a hot check considered theft crime in Texas?
Gary Churak’s Answer
Sure. Hot checks are notoriously persecuted by most district attorneys and county attorneys. Basically, the amount of the check determines the severity of the case. Often, hot checks writers have more than one check outstanding. What they do is they take you the accumulative amount of the checks, or they take one or two checks, and then file it. Hot checks are theft. My advice to individuals are, initially, they will receive a letter from the district attorney’s office or the county attorney’s office saying that they have these checks there and you need to pay them before we take criminal action. If there’s any way possible to work a deal to get these checks paid off, so the case is not filed against you, that’s what I’d recommend that you do. If by chance you can’t swing that, you can’t pay them all, then the next best thing is go get yourself a lawyer real quick because what the attorney can do is he can make arrangements to bond out of jail once you’re arrested. He can make arrangements to delay the case long enough, so you could pay the checks off. Often, I’ve been able to have cases delayed to the point where my clients had been able to pay the checks off, and then have the cases dismissed, so there would be no conviction or probation on their record which would mean that at a later date, you can come in and do an expunction of the charge.
My record shows DSMD-PT DIVRSN: What does this mean?
My record shows DSMD-PT DIVRSN: What does this mean, I been trying to find a job and no is calling me back. Is it because of this showing in my record? If so does this stay on my record forever? (2014)
Gary Churak’s Answer
It means you successfully completed the pre-trial diversion program and your case was dismissed. You are now entitled to file for an expunction to remove the case from your criminal record. Most San Antonio expunction lawyers like myself will offer you a free initial consultation
Question on Texas Code 11.07 and its process
The grounds for the 11.07 shall be raised on the 14th Amendment, due process, also, wrongful/illegal conviction. In researching my case, I have discovered that the State did not follow the process of certifying a juvenile according to the laws established but the State of Texas. Tx Code Annotated, Family #2, section 11.01 to 58.00, emphasis on 53.07-Service of Summons. Therefore, if the State proceeds in charging and convicting said juvenile, such a conviction is illegal since said juvenile is, as a matter of law and fact, still within juvenile jurisdiction. My wife and family have purchased and sought out my juvenile case file and upon inspection by myself and certain lawyers. Needless to say, the file falls short of meeting the guidelines laid out by the state… However, so does my knowledge to proceed with the future of my case as well as the working thereof, Yet, my desire to keep my fight and challenge the State for my freedom is ever present. I wish I could file a writ myself but we both know that wishing wont get anybody anywhere This is my call to you, if you’re qualified to please help me.
Gary Churak’s Answer
The grounds for the 11.07 shall be raised on the 14th Amendment, due process, also, wrongful/illegal conviction. In researching my case, I have discovered that the State did not follow the process of certifying a juvenile according to the laws established but the State of Texas. Tx Code Annotated, Family #2, section 11.01 to 58.00, emphasis on 53.07-Service of Summons. Therefore, if the State proceeds in charging and convicting said juvenile, such a conviction is illegal since said juvenile is, as a matter of law and fact, still within juvenile jurisdiction. My wife and family have purchased and sought out my juvenile case file and upon inspection by myself and certain lawyers. Needless to say, the file falls short of meeting the guidelines laid out by the state…. If in fact the State failed to properly certify you as an adult you would have the basis of a 11:07 Writ of Habeas Corpus for wrongful conviction. I handled a case identical to your issue on an Appellate level where the trial court failed to give the properly notification on the certification hearing. The Appellate Court agreed with our position and vacated the certification and conviction. It was a sex offense. You may also have an ineffective assistance of counsel issue in your writ based upon your trial lawyer failing to pick up on the defect in notification and filing for an appeal. Matters are complicated when the juvenile court loses jurisdiction in the matter. Talk to an attorney who handles 11:07 writs. Most law firms like mine will give you a free initial consultation.
Should I represent myself in Texas on criminal charges?
An individual who has been charged with a crime needs an experienced criminal defense attorney because ultimately that person’s life and liberty is at stake. They should hire an attorney they feel the most comfortable with because the attorney-client relationship is based on trust.
Gary Churak’s Answer
The worst thing anyone can do is to defend themselves in a criminal case without an attorney, because a lay person has neither the experience nor the knowledge about the law to do that successfully.
Should Someone Attempt The Breath Test?
Gary Churak’s Answer
This would depend on where the person was at the time. Some cities have a law requiring a mandatory blood draw, so it would not matter whether or not someone blew because, if they refuse to blow, the police can just get a warrant, strap the person down, stick the person with a needle and remove blood from the person without their consent. The person should not blow if there is no mandatory blood draw in the city, municipality or county where they were arrested, although if there is a mandatory blood draw, the person should consider blowing.
Signing a civil demand letter in Texas?
Gary Churak’s Answer
Let’s back up. You really don’t sign a civil demand letter. What happens is there is a statue in Texas that allows stores to seek restitution for their alleged damages as a result of shoplifting. Basically, these stores have got together with some collection attorneys in Florida and throughout the United States that kick out these civil restitution demand letters asking anywhere from $250 to $500 for the shoplifting restitution. My advice to clients is throwing it in the trash. They will never take any more action on it than send you a couple of letters.
So it is possible to be arrested for a DWI even if I smoked marijuana 3 days ago?
Gary Churak’s Answer
The Blood test will probably read that you have THC in your system. Marijuana, which the basic formula for the drug is THC, stays in your system about 30 days. So, the chances are that it would show up in your system. Now, the question is if you smoke three days ago, why were they pulling you over for DWI at that time? There may be an issue as to probable cause for the arrest down the road the fact that you had such a small amount in your system at the time that you were driving.
Was I read my Miranda Rights in Texas?
Gary Churak’s Answer
That is a common misconception that people have. They think that if they’re not Mirandized that their case will go away. That’s not true. Basically, the first time people are usually Mirandized is when they go before the magistrate and they’re advised of their rights. In a situation where there is a custodial interrogation, that’s where Miranda protection comes in. In other words, you’ve been arrested, you’ve been handcuffed, you’ve been put in the back of the squad car, and the officer starts asking you questions. If you answer those questions without being Mirandized and having your rights read to you, then any information that the detective or officer obtains through that interrogation would be inadmissible. If you are properly Mirandized, anything you say can and will be used against you.
What actions can incriminate you in a criminal case in Texas?
Gary Churak’s Answer
Talk. If you are being questioned by any law enforcement or any kind of governmental agency, do not volunteer information because eventually you will say something that can be used against you.
What are alternative punishments to jail in Texas?
Gary Churak’s Answer
Probation is one and there are 2 types of probation. There is a deferred adjudication probation, which is a type of probation that the court does not enter a finding of guilt against the defendant, puts the defendant on probation, and if the probationary terms are successfully completed, the case is dismissed. The second type would be straight probation where the court says, I find you guilty, I sentence you to 10 years in prison, I’m going to probate that sentence for 10 years and put you on supervised probation. If you do everything you’re supposed to do, your case will be closed out satisfactory and you don’t have to go to prison. However, if for some reason, you violate your probation, you’re looking at being brought in before the judge and potentially being either adjudicated guilty, with the deferred adjudication and sent to prison or having your probation revoked and sent to prison.
What are examples of probable cause for a traffic stop or a vehicle search?
Gary Churak’s Answer
Well, the probable cause is very, very loose. Basically, the officer, all he needs to do is observe an irregularity while you’re driving. In San Antonio, that means anybody on the road after 12 o’clock is basically a DWI suspect. And if the officer finds any kind of driving infraction, even the smallest one like crossing a centerline without — crossing a line without signaling, he will pull you over and if he believes that you are — have been drinking, he will ask you if you’ve been drinking, if you say yes or no, he will come and provide the field sobriety test, the HGN, the walk and turn and the one-leg stand to determine if you were under the influence of alcohol. If he determines you are under the influence of alcohol or drugs, he will basically take you downtown. If it’s alcohol, he will offer you a breath test. If you refuse, in Bell County, he will get a warrant for your blood. If he believes you’re under the influence of any kind of drug, he will go directly to the blood draw and get a warrant for that.
What Are Repercussions if Someone is Hurt While Driving Drunk?
Gary Churak’s Answer
A San Antonio Texas Criminal Defense Lawyer answers your question. Click play.
What are the advantages of retaining a private attorney vs. a public defender in Texas?
Gary Churak’s Answer
The benefit of a private attorney versus a court-appointed attorney is that the private attorney has more experience in representing defendants in criminal cases. He or she has more resources than the court-appointed attorney. Basically, a court-appointed attorney is going to be paid a set amount by the county to represent the defendant. It could be as little as 100 dollars in misdemeanor cases to 400 dollars in felony cases. So bottom line is you get what you pay for. That is not to say that all court-appointed attorneys are unqualified. But some of them are young unexperienced lawyers; some of them are lawyers that feel they have an obligation to do court appointments. The bottom line is usually with a retained attorney, you’re going to receive a more thorough defense of your case.
What Are The Benefits For Hiring Attorney Gary Churak To Handle Juvenile Cases?
Gary Churak’s Answer
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What are the differences between an alcohol induced DWI and drug related DWI charges?
Gary Churak’s Answer
It’s the same. Basically, it’s driving under the influence of either alcohol or drugs. So, it doesn’t delineate between whether you were driving drunk because of booze or driving drunk because you are in the influence of narcotics.
hat Are The Different Misconceptions That People Have About Probation?
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Gary Churak’s Answer
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What are the Driver’s License implications for a drug related DWI?
Gary Churak’s Answer
Well, it’s going to be the same as if you were arrested for an alcohol DWI. If you submit to a breath or blood test and fail, your license will be suspended for 90 days administratively. If you refuse, your license will be suspended for up to 180 days administratively. If you are convicted for DWI, either alcohol or drugs, you’re looking at a potential license suspension. However, if it’s your first offense, you are able to take a class through DPS to keep your license so it will not be suspended if you’re put on probation. If you’re convicted and sent to jail, you will lose your license for up to two years.
What Are The Drug Amounts That Leads A Charge Of Possession To Intent To Sell?
Gary Churak’s Answer
San Antonio Drug Case Defense Attorney
What Are The Eligibility Standards Required For Expunging Criminal Records?
Gary Churak’s Answer
Gary Churak, San Antonio Texas Criminal Defense Lawyer answers your question. Click play.
What Are the Options Besides a DUI Conviction?
Gary Churak’s Answer
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What Are The Options For Drug Offenders Other Than Rehabilitation Programs?
Gary Churak’s Answer
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What Are The Penalties For A Misdemeanor Domestic Violence Conviction?
Gary Churak’s Answer
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What Are The Penalties For Multiple Domestic Violence Offenses?
Gary Churak’s Answer
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What Are The Penalties For Multiple Domestic Violence Offenses?
Gary Churak’s Answer
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What Are The Penalties For Teenagers Who Commit Theft Crimes?
Gary Churak’s Answer
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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. I applied for a real estate license and submitted a background check. An arrest came out from 1985 in which I was a minor for a misdemeanor. They are asking for the records and an explanation. The court could not find a record and will not supply me with a letter. The state wants the letter.<
Gary Churak’s Answer
Juvenile clerk should solve your problem
What Can I Expect If I’m Convicted of a DUI?
Gary Churak’s Answer
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What Can I Expect When I Go to The Court?
Gary Churak’s Answer
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What Can People Do To Mitigate Their Domestic Violence Situations
Gary Churak’s Answer
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What does a verdict of not guilty mean in Texas?
A verdict of not guilty means the person went to trial and the jury heard all of the evidence. When a case is dismissed, that means the DA chose to not prosecute the person anymore for any of a number of possible reasons, including an unavailable witness, an uncooperative witness or evidence that just did not come through or was insufficient to support a conviction.
Gary Churak’s Answer
This is a broad subject and there are many exceptions to the need for a search warrant under the law, although each case would have to be individually analyzed by the attorney to determine whether or not the search was valid.
What does it mean to be indicted in Texas?
Gary Churak’s Answer
Under Texas law an indictment is the formal criminal charge of felony against a defendant. What happens is a grand jury, which is comprised of a group of citizens, will convene and hear a brief presentation by the district attorney, and the district attorney will ask for a true-bill of indictment. An indictment doesn’t mean you’re guilty. Basically what it means is that there is probable cause, there is a possibility this criminal case happened, and it should be moved to the court system. When someone is no-billed by the grand jury that basically means that there is no evidence whatsoever to support a charge against them.
What Effects Does DUI Have on My Driver’s License?
Gary Churak’s Answer
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What Factors Raise A Domestic Violence Charge From A Misdemeanor To A Felony?
Gary Churak’s Answer
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What Happens During The Initial Arraignment In A Drug Possession Case?
Gary Churak’s Answer
Criminal Defense Lawyer San Antonio
What Happens If I Have Multiple DUIs?
Gary Churak’s Answer
A San Antonio Texas Criminal Defense Lawyer answers your question. Click play.
What Happens If I Refuse a Breathalyzer Test?
Gary Churak’s Answer
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What Happens if I’m Pulled Over and I’ve Been Drinking?
Gary Churak’s Answer
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What happens if probation is violated in Texas?
Gary Churak’s Answer
What usually happens is the probation officer will send a report to the district attorney’s office. The district attorney or county attorney will prepare a motion to adjudicate or a motion to revoke probation that is submitted to the judge. The judge will sign an arrest warrant for your arrest, and depending on the situation, you may have a bond set or you may not have a bond set. Eventually you will be arrested and taken to jail. It is a very good idea that if you have an inkling your probation’s going to be revoked, you should contact an attorney. The attorney can begin to make arrangements to have you possibly bond out of jail. It is important to have legal representation as soon as possible in the event of your probation being revoked.
What Happens If Someone Failed The Standardized Field Sobriety Tests?
Gary Churak’s Answer
Whether or not someone failed the test is strictly subjective on the officer’s part. The officer will ask the person to take a breath test and they will fail the field sobriety test if the officer believes the person was intoxicated. The field sobriety tests will basically have no impact on whether or not someone is charged with a DWI; that will depend on whether the officer already made that determination when he stopped and observed the person.
What Happens If The Victim Reconciles With The Abuser In A Domestic Violence Case?
Gary Churak’s Answer
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What Happens If You Are Accused of A New Offense During Probation?
Gary Churak’s Answer
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What happens if you are caught shoplifting in Texas?
Gary Churak’s Answer
What will happen if the Risk Manager in the store or a manager would come up to you, and tap on you on the shoulder, and say, “Follow me,” and they’ll take you a little room in the back of the store, and they’ll basically begin questioning you about what you took and how you took it? Most times, they actually have you on videos taking the item. At that point in time, they will decide what they want to do with you. Some stores, if the amount is minimal and they really don’t want to deal with the police, will just let you go and tell you don’t ever come back. A lot of stores will basically call the local police department. They will come down and depending on the amount of the items taken will either issue a citation if it’s under $50 to appear in a municipal or JP court; or if it’s over $50, they have two options. They can either put you in handcuffs and take you down to the county jail, or they can issue you a citation to appear in county court at law or county court in a later date. At that point in time, you have a serious problem. You have been arrested for theft which is considered a crime of moral turpitude and could have tremendous effects on your ability to earn a living, get an apartment, and basically live a life.
What happens if you are charged with theft in Texas?
Gary Churak’s Answer
You will get a court date. Once again, it depends on the amount that you’re charged with is where you’ll be. You could be in municipal or JP court, you could be in county court, or you could be in district court charged with a felony. You will have usually a number of court dates. The first court date would be your arraignment. That’s where you’d come in and enter your plea of guilty or not guilty. You could have some pretrial dates and eventually a trial date. You can decide to take the case to trial. Often on shoplifting cases, we set those for trial because a lot of the stores just simply do not send their people down, spend all day in court to testify in shoplifting cases. They’re more valuable working in the store than they are in the courtroom. As a matter of course, they basically don’t send a witness down to testify. After a couple of times, you make a speedy trial motion and if you’re lucky, your case gets dismissed. Once again, if the case is dismissed, you are eligible for an expunction to seal the case from your criminal record.
What Happens When A Professional Is Charged With Possession Of Drugs?
Gary Churak’s Answer
Criminal Defense Attorney In San Antonio
What Happens When Someone Violates Probation And Gets Caught?
Gary Churak’s Answer
Gary Churak, San Antonio Texas Criminal Defense Lawyer answers your question. Click play.
What if a person is not on drugs and simply has drugs in his car; will he be charged with a DUI or possession?
Gary Churak’s Answer
In order to be charged with driving while intoxicated; the drugs have to be in your system. If they’re in your vehicle and you get pulled over, you could be charged with possession but then, you know, it’s a defense that the drugs do not belong to you and they may belong to a friend who had a prescription form. So, at this point, you know, if you’re looking at a possession charge, it’s a good idea to go hire yourself a drug lawyer and start getting the evidence together that shows that it was not your drugs but someone else’s who had a valid prescription form.
What Is Restricted By The Order Of Protection In A Domestic Violence Case?
Gary Churak’s Answer
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What Is The Meaning Of Expunction?
Gary Churak’s Answer
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What Is The Process Of An Expungement Under The Juvenile System?
Gary Churak’s Answer
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What Is The Role Of A Probation Officer?
Gary Churak’s Answer
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What Is the Statute Of Limitations For Violation of Probation?
Gary Churak’s Answer
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What Is The Typical Scenario Of A Domestic Violence Arrest In San Antonio, Texas?
Gary Churak’s Answer
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What Kind of Evidence Would be used by The Prosecution to Convict me?
Gary Churak’s Answer
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What Mistakes Do People Make After Being Charged With Domestic Violence?
Gary Churak’s Answer
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What Should Someone Do If A Police Officer Asked Them To Say The Alphabet Backwards?
Gary Churak’s Answer
I have not heard about this test being done in a long time, because it is quite impossible for most people to do; therefore, they tend to not use those types of field sobriety tests. The three main field sobriety tests are the HGN, or Horizontal Gaze Nystagmus test, in which they basically watch the person’s eyeballs jerk about with a stimulus. In another test, the officer will move a pen back and forth at 90 degrees; another, the One Leg Stand, involves the officer asking the person to hold their leg up for 30 seconds, and then there’s the 10-step Walk and Turn. Those are the most-recognized field sobriety tests.
What will my boyfriend get for assault on family member/impede breath? Will he be able to be bonded out?
Gary Churak’s Answer
You need to make 2 calls The first to a local Bonds men to get him out of jail. The second to an experience criminal defense attorney who handles cases Kerr county. Most like myself will offer a free consultation
What’s the difference between a misdemeanor and a felony in Texas
Gary Churak’s Answer
The difference between a misdemeanor and a felony is the severity of the criminal offense. Misdemeanors start at the lowest level, such as class C misdemeanor, which would be a traffic ticket or a minor possession of alcohol, an offense which is punishable by fine only. Then you have class B and A misdemeanors, in which the penalty is jail time in the county jail and fines. Felony charges are more serious. In a felony conviction, you can potentially be sent to the Texas Department of Corrections prison. There are multiple grades of felonies. The lowest is state jail felony with a maximum of 2 years in the state jail. There is a third-degree felony, which carries a sentence of 2 to 10 years in the Texas Department of Corrections (TDC) prison and a second-degree felony, which can be 2 to 10 in prison. A first-degree felony can entail a sentence of 5 to 99 years to life. In addition, you have a capital felony or capital offense, which carries a life sentence or the death penalty.
When Are People Placed On Probation For Committing A Crime?
Gary Churak’s Answer
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When Does a Marijuana Cases Become A Federal Case?
Gary Churak’s Answer
Criminal Lawyers San Antonio
Which Offenses Get Probation From Court?
Gary Churak’s Answer
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Why Can A Public Defender Not Spend A Lot Of Time On A DWI Case?
Gary Churak’s Answer
This is not necessarily true because, although public defenders make a minimal amount of money, each attorney has their own idea regarding how they should represent their client. The ethics of the bar would require that attorney to zealously represent the client, and if the client wanted the trial, the court-appointed attorney is required to represent him throughout the trial. It is a misconception that court-appointed attorneys do not represent their clients or do not provide adequate time to represent their clients.
Why Do Even Judges Think That Defending Oneself In A DWI Case Is Ill-Advised?
Gary Churak’s Answer
Whenever someone decides to represent themselves pro se, it creates an extra burden on the court in terms of admonishments and documents that need to be executed. For the purpose of a good record on a case, most courts require an attorney to handle the matter.
Will Cell Phones At Schools Be Considered Illegal For Students?
Gary Churak’s Answer
A San Antonio Texas Criminal Defense Lawyer answers your question. Click play.
Will Parenting Rights Be Taken Away In A Domestic Violence Case?
Gary Churak’s Answer
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Will The Probation Terms Remain The Same Throughout Probation Period?
Gary Churak’s Answer
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With THC from 4 days ago in my bloodstream, will I get a DUI?
What if a person has smoked marijuana 3 or 4 days prior to being arrested and administered a blood test? Would it show on the test that the person is under the influence?
Gary Churak’s Answer
It would probably read a low percentage of THC in your blood depending on how much you smoked. Usually, it will — Marijuana could stay in your system up to 30 days, it just depends on how much it’s showing in your system at the time that they’re running the blood test. There is a scale they use arbitrary as it is to make a determination of the level of intoxication.
