The Law Offices of Gary Churak P.C.

San Antonio

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

Question on Texas Code 11.07 and its process

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.
Question on Texas Code 11.07 and its process

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