Frequently Asked Criminal Defense Questions and Video Answers

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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.

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Gary Churak's Answer

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Criminal Defense Attorney In San Antonio

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San Antonio Drug Case Defense Attorney

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Hire an experienced criminal defense attorney to fight for your rights.

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.

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In Texas, the severity of the theft charge is based upon the amount of the item or money allegedly stolen. If it is under $50, it is a Class C misdemeanor subject by fine only and no jail time. If it is $50 to $500, it becomes a Class B misdemeanor with up to 6 months in jail. If it is over $500 but less than $1,500, it is a Class A misdemeanor subject to a potential jail term of 1 year. Over $1,500 to $20,000 is a state jail felony, $20,000 to a $100,000 is a third degree, and the severity of the theft case goes up as the amount in question rises. In addition, certain types of thefts automatically become felonies. If you were to use someone’s credit card, identity theft, it is a felony regardless of the amount of dollars alleged to may have been taken. As an example, if you take somebody’s credit card, unauthorized charge and buy a $500 item, it’s still a felony.

Gary Churak's Answer

Gary Churak, San Antonio Texas Criminal Defense Lawyer answers your question. Click play.

Gary Churak's Answer

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Gary Churak's Answer

Gary Churak, San Antonio Texas Criminal Defense Lawyer answers your question. Click play.