The Law Offices of Gary Churak P.C.

San Antonio

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

Video FAQs on San Antonio, TX Criminal Defense

Frequently Asked Criminal Defense Questions and Video Answers

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San Antonio Drug Case Defense Lawyer

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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.

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San Antonio Prescription Drug Case Lawyer

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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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San Antonio Dismissal Lawyer

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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.

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San Antonio Drug Case Defense Attorney

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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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San Antonio Border Drug Case Lawyer

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