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

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.

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.

Gary Churak's Answer

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

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.

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.

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San Antonio Drug Case Law Firm

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San Antonio Drug Case Defense Attorney

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

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Gary Churak's Answer

The bottom line, you’ve been charged with theft no matter where the case is pending, in municipal or JP court, or in the district court as a felony. It’s a very serious offense that if you’re not going to jail over can at least affect your ability to get employment, get apartments, to get loans, bank accounts. You need an experienced qualified criminal defense attorney to represent you on any case that you’re in charged with theft including any cases involving a NSF check, a hot check. Often, people write a check, transfer, or move, or something happens, and they forget about making a deposit, and the check sits there and have no clue that they even have a hot check out there until they’re arrested. Other situations involve people who for whatever reason have been subject to identity theft. I’ve had a number of cases where checkbooks have been stolen and thousands and tens of thousands of dollars of hot checks written on forged signature. Attorneys are important because theft is a serious matter.

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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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