Frequently Asked Criminal Defense Questions and Video Answers

Gary Churak's Answer

San Antonio Border Drug Case Lawyer

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

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.

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

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.

Gary Churak's Answer

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Gary Churak's Answer

San Antonio Dismissal Lawyer

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San Antonio Deferred Adjudication Attorneys

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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.

Gary Churak's Answer

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Gary Churak's Answer

A San Antonio Texas Criminal Defense Lawyer answers your question. Click play.

Gary Churak's Answer

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Gary Churak's Answer

A 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

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