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Criminal Defense Overview


Criminal Defense Overview

Our Sole Mission is to Protect and Defend our Clients from the Government in all Criminal Defense Matters!

Chernoff Law will aggressively defend our clients against a government intent on prosecution. Our firm’s former District Attorney fights to protect our clients at every stage of their criminal case. We provide criminal defense in federal cases and all state felony and misdemeanor cases in Texas.

Domestic Violence
Assault of a family member is a serious charge and requires serious criminal defense. It can result in jail time, effect your ability to own a firearm and cause a deportation filing. Even if your spouse wants charges dropped, it is solely the State’s decision to proceed with prosecution and will likely do so. An affirmative finding of family violence can never be removed from your record. Read more…

 

DWI/DUI Drunk Driving
No matter the facts of your DWI arrest, do not assume you have no defense. We may be able to use various criminal defense strategies to challenge the field test , breath test or blood test. Don’t risk license suspension or revocation by failing to act with strong criminal defense. Read more…

 

Federal Crimes
Charges placed on a person by the government are difficult to combat, but not impossible. Crimes such as fraud, internet crimes and some sex crimes are often prosecuted by the United States Attorney in Federal Court. If the FBI comes calling, get quality representation from an experienced criminal defense advocate. Read more…

 

Sex Crimes
All sex crime charges are extremely serious. Conviction carries the threat of mandatory lifetime registration as a sex offender. Get immediate and strong criminal defense, particularly if accusations are being made by a child. If Children’s Protective Service has become involved, do not make any statements without legal representation. Make sure your lawyer from Chernoff Law attorney is by your side during any police investigation. Read more…

 

Theft Charges
Under the Texas Penal Code, Theft is defined broadly as the unlawful appropriation of property without the owner’s effective consent. Depending on the value of the property taken, Theft can range from a misdemeanor to felony. Read more…

 

Appeals
An appeal may be taken in the Court of Appeals or the Court of Criminal Appeals as a method to reverse the Jury’s or Trial Court’s decision. In some circumstances, a plea bargain can be reversed. Not every defendant has standing to appeal their conviction and someone considering this remedy should seek experienced criminal defense legal help quickly for their best chance. Read more…

 

Assault
Texas Statutes Chapter 22 of penal code covers many different crimes under the heading of Assault. An act could consitute assault, sexual assault, or aggravated assault depending on the type of alleged contact involved. An assault can be upgraded to Assault of a Family Member, resultng in many complications. Read more…

 

Bench Warrants
Similar to an arrest warrant, a bench warrant against a person means that they can be arrested on the spot if found by law enforcement. A bench warrant comes directly from the court, and can be issued for those who fail to show in court or to attach the body of a witness. Read more…

 

Child Abuse
Crimes against children are taken extremely seriously. A child is defined as any individual under the age of 17 for some offenses, and under 18 for others. Child abuse can involve sexual acts, physical acts or performance by a child. Read more…

 

Disorderly Conduct
Disorderly conduct is an offense against public health and safety. Many acts under the disocrderly conduct statute are classified as Class C misdemeanors. Some acts involving a weapon can be punishable by jail time.  Read more…

 

Drug Charges
There are a number of different individual criminal offenses that fall under the category of “drug crimes.” These cases require a particular attention since many times the proper criminal defense depends on a thorough examination of whether the individual’s constitutional rights were violated.  Our experience in both prosecution and defense serve us particularly well in these matters. Read more…

 

Expungements
Having your criminal record expunged means that all evidence of your past criminal record is wiped clean from the public records. This is a powerful remedy. However, there are certain requirements that must be met in order to quality, and a good criminal defense lawyer will know what these are. Read more…

 

Firearm Offenses
While Texas allows for individuals to carry a variety of different firearms openly without a license, when handguns are carried, they must be concealed and require the holder to have a concealed handgun license. Possession of a handgun without a license can result in jail time. In addition, many crimes are enhanced when a firearm is used in its commission. Read more…

 

Fraud Crimes
Fraud is often prosecuted in Federal Court under the Bank Fraud and Wire Fraud Statutes. It is broadly defined as the taking of property by deception. A fraud can be prosecuted in State court, but it is usually classifed as a Theft or Engaging in Organized Activity. Read more…

 

Hit & Run
This is also commonly referred to as failure to stop and give information or failure to stop and give aid. Those who are involved in a traffic collision are required to stop and cooperate with the investigation. Those who do not may find themselves contacted by law enforcement. It is always best to get good criminal defense early. Read more… 

 

Identity Theft
This is a very specific form of theft. It is the use of a person’s personal information for the sake of stealing their property or influencing others to proved credit. This is commonly an internet crime. Read more…

 

Internet Crimes
Crimes committed through the Internet is a growth industry.  These crimes are typically investigated by Federal Agencies such as the FBI, but the State may investigate through local police units or the Texas Department of Public Safety(DPS). Both agencies monitor acquisition and possession of child pornography on the internet. Read more…

 

Juvenile Charges
Minors accused of committing crimes are prosecuted in the civil Family Courts. Both the juvenile and the parents are summoned to court to face the charges. The emphasis on Juvenile cases is on rehabilitiation. However, the policies are changing.  There are situations where a minor may be tried as an adult and face the same penalties as would an adult. An accused should never go into juvenile court without being accompanied by an experienced criminal defense attorney. Read more…

 

Kidnapping
The standard kidnapping charge involves the seizure and secreting of a person without their consent. However, it is not uncommon for kidnapping charges to be placed on a biological parent of a child who does not have the current right to possession after a divorce. Even in this situation, the kidnapping charge may even constitute a felony. Read more…

 

Murder/Manslaughter
Causing the death of an individual is likely to be a crime under the Texas Penal Code. The death can be charged as a capital murder, murder, manslaughter and negligent homicide depending on the manner and means of death. A conviction for capital murder can result in the death penalty. Strong criminal defense is necessary. Read more…

 

Parole Violations
Those who are convicted of a crime and sentenced to a term of prison are likely to be paroled at some point. An individual who is accused of violating the terms of his parole may be face a warrant and an administrative attempt to revoke his parole.  A person facing this procedure has a right to a hearing and representation of a criminal defense lawyer of his choice.  Read more…

 

Probation Violations

In many situations, an individual may plead guilty to a crime and be placed on community supervision. The Judge has the option of placing a person on Probation or Deferred Adjudication. Community supervision is always accompanied by numerous conditions such as community service, random urinalysis and frequent reporting to a supervising officer. A violation of any condition can result in a Motion to Revoke. A person accused of violating his community supervision has the right to a hearing and criminal defense counsel. Read more…

 

Resisting Arrest or Evading Arrest

Evading arrest can include fleeing from a police officer on foot or a car. Resisting arrest involves the use of force against an officer who is making an arrest or attempting to conduct a search. Threatening an officer or causing bodily injury to a peace officer can result in an Aggravated Assault charge. Read more…

 

Restraining Orders
A restraining order issued in criminal court is titled a Magistrates Order for Emergency Protection. Violation of this order can result in a revocation of bail or the filing of another criminal charge. A civil court can issue a protective order for family violence. A violation of this order can also result in the misdemeanor charge of Violation of a Protective Order.  Read more…

 

Search & Seizure
A police officer only has the right to fully search your persons or your property if they have probable cause. In some cases, officers must obtain a search warrant beforehand. An officer may make a limited search, often called a Terry Search, when they have reason to believe that a person being investigated is presently armed or has committed a crime. If the police have searched without just cause, the evidence obtained in the search may be suppressed. Read more…

 

Violent Crimes
These crimes are defined by their violent nature. Examples are murder, rape, aggravated assault and any crime where a firearm is used. Violent crimes are treated much more seriously by the prosecution than non-violent crimes. Read more…

 

Warrants
In legal terms, a warrant is a magistrate obtained authority to search or arrest. The constitution requires that the warrant be issued only upon probable cause. If you think you have a warrant, contact an experienced criminal defense attorney right away.  Read more… 

 

White Collar Crimes
White-collar crimes can be defined as crimes involving theft and fraud in business related enterprises. These include crimes such as fraud, embezzlement, mortgage fraud, insider trading and theft. Both the Federal and State Governments investigate and prosecute these crimes. Read more…

Ready to take the next step?

As soon as you are charged with a crime, you need to obtain legal representation as fast as possible. The more time your attorney has to investigate your case, the better your chances are of getting your charges lessened or having your case dismissed. If you are being accused of any of the charges discussed, please contact our firm today for a free evaluation.