Criminal Defense Blog

  • Difference Between Murder and Manslaughter

    || 16-Aug-2017

    When someone commits a homicide, the unlawful killing of another person, it can be categorized as either murder or manslaughter. However, distinguishing between the two can be tricky, and somewhat subjective. The way a crime is typified may depend on the intentions of the defendant, their behavior, or whether or not they were provoked. If you are facing charges of either murder or manslaughter, it ...
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  • Your Rights Under the 6th Amendment

    || 12-Aug-2016

    When a person is arrested, they are given certain rights by the 6 th amendment of the Bill of Rights. This can be broken down into five parts which protect the accused. These rights are partially laid out in the Miranda Rights given by an arresting officer but will be fully explained here. The first right is to a prompt criminal trial. Infractions of this right are considered by four separate ...
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  • Connect With The Law Office of Kerrisa Chelkowski

    || 13-Apr-2016

    The Law Office of Kerrisa Chelkowski is a top-rated San Antonio criminal defense firm with over a decade of experience representing the rights of the criminally accused. Attorney Chelkowski has earned an outstanding reputation in the legal community for her history of obtaining “not guilty” verdicts and case dismissals. As a 10.0 Superb rated lawyer on Avvo and being named one of the ...
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  • Arrested? Don't Make These Mistakes

    || 25-Mar-2016

    If you or a loved one has been arrested, it is essential that you understand your rights when interacting with the police. The Law office of Kerrisa Chelkowski has put together a list of what not to do if you’re arrested. Don’t Run from the Police If you’re in trouble with the law, it is imperative you do not run away from the police. Often, police will think if you’re ...
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  • What Are Your Rights If You Are Arrested in Texas?

    || 13-Jul-2015

    If you should be taken into custody by a police officer, you have the right to know what charges are being filed against you and all of the potential penalties of those charges. You have the right to a lawyer, whether it is one that you hire or one that is appointed to you if you cannot afford one on your own. You also have the right to have a judge decide if you should be released or kept in jail ...
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  • After a DWI Arrest, How Can You Get Your Driver's License Back?

    || 19-May-2015

    In the aftermath of a DWI arrest in San Antonio, TX, it is imperative that you act quickly. The police officer who pulled you over and arrested you for driving while intoxicated has the right to confiscate your license at the scene. Law enforcement will then notify the Department of Public Safety of your charges, but you have the ability to contest your charges and license suspension. 15 Days to ...
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  • Drug Ring That Allegedly Passed Drugs Through San Antonio Gets Busted

    || 15-Aug-2014

    In late June, federal authorities uncovered a large drug ring that was allegedly moving large amounts of cocaine, methamphetamine and heroin throughout San Antonio, according to MySanAntonio.com. Local and state officers, federal marshals and Drug Enforcement Administration (DEA) agents spread themselves out through Gonzales County in an effort to arrest at least 10 people who had been listed in a ...
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  • Will I Beat a DWI Charge?

    || 2-Apr-2014

    One of the things that most people do not realize is that you can beat a DWI charge. Not even a failed field sobriety test or a breathalyzer test showing a BAC of 0.08% or more is enough to guarantee a conviction. Field sobriety tests are completely subjective. Breathalyzer tests and other types of breath or blood tests can also be inaccurate. An officer who is insufficiently trained, an ...
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  • Does Taking Prescription Drugs Affect My BAC?

    || 24-Mar-2014

    Your BAC, or blood alcohol concentration, is the percentage of alcohol present in your blood at any given time. The more alcohol you have in your system, the greater the chance is that you will become physically and mentally impaired. Drivers who have a BAC level of 0.08% or more can be arrested and charged with DWI. There are many factors that can affect an individual's BAC, above and beyond ...
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  • Can I Go To Jail For A Drug Charge?

    || 13-Mar-2014

    San Antonio is a hot spot for drug activity due to its close proximity to the Mexican border. Local law enforcement officers and federal agencies, such as the Drug Enforcement Administration (DEA), are quick to respond and act to any reports of drug-related traffic or illegal drug activity. If you suspect you are under investigation or you have been arrested for an alleged drug offense, the legal ...
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  • Can I go to Jail for a DWI?

    || 7-Mar-2014

    If you have been arrested for a suspected DWI, you may be wondering whether you could be sent to jail as part of the terms of your sentence. The answer is yes, even a first-time DWI offender could be required to serve between 3 and 180 days in jail if he or she is convicted. In cases where an accident was caused as a result of an individual driving while intoxicated and other people sustained ...
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  • Solving Crimes with DNA Evidence

    || 11-Feb-2014

    In the past ten years we have seen great advances and a powerful criminal justice tool: deoxyribonucleic acid, otherwise known as DNA. DNA is being used by law enforcement to identify criminals with indisputable accuracy in cases where biological evidence exists. But, DNA can also be used to clear suspects and exonerate individuals who have been wrongfully convicted of crimes they didn't ...
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  • What is the Process for DWI Hearings in Texas?

    || 27-Sep-2013

    The preliminary DWI hearing is not where you will be formally charged with anything; that occurs in the DWI arraignment. During the preliminary hearing, there is a chance that some or all of your DWI charges could be dismissed; however, you need a solid defense in order to do so. During this hearing, the prosecution will most likely be aggressive in nature, especially in the state of Texas. Law ...
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  • Labor Day Leads to Increased DWI Patrols

    || 28-Aug-2013

    Whether you are heading to the beach, heading to a BBQ or going out of town for Labor Day weekend, you can expect to see increased DWI patrols. The Texas Department of Public Safety (DPS) has announced a boost in DWI patrols between the dates of August 19 and September 9 in an effort to catch impaired drivers during the weeks surrounding Labor Day, according to KETK NBC. The department announced ...
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  • Two Admit to Killing and Dismembering Man

    || 20-May-2013

    According to MySanAntonio.com, an alleged murderer confessed his crime to out-of-state relatives before the body had even been found. Albert Guerra was found dead and dismembered in his Northwest Side home in mid-May, and both Michael Scott Quinn, 50, and Connie Yanez, 36, have been arrested in relation to the crime. “The motive for the killing wasn’t clear because both suspects gave ...
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  • What is the Process of Appealing a Case?

    || 6-May-2013

    In many court cases, whether it was a civil case or a criminal case, either party can be dissatisfied with the results. Instead of suffering through it all as a losing party or litigant, you may want to look into appealing the case to see if the judgment can be overturned. There are some simple things you can do to get the process started. First, go to the court or their website to get a notice of ...
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  • Mental Health and Criminal History Off Limits for Some

    || 24-Apr-2013

    In the wake of the Long Star College Cy-Fair campus multiple stabbing incident, there has been questions about why students are not screened before admittance. According to KVUE, the answer is simple: it’s illegal. In the state of Texas the law states that public institutions, such as schools, do not have the legal right to question whether a prospective or current student has a history of ...
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  • Expert Discusses Witness Mistaken Identity

    || 24-Apr-2013

    The San Antonio Express-News recently ran an interview with Gary L. Wells, a psychology professor at Iowa State University and also the director of social science for the American Judicature Society’s Institute of Forensic Science and Public Policy. Wells has been studying witness identification since 1975. He has conducted extensive research on lineup procedures and the accuracy of witness ...
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  • Burglar Caught on Camera Near Sugar Land

    || 12-Apr-2013

    A burglar in Fort Bend County was caught in early April by a family’s eight surveillance cameras, according to Kens5News.com. The family lives in the Village of Oak Lake subdivision near Sugar Land, according to Kens5, and had the surveillance cameras installed after “someone walked into their house a few months ago.” The cameras showed the thief getting into one of their ...
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  • A 44 year-old Von Ormy woman has been sentenced to 30 years in prison of the September 2011 murder of her boyfriend. Beatrice Ann Ibanez pleaded guilty to stabbing Alfred Ramirez, 46, in the heart. Ibanez initially claimed self-defense after the murder. But prosecutors had a problem with that defense because it was the same one Ibanez used in 1996 after she stabbed another boyfriend to death. ...
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  • Man in Bexar Jail Charged with New Crime

    || 28-Mar-2013

    Glen Dukes, 43, was already spending time in the Bexar County Jail when new charges were brought against him. Since February 7 th, Dukes was being charged for several counts of human trafficking and other sex crimes. The former pimp has now been charged in connection with the murder of a former working girl back in June of 2012. The woman who was murdered on June 2 nd was named Jacqueline Johnson. ...
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  • Tejano Star's Son Arrested on Suspicion of DWI

    || 22-Mar-2013

    The San Antonio Express-News is reporting that the 22-year-old son of Tejano star Emilio Navaira III has been arrested on DWI charges. In the early morning hours of February 23 rd, 2013, a police officer pulled over Emilio Casias Navaira IV as he was entering the ramp to southbound U.S. 281 from Northwest Loop 410 in his white SUV. The arresting officer reported that Navaira had bloodshot eyes and ...
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  • Man Shot by Police After Being Accused of Crime

    || 9-Mar-2013

    In early March a woman and her son were shot dead in their home, found by the woman’s sister, according to Click2Houston.com. A neighbor, Carlos Pomares, “was devastated to discover the loss of his neighbors, who he considers like family,” according to Click2Houston. “When I went inside the house, I found the mother dead on the sofa and the son on the floor dead,” ...
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  • Lesbian couple faces hate crime in Texas

    || 2-Mar-2013

    Partners Claudia Friedman and Christy Stewart recently came home to their Houston, Tex. Apartment complex and found Stewart’s motorcycle covered in animal feces and urine. The Dallas Voice reported that the vandal wrote, “Fuck you move your dike (sic) bike now” in paint on the concrete around the motorcycle. Although the motorcycle was left unharmed, the bike’s cover was ...
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  • Drunk Driving Law Student May Get Probation for Fatal DWI

    || 28-Feb-2013

    Four years ago, Chad William Schreiber ran over a motorcyclist while on his way home. The motorcyclist did not survive the incident and Schreiber was charged with intoxication manslaughter. On January 25, Schreiber pleaded no contest to misdemeanor driving while intoxicated, according to the San Antonio Express-News. Schreiber, who entered law school in 2009 and finished his studies after the ...
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