Practice Areas and Legal Definitions

DWI/Driving While Intoxicated:
"DWI" stands for Driving While Intoxicated and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DWI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DWI could also jeopardize your employment opportunities.

Drugs and Narcotics Offenses:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

White Collar Crime:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Forgery:
Forgery is defined as a false signature, written document or material alteration made with intent to defraud. Documents that can be the object of forgery include contracts, identification cards, and legal certificates.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

If you or someone you know needs the skilled legal representation of an experienced San Antonio Criminal attorney, call Kerrisa Chelkowski today at 866-576-9217, or complete the contact form provided on this site to schedule a free consultation.

Professional Profile

If you or someone you know needs the assistance of an experienced San Antonio Criminal attorney, call Kerrisa Chelkowski today at 866-576-9217, or complete the contact form provided on this site to schedule a free consultation.

ADDRESS OF THE FIRM:
Kerrisa Chelkowski
1017 S. Alamo
San Antonio, TX 78210
Phone: 866-576-9217
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

• Kerrisa Chelkowski

BAR ADMISSIONS:

• Texas
• United States Supreme Court
• Federal Courts: Western District of Texas
• Southern District of Texas
• United States Court of Appeals – Fifth Circuit
  

DATE ADMITTED TO BAR:

• May 2002

EDUCATION:

• Texas Tech University School of Law, Lubbock, Texas, 2001, J.D.
• University of Texas at Austin, 1998, B.S.

PUBLISHED WORKS:

• The $25,000 Martini NSIDE Magazine - Consequences of DWI cases, San Antonio Business Journal, March/April, 2007
• Marriage, A Limited Liability Partnership Effects of Divorce on a Small Business Owner, NSIDE Magazine, May/June, 2007
• It Pays to Fight - Tips on fighting a speeding ticket, NSIDE Magazine, July/August, 2007
• Cooperating with the Cooperator - How to guide your client in cooperating with the federal government, The Defender (San Antonio Criminal Defense Lawyer Association Magazine, July/August, 2007
  

HONORS & AWARDS:

• Scene in San Antonio Magazine Top Lawyer's Edition
  • Recognized as a top lawyer in Appellate Law
• Scene in San Antonio Magazine Top Lawyer's Edition
  • Recognized as a Rising Star

PROFESSIONAL MEMBERSHIPS & ASSOCIATIONS:

• National Association of Criminal Defense Lawyers
• Texas Criminal Defense Lawyers Association
• San Antonio Criminal Defense Lawyers Association
• Board of Directors.College of the State Bar of Texas
• United States Supreme Court Historical Society
• Federal Bar Association.Texas Criminal Trial College
• Hildalgo County Bar Association.Faculty Member
• San Antonio Bar Association
• Bexar County Women's Bar Association