Criminal Appeal - How to Withdraw a Guilty Plea After Sentencing
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- Опубликовано: 4 июн 2024
- This video explains a criminal appeal and how to withdraw a guilty or no contest plea using a motion for new trial or writ of habeas corpus. Visit www.gustitislaw.com for more information about criminal appeal, how to withdraw a guilty plea after sentencing, and the best criminal defense attorneys in Bryan-College Station, TX. Follow us on Instagram: / sgustitis
This video considers the criminal appeals process and how to use a motion for new trial or writ of habeas corpus to withdraw an involuntary guilty or no contest plea.
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Disclaimer:
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
About This Video:
In this video, defense attorney Stephen Gustitis explains how to withdraw a guilty or no contest plea following sentencing in a criminal case using a motion for new trial or writ of habeas corpus. The video discusses this appeal route in criminal cases and criminal appeal procedure. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including criminal appeals and withdrawing a guilty or no contest plea. #guiltyplea #gustitislaw #criminalappeal
I can’t believe I googled this and the first video I found is a video of My Guy Stephen Gustitis explaining this throughly. U answered the all the questions I had 💯💪🏿
Big fan! Great videos man, love them! Keep up the good work man you're great!
Thank you so much for your encouragement.
@@GustitisLaw hey, I want to run a potential civil suit by you, I won't go into specifics just propose a tort and inquire about potential damages. It's very simple will just take a few seconds to think about! Thank you!
@@johgnu213 Since I don't practice civil litigation law, I am not qualified to help you, regretfully.
@@GustitisLaw shoot me a referral if you can! You can send a private message.
Great explanation and good understanding thanks for the share
Of course
thank you so much, this was what i was looking for. now its up to me to go after them.
Glad I could help!
Thanks for this video
Of course! Thanks for watching and making a comment.
Thank you, Sir!
Sure!
Excellent video
Thank you very much!
You just changed my perspective 🤙
Thanks for watching, Adam.
Great video. Can you please do videos on:
The importance of appearing before the Grand Jury
Petition for a writ of Habeas Corpus
Thanks for watching. The writ of Habeas Corpus is a very interesting topic. I will definitely consider it! Though I’m not sure that appearing before a grand jury is a good idea. In many states a person cannot have a lawyer with them inside the grand jury room. The possibility of incriminating yourself in that scenario is significant.
@@GustitisLaw Yes, can you speak to that...the pros and cons of an accused person appearing before the G.J. :
What are his rights, does he HAVE TO waive his immunity (and is that a 14th Amendment violation), can he plead the 5th under certain circumstances, to what extent can/he seek advice of counsel, whether or not he should testify on the front end (in order to attempt a G.J. dismissal of all the charges) vs. testifying at the back end (at trial), to what extent not appearing before a G.J. prejudices the accused in their eyes ( due to failure to confront charges and proclaim innocence), etc.
Appearing before the grand jury is often a trap. The grand jury’s function is not to determine guilt or innocence and not to determine witness credibility. Their job is generally to determine whether probable cause exists. There is no burden of proof in a grand jury proceeding. The prosecutor and grand jurors all get to ask you questions and your answers are being recorded. The chance of incriminating yourself is very high. Please consult with a qualified attorney before testifying in front of a grand jury.
I have an important question please. If the case goes to appeals court for the sentencing only, and the appeals court apply downward departure?
That sounds like a federal sentencing question, which I am not qualified to answer.
I’m going to study in being a attorney now definitely something I’m going to Pursue once I get older😊
That sounds awesome, Amy. Good luck with this difficult endeavor.
I’m represented by legal aid and same thing I was pressured on plead guilty because there is a low risk if you go to trial sentence is harsh. Also because if you accepted plea bergain we withdraw your other charges. But I am innocent and have good reasons for what happened. Really do no know if I should withdraw my guilty plea as legal aid told me that prosecutors will use it against me at trial. What to do now? I’m very stressed and in depression.
You need to make a choice. Weigh the advantages and disadvantages and then decide. I'm sorry this is hard but life is a series of choices we make. Many are easy, some are difficult. Do the best you can.
Hello sir my brother has got his out of time appeal granted by his plea trial judge not the court of appeals
That sounds like great news. Do you know why the judge granted the motion?
Mr. Gustitis , I would like assistance on a plea I was force to plea. Even thoe I didn't want to but my attorney continuesly will tell me to plea. In addition to pleasing I was added a drug bust of another person were I was not involved in not I was aware of those drugs were to cross us and who was bringing them. After my original charges district attorney s added an enhancement charges for the drugs I knew nothing about and the person driving that car she bail out and never came back to court.. not to mentioned there's a new law in California that took affect Jan 2022 on removal of anhencent on none violent drug related charges! What can I do??
I have no idea since I have no independent access to the facts, law, evidence, and circumstances surrounding your case.
Is there a way to prove being targeted and is it illegal for it to be done to someone?For example "targeted individual"
Hello Gustiti i need your help if you can help . I plea for drug charges in califirnia but the there are lots of mudt takes the law enfircement made violating my rights , by usung infri red electronic camaras with out an warrant, i was harrass by the federal givernment after i was release by bsiling out. I was given 5 attorneys abd 1/2 yeaes later i plea not becayse i wanted too but i was overwhelm. Can you help i am going to court on monday 15th of august
I cannot help you. If 5 lawyers could not help, there is no way I can help. Good luck with this difficult case.
I am from San Diego California but I was charged in imperial valley. Thank you
I asked a public defender if he can get a hold of a witness for me and he said "absolutely not"
I took a conviction and I have conditional discharge.
I have a private attorney for that case and should I ask him if I can withdrawal my guilty plea on the basis that the court provided me a public defender that wouldn't contact a key witness to my case?
The only decisions a client has 100% control over in their case are (1) what plea to enter, (2) whether they will testify in the case, and (3) whether to accept/reject a plea bargain offer made by the prosecutor. In all other decisions, they have only limited control. You never explained why the public defender did not want to call your witness. That is an important fact. If that fact had any component of a legitimate trial strategy, the lawyer will not be found ineffective.
Hi, took a plea on two separate charges two separate places for Probation. They only write off one charge during court. Also, my lawyer promised me they were dropping the gun charge. I was also told by the state it was getting dropped instead of them charging me with a lesser charge I was charged with both charges I took a plea, not understanding
Since I'm not familiar with the facts, circumstances, law, and plea discussions in your case, it's impossible me to render any opinion.
this information, is a godsend for an innocent man,and along with already having evidence of Brady violations, fitting Pattern or practice, evidence/proof of egregious judicial misconduct and violations throughout The Rules Of Criminal Procedure . Finding an attorney who has the guts in the state of Arkansas to take this win has been disappointing, how do I contact the Bar Association about this? I can't get any solid search results
Look up the Arkansas State Bar Association on the Internet. You should find the number there. Good luck.
My son was with a so called friend and the friend shot another firend and he passed and the friend that shot the other friend committed suicide and my sons attorney did not represent my son affected by law and had my son take a 20 yr plea or fight an get 98 yrs. Just was wanting to see if he can still withdraw his plea?
I cannot make that assessment. To withdraw a guilty plea your son will need to prove his plea was involuntary or coerced. These two terms are terms of art in the law. A full investigation must be completed to determine whether your son has a case. I’m sorry this has happened but you need to hire a specialist.
I was scared into a plea because the prosecutor pulled me to the side and told me that if I don't take the plea deal my co-de (also my cousin) would get 5yrs. but I PROMISE I was innocent. I wasn't there when the crime esd 8 committed but I was with him when he got caught. the "victim" even said it on the stand. pointed to me and said I wasn't there. what can i do?
You are in a difficult situation. Hire a lawyer skilled in writs of habeas corpus to see if any post conviction remedy exists in your situation. You’ll probably need to prove your guilty plea was involuntary, which is a substantial burden. Good luck.
Is it true if someone gives up their
Citizenship and agrees to leave the country immediately the charges against them will be dropped I have heard of this also I have heard of a friend of mine his dad was a congressman and was friends with the governor he had committed three bank robberies went to prison but got his record clean from the governor
Dropping the charges is 100% up to the prosecutor. I have no idea if this is the policy in your jurisdiction.
Can you please give us some hope about Cameron herrin case
The case is fully going wrong 😑
I don’t know since I have not reviewed all the law and evidence applicable to the case. Your defense lawyer will have access to this information and can, therefore, give you informed advice about how to develop defenses.
Do you need a lawyer to enter a plea of ineffective counsel affecting a voluntary plea?
Yes. The fact you asked the question suggests you are not equipped to handle this complicated matter on your own. Get a good attorney to help you with it.
How many times can you appeal a criminal case, is there a fixed amount or can you appeal as many times as you want
That depends upon your state's appellate rules of procedure. Please refer to those rules to answer your questions. Thanks for visiting my Channel.
What do you do if you confess your guilt and then evidence appears that may exonerate you?
Juries will generally believe a confession unless there is indisputable evidence the confession was a lie. It's tough, but it's reality.
How do I do this???? I believe I have I believe I have only like 10 days literally
You need a lawyer to attempt this legal maneuver. You must prove your guilty plea was involuntary, which is a difficult thing to accomplish since the judge at your plea bargain hearing has already ruled your plea was knowingly and voluntarily made. I don’t believe you are equipped to present this case without legal assistance.
How do you challenge a probation sentence wit a writ
There must be some constitutional violation. A trained defense attorney can help you analyze the facts.
What is a overturn eviction appeal
Your choice of words describing this process has confused me since I don't know what you are asking. Nevertheless, if convicted a person can appeal the decision by following the appellate rules of procedure. On appeal, the lawyer will look for error that's been properly preserved to determine if the error may cause the higher court to reverse and remand the case for a new trial.
Good afternoon! Can a petition reduce the sentence or is it collateral?
That depends upon the state law governing the petition.
@@GustitisLaw Thank you very much! Best regards!
Up to how much can the bail given to a suspect
That depends on many factors, none of which am I familiar. I wish I could be of more assistance.
I plea guilt in 2002 ...and was sentence to 5yrs...at time was very concern abt being deported ...my lawyer explain to me ....saying it was my first crime n it's a no violence crime ...i will be ok...that did not happen I was facing deportation...now if I had know this I would not have plea guilty...the court was to inform me by plea guilty i will be facing deportation...the court fail to inform me abt deportation...i did file a motion to reopen my case n was dinene....any advice on what to do next ...
Hire a lawyer skilled in Writs of Habeas Corpus. You should also consult with an immigration attorney about this matter. That is equally important. Remember, if you win the Habeas Corpus, it will take your case back to the beginning and you must defend your case all over again. Good luck.
Let’s say you plead guilty and you was under the influence but the judge never asked was I under the influence during the guilty plea can it be withdrawn ?
Maybe, maybe not. The judge can still find you competent to enter a plea bargain without asking you whether you were under the influence. Why didn't you tell the judge you were under the influence at the time of the plea?
Can a plea be withdrawn yrs after conviction?
Only if you can prove you guilty plea was involuntary in the first place. If it was, then you must defend the case from the very beginning all over again.
Do you practice in ca?
Negative.
Thank you for the informative information. My son had 4 Ineffective Attorney's. Now he's been sentence to 6 years. For 6 none- violent Protection Order misdemeanors. He has no criminal background history, already spent a year in jail. One Attorney abandoned him. Only to be recently sentence in the most egregious insidious sentencing ever. Can you say Nebraska. Any information or how we can fight his sentencing. Please help. Thank you 🙏
Four constitutionally ineffective defense attorneys sounds incredibly unusual. Remember, just because the attorney does not get the results you expected or required, that does not mean they were constitutionally ineffective. You'll need to hire a defense attorney licensed in Nebraska. They will evaluate the case and determine whether there might be claims to raise in the case. Good luck.
@@GustitisLaw Yes it sounds unusual. But I'm in California. They are in Nebraska. Would you have any information on how to find an Appeal Attorney?
I watched many of your videos and this 1 showed up today after an awful day yesterday. I was scheduled for a guilty plea (I wanted no part of) and 1st thing I called my lawyer (public def) I am NOT taking a plea and go to trial. Well on my phone call log is about 12 calls and 2 voice mails between 2 lawyers in that office telling me I HAVE to take this or my case is in serious trouble and I will spend my life behind bars etc. When I was so upset I was crying and couldn't speak the lawyer said I am concerned about you mental health and take a breath and go to court. Also found out that the company against me has already received their insurance money awhile ago regarding this. Which blows my mind since until yesterday no conviction 9r guilt has been admitted in 995 days! Yeah and the 995 days I also asked twice for lawyer to make a motion for dismissal on speedy trial law and he told me it's going to get denied and irrelevant. I was charged in July 2018. I have cried all night and am beyond mentally exhausted and sad that this is how the system works without any regard to the effect on people.
If you are willing to accept the risks, then you have the right to take your case to trial. NO ONE has the power to make that decision except you. Regardless of what your lawyer says, or 20 other lawyers, it’s you decision and your decision only.
@@GustitisLaw the sad part about it all is I found out Thurs when the public defender called 13 times and left 2 voice-mails pushing me to the point of a full blown panic attack by me that I had no choice but to plead guilty that day or they would issue a bench warrant. I also told him and someone in the judges chambers I want trial and apparently the insurance company for the organization accessing me already has made a claim pay out !!! How do they pay a claim before the charges are settled? This is why I feel I am out gunned because my lawyer will not do what I ask, answer questions I have or fight even alittle for me and give me a fair shot to voice my side. They also claimed on Thurs they still have no dollar amount yet as far as restitution? Yet the insurance paid out already.
@@cathywalters7939 I'm sorry you are going through this experience. Maybe you should considering hiring another defense attorney.
I’ve watched Cameron Herrin’s court. As he said that he wanted a guilty plea, and he was sentenced to 24 years. Can they appeal the judgement in this case?
I don’t know. He will need to follow state law to successfully appeal the case.
@@GustitisLaw thank you
Judges still deny your motions even if everything is filed timely. It’s not about law or evidence when you’re the victim it’s about exhausting you so you can either give up or fall behind resulting in a dismissal of your case.
Filing motions and getting rulings is more about perfecting appeal issues.
@@GustitisLaw I understand that but you guys rely everything based on precedence on previous cases lol it’s not only unnecessary use of court time it’s a waste of paper to have to reprint everything over and over to the higher courts when the lower court could provide them directly with a duplicate copy of practically everything. So what really is going on here? 😂
Listen..this is IMPORTANT..I'm in TN, I paid my layer whom he made me feel that a guilty plea would help me out and then I would get scared and drop I really believe that that is not the case I feel pressured into saying guilty.also there's just things that he wouldn't do he wouldn't show the judge my physicians letter he said if I spoke up that the judge might give me more time or something and to make it even worse I saw a trial go before me and it was a man who actually had sex with a 17-year old and he was already a registered sex offender and you only got probation.. I know the judge felt I was being pressured. I'm sick to my stomach. I had two cases. Btw they are old cases. One was a state trooper that pulled me over but I was in a seen store! But my car was running n I was NOT driving but he was rude and the tape shows that I could have beat that. The other one is ridiculous and I didn't do any thing wrong at all. I worked my ass off to get where I am and to get get my license back in that was just taken away from me Friday my lawyer did not discuss that with me either. I'm in shock actually what Happ ened
Please see my response to your additional comment.
🌎🙏🙏🙏✝️ Thank God I have overcome the. Every violation broke. A Writ of habeas corpus should have never been suspended
My brother was railroaded...and his attorney was terrible
Allison: You may consider consulting with an appeal attorney at your earliest convenience. Depending upon the State in which your brother was prosecuted, there may be strict time limits that apply to his case. The appeal attorney could counsel him on the different options he has available to him. I appreciate your question and good luck!
Lawyers are officer of court first nothing is equal I was told to shut up I was told we not going there Hitler is alive
Can you withdraw a guilty plea before sentencing in Federal court?
I don't know. You'll need to ask a lawyer licensed in federal court to help you.
I got charged with solicitation of murder and got put on the news . Police asked me on Social media if I was serious and I did not respond. They beat me up and put me on the news anyways . They took my phone but I don't feel guilty. My Lawyer said to take the second chance program + expungment but I know I'm not a murderer.
You need to evaluate a proposed resolution of your case against the facts, circumstances, and reasonable inferences made therefrom. You need to evaluate the risk to you by going to trial. What are the chances something worse could happen based on the factors outlined above.
classes how to sue? also?
👌🏽👌🏽👽🤔included
Unfortunately, my expertise is defending criminal cases, not filing law suits. I appreciate your visit, however. Thanks!
Back in 1992 i was 18 and i never been in trouble my public defender gave me some bad advice abd scare tatics
What is your question about the case?
@@GustitisLaw you answered it in your video! I was concerned about the amout of time that has passed in my case to change my guilty plea
@@bombay3201 I'm happy I could help you. Thanks for watching my video!
I was forced to sign an agreement not to pursue my case to defend myself and i was told i must accept them as felonies . I wasnt even guilty of either charge
can a 20 years old appeal a suspended sentence?
That depends upon the state law regulating appeals. I wish I could give more specifics, but that's the best I can do at this point.
I'm in Louisiana, and I went to court. In s split second I was force to make a decision thst I regret. I am innocent, my court appointed attorney, spent no ti.e on my case , no one listened to me, I was not even aware I was going to be arrested, then spent all my saving on bond 6000.00. I have been at of work for three months now. I feel discriminated against and robbed legally.
No justice on justice. I was so emotional, but I. Not gonna let this go ,
I'm sorry this worked-out so badly for you. I appreciate you commenting and visiting my Channel. I hope in the long run things get better and you can resolve this. Good luck.
The government of Indiana keeps suspending my license over sr22 if u don’t know in Indiana that is is state required car insurance. How can I get these people off my back. Also my license expires soon.
I don't know. I think you should consult with an Indiana defense attorney about this problem. Thanks for your question.
Can u please do a video teaching me what rights i have as a “victim” when i did not want to prosecute the offender and the police keep putting him in prison
Victims rights are a matter of state law. However, the decision to prosecute ALWAYS rests with the government. If they want to prosecute, if does not matter what the victim wants.
Are the rights waivers ever varied from case to case? All I see when watching various Michigan trial courts on RUclips are cookie cutter waivers.
If you are talking about plea bargains, the waivers are basically the same. You waive your right to a jury trial, the right to force the state to prove your guilt beyond a reasonable doubt, your right to present a defense, your right to cross examine the witnesses who testify against you, your right to remain silent, and your right to appeal.
That's what I meant, yes. Ok, thank you. I was thinking maybe right to appeal could sometimes be negotiated but probably not.
@@weebgrinder In some states the defendant can preserve an issue for appeal by raising it pretrial and getting a ruling. Such a situation might make it possible to appeal, even after a plea bargain.
I need your help my pleaded guilty after my Mrs pushed me and i pushed her back for the first time hence she was shocked that she called the police no one was hurt but i convicted with a common assault record
I'm not sure there is anything I can do to help you. It sounds like your case is over and done with. Is that true?
@@GustitisLaw i appealed the case and my Mrs wrote me a supporting letter and the judge has agreed on leave and its like a new trial i dont know really i dont want to mention racism playing a part on this sentence but??? Nway thats were the case is at now
@@tendaiparwa3672 How do you believe racism is a factor here?
how can i help my son prove the sheriff and a detective have falsified records and after a year of going in to register, how com the sheriff never put my sons correct address and phone number in the right way.? he showed his drivers license and gave HIS phone number, NOT his wife's. yet they both said he was living in a different county, i went to Florida to visit my son and his wife and i know where he was living because i stayed with them, on 2 different occasions. the detective even came to where he lived and did not leave a card stating she was there.. he has gone through 3 public defenders. the first left without letting my son know to become a pd in another county. the second one never called or went to see him in jail, the 3 which was the 2nd ones boss, set up and appointment to go and see my son and he saw other inmates but blew my son off. they said they have discovery information but have never let him see it. my son has a court date the 15th of august and he doesnt know what is going on. what can i or my son doi?
Regretfully, I have no idea how to prove records were falsified in your son's. I recommend hiring a qualified criminal defense attorney who will investigate these claims and give your son advice about how to proceed. A complete investigation is critical. Only a lawyer "on the ground" can provide the service you need. Thanks for asking such an important question.
What about 6 years later & after I already completed my sentence? Im 100% rated by the VA for PTSD from my service in Iraq & as Military Police Officer. I was stripped of my SSRI medication & not provided more until weeks after my arrest & if I had my own mind, I would’ve fought my case to the end but my b.s. public pretender insisted I take the plea but to this day, I know that what happened to me was 100% self defense & Im innocent of what they accused me of. I was held in a observation cell by the Cudahy Police Department for two days before being interrogated & I was not in my right mind. I should’ve screamed attorney but I was certain I was innocent. I just went bankrupt but some day I want to clear my name if I ever have the opportunity. Is this possible or am I I delusional?
So, about a month ago, I was given a ticket for driving with an invalid license. I had no idea that my license was invalid at the time. My license had previously been suspended for having too many tickets within a year. I paid my reinstatement fees but was not aware that I still had to take a driving course to get it fully reinstated. 2 days ago, I went to my arraignment and the judge asked me if I had a license at the time and I said I don’t believe so. He then asked me if I ever had a license and I said “no” again (but that’s not the case). I didn’t know by saying this I was pleading guilty. I didn’t explicitly plead guilty. The judge never asked me how I’m pleading. He just signed a paper that orders me to pay a fine for a minor traffic offense. I’m doing research and found out that driving while invalid is a misdemeanor ( class B). I want to withdraw my plea. Would that be possible??
I wanted to attempt to ask the judge for a deal such as court supervision for my mistake but I was scared to speak up for myself since it was my 1st time going to court. Would I be able to withdraw since I did not have legal representation, and was not properly informed of the charges and consequences of the plea???
You might be able to withdraw your plea but you must prove your plea was involuntary. That’s where a defense lawyer will come in handy. I recommend hiring a criminal lawyer immediately to investigate your case and give you advice about how to proceed.
I was sick vomiting all over the place yet prosecution and my public defense still compelled me to take a plea deal that harmed my case more!
That does not make any sense. Why didn't you go to the doctor?
@@GustitisLawI wasn’t even able to walk, they didn’t provide water but still compelled me to take a plea. At that time I had no idea I also had cancer I’m sure if you took a look at my case you’d be like “what in the Oreo cookie happened here” all over a pepper spray I was carrying inside the courthouse But wait, there’s more! The court imposed fines that weren’t even operative until about two years later.
@@GustitisLaw I tried but they threatened to issue a warrant if I left and they said “we can tell you’re not feeling well so let’s get this over with so you can be on your way Mr. Rosete ok? just sign the papers.”
My lawyer didn’t tell my he was going to say no recollection of events that was NOT discussed. I remember everything. He also told me that the prosecutor was not responsible for producing all witnesses? There is 24 minutes of the dash cam footage missing. Including where 3 officers tried to push me up against an SUV when I was not doing anything but talking. The blood took 6 days to get to my state capital. I saw a ER physician that night who found multiple things wrong with me. I filed for an appeal but I was in custody at the time. I never heard anything. They also gave me a private investigator before I went to a preliminary examination to find this other “phlebotomist” I claimed drew my blood. She signed my rights sheet, it wasn’t a claim. They had her signature. I’ve never heard of the court paying for a private investigator? After I tell him about the stop 24 minutes goes missing on the tape? She even logs the time on the paperwork. It’s so sloppy.
It does sound sloppy. I wish you the best of luck in this case. Thanks for making an important comment.
@@GustitisLaw I know you do not have all factors of this case. I was convicted. I was pressured to take a plea, by this court appointed attorney following me around the court telling me to take the plea. Consistently. Part of the plea was they dropped a traffic ticket. Except they kept a warrant out for me. I was arrested for it. Jailed. For 7 days. When I went back for my sentencing on this case I was on zoom while driving because of a horrible accident on the roadway. I was told to report to probation? Then asked to provide a urine sample. I stated no, because I had no idea what the hell was going on. They gave me 30 minutes to provide that sample. Then took me upstairs to the court room. My sentencing turned into a “review” I’ve never heard of this either. I was again 3 days later put back in jail. For another 10 days. For contempt. The drug test I signed for said one thing, and when I went back to court that afternoon 3 more drugs were added to it after I had signed it. I could pass a drug test with the results they had for the OWI. I could drive for the DOT, but I’m intoxicated? They would render me a healthy employee but won’t look at the medical tests done from the ER that shows my potassium levels were almost critical. Needing a heart monitor and IV for placement. That they gave me IV fentanyl for pain in an ER. That I was having cysts rupturing on my right ovary and had been in contact with my OBGYN and insurance all day long. The potassium level alone effects every muscle in your body, making you unable to balance. They could have subpoenaed the phlebotomists schedules to show who was working easily. To show, the 2nd one never drew my blood. To have this vacated or something i don’t know because clearly they are not interested in the truth, do I contact my attorney general my appeal paperwork was not filed. I know you don’t know all factors but just to have someone else in my state to look at this case what could I do. They even revoked my probation. On a minor technical violation after I had already paid a grand into my fines a first offense I was given 2000k in fines 240 hours Community service
My lawyer provided ineffective assistance of counsel. 1. He never discussed the incident report with me nor allow me to read it. 2. He fraudulently completed the plea form and he filled in the wrong date. 3. He failed to investigate the case. If my lawyer would have properly investigated the case he would have found out that I am the victim! I was falsely arrested. Author of A Fadeaway Dream of Justice to Redeem.
I understand your position here. But please know that winning an ineffective assistance of counsel claim requires the petitioner to prove, not only the lawyer failed to do something, but also requires proof had they performed the action there is a reasonable probability the result of the case would have been different. Good luck with your case!
@@GustitisLawif the lawyer opposes the pleads to be struck your new attorney will than have to crossexamine your previous lawyer of ineffective counsel assistance based on evidence gathered by your current attorney the pleads can be struck if you can prove your previous lawyer failed to comply by the protocol each lawyer is suppose to abide by good luck 👍
Help I'm literally supposed to go to jail n I was told I would get weekends and I could do that and he would not let my position see this and I literally for physical reasons cannot be there day by day...I'm scared. N don't gete started on how many lawyer s screwed me n my son's case ( family court) ppl were paid off left n right. The guardian ad litem even admitted thZf he would lose his bar if he spoke up!! I swear! The kicker? My mom intervened to help get my son paid 12,000 n the man did nothing n this other lawyer never sent me a notice to court made me look like a neglectful mom BTW I had my daughter the whole time..that case even confused DCS...I have tried to go to his home call him send gifts send cards n drop money off but her ,( my child's Fathers mom) that passed away , her husband would call the police. Also I don't even know an order is correct because the original 2011 signed by Judge T had to recuse himself! So how is any of this sticking!!?? Then they tried to drop some kind of paperwork to me ( adoption) but I never signed anything cuz I know how dirty it is n they would have used my name...June 2013 my mom was there the ad litum even my lawyer. He told on me lying asked to be not my lawyer...crazy!!! My mom says she was begging him n my lawyer to do something they did nothing k don't why happened even if that was legal. At all. I mean it's 2020 my son is now 11 n i believe he needs to be with alll of his family. I've Neve r quit fighting n I never will I suppose he may be with the aunt now...so what can I do
I do not understand the issue your are attempting to describe in your comment. I'm sorry I cannot be of help to you.
Criminal damage to kennels housing hunt dogs.
Facts: Ms Brummel had entered a barn situated on her father’s land which she
knew was used to house hunt dogs kept for the local Hinckley Hunt. She
freed the dogs into the surrounding countryside and took an axe to the
kennels, reducing them to matchwood. In interview with the police she stated
that she objected to the practice of hunting with dogs, stating that it was a
cruel and inhumane practice and that, given the chance, she would do the
same all over again. Can you help me with this. Just some good points. i need to talk for 5 minutes, in front of my Lawyer lecturer. Please Thank You.
I appreciate your visit and your question. However, apart from giving general advice like remaining silent and hiring a qualified criminal defense lawyer, I don’t talk privately with my viewers. I have many viewers call my office each week to discuss their cases. I don’t have the time to do that, unfortunately. With that said, if you would like to schedule a consultation in my office regarding a Texas criminal case, I’d be happy to have my assistant put it on my calendar.
So if I was denied medical care from a hospital, and I was brutalized by the police, and they tased me in hand cuffs in the cop car. they lied on the police report and my lawyer told me she was going to send me to prison i needed to talk a guilty plead that i didnt want to take i told him i wanted to go to trial. the plead bargin was no fines no fees and no probation. im already a criminal i took the deal then the judge sent me home cause she didnt like my shoes and the next day asked me what drug i do cause i just look like a drug.
no one will help me at all i have health problems because of how many times they tased me i was in hand cuffs in the back of the cop car and two of them were tasing me at the same time bleeding and half dead twitching from the tasers. that was when they took pics laughing at me and that there is more. No one will help me and it makes me so mad. i deserve to be heard i have been looking for help for a long time what do i do i deserve justice?
You can set your case for a jury trial and tell them your story. Maybe the jury will give you the justice you desire. But maybe they won't. That is a risk you must be willing to take. Good luck and thanks for your comment.
@@GustitisLaw thank you. I assume that they would love to hear it. Can you tell me where should I start? What kind of lawyer do I need? I can't find anyone in Birmingham AL that even wants to listen to my case. Do you know anyone here in Birmingham AL that you could refer me to that won't just turn me away at the door?! Thank you for your videos and your reply sir.
@@jessicamac1307 Unfortunately, I don't know anyone in Alabama to refer you to. Please keep trying to find a criminal defense attorney to represent you in criminal court. If you want to sue somebody, you'll need a civil litigation attorney.
So I got a PCs for meth at 15 I was never ua’d for and never received a positive blue readout on in court, lead to general decriminalization FAIR enough please treat me to methadone at least,
Thank you for visiting, Alex. I wish you well.
I'm really regretful about pleading guilty because I only did it because my lawyer made it clear that I'd lose several times n I also felt like he didnt so enough investigating until the last minute and even with all the facts he had he kept telling me that the district I was in was likely to side with the police even with all the factual evidence we had against them that they couldn't prove... I was told that just because they said I said something and I am a repeat offender that the judge would like find me guilty anyway which is why the day of trial I made the decision to plea guilty and even when the judge was asking me was I sure and I wasnt I looked over and he was nodding for me to say yes to all the questions the judge asked which I regretfully did but he was appointed to me months prior and for a whole month we had never even spoken until I threatened to have him withdraw then he emailed me the day after acting like he was going to do his best to help me which he didnt do and we never even met personally until the day of trial... is there anything I can do to withdraw my plea? i just plead guilty last tuesday and its eating me up because i honestly feel like i had a better chance if he'd done more work more earlier rather then wait til the last minute... he didnt even get a discovery til 3 days before trial and I didnt hear the audio of the supposed traffic stop until that sunday night before I was supposed to be in court that Tuesday morning... the audio did not even mention the violation they said I did it only said they seen me turning on a street which was a absolute lie because i was parked in a driveway when they jumped out on me and i haven't drove within a hour or more that night prior to them jumping out on me in my friends driveway and they wrote statements saying I said things I never said as well as a traffic stop that never happened... plz help me asap! thanks in advance!
Unless you can prove your plea was involuntary, you are probably stuck with this result.
@@GustitisLaw how can I prove it? what would I need?
@@mittaphingaroudyb4429 I don't know since I have not independently investigated your case. You must hire another attorney to complete this task.
@@GustitisLawIf I can prove my lawyer did not start investigating my case until 4 days before trial would dat help? he was my lawyer for a month before we spoke for the first time and didnt get a discovery until 2 days before trial... he also told me I wouldn't be able to challenge the stop in court which is their probable cause for the search so they said... the judge said a would be able to challenge the stop but my lawyer was nodding his head yes when the judge ask me do I still wanna plea which I wanted to say no to at the time but was scared my lawyer didnt want to fight for me so I said yes regretfully... I could have proved that the stop never occurred though!
@@GustitisLaw also I never gave a statement or admitted to any of the lies they were saying.
Why is it so difficult to find an attorney that wants to do or see what is morally correct done. To the life of someone who had been railroaded their entire life... by all the adults that were to watch out for their best interests.
Are their still attorneys that are human beings 1st or rather agencies that are in law enforcement's that want to know the truth... no matter the financial cost? Or is it true money is the ruling factor in a person charge guilty, quickly, quietly. Money stays in the pockets at the cost of a human beings life... that is someone's child.
Not everyone is guilty; some are thrown under the bus to have case done easily and move on to next case.
No one allows the 1st incident of a crime to find out what happened to have a human flip to the side of life they are accused of being at.
Why the person is even in a situation they are caught up in.
I speak of numerous people, my own son is one, my father is another.
We have no magic looking glass to see the elements of what possible life experience might have played in the mindset to crime.
In courts we never look at... did the child or child now adult suffer trauma... that was, is still very prevalent not dealt with in how that emotional trauma has affected them. Wrong place right time to place guilt.
What a crime lacks in 1st offense is never finding out to investigate the child or adult. No one wants to do the work; I find I to be not cost effective to law enforcement agencies.
I have only one message, when we see numerous charges... some of them done repeatedly; would this not show that someone needs to care enough about the about why in 1st place? No let's throw the human, guilty or not out like dirty bath water.
But if one takes part in finding this human guilty and they aren't... when you set at your meal tonight I hope you never forget that you are as guilty as what you see and say in the prisoner behind bars is you yourself. Without a conscious or bars, you are more dangerous than half of the inmates incarcerated today.
I'll give you the facts that you can't fight the system.... but you never had to join them in destroying a human beings life... that the last human failed. Now you are part of our situation.
Enjoy your meal and freedom that you sold yourself out for.
Remember not all legal systems are corrupt... some are just not Andy Griffin or Mat Dillion.
Black and white writing is never without being read. Remember this.
Not ever guilty person is guilty not every innocent human is innocent or without guilt.
Lawyers are never concerned about morality. Their concern is about zealously representing the client within the bounds of the law. That is how the adversarial system works.
These courts have no power over you unless there is a contract. That all caps name is a LEGAL fiction and not you, The living breathing human. Sign nothing but if you do sign as the representing agent of the LEGAL name, also add without prejudice. A drivers license will put you in STATE OF ? Jurisdiction and voting, taking any benefits, or work for federal or the STATE. “Are you a U. S. Cotizen? Or are you a United States of America citizen? You could be a UNITED STATES,
INC. citizen. Perhaps you are a state national?” Even as a citizen (sovereigns have God given rights, citizens have privileges and taxes). The District courts are banks and you can’t win. It’s a racket. They have no power over you that you don’t give them.
Then don’t watch my Channel.
Back in biblical times there were no attorneys, no lawyers, no defenders; there were only judges and the affected parties. Anyone remember when Jesus was accused? He didn't have nor was appointed a defender, instead He was brought to Pontius Pilate, a governor to judge into the matter.
So; what happened?
Overtime governments; a created fiction, developed a complex system of laws where only a few could benefit monetarily while the commoner or common man is left with no recourse because of the ignorance on these matters, all by design in order to extort money from the people.
That’s an interesting theory. Do you have any historical facts to support your conclusions? I would love to hear about them.
You use the word law Teach the people about jury nullifications tell the people about oath bond anti bribery foreign registration certificate of participation talk about positive law talk about bar cards talk about no one has a license to practice law only a bar cards. Talk about article three courts . Talk about the status talk about codes Talk about legal ease color of law I DARE YOU
I'm sorry you did not enjoy the video. Thanks for your comment, nevertheless.
Never said l didn't enjoy the video
Fair enough. Thanks for watching.
@@BILL-vi7vd could you briefly elaborate on what these things mean?
Hello i am going through same thing plz help me. ?
I was got released from immigration on june 14 /19 got prole came home.
Somwhow here at dauphin county i was under investigation for breaking in and thefts charges (165 counts of theft 56 faloney and multiple dockets from multiple jurisdictions for all the crime that was commted since 4/2019 to 8/24/2019)
Please note this i don't get released intill 6/14/19
During my peraon saty waiting trail to 8/24/19 to 6/24/2021 i hade a court appointment layer windy gerrrila. She was no help at all..but however wile i was in person i desperately want it to fight my case. Which i did..
I start filling all the motion as pro say .such as suppression motion.rule.600.. enffective console.fruit from poissaniosed tree..and etc.. all of them came back from court satying your. Your lawyer Must file the motion..which she never did. And on August 17 2022 i took a plea deal to concatst. Knowing i hade a salode allbi during the time the crime was going on here at dauphin county..i was very helpless sir .still am this country dont play fair..i wanna fight my convention. Will you help me? Can guide me please where i can get a help
I have no thoughts. Since I have not independently investigated the law and facts applicable to your case, I'm not competent to provide any opinions. I'm sorry.
I disagree totally with you, the Guilty Plea depends on the evidence. If there is enough Evidence meaning undeniable Evidence any Judge will override meaning that the Plea Guilty will stand on Court in the other hand if the Plea Guilty is coerced or Suggested and or under pressure Confession to Pleading Guilty then the defense lawyer could have Ground either to file for an appeal Court and or Reject and or take the Plea Guilty back from Court and Stand Trial with the Defendant against the Prosecutor's Plea Guilty Deal and or without a deal there when the Defense Lawyer knowing his Chances of a quittal meaning exoneration . Guilty plea depends upon the Circumstances of the Guilty Plea and usually depends on unquestionable Evidence.
Thanks for adding your opinion to the discussion here.
JAJAJA judges are as filthy as the attorneys appointed by the courts😊