I have a case where the wife legally possessed several firearms, there was a search warrant for the home, & because her husband was a former felon 20+ years prior, he was then charged with felon in possession. The case is still ongoing. All deputy reports state the husband was not armed, & not near any of the firearms found in the home. Wish them luck!
Aye boss man u gain upmost love honor and respect from out my way 💯 thank u for these upmost great boost of education in these short videos u hit all the main points n don't go talking about random shhh that is totally off topic thumbs up
If someone has been charged with a first degree misdemeanor as a juvenile in possession of a firearm, are they still legally allowed to own firearms in the future?
I don't know. That is a matter of your state law. In any case, I could not give advice on the question, anyway. If something went wrong, I don't want someone coming after me for the mistake.
If you let the officer know the car is not in your name can they still search the glove compartment even if it was locked without you nor the owners consent
I'm being charged with a gun charge. First time ever getting charged with anything ever. Not sure what to really do. They stopped me for my license plate light out when it wasn't. My attorney really isn't talking to me or doing anything for me.
Then hire another attorney. Please remain silent and find counsel you trust. They will review the law and evidence applicable to the case and give you advice about how to defend it. I wish you the best of luck.
I've seen several of your videos, Stephen. One problem from your point is the assumption of honest cops. Too many times there are dishonest cops. BTW, I've had no serious problems with the law.
I agree there are dishonest cops. But the vast majority of police are honest because most do not want to jeopardize their law enforcement career over a single bad guy. If they are dishonest more than just once, eventually they will get caught and they'll be watching my videos. But I don't understand how my assumption is a problem in my videos. Can you explain what you mean?
@@GustitisLaw Yes. I could list the names of many notorious officers who committed aggravated assault or worse, then floated a fishy tale. Then there are police tactics to circumvent rights.
@@GustitisLaw My POV: two hundred years ago people knew pretty much knew what was required of them to avoid legal issues. Now there are thousands of laws that are so complicated a citizen could be a felon and not even know it. Prohibition really doesn't work.
@@leventy11 I agree there are probably too many laws criminalizing behavior. The only way to fix that problem is to change the laws. That's why we have the right to talk to our representatives and ask them to vote for new laws.
I live in California, I was involved in an accident after coming back from a friend's father memorial, I had a bit to drink that day but was not drunk, I still waited a bit before I decided to drive, about 5 mins to my house a dog crossed the road which made me swerve in order to avoid hitting the dog, my car flipped and went into a ravine, there was a witness that saw the accident and told the cops what happened. The cops that were first on the scene were kind and attentive and were going to take me home when another cop showed up and asked the cop speaking with me if he ran a breathalyzer on me, the cop said "no I didn't think I had to" then the cop speaking with me asked the new officer on the scene do you want to run a test, he says yes, so they did and said I was being arrested for DUI, they pat me down and found a gun magazine in my pocket and asked me if there was a gun in the car that was totalled, I said "idk" they checked the car and found a gun which is mine and is registered to me, so they also added that charge to me, any advice on how to go about this? Thank you in advance.
I’m glad you were not seriously hurt. Please remain silent and hire a qualified criminal defense lawyer to review all the evidence in your case. After the evidence review the attorney will be positioned to give you legal advice and strategize defenses. Thanks for visiting my Channel.
Thank you Mr. Gustitis! This video about beating a gun possession charge ties right into your video about pretrial motions to suppress. Additionally, the advise here can also be used for beating drug charges as well, as you discuss in your 4 ways to beat drug possession charges. My attorney filed a motion to suppress due to a violation of my 4th Amendment rights. The motion listed the relevant case law for jurisdiction, state, federal circuit, and even Supreme Court. The officer essentially violated my 4th Amendment rights as interpreted under Rodriguez v Nebraska. Even if the extension to the traffic stop was considered a voluntary "conversation" (officer returns license and registration, shines light in my face, and interrogates me about drugs and weapons), the officer reached in through the window of my car to unlock and open my door. According to caselaw from Baltimore, the action was considered a search. Additional caselaw from Maryland establishes that "furtive movements" is not enough to establish reasonable suspicion to perform a "Terry frisk." Additionally, the bodycam footage from the officer and his partner failed to show any fear from the officers during the initial approach to my car, and they acquired my license and registration and performed the normal tasks of the traffic stop without issue. Though I made the mistake of not exercising my 5th Amendment right to remain silent, especially AFTER the officer opened my door, it would appear that any statements or evidence collected would have became fruits of a poisonous tree. The case didn't even go through the motion hearing because the state's attorney nolle pros the charges (30 days to three years possible sentence) upon agreement that we allow the state to destroy the pistol ($200 value) collected by the police. In addition to not "riding dirty," I'd recommend to your viewers to exercise their 5th Amendment rights (in some jurisdictions the defendant must verbally invoke their 5th Amendment rights before going silent). Thank you again for posting your helpful videos.
It’s unfortunate to see that you aren’t uploading anymore. I have learned so much here. I think it would be interesting if you covered tax evasion, operating a business without a license, and illegal gambling
I certainly appreciate your visits to my Channel. Thank you! Since my Channel has increased my caseload tremendously, I simply have too little time for writing and production of videos presently. I hope to get back to it sometime soon.
@@GustitisLaw we need more videos. You can make a lot of money on RUclips posting videos about your knowledge of the law. It just takes time, patience and consistency. Please keep it up 👍🏼
My cousin uses my car some days and left his gun under my car seat. The police stopped me and my two friends then asked to search my car because of tinted windows, smell of Marijuana. I refused the search but he told me ic I don’t consent he will get a dog and warrant search then let him searched and found a gun of my cousin charged me and have unsecured bail of $200k. How can I approach this case?
I had a wreck & they towed my car to a towing lot & then they Found the Gun and called the police . Then ; Police Located the gun and charged me with it . But here’s the kicker , I know some people that got me some information and The police officer wrote it up as he found it Away from me ( Away from the car ) Not on me or In my reach . Is my case beat or do they still have me ? Please and thanks
Great video ! But I need help ! I’ve recently got caught with a gun poss charger , and my friends did all the talking I was to stay silent because overall my friends try to take his gun back , and told the cop it was his . But still took me . What others tips do you have ?
My most important tip is for you to hire a criminal defense attorney immediately. They will review all the law and evidence and help you decide how best to defend your case. Remember to remain silent and talk to NO ONE about the facts of your case. Answer NO QUESTIONS except those from your attorney.
hey that's funny I'm glad I did open this up and read the comments that's what happened to me I'm sitting over there now confused I didn't say nothing but I never knew that it was a weapon in there until they got us up out of the car and I and I'm seeing it but I did open my mouth and tell him and I forgot everything that you say can and will be used against you in a court of law. But when they saw my record and saw that it was clean and I had no cases of any such things like that in my background I know for a fact that's why they gave it to me because I had to clean back background! What did you do for your case and how did it go for you cuz I'm trying to see how I'm going to do this with my court case coming up my thing is I never knew the gun was really in that nor that I have a touch it it wasn't mine so why would you give it to me but I know why because while I was sitting that makes it look like it was mines
My boyfriend is facing a gun charge and this is his first offense. His 3rd court date is today I hope his lawyer does the job right bc he was just at the wrong place at the wrong time. The gun was never used nor serials were scratched off. I have faith in him simply bc it’s his first offense
I understand how you feel. But remember every criminal case depends upon the facts. Even though we often believe in our own innocence, the facts may tell a different story. I wish your BF the best of luck.
@@thelauramariej I live in NYC so I guess there’s a new law if you don’t wear a seatbelt & the cops see it , you can get in trouble. He was in a cab and the cops saw he wasn’t wearing a seatbelt so they pulled over the cab & they searched him
I’m being charged with possession firearm witness say it fell out of boot called cops after I left and gave him a gun and said it was mine what should I do ?
In LA, California, a police officer acted on a tip that drugs were located in someone’s ( a felon’s) car. They then held the person under arrest until another policeman came with a warrant but they only found a gun in the car. He is now sitting in jail awaiting a court date but I’m wondering if there’s any way at all to beat this case? (The gun was not used.)
I have no idea. That question can only be answered after a thorough review of all the facts and evidence available in the case. What does his defense attorney think?
If someone in the car claim that the gun was their weapon and the police stated no they not I'm charging the driver with them and refuse to let the owner claim they weapon what can I do about the chargees
Mr G... good news! Nolle pro se qui on my case! I want to thank you for your help and exquisite videos. They were a blessing in a great time of need. I would like to ask you though since legal research online results are not available it seems, on a dismissal without prejudice, how does the statute of limitations work to refile or reopen a case or charges in Missouri? I realize you are licensed in Texas where law is more transparent but the best I could find was “ most states say plaintiff must refile before statute expires which is 30 days. The info. Seems to get mixed with civil cases statute of limitations as well to add to the confusion. Coincidentally queries about return of property seized were answered with let the ink dry for 30 days by the paralegal. I also know that crimes committed can have statutes of limitation for years but I can’t find how that applies to dismissed w/o prejudice charges beyond a doubt. Can you answer this by chance or tell me where to search if not. Thanks again for all you do hope I can thank you in person someday.
Every crime in your state has a statute of limitations, except possibly a few exceptions. Dismissing without prejudice means the case can be refilled within the SOL. There is a place in the state’s criminal law or procedure listing the limitation periods. I would start there in my research. Good luck with this project.
@@GustitisLaw that would be 3 yrs here at least for felonies. I thought that article about 30days wasn’t right . I just couldn’t determine if there was a difference between a fugitive and a dismissal. Looks like it’s the same for both unfortunately. Thx... we are honored and humbled by your help ...good luck with the weather. We have about a foot of snow, record cold and frozen pipes.
I got a gun charge for literally defending myself against a guy who broke into my car, just cause it was loaded, but I only loaded it cause he was hurling bricks at me. The cops fished on me finding drugs in my place, but literally just cause a guy broke into my car .
My sons childhood friend sat in prison for 2 weeks recovering from a knife wound that has destroyed his hand. bcus he was stabbed and he defended himself with the only weapon he had on him also a knife. Much better than having a gun on him! This person stabbed a few people and this boy stabbed him in defense and probably saved from there being more victims. But he get arrested and can’t post bail so until they can hash out the situation they put him in prison. self defense while black is illegal but white men can shoot black kids for walking with skittles
Hi, my son has been arrested for suspect to a shooting they search his room with no warrant them waited to get the warrant did not find a gun and still in jail with possesion of a loaded firearm how can that be if nothing was found thank you
The police can always make-up something to arrest someone for. The key issue at this point is to make sure your son is keeping his mouth shut!! No talking about the case, no answering questions about the case, no sound, no communication with any person on this planet about the case. Next is to hire a qualified criminal attorney to help him, immediately. Thanks for your question and I wish your son all the best.
I was going to the va in Tulsa Oklahoma to get medication for ptsd because I’m a vet and I need your help. How may I contact you? I don’t want to share anything publicly.
@@GustitisLaw so I got charged with with gun possession loaded in my packet plus drugs. I’m a permanent resident in Canada, what can I do to not get deported?
@@yemenifrankwhiteakawaliyg2051 if it’s disassembled, it’s not a firearm. It’s just the pieces to build a firearm. But it is not readily available to use so they can’t necessarily charge you with anything unless serial numbers are scratched or you have an illegal part for the firearm. This is my opinion and I still advise you to get legal advice from your local attorney
By filing a motion setting forth the legal basis for the illegal search, seizure, and involuntary consent. A hearing is then conducted, evidence is taken through witnesses, and finally the judge makes a ruling on the claim of an illegal search.
I wish I would have seen these videos when the police came to my house and i was not informed of any rights and when I did speak everything i said Was used against me when There was no stable evidence ...
So should I called them and let them check my house before my peace order in Maryland this Tuesday but dc police got me for it a bench warrant for assault I got served the cpo saying stay away and turn over a firearm I don’t have
Gustitis Law I wasn’t compelled the officer asked if I had any weapons in the car... he already said it smelled like weed..(which I was smoking a vape so it couldn’t have) he was asking to search my car and had a K-9 on the way so either way he was getting into my vehicle so I had to tell him yes or more issues would have arose...
@@sosoinnocent3671 You were not required to tell the officer anything. If you admitted the fact you had a firearm, your confession will be used to prove your knowledge.
Gustitis Law thank you for your replies and time as well....I’m still a little confused but I think I understand what you mean... there was no way to stop that search but telling him I had my gun is where I went wrong because he should have found it... correct.?
@@sosoinnocent3671 Telling him you had the gun was evidence the police used to justify the search. I don't know if the cop had other evidence (reasonable suspicion) or not to support a search.
I was catching a ride home with a friend and 3 others and the police pulled us over. Claiming some bs about the headlights and honestly nothing was wrong with the car I guess that was their excuse to search the car. The driver clearly told them no y'all cannot search my car but they proceeded anyway. They ended up finding a gun and locked me up and only me because I'm a felon. I wasn't driving it's not my car or my gun and I never seen the gun before or after the search. It's a weak case and I don't know why they haven't thrown it out yet but I go to trial Feb 18th for transporting a firearm
What does one do if they're a convicted felon and they discover a firearm that belonged to a deceased family member who lived with said felon but had no knowledge of the weapons existence and the police are trying to charge the felon with unlawful possession of a firearm by a felon ?
The jury must believe the convicted felon's explanation why the firearm was there and why he did not know about it. If that story is credible, it might work. If it's not credible, they will convict him.
Mi nombre es victor.por favor este caso es grande.mi hijo estaba en medicina y se puso medio loco.el tenía una pistola van.en palabras cortas.llego un carro de protección.casi lo mataron.mi cuarto estaba cerrado.el jues firmo un papel para registrar toda la casa.en mi cuarto.se llevaron mis armas.yo no tengo nada que ver en este caso.como le puedo hacer.para que me den las armas perdón por no escribir en ingles.hablo poco inglés escribir un poco gracias espero su respuesta.
If the person consents to the contact, that's a good stop. Otherwise, the police need reasonable suspicion to detain someone under those circumstances. Thanks for your kind words.
I was arrested outside of a business at night time looking for my girlfriend. When I was arrested they found a handgun on me. I have no prior crimes or run-ins with the law. Can I avoid prison time this is my first felony.
@@GustitisLaw someone called & said I looked suspicious. I was arrested for being carrying a gun without a license. What kind of sentencing can I expect?
@@GustitisLaw would it be in my benefit to save money & go with a public attorney for this case or should I hire a criminal attorney for a lot more money. What’s better to keep me out of prison.
@@michaelweston409 What will keep you out of prison are facts, not attorneys. Hire the best attorney you can afford and trust their judgment. Good luck and thanks!
What if someone has issued a written statement claiming ownership of the firearm, provided a copy to the clerk of court, DA's office, and your attorney? Statement was notarized and everything, but they're still striving to get you to cop out to a plea simply because they don't want to fight the case??? Other than express your conflict of interest with your attorney and file he/she ineffective as counsel, what do you do.
Im fightin a gun case in dc . First Time Ever Bein Charged In That state. They do have evidece of my finger prints on it though. Im Worried about the Situation. But what ever happens happens. Thing is Offcier stopped us from parkin in a bike lot. He had no reason too check da car and flash on us right? For that cuase?
An illegal traffic stop could be the basis for a motion to suppress the gun evidence in this case. However, I cannot speculate upon the strength of such a claim without reviewing all the evidence and law applicable to the case. What does your defense attorney think?
I live in illinois. Got pulled over, police searched vehicle and found a gun in my backpack. What are the odds of avoiding jail time or getting court supervision?
I have no idea, without knowing the evidence in your case and knowing about your prior history, if any, with law enforcement. Please remain silent and hire a defense attorney as soon as possible.
i had a charge like this 30 yrs ago .. but i was stopped randomly on the street and there was no probable cause i since then tried to get my second amendment rights restored can i resurface this case to clear these charges or is there nothing i could do.
In 2018, I was arrested for CCW in California. I was in a vehicle that was not mine nor was I driving. The officer said to the driver that the vehicle had illegal window tints. The officer asked the driver if the car was his because it had Nevada plates. He took the driver’s license and confirmed the vehicle was his. The officer then asked us two to three times if any one in the vehicle was on probation or parole(no one was). The officer retreated back to his vehicle for about 15 minutes without communication to anyone in the vehicle I was in. He walked back to the driver’s side and gave everyone back their ID’s. He then started questioning the driver’s viable hand/arm tattoos(making small talk). Two more officers showed up. Once the other two officers were in position(one behind the original officer and the other on the passenger side) the original officer asked if there was anything illegal in the car. The driver said no. The officer then says if he can “take a look around”. Keep in mind that at this point the officer put his hand on the driver’s door handle and the other two officers put their hands on their firearms. They power of intimidation on the driver which made the driver panic and ask why did he get pulled over. The officer responds “illegal smoked tail lights”.(Notice how he changed his response from the first time) The driver then responds “Oh alright”. The officer then opens the door from the outside(displaying a kind of force upon the driver). The driver then voluntarily exits the vehicle and as the officer cuffs him he says to the officer “I’m going to let you know right now there’s a weapon on the vehicle”. The other two officers then run to the passenger side and draw their fire arms on me. I put my hands up and they yank me out of the vehicle through the passenger window. They continue dragging me to one of the patrol cars (20-30 feet away). Where I was placed under arrest and read my rights. They say they need someone to say the firearm is theirs or else we all go to jail. I confess that the fire arm is indeed mine(which it was). I go to the station where they take my finger prints and dna swabs. Nothing comes back(this is my first offense ever). I then get told I’m going to be transported to county jail because CCW in California is a felony. So at this point I’m freaking out because I was born and raised in Nevada where there is no open carry restrictions, there are no magazine restrictions and there is no firearm registration(only suppressors need to be tagged) and yes I know it was my responsibility to know the gun laws of a state I NEVER live in. I get processed into county jail and my charges are as follows : 1. CCW ON PERSON (Felony) 2.CARRY LOADED FIREARM IN PUBLIC(Misdemeanor) 3. CCW ACTIVE CRIMINAL STREET GANG(Felony)(the officer filed me as a gang member for having an “LV” tattoo on my stomach which stands for Las Vegas) 4. CCW W/ LARGE CAPACITY MAG(Felony) 5. CCW LOADED / NOT OWNER(Felony)(hence; no registration for firearms in Nevada law). I spend a year fighting the case, ended up spending $21,000 on a lawyer alone during the whole process. About $5,000 more on travel expenses from Nevada to California(since the judge didn’t grant me the help of having my lawyer go to court without me). I end up only beating the large capacity magazine charge and the gang enhancement charge. I plead guilty to the rest of the charges. I plea for a deal of 3 years felony probation and 90 days home confinement. So now I’m a 21 year old felon( I was 18 at the time of arrest and 19 when I plead guilty) with two more years of probation left to complete. I no longer have my rights to bear arms anywhere for as long as I live.
I am sorry about the difficulty this case has placed you into. Keep working hard. I'm sure opportunities will eventually open for you. Thanks for visiting my Channel.
Brother I JUST went through something like that similar but I’m in the south so it workers out in my favor but I wasn’t able to practice my 2nd amendment until the case was over best advice I can give to you is let this be a lesson to you stay out of trouble keep your nose clean just work and those 2 years will fly by then once it’s done get your rights restored and move down south so you can freely practice your gun rights
In oregon. Someone been charged with felon in possession of a firearm but the state doesn't have the gun, just a couple witnesses saying you possessed one. Can they convict??
Unless you have a GOOD LAWYER, you’re going to get convicted more than likely. My boyfriend is currently going through this right now, and he only had a public defender. Of course he took it to trial because he really was only using the gun for self defense. (Someone hit his nephew with a car, his nephew pointed his gun at them, couldn’t shoot, they were going to run him over again, my boyfriend ran over and shot the gun off twice, nobody got shot, and he didn’t have anything to do with the situation except for trying to prevent his nephew from getting tan over again) BUT they still found him guilty.
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.
Thank you so much for sharing your knowledge! I have a question for you, what if the suspect was not read his Miranda rights. Also the weapon was found by police when they went retrieve the a accused cigarettes from vehicle after he was handcuffed for 20 mins and questioned
If you are accused of pointing a gun at someone but the gun is not found on you but in the bushes 150 feet away from you on a main road can you be charged with possession of a firearm?
Hi, my son was arrested in Michigan and charged with CCW bonded out the next day on 2500.00 bond judge and the paperwork only says CCW. I called the next day and they said he had two felony charges aggravated assault and CCW and that the charges did not have to be on the paperwork. I thought all charges have to be presented to the judge before bonds set
Self defense is an issue of your state's law. Usually, the amount of force used to defend oneself must be appropriate in light of the force being use against you. In other words, you usually cannot use self defense if you use a gun to a defend yourself at a fist fight. Please discuss this defense with your defense attorney to help you decide whether self defense can be used in your case. Good luck.
If they break into your home and they are holding a weapon and you fear for your life and you have proof you were fearful before you used your firearm(video surveillance) is Best case scenario, Worst case Scenario is if they break in and they don't have a weapon at all and you kill them without evidence you were fearful. You will most likely catch a manslaughter charge. You must show proof that you were fearful , and the attacker was coming at you with some kind of weapon. Correct me if wrong but this is just how Cali Works 😢
I appreciate your interest in my videos! Over recent years my law practice has become increasing demanding. Consequently, my ability to script, shoot, edit, and publish new videos is very limited. I will do my best, however. I appreciate your comment.
Hey I need your opinion on my case I’m fighting as we speak, possession of a fire arm, but police just stopped me from walking to the store, I had fire arms inside my jacket but didn’t run or talk back I remained silent
Anything is possible. The trouble is, I have not reviewed the facts of your case. Furthermore, I’m not familiar with the prosecutor’s office policy regarding these cases. Lastly, what do juries assess in these cases in your jurisdiction? These are all the things I must know to properly answer your important question.
What if you’re the passenger & the driver is a licensed driver but the cop tells her her license is suspended just to get us out the car & search. Find a firearm under the passenger seat & charged me? He stopped us cuz the car registered to a rental place is what he told us then on the paperwork he say it’s because of the tints? Which should I challenge the stop or search?
im being charges with unauthorized possesion of firearm and careless use of a firearm they entered my house without a warrent on suspition i pointed it at somebody so am i screwed?
I have no idea. I would contest all searches and seizures in your case will timely filed motions to suppress evidence. The judge will decide whether the evidence is admissible. Good luck and thanks for your question.
Hey thank you for posting this. I’m currently fighting a gun possession by felon charge and the gun was in plain sight on the passenger seat but I was completely unconscious for hrs in the car. The police report clearly states that he tried to wake me up multiple times and I was unresponsive and when I finally came to he asked me if there was anything illegal in the car and I said no. he informed me of the firearm and I didn’t say anything else. would the prosecutor still be able to prove that I KNEW I was in possession of the firearm?
Yes, by circumstantial evidence. But to answer this question, all the evidence and facts must be reviewed to assess the strength and weakness of the prosecutor's case.
Go after the prosecutor and officers in court under title 18 U.S.C. section 241 conspiracy against rights, title 18 U.S.C. deprivation of rights under color of law, title 5 U.S.C. section 7311 perjury in violating oath of office, title 18 U.S.C. section 1918. If they had no legal lawful search warrant to search you or your vehicle nail them for violating your 2nd,4th,14th section 1 amendment constitutionally protected rights (liberties,use fruit of the poisonous tree and exclusionary rule in the court and 42 1983,1985 against them.
My friend is also fighting same charges similar situation. He was sleeping then awaken along with another passenger and she was let go while he was handcuffed and questioned for 20 mins. Then the police said he could smoke a cigarette and when retrieving them from vehicle they found a weapon and he was charged. He also was not read his Miranda rights and the other person was let go. His attorney is fighting these charges as he sits in jail for almost a year now with no trial date set.
In Connecticut my friend’s (felon) car was found crashed and police found a gun in it . The police went to his house and he told them he was car jacked and beat up . He was charged with Evading responsibility of accident but still not charged wit criminal possession . What might happen next ?
I have no idea. I'm sorry I cannot be more specific, but I know nothing about the actual facts and circumstances of the case. I appreciate your visit, nevertheless.
I have no idea. I don't know the law applicable to the case, I don't know the facts of the case, I don't know how juries in the jurisdiction typically sentence such cases, I don't know the criminal record of the person, I don't know the prosecutor, judge, or defense attorney. I need all this information to answer your question.
What does your probation conditions say? It also depends upon the offense for which you are on probation. Under this situation, that is really all I can tell you.
in la a friend of mine was pulled over for not having rear license plate on. her partner came around and noticed a fire arm holstered on the floor that was later ruled it was loaded after the search. firearm under his name and they gave him a misdemeanor being his first offense. what should he do? and or what can the consequences be
If I get caught with a stolen firearm and it was under my seat of the car but it wasn’t my car and I was with two other friends will I loose the case ?
If I was in somebody else's car and they found a gun in the globe Box and drugs can they charge me with it and if they never gave consent to search can they use it in court
Yes and yes. The government can charge anyone with anything, unfortunately. Whether the case is a good case for the prosecution is another question, all together. If the police have probable cause to search a vehicle, they don't need consent. So the battleground in this case may be whether the cops had probable cause, or not. That is where your criminal defense attorney comes in handy. I hope this important case goes well for you and thanks for your question.
Gustitis Law what if it was a case where it’s my wife’s car and her registerd gun was in the back seat on the floor ammo in glove box an cops pull me over for no insurance and sees a flashlight to a gun in the car I never knew gun was in vehicle so I gave permission to search car an there was a registered gun in there belonging to wife
I was pulled stated for swerving. Onlye field sobriety was eye test and intoxayzer at the seen . charged with DUI bac after blood taken .006. Had told cop I had taken my med which was prescribed after recent neck surgery and had current prescription. Was taken from the screen another office did inventory search of contents found two fire arms that were mine registered to me in work bag in back seat of the jeep and other in bottom of center console. I own two autoshops and few rental properties carry large amounts of cash. Never in my life had vehicle searched. This was 3rd Dui I swear I never drink. Got one at 21 and like 27 I'm 43 now. I have a good dui lawyer. But working about how versed in fire arm cases just looking for some guidance. Have also already. Appreciate advice
I sounds like most of your issues are well in hand. Regrettably, I cannot give advice on my RUclips Channel since I don't have access to the law and evidence related to the case for an independent review and evaluation.
Where were you in the car and where was the gun? Are your fingerprints or DNA on the gun? What statements were made at the scene regarding the possession of the gun? The answer to those questions will probably answer your questions.
I have no idea. To express an opinion about possible results I would need to review all the law and evidence applicable to the case. The best person to ask this important question is your criminal defense attorney. They will have access to the evidence and can give you a much more informed opinion. I wish the best of luck and thanks for your visit.
I have a question, since Texas recently legalized constitutional carry are you required by law to inform a police officer if you have a gun in your vehicle if asked
Let me ask you this. Cops are always concerned about officer and bystander safety. In fact, safety is of utmost concern to them. If you have a firearm in your vehicle, what do you think you ought to say?
@GustitisLaw I wouldn't say anything that doesn't need to be said to them. Their "safety" doesn't supercede my constitutional rights. If they're so concerned about their safety they need to find a new line of work. Telling em something that doesn't need to be said just opens you up to further questioning
I got a pending case where a cop said I had a back license plate light out but he pulled me over from the front , he was in opposite lane and did a automatic U turn before he even seen my light was out , do I have a case ?
I have already pleaded guilty but I'm not innocent. I pleaded guilty for the sake of peace and reconciliation. But the person refused reconciliation. I'm only left with the prosecution to read the facts of the charges for me. How can i defend myself in this case 😭😭
I appreciate your desire for me to post new videos. As a practical matter, however, my law practice keeps me so busy it is very difficult to plan, shoot, and edit videos at this time. The next best way for me to serve my audience is to answer every question that is set for in the comments section. Thank you again.
The police usually must prove the person who entered did not have the effective consent to enter. Further, they must prove either theft was committed (or any felony) after the entry, or prove the person who entered had the intent to commit theft or some other felony.
I’m an Georgia Resident but I was charged with illegally concealing an firearm in SC, the car had an Oder but no marijuana inside, I told the officer I had an firearm before he pulled me out of the vehicle and I went to jail that night, even though the gun is registered to me. This was last year April and still no court date, I have a paid lawyer though
Hire a qualified criminal defense attorney immediately. Further, the accused person should remain SILENT and ANSWER NO QUESTIONS from anyone until they consult with the lawyer. Thanks for the good question.
I live In California and i was arrested for a dui. The officer claimed he witnessed me "slowly weaving back and fourth but within the lane" and also driving "50mph in a 65mph maximum zone" on the highway. I was in the number three lane " the slow lane" with no traffic on the road, besides my vehicle and the officer. the officer followed me for a quater mile and then annitiated the stop. Do i have a chance of actually getting a lawyer and beating this case? i aslo refused breathalyzer and blood test as well as field sobriety test. later obtained a warrant for blood draw.
The stop may be the key issue. I doubt you'll have the ability to litigate the legal issues involved, so my recommendation is to hire a qualified criminal defense attorney to help you. There may be other defensive issues in the case and your attorney can help you to identify them. Thanks for your question and for stopping by.
A contract is not criminal law, it is civil law. And I'm not sure which "rights" you might be referring to. Also, a contract might call upon one party to waive rights they have. There is nothing wrong with that.
It's sad that someone simply wanting to defend their person and their family / friends is considered a felon just for doing so.
No they aren’t. Simply follow the law and you shouldn’t have any problems. Good luck and thanks for visiting.
Damn
This only in Canada: the argument here is u should contact the police if any such incident transpires
@@grandfatherm5774 When seconds matter, police are minutes away.
Yeah you’re 20 years old tryna defend your fucking family and get hit with a felony
Post more law videos, they help a-lot, and the dedication i see when u reply to almost everyones comment is insurmountable.
Thank you for your visit and your kind words. If anyone learns anything from my videos I hope I’ve taught them to keep their mouths shut.
Men of firearm charges, may we overcome these charges and buy more firearms in the future!
That depends upon the final outcome of the charges against you.
Hallelujah
Yessir
I have a case where the wife legally possessed several firearms, there was a search warrant for the home, & because her husband was a former felon 20+ years prior, he was then charged with felon in possession. The case is still ongoing. All deputy reports state the husband was not armed, & not near any of the firearms found in the home. Wish them luck!
Free all dem guys who ain’t make it back to the comments for da replies🔓💯
Good comment!
No Kap 💯💯
On bro
You must have failed English
@@charliegoodspeed240 hell na! fam-o speaking str8 fax! 📠
Thank you mister your channel is very informative and has taught me a lot hope the best for you
Thanks!
Aye boss man u gain upmost love honor and respect from out my way 💯 thank u for these upmost great boost of education in these short videos u hit all the main points n don't go talking about random shhh that is totally off topic thumbs up
Thank you very much.
Your so clear and articulate. Thank You.
Glad it was helpful! Thanks for watching.
If someone has been charged with a first degree misdemeanor as a juvenile in possession of a firearm, are they still legally allowed to own firearms in the future?
I don't know. That is a matter of your state law. In any case, I could not give advice on the question, anyway. If something went wrong, I don't want someone coming after me for the mistake.
If you let the officer know the car is not in your name can they still search the glove compartment even if it was locked without you nor the owners consent
@@liltrillowens3291 The police need your permission or probable cause before they can search.
@thehurt loccer are u gonna do any time or they let u off on probation or house arrest or sum
I'm being charged with a gun charge. First time ever getting charged with anything ever. Not sure what to really do. They stopped me for my license plate light out when it wasn't. My attorney really isn't talking to me or doing anything for me.
Then hire another attorney. Please remain silent and find counsel you trust. They will review the law and evidence applicable to the case and give you advice about how to defend it. I wish you the best of luck.
@@GustitisLaw How long can you go to jail if your 17 but you get pulled over for an illegal firearm. But you never got in trouble with laws before
@@jmaiyahbradford6253 most likely gon get probation. Just look up the charge in your state
How did ur case go
@@jmaiyahbradford6253how much did u get?? im dealing with this rn
I've seen several of your videos, Stephen. One problem from your point is the assumption of honest cops. Too many times there are dishonest cops. BTW, I've had no serious problems with the law.
I agree there are dishonest cops. But the vast majority of police are honest because most do not want to jeopardize their law enforcement career over a single bad guy. If they are dishonest more than just once, eventually they will get caught and they'll be watching my videos. But I don't understand how my assumption is a problem in my videos. Can you explain what you mean?
@@GustitisLaw Yes. I could list the names of many notorious officers who committed aggravated assault or worse, then floated a fishy tale. Then there are police tactics to circumvent rights.
@@GustitisLaw My POV: two hundred years ago people knew pretty much knew what was required of them to avoid legal issues. Now there are thousands of laws that are so complicated a citizen could be a felon and not even know it. Prohibition really doesn't work.
@@leventy11 That still does not explain how my assumption "is a problem."
@@leventy11 I agree there are probably too many laws criminalizing behavior. The only way to fix that problem is to change the laws. That's why we have the right to talk to our representatives and ask them to vote for new laws.
I live in California, I was involved in an accident after coming back from a friend's father memorial, I had a bit to drink that day but was not drunk, I still waited a bit before I decided to drive, about 5 mins to my house a dog crossed the road which made me swerve in order to avoid hitting the dog, my car flipped and went into a ravine, there was a witness that saw the accident and told the cops what happened. The cops that were first on the scene were kind and attentive and were going to take me home when another cop showed up and asked the cop speaking with me if he ran a breathalyzer on me, the cop said "no I didn't think I had to" then the cop speaking with me asked the new officer on the scene do you want to run a test, he says yes, so they did and said I was being arrested for DUI, they pat me down and found a gun magazine in my pocket and asked me if there was a gun in the car that was totalled, I said "idk" they checked the car and found a gun which is mine and is registered to me, so they also added that charge to me, any advice on how to go about this? Thank you in advance.
I’m glad you were not seriously hurt. Please remain silent and hire a qualified criminal defense lawyer to review all the evidence in your case. After the evidence review the attorney will be positioned to give you legal advice and strategize defenses. Thanks for visiting my Channel.
@Me Too That is bad advice.
God damn, bad luck!
@@funkyRUclipshandel Thanks for your visit.
" This is a gun
- I didn't know
How did you get it
- A bum asked to trade I said I'll just give you $4 & he still handed it to me.
Where is the bum? "
What is your point here?
Thank you Mr. Gustitis! This video about beating a gun possession charge ties right into your video about pretrial motions to suppress. Additionally, the advise here can also be used for beating drug charges as well, as you discuss in your 4 ways to beat drug possession charges. My attorney filed a motion to suppress due to a violation of my 4th Amendment rights. The motion listed the relevant case law for jurisdiction, state, federal circuit, and even Supreme Court. The officer essentially violated my 4th Amendment rights as interpreted under Rodriguez v Nebraska. Even if the extension to the traffic stop was considered a voluntary "conversation" (officer returns license and registration, shines light in my face, and interrogates me about drugs and weapons), the officer reached in through the window of my car to unlock and open my door. According to caselaw from Baltimore, the action was considered a search. Additional caselaw from Maryland establishes that "furtive movements" is not enough to establish reasonable suspicion to perform a "Terry frisk." Additionally, the bodycam footage from the officer and his partner failed to show any fear from the officers during the initial approach to my car, and they acquired my license and registration and performed the normal tasks of the traffic stop without issue. Though I made the mistake of not exercising my 5th Amendment right to remain silent, especially AFTER the officer opened my door, it would appear that any statements or evidence collected would have became fruits of a poisonous tree. The case didn't even go through the motion hearing because the state's attorney nolle pros the charges (30 days to three years possible sentence) upon agreement that we allow the state to destroy the pistol ($200 value) collected by the police. In addition to not "riding dirty," I'd recommend to your viewers to exercise their 5th Amendment rights (in some jurisdictions the defendant must verbally invoke their 5th Amendment rights before going silent). Thank you again for posting your helpful videos.
I appreciate your kind words and constructive ideas. Thanks, so much!
Great information 🙏🏽
I’m goin through this now
I wish you the best. Make sure you have a good attorney working for you.
same
Listen and learn how to get out. Facts for illegal search
Same here bro, on some real shit we’ll get this through🙏 we just some niggas bro
@@CRAZYRICOOO Thanks for visiting.
It’s unfortunate to see that you aren’t uploading anymore. I have learned so much here. I think it would be interesting if you covered tax evasion, operating a business without a license, and illegal gambling
I certainly appreciate your visits to my Channel. Thank you! Since my Channel has increased my caseload tremendously, I simply have too little time for writing and production of videos presently. I hope to get back to it sometime soon.
@@GustitisLaw we need more videos. You can make a lot of money on RUclips posting videos about your knowledge of the law. It just takes time, patience and consistency. Please keep it up 👍🏼
Great information. Subscribed.
Thanks very much!
Best one (keep you're mouth shut!)
Great comment. Thanks.
My cousin uses my car some days and left his gun under my car seat. The police stopped me and my two friends then asked to search my car because of tinted windows, smell of Marijuana. I refused the search but he told me ic I don’t consent he will get a dog and warrant search then let him searched and found a gun of my cousin charged me and have unsecured bail of $200k. How can I approach this case?
What if the gun was on the porch after they called a friend down my stairs and it was found to my left side
That sounds like possession.
I had a wreck & they towed my car to a towing lot & then they Found the Gun and called the police . Then ; Police Located the gun and charged me with it . But here’s the kicker , I know some people that got me some information and The police officer wrote it up as he found it Away from me ( Away from the car ) Not on me or In my reach . Is my case beat or do they still have me ? Please and thanks
Great video ! But I need help ! I’ve recently got caught with a gun poss charger , and my friends did all the talking I was to stay silent because overall my friends try to take his gun back , and told the cop it was his . But still took me . What others tips do you have ?
My most important tip is for you to hire a criminal defense attorney immediately. They will review all the law and evidence and help you decide how best to defend your case. Remember to remain silent and talk to NO ONE about the facts of your case. Answer NO QUESTIONS except those from your attorney.
@@GustitisLaw thank you ! I’ll let you know on more update !
@@donttrip007 That sounds great. Good luck!
hey that's funny I'm glad I did open this up and read the comments that's what happened to me I'm sitting over there now confused I didn't say nothing but I never knew that it was a weapon in there until they got us up out of the car and I and I'm seeing it but I did open my mouth and tell him and I forgot everything that you say can and will be used against you in a court of law. But when they saw my record and saw that it was clean and I had no cases of any such things like that in my background I know for a fact that's why they gave it to me because I had to clean back background! What did you do for your case and how did it go for you cuz I'm trying to see how I'm going to do this with my court case coming up my thing is I never knew the gun was really in that nor that I have a touch it it wasn't mine so why would you give it to me but I know why because while I was sitting that makes it look like it was mines
Update he’s in prison
Thank you My Friend!
Of course. Thank you for watching.
Thank you for the advice "Keep your mouth shut." LOL! If I'm ever in this predicament, I will keep my mouth shut and talk to a lawyer first.
Exactly!
Definitely got me with that line. He's so right. Keep your trap shut.
This man is the best thank god I came upon this video
My boyfriend is facing a gun charge and this is his first offense. His 3rd court date is today I hope his lawyer does the job right bc he was just at the wrong place at the wrong time. The gun was never used nor serials were scratched off. I have faith in him simply bc it’s his first offense
I understand how you feel. But remember every criminal case depends upon the facts. Even though we often believe in our own innocence, the facts may tell a different story. I wish your BF the best of luck.
How did it go ... my boyfriend is in the same situation
@@thelauramariej I live in NYC so I guess there’s a new law if you don’t wear a seatbelt & the cops see it , you can get in trouble. He was in a cab and the cops saw he wasn’t wearing a seatbelt so they pulled over the cab & they searched him
@@kimanirose4014 wtf that’s so bogus I’m sorry for the both of you , wishing you guys the BEST
@@thelauramariej I’m waiting for him to tell me what’s going to happen bc they keep stretching his court dates out
I love the work you are doing. I believe more people need to know their rights.
Thank you, Thomas. If more people knew their rights, then less people would be in prison.
I’m being charged with possession firearm witness say it fell out of boot called cops after I left and gave him a gun and said it was mine what should I do ?
First keep your mouth shut and remain silent. Speak to NO ONE about the case. Hire a defense attorney immediately to do the talking for you.
In LA, California, a police officer acted on a tip that drugs were located in someone’s ( a felon’s) car. They then held the person under arrest until another policeman came with a warrant but they only found a gun in the car. He is now sitting in jail awaiting a court date but I’m wondering if there’s any way at all to beat this case? (The gun was not used.)
I have no idea. That question can only be answered after a thorough review of all the facts and evidence available in the case. What does his defense attorney think?
any update on the case?
Yes because the probable cause was phony because they didn't find what they were looking for, and happens to find something else
If someone in the car claim that the gun was their weapon and the police stated no they not I'm charging the driver with them and refuse to let the owner claim they weapon what can I do about the chargees
Your defense lawyer can help you develop defense strategies. They will review all the evidence and give you ideas about how to defend yourself.
Did you beat the charge?
Hey gustitis, I was wondering if it is in my best interests to use my phone to record the audio of traffic stops?
That is up to you. The cops are probably already recording the encounter.
This lawyer presentation is outstanding.
Thank you. I appreciate you watching.
Mr G... good news! Nolle pro se qui on my case! I want to thank you for your help and exquisite videos. They were a blessing in a great time of need. I would like to ask you though since legal research online results are not available it seems, on a dismissal without prejudice, how does the statute of limitations work to refile or reopen a case or charges in Missouri? I realize you are licensed in Texas where law is more transparent but the best I could find was “ most states say plaintiff must refile before statute expires which is 30 days. The info. Seems to get mixed with civil cases statute of limitations as well to add to the confusion. Coincidentally queries about return of property seized were answered with let the ink dry for 30 days by the paralegal. I also know that crimes committed can have statutes of limitation for years but I can’t find how that applies to dismissed w/o prejudice charges beyond a doubt. Can you answer this by chance or tell me where to search if not. Thanks again for all you do hope I can thank you in person someday.
Every crime in your state has a statute of limitations, except possibly a few exceptions. Dismissing without prejudice means the case can be refilled within the SOL. There is a place in the state’s criminal law or procedure listing the limitation periods. I would start there in my research. Good luck with this project.
@@GustitisLaw that would be 3 yrs here at least for felonies. I thought that article about 30days wasn’t right . I just couldn’t determine if there was a difference between a fugitive and a dismissal. Looks like it’s the same for both unfortunately. Thx... we are honored and humbled by your help ...good luck with the weather. We have about a foot of snow, record cold and frozen pipes.
I got a gun charge for literally defending myself against a guy who broke into my car, just cause it was loaded, but I only loaded it cause he was hurling bricks at me. The cops fished on me finding drugs in my place, but literally just cause a guy broke into my car .
This is possibly self-defense. However, the search of your car maybe legal since the police were investigating the car jacking.
My sons childhood friend sat in prison for 2 weeks recovering from a knife wound that has destroyed his hand. bcus he was stabbed and he defended himself with the only weapon he had on him also a knife. Much better than having a gun on him! This person stabbed a few people and this boy stabbed him in defense and probably saved from there being more victims. But he get arrested and can’t post bail so until they can hash out the situation they put him in prison.
self defense while black is illegal but white men can shoot black kids for walking with skittles
Hi, my son has been arrested for suspect to a shooting they search his room with no warrant them waited to get the warrant did not find a gun and still in jail with possesion of a loaded firearm how can that be if nothing was found thank you
The police can always make-up something to arrest someone for. The key issue at this point is to make sure your son is keeping his mouth shut!! No talking about the case, no answering questions about the case, no sound, no communication with any person on this planet about the case. Next is to hire a qualified criminal attorney to help him, immediately. Thanks for your question and I wish your son all the best.
Thank you.
Of course.
I was going to the va in Tulsa Oklahoma to get medication for ptsd because I’m a vet and I need your help. How may I contact you? I don’t want to share anything publicly.
If this case is in Oklahoma, I am not qualified to help you since I'm not familiar with OK law.
@@GustitisLaw can you help me please I’m from Canada
@@worldpeeptvworld_peep249 What do you need help with?
@@GustitisLaw so I got charged with with gun possession loaded in my packet plus drugs. I’m a permanent resident in Canada, what can I do to not get deported?
@@GustitisLaw it’s also my first offence, plus they beat me real bad wen they came to the house
Is an inventory search legal
If the police department has an established procedure for it, then yes.
Thank you for your video
Great video! I'm from Russia and I really like watching your content! Thank you very much)
Thanks for your visit!
what's the charges for dissemble gun
@@yemenifrankwhiteakawaliyg2051 if it’s disassembled, it’s not a firearm. It’s just the pieces to build a firearm. But it is not readily available to use so they can’t necessarily charge you with anything unless serial numbers are scratched or you have an illegal part for the firearm. This is my opinion and I still advise you to get legal advice from your local attorney
What is a proper way 2 defend against a cohesremant & illegal search that uncovers a fire arm
By filing a motion setting forth the legal basis for the illegal search, seizure, and involuntary consent. A hearing is then conducted, evidence is taken through witnesses, and finally the judge makes a ruling on the claim of an illegal search.
I wish I would have seen these videos when the police came to my house and i was not informed of any rights and when I did speak everything i said Was used against me when There was no stable evidence ...
I'm sorry you did not have the benefit of our videos prior to your contact with law enforcement. I appreciate your visit to my Channel.
So should I called them and let them check my house before my peace order in Maryland this Tuesday but dc police got me for it a bench warrant for assault I got served the cpo saying stay away and turn over a firearm I don’t have
Thanks
Sure!
I was pulled over for expired tags and had to tell him my weapon was in the car... is there no way around that.?
Why were you compelled to tell the officer anything?
Gustitis Law I wasn’t compelled the officer asked if I had any weapons in the car... he already said it smelled like weed..(which I was smoking a vape so it couldn’t have) he was asking to search my car and had a K-9 on the way so either way he was getting into my vehicle so I had to tell him yes or more issues would have arose...
@@sosoinnocent3671 You were not required to tell the officer anything. If you admitted the fact you had a firearm, your confession will be used to prove your knowledge.
Gustitis Law thank you for your replies and time as well....I’m still a little confused but I think I understand what you mean... there was no way to stop that search but telling him I had my gun is where I went wrong because he should have found it... correct.?
@@sosoinnocent3671 Telling him you had the gun was evidence the police used to justify the search. I don't know if the cop had other evidence (reasonable suspicion) or not to support a search.
Do you have a video talking about common law?
No. Criminal law is codified in the vast majority of states.
I was catching a ride home with a friend and 3 others and the police pulled us over. Claiming some bs about the headlights and honestly nothing was wrong with the car I guess that was their excuse to search the car. The driver clearly told them no y'all cannot search my car but they proceeded anyway. They ended up finding a gun and locked me up and only me because I'm a felon. I wasn't driving it's not my car or my gun and I never seen the gun before or after the search. It's a weak case and I don't know why they haven't thrown it out yet but I go to trial Feb 18th for transporting a firearm
You need an experienced criminal defense attorney to sort this out for you. In the meantime, remain silent about the facts of this case.
How long did it take for you to get a bond ?
@@Deontepatterson-dp7ze 5 days I sat they denied me at the first bond hearing
@@nukebomb816 appreciate the response
@@nukebomb816 was you on probation when they pulled y’all over ?
They don't just need Probable cause or Consent, they can also search under exigent circumstances. Don't forget Exigency
To be more specific, they can search without a warrant if there is probable cause and exigent circumstances.
What does one do if they're a convicted felon and they discover a firearm that belonged to a deceased family member who lived with said felon but had no knowledge of the weapons existence and the police are trying to charge the felon with unlawful possession of a firearm by a felon ?
The jury must believe the convicted felon's explanation why the firearm was there and why he did not know about it. If that story is credible, it might work. If it's not credible, they will convict him.
Mi nombre es victor.por favor este caso es grande.mi hijo estaba en medicina y se puso medio loco.el tenía una pistola van.en palabras cortas.llego un carro de protección.casi lo mataron.mi cuarto estaba cerrado.el jues firmo un papel para registrar toda la casa.en mi cuarto.se llevaron mis armas.yo no tengo nada que ver en este caso.como le puedo hacer.para que me den las armas perdón por no escribir en ingles.hablo poco inglés escribir un poco gracias espero su respuesta.
what if i was in possession of a gun and im not sure what history of the weapon is will i be charged for any crime related to it?
Hey Mr. G
Love the content.
What about if the person was walking on foot and was approached by an officer?
If the person consents to the contact, that's a good stop. Otherwise, the police need reasonable suspicion to detain someone under those circumstances. Thanks for your kind words.
Was the firearm visible? Was the firearm loaded? How readily available was the firearm?
@@nickv1008what if it is loaded?
Plz make a video on case postponing after sentences
I appreciate you visiting my Channel. But I don’t know whether I can help you since I’ve never experienced this problem before.
I was arrested outside of a business at night time looking for my girlfriend. When I was arrested they found a handgun on me. I have no prior crimes or run-ins with the law. Can I avoid prison time this is my first felony.
I have no idea. What were you arrested for? Looking for your girlfriend is not a crime.
@@GustitisLaw someone called & said I looked suspicious. I was arrested for being carrying a gun without a license. What kind of sentencing can I expect?
I don’t know since I’m not familiar with law and evidence applicable to your case. That’s where your defense lawyer can help you.
@@GustitisLaw would it be in my benefit to save money & go with a public attorney for this case or should I hire a criminal attorney for a lot more money. What’s better to keep me out of prison.
@@michaelweston409 What will keep you out of prison are facts, not attorneys. Hire the best attorney you can afford and trust their judgment. Good luck and thanks!
What if someone has issued a written statement claiming ownership of the firearm, provided a copy to the clerk of court, DA's office, and your attorney? Statement was notarized and everything, but they're still striving to get you to cop out to a plea simply because they don't want to fight the case??? Other than express your conflict of interest with your attorney and file he/she ineffective as counsel, what do you do.
Just because someone makes a written statement does not mean anyone will believe it.
@@GustitisLaw what if they actually own the gun though and it’s in their name and they left in your car
@@Therealmajor.__ Possession is not ownership. You can possess something that does not belong to you. Theft is an example.
@@GustitisLaw for sure but if the owner claims it and explains that they left it then what?
@@Therealmajor.__ It still depends whether the accused possessed it and knew it was there. That is a matter of proof, however.
Im fightin a gun case in dc . First Time Ever Bein Charged In That state. They do have evidece of my finger prints on it though. Im Worried about the Situation. But what ever happens happens. Thing is Offcier stopped us from parkin in a bike lot. He had no reason too check da car and flash on us right? For that cuase?
An illegal traffic stop could be the basis for a motion to suppress the gun evidence in this case. However, I cannot speculate upon the strength of such a claim without reviewing all the evidence and law applicable to the case. What does your defense attorney think?
I live in illinois. Got pulled over, police searched vehicle and found a gun in my backpack. What are the odds of avoiding jail time or getting court supervision?
I have no idea, without knowing the evidence in your case and knowing about your prior history, if any, with law enforcement. Please remain silent and hire a defense attorney as soon as possible.
i had a charge like this 30 yrs ago .. but i was stopped randomly on the street and there was no probable cause i since then tried to get my second amendment rights restored can i resurface this case to clear these charges or is there nothing i could do.
How was this case resolved?
What about during a car accident ? What right do you have if the car is already stoped and the responding officers search your crashed car ?
Your defense attorney can investigate this situation to determine whether any action might be taken to suppress any contraband found in the vehicle.
In 2018, I was arrested for CCW in California. I was in a vehicle that was not mine nor was I driving. The officer said to the driver that the vehicle had illegal window tints. The officer asked the driver if the car was his because it had Nevada plates. He took the driver’s license and confirmed the vehicle was his. The officer then asked us two to three times if any one in the vehicle was on probation or parole(no one was). The officer retreated back to his vehicle for about 15 minutes without communication to anyone in the vehicle I was in. He walked back to the driver’s side and gave everyone back their ID’s. He then started questioning the driver’s viable hand/arm tattoos(making small talk). Two more officers showed up. Once the other two officers were in position(one behind the original officer and the other on the passenger side) the original officer asked if there was anything illegal in the car. The driver said no. The officer then says if he can “take a look around”. Keep in mind that at this point the officer put his hand on the driver’s door handle and the other two officers put their hands on their firearms. They power of intimidation on the driver which made the driver panic and ask why did he get pulled over. The officer responds “illegal smoked tail lights”.(Notice how he changed his response from the first time) The driver then responds “Oh alright”. The officer then opens the door from the outside(displaying a kind of force upon the driver). The driver then voluntarily exits the vehicle and as the officer cuffs him he says to the officer “I’m going to let you know right now there’s a weapon on the vehicle”. The other two officers then run to the passenger side and draw their fire arms on me. I put my hands up and they yank me out of the vehicle through the passenger window. They continue dragging me to one of the patrol cars (20-30 feet away). Where I was placed under arrest and read my rights. They say they need someone to say the firearm is theirs or else we all go to jail. I confess that the fire arm is indeed mine(which it was). I go to the station where they take my finger prints and dna swabs. Nothing comes back(this is my first offense ever). I then get told I’m going to be transported to county jail because CCW in California is a felony. So at this point I’m freaking out because I was born and raised in Nevada where there is no open carry restrictions, there are no magazine restrictions and there is no firearm registration(only suppressors need to be tagged) and yes I know it was my responsibility to know the gun laws of a state I NEVER live in. I get processed into county jail and my charges are as follows : 1. CCW ON PERSON (Felony) 2.CARRY LOADED FIREARM IN PUBLIC(Misdemeanor) 3. CCW ACTIVE CRIMINAL STREET GANG(Felony)(the officer filed me as a gang member for having an “LV” tattoo on my stomach which stands for Las Vegas) 4. CCW W/ LARGE CAPACITY MAG(Felony) 5. CCW LOADED / NOT OWNER(Felony)(hence; no registration for firearms in Nevada law). I spend a year fighting the case, ended up spending $21,000 on a lawyer alone during the whole process. About $5,000 more on travel expenses from Nevada to California(since the judge didn’t grant me the help of having my lawyer go to court without me). I end up only beating the large capacity magazine charge and the gang enhancement charge. I plead guilty to the rest of the charges. I plea for a deal of 3 years felony probation and 90 days home confinement. So now I’m a 21 year old felon( I was 18 at the time of arrest and 19 when I plead guilty) with two more years of probation left to complete. I no longer have my rights to bear arms anywhere for as long as I live.
I am sorry about the difficulty this case has placed you into. Keep working hard. I'm sure opportunities will eventually open for you. Thanks for visiting my Channel.
Buy your guns on the street. A free man doesn’t need permission. Especially when you’re talking about the tyrannical state of california
Brother I JUST went through something like that similar but I’m in the south so it workers out in my favor but I wasn’t able to practice my 2nd amendment until the case was over best advice I can give to you is let this be a lesson to you stay out of trouble keep your nose clean just work and those 2 years will fly by then once it’s done get your rights restored and move down south so you can freely practice your gun rights
goin thru the same thing bro smh
@@MoonHawk01hey bro did this happened in ca ??
Do you do case in the state of California
No, I do not. I'm only licensed in Texas.
Hopefully your still answering questions 🙏 got arrested for not having my ccw court coming up what should I do? (new gun owner)
Can they search the trunk or a secured area?
Yes, if they have probable cause to believe there is evidence of a crime in the trunk. They can also search if they have your consent. Never consent!
In oregon. Someone been charged with felon in possession of a firearm but the state doesn't have the gun, just a couple witnesses saying you possessed one. Can they convict??
Yes. But since I cannot review the evidence, I don't know for sure.
Great advice 👍
Thanks for your visit and kind words.
If someone attacked me and I had a unregistered gun and shot the attacker as self defense how would that go?
Unless you have a GOOD LAWYER, you’re going to get convicted more than likely. My boyfriend is currently going through this right now, and he only had a public defender. Of course he took it to trial because he really was only using the gun for self defense. (Someone hit his nephew with a car, his nephew pointed his gun at them, couldn’t shoot, they were going to run him over again, my boyfriend ran over and shot the gun off twice, nobody got shot, and he didn’t have anything to do with the situation except for trying to prevent his nephew from getting tan over again) BUT they still found him guilty.
I meant ran* over again.
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.
So can they use evedince that the find befor they get the search warrant.???
Yes, provided it was seized legally.
Thank you so much for sharing your knowledge! I have a question for you, what if the suspect was not read his Miranda rights. Also the weapon was found by police when they went retrieve the a accused cigarettes from vehicle after he was handcuffed for 20 mins and questioned
If you are accused of pointing a gun at someone but the gun is not found on you but in the bushes 150 feet away from you on a main road can you be charged with possession of a firearm?
Yes.
Hi, my son was arrested in Michigan and charged with CCW bonded out the next day on 2500.00 bond judge and the paperwork only says CCW. I called the next day and they said he had two felony charges aggravated assault and CCW and that the charges did not have to be on the paperwork. I thought all charges have to be presented to the judge before bonds set
I don't know what the law says in Michigan about setting bonds, unfortunately.
Do you have a video on what happens and what to do in the event you have to use your firearm in a self defense situation
Self defense is an issue of your state's law. Usually, the amount of force used to defend oneself must be appropriate in light of the force being use against you. In other words, you usually cannot use self defense if you use a gun to a defend yourself at a fist fight. Please discuss this defense with your defense attorney to help you decide whether self defense can be used in your case. Good luck.
If they break into your home and they are holding a weapon and you fear for your life and you have proof you were fearful before you used your firearm(video surveillance) is Best case scenario, Worst case Scenario is if they break in and they don't have a weapon at all and you kill them without evidence you were fearful. You will most likely catch a manslaughter charge. You must show proof that you were fearful , and the attacker was coming at you with some kind of weapon. Correct me if wrong but this is just how Cali Works 😢
When’s the next video coming out?
I appreciate your interest in my videos! Over recent years my law practice has become increasing demanding. Consequently, my ability to script, shoot, edit, and publish new videos is very limited. I will do my best, however. I appreciate your comment.
Hey I need your opinion on my case I’m fighting as we speak, possession of a fire arm, but police just stopped me from walking to the store, I had fire arms inside my jacket but didn’t run or talk back I remained silent
But I have no criminal record or never been arrested
Is this possible to get probation for gun charge with no criminal history gun catch in the car but unloaded ?
Anything is possible. The trouble is, I have not reviewed the facts of your case. Furthermore, I’m not familiar with the prosecutor’s office policy regarding these cases. Lastly, what do juries assess in these cases in your jurisdiction? These are all the things I must know to properly answer your important question.
I would like to ask you a question
MARBURY VS MADISON
What if you’re the passenger & the driver is a licensed driver but the cop tells her her license is suspended just to get us out the car & search. Find a firearm under the passenger seat & charged me? He stopped us cuz the car registered to a rental place is what he told us then on the paperwork he say it’s because of the tints?
Which should I challenge the stop or search?
im being charges with unauthorized possesion of firearm and careless use of a firearm they entered my house without a warrent on suspition i pointed it at somebody so am i screwed?
I have no idea. I would contest all searches and seizures in your case will timely filed motions to suppress evidence. The judge will decide whether the evidence is admissible. Good luck and thanks for your question.
Hey thank you for posting this. I’m currently fighting a gun possession by felon charge and the gun was in plain sight on the passenger seat but I was completely unconscious for hrs in the car. The police report clearly states that he tried to wake me up multiple times and I was unresponsive and when I finally came to he asked me if there was anything illegal in the car and I said no. he informed me of the firearm and I didn’t say anything else. would the prosecutor still be able to prove that I KNEW I was in possession of the firearm?
Yes, by circumstantial evidence. But to answer this question, all the evidence and facts must be reviewed to assess the strength and weakness of the prosecutor's case.
Go after the prosecutor and officers in court under title 18 U.S.C. section 241 conspiracy against rights, title 18 U.S.C. deprivation of rights under color of law, title 5 U.S.C. section 7311 perjury in violating oath of office, title 18 U.S.C. section 1918. If they had no legal lawful search warrant to search you or your vehicle nail them for violating your 2nd,4th,14th section 1 amendment constitutionally protected rights (liberties,use fruit of the poisonous tree and exclusionary rule in the court and 42 1983,1985 against them.
@@dragonf1092thank you for this great information 🙏🏽
My friend is also fighting same charges similar situation. He was sleeping then awaken along with another passenger and she was let go while he was handcuffed and questioned for 20 mins. Then the police said he could smoke a cigarette and when retrieving them from vehicle they found a weapon and he was charged. He also was not read his Miranda rights and the other person was let go. His attorney is fighting these charges as he sits in jail for almost a year now with no trial date set.
In Connecticut my friend’s (felon) car was found crashed and police found a gun in it . The police went to his house and he told them he was car jacked and beat up . He was charged with Evading responsibility of accident but still not charged wit criminal possession . What might happen next ?
I have no idea. I'm sorry I cannot be more specific, but I know nothing about the actual facts and circumstances of the case. I appreciate your visit, nevertheless.
Sir how much time would some get for misdemeanor misconduct and prohibited possession of a firearm?
I have no idea. I don't know the law applicable to the case, I don't know the facts of the case, I don't know how juries in the jurisdiction typically sentence such cases, I don't know the criminal record of the person, I don't know the prosecutor, judge, or defense attorney. I need all this information to answer your question.
in the state of texas can i possess guns while on probation
What does your probation conditions say? It also depends upon the offense for which you are on probation. Under this situation, that is really all I can tell you.
Great video!
Thanks for your kind words.
in la a friend of mine was pulled over for not having rear license plate on. her partner came around and noticed a fire arm holstered on the floor that was later ruled it was loaded after the search. firearm under his name and they gave him a misdemeanor being his first offense. what should he do? and or what can the consequences be
He should hire a lawyer to fully investigate the facts and to give him informed advice. However, I have no idea about the possible consequences.
If I get caught with a stolen firearm and it was under my seat of the car but it wasn’t my car and I was with two other friends will I loose the case ?
I also wasn’t driving just a passenger but the firearm was under my seat and they searched the car due to smelling weed
@@BobbySanchez-pt4ogbro did you’re case went?? I’m going through something similar
@@Ssspxky it got dismissed ig because nb said anything so they couldn’t really prove who it was for
If I was in somebody else's car and they found a gun in the globe Box and drugs can they charge me with it and if they never gave consent to search can they use it in court
Yes and yes. The government can charge anyone with anything, unfortunately. Whether the case is a good case for the prosecution is another question, all together. If the police have probable cause to search a vehicle, they don't need consent. So the battleground in this case may be whether the cops had probable cause, or not. That is where your criminal defense attorney comes in handy. I hope this important case goes well for you and thanks for your question.
Gustitis Law what if it was a case where it’s my wife’s car and her registerd gun was in the back seat on the floor ammo in glove box an cops pull me over for no insurance and sees a flashlight to a gun in the car I never knew gun was in vehicle so I gave permission to search car an there was a registered gun in there belonging to wife
I was pulled stated for swerving. Onlye field sobriety was eye test and intoxayzer at the seen . charged with DUI bac after blood taken .006. Had told cop I had taken my med which was prescribed after recent neck surgery and had current prescription. Was taken from the screen another office did inventory search of contents found two fire arms that were mine registered to me in work bag in back seat of the jeep and other in bottom of center console. I own two autoshops and few rental properties carry large amounts of cash. Never in my life had vehicle searched. This was 3rd Dui I swear I never drink. Got one at 21 and like 27 I'm 43 now. I have a good dui lawyer. But working about how versed in fire arm cases just looking for some guidance. Have also already. Appreciate advice
I sounds like most of your issues are well in hand. Regrettably, I cannot give advice on my RUclips Channel since I don't have access to the law and evidence related to the case for an independent review and evaluation.
What if other people was in the car and I got charged with the gun , but it wasn’t in my possession ?
Where were you in the car and where was the gun? Are your fingerprints or DNA on the gun? What statements were made at the scene regarding the possession of the gun? The answer to those questions will probably answer your questions.
If I got 2 controlled substances charges an a firearm at a crime scene an a dui..how much time am I looking at..went thru a rd block in Mississippi
First offense if that matters
I have no idea. To express an opinion about possible results I would need to review all the law and evidence applicable to the case. The best person to ask this important question is your criminal defense attorney. They will have access to the evidence and can give you a much more informed opinion. I wish the best of luck and thanks for your visit.
I have a question, since Texas recently legalized constitutional carry are you required by law to inform a police officer if you have a gun in your vehicle if asked
Let me ask you this. Cops are always concerned about officer and bystander safety. In fact, safety is of utmost concern to them. If you have a firearm in your vehicle, what do you think you ought to say?
@@GustitisLaw I’ve always told them what and where it was when asked. I was curious if that’s a requirement by law.
@GustitisLaw I wouldn't say anything that doesn't need to be said to them. Their "safety" doesn't supercede my constitutional rights. If they're so concerned about their safety they need to find a new line of work. Telling em something that doesn't need to be said just opens you up to further questioning
I got a pending case where a cop said I had a back license plate light out but he pulled me over from the front , he was in opposite lane and did a automatic U turn before he even seen my light was out , do I have a case ?
I don't know. Your defense attorney will review the law and evidence related to the case and give you advice about how to defend yourself.
Can someone be prosecuted for an unlawful use of motor vehicle while the vehicle is not registered on the complaint names ?
Yes. If someone has a greater right to possession of the vehicle and someone operates it without permission, that's a crime
I have already pleaded guilty but I'm not innocent. I pleaded guilty for the sake of peace and reconciliation. But the person refused reconciliation. I'm only left with the prosecution to read the facts of the charges for me. How can i defend myself in this case 😭😭
@@tom-londonbw392 Have you discussed these important issues with your attorney?
When are you posting a new video?!
I appreciate your desire for me to post new videos. As a practical matter, however, my law practice keeps me so busy it is very difficult to plan, shoot, and edit videos at this time. The next best way for me to serve my audience is to answer every question that is set for in the comments section. Thank you again.
Could you do a video on ways to beat a burglary charge? Where nothing was stolen or damaged and nobody was home.
The police usually must prove the person who entered did not have the effective consent to enter. Further, they must prove either theft was committed (or any felony) after the entry, or prove the person who entered had the intent to commit theft or some other felony.
what's the charges for dissemble gun
I don’t know of any states that criminalize the disassembly of a firearm.
I’m an Georgia Resident but I was charged with illegally concealing an firearm in SC, the car had an Oder but no marijuana inside, I told the officer I had an firearm before he pulled me out of the vehicle and I went to jail that night, even though the gun is registered to me. This was last year April and still no court date, I have a paid lawyer though
Where are you located?
College Station, Texas.
If a person is facing gun charges and haven’t been to court yet and the state picks up on it what can u do about it what should u do?
Hire a qualified criminal defense attorney immediately. Further, the accused person should remain SILENT and ANSWER NO QUESTIONS from anyone until they consult with the lawyer. Thanks for the good question.
I live In California and i was arrested for a dui. The officer claimed he witnessed me "slowly weaving back and fourth but within the lane" and also driving "50mph in a 65mph maximum zone" on the highway. I was in the number three lane " the slow lane" with no traffic on the road, besides my vehicle and the officer. the officer followed me for a quater mile and then annitiated the stop. Do i have a chance of actually getting a lawyer and beating this case? i aslo refused breathalyzer and blood test as well as field sobriety test. later obtained a warrant for blood draw.
The stop may be the key issue. I doubt you'll have the ability to litigate the legal issues involved, so my recommendation is to hire a qualified criminal defense attorney to help you. There may be other defensive issues in the case and your attorney can help you to identify them. Thanks for your question and for stopping by.
Make a video on how to get out of a bad contract example(giving your Rights up unknowingly). Great videos by the way!
A contract is not criminal law, it is civil law. And I'm not sure which "rights" you might be referring to. Also, a contract might call upon one party to waive rights they have. There is nothing wrong with that.
Thanks for the reply!
@@ssgoldylockz6758 Sure!
What is loss prevention?
Loss prevention officers are usually hired by retailers to battle theft in their stores. Why do you ask?
@@GustitisLaw Just curious.
@@GustitisLaw They're like security guards.
@@GustitisLaw How should I deal with one if they suspect I've stole something even though I didn't?
@@razvandobos9759Keep your mouth absolutely shut.
How can we get u as a lawyer
You’ll need to call my office and schedule a consultation to discuss your case. Thanks for visiting.
Can you do cases in California
@@andrewmadrigal999 Negative. I don't have a bar license in CA.