3 Reasons to Defend Yourself in Court and Plead Not Guilty
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- Опубликовано: 14 окт 2018
- What are 3 good reasons to defend yourself in court? Our 3rd video in the series on plea bargaining pros and cons explains the reasons to plead not guilty, to fight your case, and to defend yourself in court. Visit www.gustitislaw.com for more information about the benefits of defending your criminal case in Bryan-College Station, Texas. Follow us on Instagram: / sgustitis
Other Videos in this Series:
Plea bargaining pros and cons - 3 arguments for plea bargaining ( • Plea Bargaining Pros a... )
Plea bargaining pros and cons - 3 arguments against plea bargaining ( • Plea Bargaining Pros a... )
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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 about fighting your case in court, Stephen Gustitis answers the question why you might decide to defend yourself in court and plead not guilty, rather than take a plea bargain. Steve explains the prosecutor's burden of proof in criminal cases, choosing an impartial jury to decide your case, and the importance of cross-examination in court. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County, Texas. His videos cover a wide range of the best defense tactics and defense strategies. #defendingyourself #gustitislaw #burdenofproof
Man this guy is truly a professional, you can tell he has a high level of oratorical prowess and knowledge of the law, I guess that's why he's an attorney, i hope he eventually continues to upload videos I highly enjoy these lessons
I appreciate your kind words. Thanks for visiting my Channel!
I agree with you. I'm a new subscriber, I hope he keeps uploading.
Great video...some reasons to plead not guilty. 1) Delay the longer it drags on the better, witnesses can't remember, they move state and evidence gets lost or becomes unreliable 2) Covid 19 will drag the case on for eternity and with an overloaded busy court with huge backlog delays the courts are under serious pressure and your case could get dismissed. 3) You have more time to find the best lawyer and build a much better defense and gather all the evidence leaving the state with a weaker case. 4) Witnesses can lie in statements and later dont have the confidence to tell the same lies in court up against a defense lawyer with 40 years experience. There are of course many other reasons to plead not guilty but my favorite is you get to waste the states time and sue them when it's over.
Thanks for your thoughtful comment to the thread. Your thinking is right-on!
I’m facing a level 6 sexual battery. Female had said somethings that aren’t true and totally switched up her story to where her first accusation doesn’t add up. I’ve been going to court and been fighting it since October 2020. My lawyer just wants to take a plea. What should I do?
@@GustitisLaw just made a response.
🙏🏾
Not guilty
RE: Hearsay and "alleged criminal charges" brings to mind "The Prison for profit" situation. Where the prosecutor always offers a deal to a defendant as a means to get a conviction. Our justice system is rife with injustice, there is little to NO fairness and something must be done. The USA has more prisons and inmates than any other country on this planet. Some of the laws we have here are absolutely ridiculous! Thank goodness for your you tube channel and the information you share.
Thank you very much for your kind words of encouragement.
@@GustitisLaw question if you have a witness on the phone talking to him and witness that seen nothing happened and a recording that nothing happened. Also the 911 call will show nothing was happening No pictures of the accused hands body cam will show no marks on hands But Alleged victim has marks on them Supposedly about the size of a Quarter Saying they were punched or slapped how to defend against said Accusations
Excellent presentation! Thank you. I have a question about discovery packet. In my packet from Meadville Pa. I was presented with pictures 9 thru 17. Where are the other pictures and can I request copies for court?
Just an opinion from my personal experience: Discovery is like "cut out paper dolls" that are attached together at each end. Admissions: Admit/Deny this or that. Interrogatories: swear under the penalty of perjury you did/did not do this or that. Req. for Production: Shoe me the documented proof of this or that. @@Nova-cw5jn
Wisconsin is awful for dirty crap. They have their jury instructions rigged to convict on anything besides crimes against persons or property. It's worded in such a way that s cop saying something by itself can get a conviction, especially on drug related stuff. 💀
Thank you for all your advice. Keep up the good work. Once again, thank you 🙏👍
Of course. Thank you for your kind words.
@@GustitisLaw Instead of having a jury trial are you allowed to have a trial only in front of the judge whitch I think they call a bench trial?
@@davidsoto4394 That is possible, depending upon your state law. And yes, it's called a bench trial.
Never give up, never give in, if your innocent fight it until the end, if you lose for any reason, Appeal it and fight again. Do not stop fighting, do not take any plea deals ever!!!!! The State has to know your a fighter and will not stop, you can't be bargained with, you will fight until the end and then some!!!
Not good advice. Always evaluate plea bargains against the facts of the case. Appeal is very limited. It’s not a new trial.
@@GustitisLaw if your innocent force them to find and prove you guilty, it only takes 1 person to say hey, I think there innocent and you walk free, hung jury........ been there 3X already 1 time not guiltily 2 times hung jury! The State knows not to mess with me!!! I fight to the end and then some!!!
You crazy. Not everyone is as lucky as you are. I would rather eat the plea deal and move on with my life (depending on the so-called facts) instead of spending years fighting a case and appealing after losing
@@miguelrobb5719 if your innocent do Not plea.......stand up for yourself.......
@@ironjohn5914your delusional lmao
Thank u for keeping me out of court this is jason I respect everyone
Your information. Is brilliant! Thank you!
I'm not sure it was brilliant, but I'm glad it was helpful!
Brilliant presentation brother!
I am in West London, worked in law for a long time and certainly tasted prejudice and hate based discrimination off the back of an unfair trial, impacting all aspects of life and family members, based on police perverting the course of justice; and the justice system, in turn, covering that up and making the prospect of success an increasingly risky endeavour, through dint of underfunding, lack of resources, and other design flaws that actively incentivise injustice and maintenance of a class-discriminative status quo. Hence it becomes almost easier to settle for injustice and getting on with life rather than from fighting the machinations of discrimination. My case is not a one off. There are hundreds of thousands in this position in the UK alone. In fact, I am eternally grateful to have had the opportunity to both observe this close up and indeed be able to help others in this position. Sadly, I have yet to come across a comprehensive set of videos like yours originating in the UK, though it probably exists but I just haven't come across it! Thank you for this invaluable service!
Thank you so much for your kind words and encouragement. My Channel's intent is to educate people and help them learn to manage encounters with powerful authorities set on prosecuting them for alleged crimes. I'm glad I was able to help you!
In America felony transcripts are subject to such extensive revision that these forged documents can only be called fake histories. Words,phrases, sentences and whole exchanges may be altered or deleted.No objection made, grounds given or motion to strike from the record. No ruling on same from the bench.No notice offered to the defendant,jury or public.According to our Constitution government derives its just power from the consent of the governed.We are thus denied this. Experience has shown me people shut down when overwhelmed by too much information especially that conflicts with comforting beliefs long held so I stop here.
RA please can you contact me I am also in West London and in need of advice. thank you
R.A. (How) Are you (always) able to discern hate and prejudiceas base of unfair trials? I suppose I might have, too, had I not been multiple-stressed by many for decades (health-care, dentists , spychiatry, -therapists, the officials who are supposed to provide assistence for Aspergers (traumatized), but who deceived, tired out and set the trap of un-called for guardianship onto me, instead of the mild kind where I keep my integrity and rights. After decades of abuse ina highly sensitive person who has worked ahrd to understand and solve things, co-work and help herself, I now get it that those people dn't know the diagnosis , and don't make the connction of decades of stress and sleep deprivation, seeking help but not getting it, and stress-and exhaustion behaviour. Because in addition to innumerable instances of deception, lies, pretense benevolence, withholding of information and support, pretending to be helpful while tiring me out, destroying my already serious health, hope and life-energy, one can't keep a strong personality, have self-control, be calm, when one has been broken down by much abuse for very long , not had anyone adequate to talk with, counsel and learn from, been too isolated because of the harms effects.. Especially as they change staff all the time, even the judge in that guardianship case was a different one each time, despite Aspergers being known to not manage strange situations and unknown people. As a guard was going to escort me to the room the last time and I declined since I hadn't got sleep but sought legal advice online (american, since I found nothing for Sweden!), and tense at the sight of her ways and personality, she accompanied me anyway, smirking, obviously making fun of me and sabotging my attempts at grounding and equilibrium, so that I eventually screamed for her to go away and leave me to gather myself aswell as I could. Only much later have i been able to connect the dots and realize how much the sabotaged my case, withheld info , advice and my rights.
Can I complain years afterwards, being kept homeless, help-lessly withheld health-care and trauma therapy, moneyless (that "guardian" stole it all, lied to my bank, and my bank played along! I have ben a customer for 48 years and thought my money was relatively safe in the bank.) Can I say without risk of being killed off, that tha attorney imposed on me, deceived me, omitted to inform me the right of chosing my own attorney. He wasted my time and energy, lied about knowing Aspergers, did not prepare me for the case, let me study US law instead of catching up wit a little of my vast sleep debt, asked me to say as littöle as possible in the meeting. (i then thought he had prepared a defense!), and then,did not defend me at all! He behaved very nervously, and only later did it dawn on me that he may be afraid i would speak and prove that I am not crazy, incapacitated, dement or in a coma.
What can I do now, pease? I am onnly surviving, severly stress-sick and living in paralyzing fear, since they have not followed the law, ot even the courts. You don't have to even have Aspergers and be sleepless to be stressed from this. I need help or councel. Have no able friends with experience. Many don't even believe my story, it sounds too bad to be true, despiet all the crim books that peope read, hahaha. Sorry this got long, I can't think efficiently alone, need help and sleep. ishould be very grateful and glad for any useful answer. Be well.
The only thing lower than a cop is a pedophile in my experience
Thank u for keeping me out of prison and jail I have been being good this is Jason thank u
I want to say thank you for the opportunity to have this information. I am in the fight of my life I know I am not able to trust anyone in my case. I find it a conflict of interest to be represented by the party suing you. I also have great fear because my fight is with the police, who continue to " harass " me. There is so much and I'm not even in the loop. I am trusting the information you give to better give me a chance to stop a bully cop.
My information is not meant to give you advice on what to decide in any given situation. That is what your lawyer is for. If you don't trust your lawyer, then hire one you do trust.
I love this. I have a great update for you. Las Vegas Will send tomorrow.
Thanks
Yes, thank you for this. I agree 👍. I feel better now.
You are welcome.
Very informative video Sir
Thank you for watching!
@@GustitisLaw you very welcome we now know who to come to for legal advice :)
Another reason is that you may be able to reach a plea bargain with the DA. Maybe go to rehab, anger management for less or no time, probation even eventual dismissal if no other violations.
Those are possible outcomes, but don't try to achieve the best results on your own.
I need to take the Police to court. I was kept out of work for decades while they investigated me for retail fraud. No charges were ever discussed but the surveillance kept me out of work so long I lost over a million dollars. I want to sue for the money lost from all the time they took.
Thank you for the inspiration and hope of taking my case to trial.
Thank you for visiting. I appreciate your kind words and I wish you the best luck!!
Hi there, I found this information rather helpful even though I live in New Zealand and although you posted this video in 2018 I see you still reply to questions put to you in the comment section. To me that speaks volumes as to the type of person you are and to that... I doff my cap sir.
Thank you so much for your kind words. My ability to script and shoot videos has diminished over the past few years as the demands of my law practice have increased. Since I appreciate viewers coming to my Channel, the least I can do for them is answer their questions the best I can. Thank you, again!
A WWII vet and Retired,
Police Officer of more than 30 years said, '' If they catch you with it in your hand, deny it Make them prove it".
The government does have the burden of proof in all criminal prosecutions. Thanks for commenting.
Great video!
Thanks!
Thank you so much.
You're welcome!
Thanks for responding. I know you can't help me, I just wanted to post the story while I still can, our lives have been threatened and he's been assaulted three times, so my view is if they want to take us out I'm leaving a trail so if we don't find justice, maybe someone else will...
Please stay safe.
Contact cybermicheal1995@gmail.com.he helps alot on that
Love your video appreciate you taking time out of your day to give your knowledge on things. My question to you is, if there is not enough evidence and you been incarcerated for 2 months and you are going to your 3rd hearing and u have a public defender but he/she hasn't shown up to any hearings , and u haven't heard anything from them , what can that mean ? Also can that case get dismissed for a lack of evidence
A lack of credible and admissible evidence could lead to a dismissal of the charges. However, I can't comment on that possibility since I don't have access to the evidence. I would call the public defender every day until you get to speak with them. Your questions are good ones and the defense attorney should be able to answer them for you. Good luck and thanks for visiting my Channel.
@@GustitisLaw Ty so much for your speedy response have a great day
@@nosleep513 Of course!
I love your. Videos. Thank u
Of course, Jason. I’m happy to help!
Thanks for all your wisdom. I had a malicious report made against me after an argument with myself and another driver. They lied to 911 dispatch claiming I brandished a firearm, which I did not, never have owned nor ever will. The police pulled me over, held me at gunpoint as they searched me, and ultimately release me with a PTA for misdemeanor "challenging to a fight ". My question is how do I bring charges against the other party for the malicious reporting resulting in a traumatic experience for me?
Thanks again
I don't know if the other party's conduct was a crime or not. But if you want the police to investigate a potential crime you must make a report to them. They will investigate the facts and circumstances. But remember, this investigation will also require you to speak to the police. Something I rarely advise doing.
What should I do if my criminal lawyer isn't doing anything on a serious drug case. Hasn't done anything but got a bond a waive appearance for a year and nothing else
Thank you for this important question! The first thing you should do is talk with your lawyer about any concerns you have. You'd be surprised how many misunderstandings can be resolved by just asking a few questions. If this strategy does not help you, then consider hiring a new lawyer to represent your legal interests in this case. The great advantage to our system is we can fire and hire any attorney who is willing to accept our case. Lastly, consider watching our video entitled "Right to Speedy Trial - Common Reasons for Criminal Trial Delay." (ruclips.net/video/pKXXgQ_3dbU/видео.html) This video may also help you understand what may be happening in your case. I appreciate you stopping by and I wish you the best.
@@GustitisLaw how about if there is confession ? Due a pressure from police?
The best course of action is to avoid doing anything to get charged with this crime. Then you won’t have to get saddled with a bargain basement attorney who might have a substance abuse problem of his own.
Thank u for keeping me. It of c ourt
Very good
Thanks!
Very helpful
Glad to hear that!
If this is my first defenses having an endangerment charge , what could happen? I need help.. I've never been in troublw before
You need to hire a qualified criminal defense attorney immediately. You must also REMAIN SILENT and speak to NO ONE about your case except your attorney. You should also deactivate your Internet social media. Your attorney will more effectively answer your questions than I can, since they will have access to the facts of the case.
my case is unarmed robbery but the kid I was with snatched the man wallet , also evading arrest this my second time .
I've worked as a Bailiff on civil and criminal cases. I've seen innocent people convicted and guilty people go free. There is no search for the truth. Case in point, most celebrities go free or do very little jail time. I had a murder case where the suspect admitted to his daughter that he had killed her Mother. The suspect hired Leslie Abramson to defend him. The jury was so smitten by Abramson, they brought in her book for an autograph. The jury ordered me to collect the books and admonished the jury not to have any contact with the attorney. I warned the Judge to dismiss this jury. There was no way they would find her client guilty. The Judge disagreed. When the jury came back, "Not Guilty", the Judge was so shocked, he got off the bench, went into the hallway and screamed, "I'VE NEVER SEEN A BIGGER BUNCH OF IDIOTS!".
That sounds like a great result!
Hello,Thank you so much for what you
You are so welcome!
Beautiful golden video
That's not a good light to have behind my head. Obviously, I am not a good cinematographer.
I had an illegal search and seizure at my house, I told them I want a jury trial or I want it dismissed. They made me feel intimidated even my public defender. They wanted me to take a plea. I said no so they kept on having me wait all day and schedule another day. This went on for weeks. How do I tell them stop pushing my case out because I won’t say I’m guilty
Just don't plead guilty and wait your turn. You will eventually get the trial you want. Good luck in this important case!!
@@GustitisLaw thank you! This is what I did. Lol. It just felt intentional. Like they were hoping I would get tired of showing up and waiting all day everyday. My public defender was frustrated with me because I wouldn’t take it. I did get it dismissed
@@TheJoshheart90 It sounds like your public defender did an excellent job. Why are you upset about it?
@@GustitisLaw Because instead of trying to get the case dismissed like I wanted, they tried to make me plea guilty. I showed up everyday for a month from 9am to 5pm. They would ask me if I would take the deal. I would say no. Then I would sit and wait until the last case at 5pm. Then show up the next day and repeat the process. I’m the one that got it dismissed. I even ended up getting a new judge and a new public defender. If that makes any sense. They intentionally kept pushing the case out in hopes of me taking the deal they were offering.
The same thing happened to me.
The lying police told the mindless bobble head judge that I allowed them to search.
My useless public defender did nothing.
When I tried to say something I was told to be quite or I'll get an intemp of court charge.
A good ole bobble head judge protecting the very tight fraternity from being wrong.
Now I'm wondering what else is being covered up.
I was involved in a “big” fight and i was caught and they had cctv footage of the fight my court is in couple of days what is likely to happen and will i get a criminal record for it ?
It can be hard to defend a fight on videotape. However, an experienced criminal defense attorney can help you spin the case to your best advantage. I don't know whether you will end-up with a criminal record. My advice is to hire the best defense lawyer you can afford to help! Good luck and thanks for your question.
Do u have any social media so that i can send you a picture and you can explain to me what is going on please
@@oddeee_8515 Please discuss these details with an attorney who you establish an attorney/client relationship with. (an attorney/client relationship is not established here at Gustitis Law) Posting information on the Internet can waive your attorney/client privilege and possibly be used against you in court. A private consultation with a qualified defense lawyer will protect your right to remain silent. Those are my thoughts regarding the defense of your case.
Gustitis Law alright thank you very much
Thank you bless you.
Of course, Rachel!
Thank you
You're welcome!!
Your honor, my pronoun is INNOCENT.
Need advice on my case please!
Have you hired a defense attorney to help you? That is always the best course of action.
Yes
Ok, that’s good news. Please cooperate fully with your attorney and ask them as many questions as you like. Good luck. I appreciate you.
Another great video Mr. Gustitis. Maybe you can answer this question. Why do public servants hate the Constitution so much?
I represent myself in court. Do you have an email I could tell you about my case and see your opinion? My next preliminary hearing is next Wednesday. Or I could call you sometime. Thanks I love your videos!
Thank you for watching and for your question! I usually don't like to answer my viewer's questions privately, since our Gustitis Law community, as a whole, cannot benefit from our private discussion. Maybe you should get an attorney to represent you in this matter. If there are questions you can share here in the comment section, I'd be happy to try and answer. I hope I can still help. Thanks, again.
There's most certainly pros and cons too representing yourself or being 're-presented by an attorney, and from what I learned from some digging is having an attorney renders you incompetent to the court. On the other hand the law and the system as we have it today is extremely complex and almost seems set that way for a reason, I as well have a prelim coming up and am on the fence on how too handle my defense.
I lost my prelims after the prosecution rested he forgot to Identify me in court but the judge let him reopen and finger print me the alleged victim lied and is not going to show up to trial I have the right to face my accuser if they don’t show then what happens???
@TheMrMarple man
@TheMrMarple I'm a Male. Also I have been objecting to there continuations for 6 months, at the end of November is there deadline.!!!
Hello, I have been charged with misdemeanors of resisting arrest with out and disorderly conduct and loitering & prowling. I have a prior conviction of burglary. My
At the early stages of a court case, pleading not guilty is typically standard procedure. Unless a plea bargain had been reached, a not guilty plea keeps all your options open. To be sure, however, make sure you discuss this question with your defense attorney.
I think a plus to represent yourself in the court because at the end of the day your hired or public defender they know they are going home and I know there is no one going fight for my freedom as much or as hard as I am or will... thanks for your tips there very lessening ty
You're welcome. But remember, if you defend yourself, you will become a slave to the rules of evidence and procedure. That will hamper your ability to defend yourself. Good luck!
Usually not a good idea to defend yourself, but most public defenders see their role as simply to make sure you get a fair trial. They're not really motivated to get you off at all costs.
Your video was used full thank u
Glad it helped!
I would really love to talk to you on the phone .
Sure. Please call.
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My concern is crucial to my next challenge in the world.
Checking your credentials now .
Thanks for visiting my Channel.
Thank you for your videos ...they are very helpful...I have an open case where the narcotics do idiom stated in their search warrant that they witnessed me walk to a resident a month prior to them obtaining a search warrant for that same resident...I never owned or possessed a key to the resident...when they executed the search I was not in that resident...they were given the key by occupant of the resident and after completing the search drugs were found as evidence...officers saw me I. A parking lot connected to the apartments and placed me under arrest...I posted bond and on my court date entered a plea of not guilty...the state offered me a plea and I rejected it...18 months later the courts came and indicted me for habitual felon which I feel was a strategy used to coerce me to enter a plea deal..and also added to their evidence that I admitted to be the owner of the drugs found by narcotics..I do not believe suspicion is grounds enough for the arrest otr conviction...however my attorney has yet to further discuss with me a defense or the possibility of being guilty of the one thing I feel I am guilty of and that's trespassing...
That would be ..narcotics division...not idiom...my typographical error
These are important issues you described. Your defense attorney is in the best position to answer your questions. They have access to the evidence and law applicable to the case. They can discuss your options regarding the best way to defend yourself.
Still watching these series in 2021
Thanks!
Hi. I'm in Louisiana. I was charged with criminal mischief & taken to jail because I'm homeless & have nowhere to go. I didn't know that it was trespassing to be on a vacant house for sale. I thought it was abandoned. I was just trying to have somewhere safe to be. I didn't damage the property.
I didn't go inside. Just on the front porch. I will never make this mistake again.
I have court coming up on Tuesday.
One reason for fighting a case and not plead guilty could be for non-citizens, particularly undocumented. Since most judges do not inform about the punishment of immigration issues (which is usually much more than some jail time, or fine), they avoid fighting and miss any chance of being able to get the case dismissed after the trial.
In Texas, the judges are required to advise all non-citizens, documented or not, of the immigration consequences of entering a guilty plea.
I was pulled over and was claimed I was on my cell phone.. they had like 10 cars on the side of the road.. cop that pulled me over was told by a nother officer I was on my phone and I wasn't.. I have to plea not guilty will it show up on record if I do so.. and what is the procedure if I do have to go to court?? I'm in Connecticut.. thank you.. and btw awesome and very informative video
Were you given a ticket or were you arrested? Standard procedure is to plead not guilty, obtain discovery from the prosecutor, evaluate the evidence and defensive issues, then plan your defense. This is best accomplished with the help of a skilled attorney. If you were arrested, then a background check would reveal it. If only ticketed, then maybe not. Thank you for visiting, watching, and asking a question. I appreciate your kind words, as well.
I have my arraignment tomorrow for controlled substance! My pd hasn’t even spoken to me about my case and I have no idea what will happen. I really hope I get off easy
Call the lawyer every day until you get to speak with them. Ask them these good questions on your mind. With that said, probably nothing will happen at your arraignment.
How do I go about doing it? Do I go to my attorney or call court house and ask for judge , I don't know what to do or how to do it but I know this lawyer doesn't have my situation under control,or even trying to help defend me
Contact the court and ask them what they want. Your attorney will probably need to file a motion to withdraw, as well.
Hi thank you for the info I currently have court Monday for reckless driving radar says I was exceeding 100 to 110 and don’t know what to do or say in my defense this is the first this has ever happen to me and will be my first time in court super nervous an scared
You need a well trained defense attorney to help you. You are not equipped to defend yourself in this very technical situation.
If I was dismissed in a possession charge by the judge in county jail can they do a indictment a year later .. dismissed with pre-judice
Yes, as long as the indictment is within the statute of limitations.
I wish you would be the head of justices in this country I can see and tell you are the fighter of the innocent people thank you 🙏🙏
Well, I really appreciate your kind words. But I'm also a fighter for the guilty people, as well.
What if you have a public defender that is overwhelmed by multiple cases , ad is obviously rushing though the case and is not properly defending your case?
Talk to the lawyer about these problems and see if they can be resolved. If they cannot, then you'll need to hire your own defense attorney.
I have a case where I went to pick up a friend and give her a ride to a different location on the way I got pulled over and she had out two large tall bags in the front seat of the truck I got pulled over for my headlight being out they took us to the back of the truck and handcuffed us for there our protection when one of the officer looked in the truck and saw a bag a fanny pack he then opened it and it contain cocaine to which I had no knowledge but when he asked who it belong to she denied it and we were both charged with it what is your input on this situation and thanks for putting out these very educational videos
Thanks for watching. These issues must be discussed with your criminal defense attorney. They have access to the facts and law applicable to your case. They are in the best position to advise you.
I was on my way to get medecine from the clinic because I get bad allergies in the summer. Then i was rear ended after leaving the clinic, the police officer asked for my license and i said i don't have one. (Ive never had a driver's license before) In court will it be a valid defence by saying that i had to pickup medicine?
What you described is possibly the necessity defense. Depending upon your state law, if conduct that constitutes an offense was necessary to prevent a greater harm, that necessity is a defense to prosecution. Make sure you discuss this with your attorney. Thanks for your question.
What if the ci on your case Is unavailable for trail or will not show up is that ground for dismissal?
Only if the prosecutor cannot prove the case without the CI.
Hello my name is Jose im from el paso tx and my wife has been in jail damn near close to 10 months and they denied a pr bond for her charges thry didnt even reduce it isnt that illegal or somethin? Love ur videos
As long as the bond is within the realm of being reasonable (which is a very large range), denying a PR bond and denying a bond reduction is not illegal. Judges have much discretion when setting bond amounts and bond conditions. Thanks for watching our videos!
Not guilty! Keep reporting!
question, I had a scheduled court day. when the day came I wasn’t on calendar. I talked to the clerk I was told that the D.A hasn’t filed charges, to keep checking in every month. what exactly does that mean?
It means the DA has not filed charges yet. Many courts manage their case load like this, having people continue to appear for court dates, even though charges have not been filed yet. You should hire a criminal defense attorney to help you with this.
Most likely: The DA is swamped with cases, and doesn't give a rip about the inconvenience this is causing you. The DA will file charges later.
Somewhat likely: You've done something to p*** off the DA and they are dragging this out to punish you. They will file charges later.
Least likely but still possible: The DA knows they don't have a solid case against you, so they're dragging it out to punish you before they eventually drop the case. They're also hoping this will wear you down and eventually you'll give up and plead guilty.
I am charged in Wisconsin as party to the crime of possession with intent to deliver charges. I qualify for a public defender, but there is a conflict of interest because I'm a codefendent. I was arrested March 1, 2021, and they still have not been able to find one for me yet. Meanwhile, I am worried that my witnesses won't be available or around to testify on my behalf. How long do I wait before I have to file my own motion for discovery? Can I file now for a motion of discovery, even though I don't have an attorney yet? Thank you.
You need an attorney to provide this service to you. That is your first priority. Don't try to file motions yourself. There is too large a risk of making a mistake.
I got a ticket for reckless driving (29mph over) and I was never charged any speeding ticket. It was early in the morning and I was on a highway speeding and I got stopped. I have never been to court before and I am German, so I am not too familiar with any terms in court. I would like to know if I should bleed guilty or try and get out of it with no or only 3 points. Unfortunately I do not have the financial ability to have a lawyer.
The only practical advice I can give you is to hire a qualified attorney to represent you. Beyond that, I cannot give advice since I have reviewed the evidence in the case.
@@GustitisLaw okay thank you!
Do you have any recommendations for reading material that pertains to courtroom rules and conduct? I am representing myself in a 4th amendment violation case (Supreme Court ruling Rodriguez v US) and would like to be well prepared. I don't think making myself look like a fool would do any good for my case 🤣
The chances of you looking like a fool are very high, regardless of how much you prepare. Unfortunately, you are probably not equipped to defend yourself in this situation. Do you know what facts are necessary to prove your claim? What is your burden of proof? What witnesses do you need to subpoena? Do you know to cross examine the police? Do you know exactly how to preserve error for appeal? These are just some of the problems you will face by representing yourself.
I had a restraining order put out against me n when i found out i needed to go for a walk i hoped a fence and was in tears there were few girls near by that saw me crying cause my kids were on the restraining order vented it to a group of people that were near by they felt bad n asked my sons name n i toled them about my case n vented it out after a few minutes i needed to walk it off my phone fell out my my pocket when i got up n one of the girls picked up my phone n saw contact under baby mama n started message her as me. 45 minutes later one of them came up to me and gave me my phone i dropped. will i be guilty of contempt of court if i didnt give permission for them to use my phone? thnx
I have no idea. I simply don't know enough about the law and evidence applicable to the case. I'm sorry I could not be more helpful.
In an event that a housekeeper takes a belonging of someone from a room that they weren’t necessarily assigned, would the charge of grand theft third degree as well as burglary second degree be liable and reasonable to fight in court ? The value of the item was around $700-800 and the room was at the hotel the housekeeper was cleaning in. How would one fight against this in the event that it is taken to court, or in an event that court hasn’t been an option. What should a person do ? Would consolidating a lawyer be reasonable or would fighting my case work in the defendants favor ?
Those are all good questions. However, only a skilled attorney who has independently investigated the facts and law applicable to the case can answer them. Do you, or the person you are talking about, have a defense lawyer hired yet?
But when police did urine check it came positive on Spasmoproxyvon and nitroson. So are they allowed me to detain or send for counseling in Narcotic.
That depends upon whether you are under any court orders, like probation conditions, or bond conditions.
what is the best way for me to speak with the solicitor on my case about the flaws in the case they have against me as a pro se defendant. I feel the case should easily be dismissed if they actually take a moment to look into the details. how does a lawyer normally contact the solicitor do the call them, go in person, or send an email or what is the way that you might handle it
I cannot advise you because I do not have access to the evidence. Only after reviewing the evidence could I help you decide what to do. It probably would be best to hire a defense attorney. They are trained to speak with prosecutors.
I am charged with perjury and as a result of a plea bergain I plead guilty but I am innocent... what to do now??
If you've already plead guilty, the judge has ruled your guilty plea was freely and voluntarily made with a knowing waiver of your rights to defend yourself. With that said, please watch our video on withdrawing guilty pleas. ruclips.net/video/DNcF13N9aq0/видео.html
I go to court in 2 days for a speeding ticket....a police officer had another car pulled over and I passed him going 10 miles under the speed limit (rather than 20 or 25 miles below)...any suggestions on how to fight this?? Do I need a lawyer if I’m gonna file a motion of discovery??
If you fight this alone, you'll need to know how to effectively cross-exam the officer. Since cross-examination skills take years to develop, I doubt you are equipped to battle with an adverse witness testifying in court. Consequently, hiring a criminal defense attorney would be a good decision if you insist on fighting the charges.
Hi I got a DWI it my house and I wasn’t even and the car I was getting some out of the passenger side and it wasn’t even my car can I get this dismiss on the first court date
Remember that only the prosecutor has the power/authority to dismiss a criminal case. The fact there is a first court date already, suggests the prosecutor has already reviewed the evidence and believes they have enough to prosecute you. This is where your criminal defense attorney can earn their keep. Make sure you hire the best attorney you can afford. After a full investigation by your attorney, they will give you input on your choices and your chances. Good luck and thanks for visiting my Channel.
Hi Mr. Gustitus, I have a question...
I live in Ohio, and I just got arrested a few days ago and was charged with 3 misdemeanors.
Resisting arrest, obstructing official business, and disorderly conduct intoxication.
The judge released me the next day on a personal bond and i have to go back to court on the 16th.
I haven't had a case since 2014 and now this!! 🤦🏽
In your honest opinion what do you think there gonna do with me?
I really appreciate if you could give me some insight on this.
Thank you and God bless
I'm sorry, I cannot help you. I cannot give legal advice over the Internet. I don't know the facts and law applicable to the case. Your hired defense attorney can give you much more help than I can give. Good luck.
Does this work specifically for a no seatbelt ticket 1st offense?
Yes, it does. A no seatbelt ticket must be proven beyond a reasonable doubt, just like any other criminal case.
Im facing a hobbs act robbery i was 18 but now 19 they are nun violent and it was a pellet gun no gun was pointed at them and im on pretrial bond and im ln trial what should i do
You should discuss your case with your criminal defense attorney. They understand the evidence in your case and the law applicable to the case. The also know the prosecutor and judge involved. They are in the best position to provide you advice.
Hi Gustitis , it is now 1 year 6months my case is at court for unfair dismal , it is set for trial for the past 6 months . trial date changed 3 times now what can i do if the judge keeps delaying or adjourning my trial date at the metal industry in SA.
If you are represented by a defense attorney, the best advice I can give you is talk with your attorney about this important question. If you are not represented, unfortunately I cannot give you any advice since I cannot provide legal advice on the Internet.
Agree
I'm wondering if someone is clearly not connected with a crime if it would even go to trial. For example, what if I was not in the area, or in the area on other business? Wouldn't that come out in pretrial and result in a dismissal?
Whether they are connected to the crime, or not, is a factual issue. Factual issues are typically not litigated during pre-trial hearings, unless the pre-trial is a motion to suppress. Whether the facts prove the person was connected to the crime is, first, a decision by the prosecutor. Then the issue goes to the jury to determine whether these facts prove the person is guilty beyond a reasonable doubt.
please help me cause i will be in court next monday to defence myself under road traffic act. just because of someone else drove recklessly, i got hit his car from behind. what should i do?
Please hire a defense attorney to represent you. They will review all the evidence and law applicable to your case and will give you advice about defending yourself. At the first hearing plead NOT GUILTY.
Do you get to pick the public defender who will represent you, or is it assigned? What if you dont like this person or feel they are either not competent or are not working in your best interest?
You are appointed a defender. Keep in close contact and discuss all the evidence in the case. Get a good understanding of what you are facing, the evidence involved, and the risk/benefit of different strategies. If you are concerned about the work ethic of the lawyer, talk to their boss about it. Good luck.
I was charged with driving an unregistered vehicle. However I was only sitting in the driver's seat. I was originally in the passenger seat asleep but the driver woke me up and told me to switch seats with him. I was unaware the cops had pulled us over due to just waking up so I stupidly switched to the drivers seat. I was very unaware that the vehicle I was in was unregistered as well. I have court in a week and dont have money to pay for an attorney so what would be the best way to defend myself in court?
That is an excellent question. There are several issues in your case that might lead to a successful defense. Your lack of knowledge is a key factor. Also, if your state law requires you to operate the vehicle, just sitting in the driver's seat probably would not meet that element. With that said, you still need a lawyer to help defend you. If you cannot afford an attorney, the court should appoint one to represent your interests. Thanks for your question and good luck.
Great video...please lawyer i need your help, i have a case of illegal deportation and my lawyer in that country take the matter to court and court send letter to my lawyer to get reply for me by Augus,t till now i didn't get reply even my lawyer refuse to pick my calls and my email anymore and my child is in that country, dose that mean the case dismissed?
I cannot help you. I am not familiar with the facts and law applicable to your case.
What happens if the defense doesn’t obtain discovery prior to prelim?
That is a matter of your state law. Since Texas does not hold preliminary hearings, I cannot speculate on what your state requires when it comes to discovery at that early stage.
Hi im new here in your chanel,
What do you call the rights that a police officer should read while arresting the suspect?????
Welcome! You are probably referring to "Miranda" rights. Those are read to a suspect when they are in custody and when the police want to interrogate them. Great question.
I like this guy
I like you too, for watching. Thanks.
I also would like to know how to obtain the police video at the time of my arrest. My attorney has it but did not respond when i wanted a copy for myself.
Your attorney can make the material available for your review. But state law will determine whether they must give you a copy.
I’ve been charge for gun possession through misunderstanding, first I have not obtain a permit to carry a conceal weapon around, but I was in the process of doing my permit. What do I need to do to win this case?
You need to hire an attorney to review all the facts and circumstances related to your case. Then they can give you advice about how to defend yourself.
@elizabethkalekale tell me how it went dealing with something similar
The most important reason to demand a jury trial is because when the prosecution (and maybe even your defense lawyer) are handing you the lie: "it will be best for you to take this plea bargain." then the only way to get cleared CLEAR is by a jury saying "NOT Guilty" no matter how slim the odds 😅 !
Can someone still take a case to trail even after the defence lawyer just talked to the ASA to lower felony x?
And switch lawyers to a good trial lawyer?
Thank you
Sure. It's the defendant's decision whether to accept a plea bargain or not. But the defendant must also be willing to accept the risk of doing either.
In a DUI case...... Would it be an admission of guilt, to do the classes and evaluations that are required when you are granted a bail, to get out of jail?
I know someone who has a Misdemeanor with bodily injury and upon leaving the county for the weekend, received a urination in public citation and was sent to jail with a bond. Though that person is out, this was the first mishap upon being on probation. Any chance of that person avoiding jail? Most of the requirements for completion of Probation have been checked off, so im told, and now this person awaits the court date with no public defender.
I have no idea. I would need to independently investigate the law and facts applicable to the case before I could render an informed opinion. I wish I could do more to help.
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I was recently pulled over while renting a U-Haul truck on the way to my home from job for no headlights being on. I explain to the officer that the U-Haul carry a updated system which has auto lights adjustment. He then took me as being a talker guy so he then slammed me with a careless driving as well for the headlights. It’s almost impossible to drive the new 2022 ford cargo van without the headlights because the front lights cut on the minute you put the van in drive. The results of this was 550$ worth of tickets with two of the tickets being almost similar. Careless driving - driving with no Headlights - switching lanes with out a turning signal. In the back of the U-Haul I carry a 500 lbs water tank and 300lbs pressure washer with over 50 bottles of chemicals cleaning supplies. I was told shut up and take the ticket. Is there anything I can do about this and how?
Ask for a trial. That is your opportunity to defend yourself. Work-out a deal with the prosecutor is another option. I wish I could help you more.
I have a criminal case of theft for switching the electric skateboard vehicle part on someone’s. And tricked him that it’s damaged, the investigator took my part and returned it to the original owner. Now I received a letter I need to go to the court💔 will I’ll be okay? If I follow some of your reasons will I’ll be alright? I am very new with court and law.
I have no idea whether you will be ok. I have not reviewed the evidence and facts. I don't know what the victim wants. I don't know what the prosecutor wants. I don't know what the judge may require. That's why I cannot answer your question.
What is the punishment usually for first time offense for larceny of lost property value 101
I don't know. There are many things that should be considered before forming an opinion about punishment. Unfortunately, here at my Channel those factors are rarely known.
If I recieve a parcel in an unknown name containing a prohibited product. And I notice the name isn’t mine so unopened it ready to take it to post office but it was intercepted by law and moments after delivery cops turn up with warrant what’s ur legal position in general
Keep your mouth SHUT and speak to NO ONE about the case until you've hired a criminal defense attorney.
@@GustitisLaw Thanks for guys like you I learnt along time ago to keep my mouth shut example 2 guys are walking down the street a police car siren goes off behind them suddenly one person throws a package into the bushes policeman gets out searches bushes find the package now just because policeman knows you know and friend knows doesn’t mean prosecutor and convince the magistrate he doesn’t know and so many people get in under the circumstance unnecessarily Still has to be proven in a court of law doesn’t it thank you for your advice
I am being called by an investigator to have an "interview" about charges against me. No charges have been filed. I told the investigator I will not be answering any questions and would be seeking legal counsel. Should I just wait to see if the state is going to proceed to file before paying a lawyer to potentially get facts about accusations against me?
I would consult a qualified defense attorney AND remain silent.
Hello, I'm being accused of criminal charges such as stalking & serious aggravated misdemeanors. I've been to arraignment & currently have a pre-trial coming up. My question is my public defender asked for a motion of evidence in Discovery from the prosecutor. But, the state/prosecutor says there is no evidence, can you possibly tell me what that means?
Thank you so much ❤️
I really like your channel
Hopefully this will help others world wide
Thank you, Briana, for watching and for your praise. I imagine there are police reports and witness statements concerning your case. Those are discoverable, in addition to any "evidence." In fact, I'm not sure what the prosecutor means by "no evidence," but certainly a cop talked to somebody and made a report about the allegations against you. A witness statement to the police is "evidence," in my book. Why don't you talk to your attorney about some of these details.
@@GustitisLaw thanks so much for the response.. keep your channel going 😉😉 I embrace it
My case been going on for two yrs they have changed state on me 3 times does that mean they may not have a strong case against me they pulled video there only evidence an I'm not on any of them there still asking a high prison sentence an I haven't been in trouble for 22 yrs
Sam: I regret it is very difficult for me to speculate about the strength and weaknesses the prosecutor's case. Your attorney should be in the best position to assess the case as they should have access to discovery material like reports, witness statements, videos, etc. If I were you, I'd discuss this very question with your criminal defense lawyer. Thanks for your question and good luck.
On 3/31/20 I was shopping at Costco with my mother. After Purchasing our groceries we were on our way out of the store when a female employee asked to check our receipt. I didn't want someone rummaging through our groceries amidst a pandemic so I turned to her and said "no thank you." She then Grabbed my cart forcefully pulling it aside. She demanded I allow her to see my receipt again and said the policy hadn't changed. I don't know their policy. My mom was just feet behind me and she had the receipt and was was trying to get her attention to show her the receipt. I continued to push forward to leave the store. She was on the side of me continuing to attempt to hold the cart while I was trying to pull away from her my cart. She then grabbed ahold of my me around my midsection to attempt to keep me from leaving and I told her to "get off me" and continued to try to pull away from her grasp. I got out of her grasp and got outside of the store and she came after me again to stop me saying again that the policy hadn't changed as she had the receipt at this time. She said she was going to press Assault charges because I had stepped on her toe. I called the police saying that she assaulted me on the way out. The police ended up giving me a ticket for Battery naming her the victim and me the defendant. The plaintiff being the city where the store is located. I did not accept the plea bargain and want to defend my innocents but I can't afford an attorney and the public defender requires I report my mother's wages because I live with her. I refused to supply that information and so I am left with representing myself because I have no income and can't afford an attorney. I just received my discovery and have not spoken with the prosecutor yet. And I have a trial by judge. I didn't feel a jury would be necessary. She has a couple fellow employees as witnesses and I have my mother as a witness on my behalf. Any thoughts?
Since I don't have access to the evidence, it's impossible for me to express an informed opinion about the case. However, I can say that trying the case to the judge might, or might not, be the best idea. Juries rely upon deliberation. Judges do not. Good luck and thanks for your question.
Cool! Well there is no evidence really except for the police phone call recording where I called the cops on her first. And an employee friend of hers. I have a witness of my own who says I never touched her. So it looks like my chances of winning are excellent!
Don’t lie. You tried to shop lift lol