Hello. I am a San Antonio Criminal Defense Attorney. I make videos that provide useful information for anyone charged with a crime in San Antonio (Bexar County) Texas.
Why did you leave out so much relevant information from your video? Im talking about the dact that blackpowder firearms , and antique firearms DO NOT QUALIFY AS FIREARMS NOT UNDER EITHER FEDERAL LAW NOR TEXAS STATE LAW. In english felons can lawfully possess any of the items previously mentioned. And buy them carry them, use them, whatnot and be perfectly LEGAL doing it. WHY DID YOU LEAVE ALL OF THAT OUT OF YOUR VIDEO?? DID YOU NOT WANT ANYONE TO KNOW IS THAT WHY??
United States Marine! (50 years ago was my last DUI) VICTIMLESS, NON-VIOLENT alcohol-related traffic offenses without victim or accident shall eternally abrogate 2-A "Rights" by nexus with Federal 18USC922(g)(1). 50 years ago my DUI offenses were VOID OF VICTIM, INCIDENT, ACCIDENT, or DAMAGED PARTY, and, void of mens rea- (Intent to do harm!) After serving (6) years as an honorably discharged United States front-line Marine during the Iranian crisis (1979), returning to civilian life alone, was difficult... Can the Bruen decision help get this 67-year-old Marines 2-A right restored after 50 years as a prohibited person for non-violent DUI offenses! When DUI arrests have NO victim, NO incident, NO accident, and NO damaged party, the 2nd Amendment "Right" should never be "eternally abrogated"! If there were a law to disarm taxpayers prior to 1968, wouldn't it still be on the books? - USMC (Semper Fidelis) SGT E-5 (5811)
The lying lawyers never tell u that the penal code is for persons !!! Look up u.s.c definition of (person) and u will see it doesn't apply 2 people unless acting in representative capacity such as a cop,judge, lawyer, anybody who took a oath to uphold the constitution is a person but only while on the job !!! These cases are easy to beat because the courts presume , rebut all presumptions made by the courts!! One being u are not a person as defined by their codes !!!!! So they have no jurisdiction to even hear the case !!!!! Lawyers are the deep state !!!
YOU NEED TO WAKE UP EVERYONE 1968 GUN LAWS ARE FAKE BACKROUND CHECKS DIDN'T COME OUT TILL 1993 ,25 YRS LATER, SO YOU COULDN'T MONITOR WHO BOUGHT A GUN FROM 1968-1993 ANYONE COULD BUY GUNS INCLUDING ALL FELONS SO THE BACKROUND CHECKS WASN'T USED FOR 25 YRS WHY NOW ELIMINATE ALL BACKROUND CHECKS IT VIOLATES THE 4TH AMENDMENT PRIVACY ACT NO INFORMATION SHALL BE PROVIDED TO BUY ANYTHING ESPECIALLY GUNS FROM THE GOVERNMENT FACT
Hello sir, I was charged with felon in possesion of firearm for my girlfriends gun ! We live in the same house together and we got into an argument one evening leading to her grabbing her handgun and calling the police. I called the police as well and told them what had happend and I ended up going to jail for felon in possession of a firearm for her firearm . Keep in mind that when law enforcement had arrived I had been waiting outside to tell them what was going on . About 45 minutes later I was taken into custody for felon in possession of a firearm for my wifes gun despite my significant other informing law enforcement that the gun was hers and that she had pulled it out to keep it next to her while she called the cops . Is here anything that could help me ?is constructive possession present here if she keeps it locked up and not accessible to me ? Thanks very much
When people find out you got out of jail , they automatically think your a easy kill. Fk that , the right to bare arms shall not be infringed. The same laws makers that are scared to go to the bad part of the city , want you to not to defend yourself after your environment sent you to prison. Maybe they should walk the hood without a weapon , see what its like.
The short answer is it is up to the judge. The longer answer is that it depends if it is a federal or state crime. If it is a federal crime, then look at 18 usc 3564(c). If it is a Texas state crime, then look at Texas Code of Criminal Procedure Art.42A. The state probation will depend on if it is deferred or straight probation. I recommend you speak to a lawyer in the city or county your case is pending in to review your case and advise you based on the specific facts of your case.
@@cortezdefense okay, I’m on probation and I’m ready to start a new chapter . I’ve been successfully doing my probation for a year and half . I want to move with My grandma to start taking care of eachother . Plan is to go to work with animals. I’m unsure if I have 5 years probation or 3 for smuggling illegal aliens. I did 6 months in California . Either way , I know I will be proud of myself , I already am starting to. I learned my lesson. Peace of mind is so precious , nothing is worth jeopardizing it!!!
Thank You! My son was asked by his boss ( he lives in Port Lavaca, Tx) to drive to Kinney county and pick up a co-worker and was stopped by law enforcement for a traffic maneuver, turns out the guy he picked up was a Mexican illegal, now my son is sitting in DilleyTx in jail waiting on ???
If the gun's receiver was made in texas , then the federal government would have no say plus there's also black powder guns anything made Before 1898, which can put you in some early action rifles.
I was caught for alien smuggling was cuestiond but didn’t say anything just said I wanted a lawyer and my right to a lawyer after 6 hours I was released all they said is if I get caught again than I’ll get hit for that time and next time. I was not given any paperwork. This happened in Murrieta California cbp. Can you help me with info? How can I get info or just in general no what’s up. The guy who was with me didn’t have proper paperwork and was deported same day
Hello @dylandelao-ih7ts. My law practice is only in Texas and not in California. However, I am hearing similar stories from people in Texas. Not sure why Homeland Security and Border Patrol are not making the arrests if they have probable cause that a smuggling crime is happening. But my guess is this is likely a political decision by the powers that be. I recommend you do a background check in 30 days to see if this encounter shows up on your record. If it doesn't, then count your blessings.
I don't understand, I have felony DUI on my record and I no longer can carry a fire arm or have a fire arm in my home or on my person, it makes no sense. Is anyone else upset about this?
None of this applies if an individual has been pardoned for an offense, the offense has been set aside, or the individual has had all of their civil rights restored, per 18 USC 921 a 33 b
Judges can use the 3553a factors to give a jail term that is above or below the suggested guideline range. These are called upward or downward variances. Normally this means that if you are arguing for a major downward variance, then you need a really great reason. For example, you served in the military, were awarded medals for valor, or you helped save your fellow service members from harm. Or you lived an extraordinary life that helped mankind. There are too many reasons to list because every person's circumstances are unique. The point is that if you want to "potentially reduce years" off of your guideline range, then you need to have a really good reason or reasons. You can also use the guideline policy statements to ask for a jail term lower than your guideline range. These are called departures. Below is a link that describes what variances and departures are, how they work, and what you should know about them. The article may get a bit technical, but it also will give you a solid overview of the issues. www.ussc.gov/sites/default/files/pdf/training/primers/2023_Primer_Departure_Variance.pdf
thank you for that@@cortezdefense one last questions, in what instances might a defense attorney arrange for the defendant to go through a psych eval with a forensic psychologist, if you're able to say.
I am not able to answer that question. It's too vague and the conversation would likely cover personal or sensitive areas. I recommend you speak with your attorney about that to figure out the issues or problems you want to address. From there, they can develop a game plan on how to proceed. Good luck.
If a judge or jury finds you guilty of alien smuggling (8 USC 1324), then you may be deported. For those reasons, you should consult with an immigration lawyer before you decide to take plea deal. The Supreme Court addressed this issue in Padilla v. Kentucky. That case requires defense counsel to advise a defendant of the immigration consequences of a plea deal. And in some cases, the Court noted--going to trial even if there is overwhelming evidence of guilt--may be a sound trial strategy in the hopes of keeping your green card. Bottom line--speak to an immigration lawyer before you make a decision on whether to take a deal or fight your case. As the immigration lawyer to conduct a Padilla review. This will help you weigh your options.
If you have a state felony charge and later get your rights restored by that state can you still get a federal charge for felon in possession of a firearm?
This fact pattern is so rare, that I have not dealt with it. Not sure the answer to this one. But take a look at this link. It may answer your question: faq.sll.texas.gov/questions/42811
I had a felony conviction in 1996. In 2013, I dug through my case records and found that the way my probation was terminated actually qualified me for clemency. I went to a store, tried to buy a gun, and was denied. I filed an appeal and submitted my documents and my appeal was successful. I now am able to buy guns andI hold a LTC.
I have a non-violent federal felony for wire fraud. I didn't get charged with any money. I got 2 years probation and completed it. I didn't have any fees or restitution. I'm a first-time offender.
The Supreme Court is taking a new look at 2nd Amendment cases. It will decide US v. Rahimi next term. The opinion in that case may help answer your question. Sorry I can't give you a better response. www.scotusblog.com/case-files/cases/united-states-v-rahimi/
The American government is a terrorist organization. Why don't you lawyers inform your clients that 922(g) was ruled unconstitutional in 1994 by the US Supreme Court in US v. Lopez? Why do you let the federal terrorist organization railroad innocent people? Why don't you inform your clients that the statement "in and affecting commerce" on their federal indictment is fraud on its face?
Hello Sir! I was charged with possession of a firearm in Boston, MA on 9/30/03 and took a plea for 2 yrs probation in June 04 that wrapped up in June 06 without issue. I relocated to TX that summer for school where I have been the past 17 yrs. Pled to a misdemeanor tresspassing charge in Feb 09 but other than that have remained incident free. I know after 5 yrs TX allows me to possess in my home, but at the fed level, do I have any recourse to argue since I served probation that I should be free to possess a firearm as a citizen? Or is the blackpowder/curio route my only hope for self-defense? Thank you so much in advance for your response, you are an IMMENSE help to the ppl!!
Unfortunately, 922g bans felons for life from possessing a firearm. However, the Supreme Court is revisiting its 2nd Amendment case law. They will decide a case in this upcoming term that will help answer your question. The opinion should come out sometime next year. Keep an eye out for it. (The case is United States vs Rahimi--it will be a big case when it drops.)
I am not sure what the Bullock case is. But the Supreme Court's opinion last year in NY State Rifle and Pistol Association vs Bruen changed how lower courts analyze 2nd Amendment rights. According to the Wall Street Journal, the Bruen case is creating chaos. Specifically many lower courts are struggling to figure out how to apply Bruen. See the article below. www.wsj.com/articles/why-the-nations-gun-laws-are-in-chaos-587ded3f?st=umanj3n1frmkxsp&reflink=desktopwebshare_permalink On top of that, the 5th Circuit ruled earlier this year that 18 USC 922g8 violated the 2nd amendment rights of a person who possessed a gun while subject to a domestic-violence restraining order. See USA v. Rahimi, 61 F.4th 443. However, the Supreme Court will review this case in its next term. See case number 22-915. (United States vs. Rahimi.). We should get an answer sometime next year on how the Court will apply the Bruen analysis going forward. And more importantly, we may learn if 18 USC 922g crimes are constitutional. See the question presented to the Supreme Court below: www.supremecourt.gov/qp/22-00915qp.pdf
I've heard of a man who was convicted of constructive possession because his wife had one in the lock glove box when they traveled together. So his wife also lost her right unless she wants to put her husband in risk of fip.
This happens all the time. Two people can be charged for possession of one thing such as drugs or a gun. It happens often during trafic stops or searches of homes or apartments. The key facts to a possession case--whether it is actual or constructive possession--are knowledge and control. Did the person know about the gun or drugs? And did he have control over the contraband. If the answer to both questions is yes, then the person is in possession of the gun or drugs.
I got a good one I have a felony charge for selling a half ounce of pot. from near 30 years ago. I am 59 now and was cleared by the state to get a security license. I have worked for the city of Knoxville parks doing security. And the University of Tennessee dorms doing Security. But I cant own a Gun. Good Grief
I hear you. The long-term consequences of a felony conviction are harsh. Especially for gun owners. But they can also affect other rights. This includes voting rights, immigration status, and eligibility for federal benefits. This means if you are charged with a crime, then you should consider not only the possible jail time but also the collateral consequences of a conviction on your record before you plead out. In some cases, it may be worth going to trial in the hopes of preserving your other rights. Thank you for sharing this story. I hope it helps others who may be in your situation.
Good morning. Chapter 48 of the Texas Code of Criminal Procedure provides options to get your rights back. But they are both uphill fights. The first is a pardon from the Governor. The second is to apply to have your rights restored. I am including a link below to the law. statutes.capitol.texas.gov/Docs/CR/htm/CR.48.htm#48.01
@@cortezdefense Good morning Sir, thank you for the reply. I heard about the pardon but was unaware of the second option. Thank you for the information.
@@cortezdefense I have a follow up question for you. Do you think 3rd circuit Supreme Court's decision in the Range case will have an effect on states decision to grant the restoration of civil right to former felons?
@@letsgobrandon5334 I was not familiar with the Range case until you mentioned it. For anyone curious about this case, the cite is Range v. AG United States, 69 F.4th 96. In that case, Bryan Range plead guilty to one count of making a false statement to obtain food stamps. This happened in 1995 in Lancaster County, PA. This charge was a misdemeanor, but it triggered a 922g1 gun ban because it technically carried a punishment range of up to 2 years in jail. As a result, Range could not buy a firearm. He sued under the new Supreme Court gun case arguing that 922g1 violated his Second Amendment right to keep and bear arms. See Bruen, 142 S.Ct. 2111 (2022). The Third Circuit agreed with Range. The analysis gets technical, but the bottom line is that the Third Circuit found that Range's type of prior conviction did not bar him from possession a firearm. In other words, the Second Amendment still protected people in Range's situation. I don't know what this means going forward. The Supreme Court is going to hear United States vs. Rahimi in its next term. It should provide more context on the Second Amendment. But the facts in Rahimi are horrible. In Rahimi, the defendant Zachey Rahimi was involved in 5 shootings. He also had a protective order against his girlfriend. Police later charged him with a 922g8 crime. That is, Rahimi possessed a gun while under a domestic violence restraining order. The Fifth Circuit said--under Bruen--the 922g statute is unconstitutional. Again, these are horrible facts. So I don't know what all this means. But you should track this case to help answer your question about restoration of gun rights. It may answer some of your questions.
Glad your case worked. I am assuming your case is federal because this video is on federal sentencing guidelines. In federal court, you cannot expunge--or erase--your criminal record. However, if your case is a state crime, then you cannot expunge your record either--but you may be able to have it sealed by filing a petition for non-disclosure. However, I do not handle expunctions or nondisclosures. I recommend you speak to an attorney that handles these types of cases if you have a state charge. Thanks for the feedback.
The U.S. Supreme Court decides what laws infringe on the 2nd Amendment. More importantly, right now the Court is changing its prior positions on gun laws in America. It started with the Bruen case last year. See the opinion below. www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf This case changed how trial and appellate courts analyze gun rights. It has already had a significant impact on other cases. For example, the 5th circuit reversed a 922g(8) gun conviction based on the Bruen case earlier this year. In that 5th Circuit case, the defendant Zachey Rahimi assaulted his girlfriend in a parking lot and dragged her back to the car. He later told her that he would shoot her if she told anyone about the assault. Because of this, a state judge issued a protective order against Rahimi that banned him from possessing a gun. A few months later, police searched Rahimi's home because they suspected he was involved in several shootings. They found a gun, a rifle, and bullets. As a result, the feds charged him with a 922g(8) crime, i.e., possessing a gun while subject to a protective order. The Fifth Circuit reversed based on the Bruen case. However, the Supreme Court granted cert. www.supremecourt.gov/qp/22-00915qp.pdf This means they will review the case and see if the conviction should be reinstated or not. Based on these facts, it's going to be a tough case for Rahimi to win. His conduct is to the extreme. Nevertheless, the Supreme Court should give us more insight on how to look at gun cases to see if they infringe on the 2nd Amendment. For more information, check out the scotus blog post below. www.scotusblog.com/2023/06/justices-take-up-major-second-amendment-dispute/
Because they don't believe what it says in the first place and don't mind being criminals if they can make it law. If any law violates the constitution then it is null and void.
The problem is, these gun cases are brought by straight up dirt bags who are filing bullshit challenges and getting denied. This sets precedent that is NOT in our favor.
If someone completed deferred adjudication for robbery and then 5 years later got the case non-disclosed, would the individual be eligible to own a gun afterwards…? I heard that since deferred adjudication is technically a “guilty plea” then the answer is no… The individual can never own a gun..
You can possess a firearm and purchase you never lost your 2nd amendment rights deferred adjudication is not a guilty conviction if you complete it, you were never convicted for it once you do your probation time the case is dropped or disposed look this up
As a convicted felon, this is one of the best descriptions of the workings of the Felon in Possession laws I've seen anywhere. Really good clarity about the interplay of State and Federal prohibitions. Nice. Thanks.
Good morning Focused Flex. That's a good topic. I enjoy doing the videos. The problem I am having is finding the time. I may do a blog post on that topic. Thanks for the suggestion.
Good morning Mr. Martinez. Good questions. Let's the start with the second question first. If the smuggling crime was committed for profit, then the base offense level is 12. However, if the smuggling crime "was committed other than for profit," then the offense level will drop by 3 points. So it will be 9. You can see this under 2L1.1(b)(1). I am including the link below. guidelines.ussc.gov/gl/%C2%A72L1.1 As for the first question, that is a tougher one to answer. If the person was part of a conspiracy, then the person will be responsible for the acts that were part of the conspiracy. Nonetheless, it is a tough question to answer because it will depend on the relevant conduct of the offense. The guidelines provide that "in the case of jointly undertaken criminal activity . . . undertaken by the defendant with others . . . all acts and omissions of others that were-- (i) within the scope of the jointly undertaken criminal activity; (ii) in furtherance of that criminal activity; and (iii) reasonably foreseeable in connection with that criminal activity" will be considered in deciding if the person gets points or not. In other words, it really depends on the facts of your case. You can also find this information under the Relevant Conduct section of the guidelines. It is 1B1.3. I am including a link below. Hope this helps. Good luck. guidelines.ussc.gov/gl/%C2%A71B1.3
Genaro I have an OUI conviction in Massachusetts from 2004, it’s a none violent misdemeanor but it’s prohibiting me from having firearms federally, does that apply to Texas too ?
Hi Chris. This is a new one for me. The first question I have is who denied you the firearm? Was is because of an FBI background check? Or was it the state of Massachusetts? If you were denied a firearm because you failed an FBI/NICS background check, then you can appeal the denial to the FBI in writing. (But note--you cannot appeal a delay in the firearm purchase.) If Massachusetts denied you the gun buy, then you will need to direct your questions, challenges, or appeals to the state agency that denied you the gun buy. At any rate, once you figure out the reason for the denial, then you can decide if the denial was a mistake or legit. You will want to get that question answered first before you try to buy a gun. Otherwise, you may get yourself into trouble. I am including links below to hopefully get you a more detailed answer to your question. Good luck and thanks for reaching out. guides.sll.texas.gov/gun-laws/background-checks www.fbi.gov/how-we-can-help-you/need-an-fbi-service-or-more-information/nics/national-instant-criminal-background-check-system-nics-appeals-vaf
@@cortezdefense I live in Texas now, NICS denied me and I appealed but they insisted that I am prohibited since the maximum sentence for first time OUI is of up to 2 1/2 years, the half year screwed me because had it been just 2 years max I wouldn’t fall Into that prohibition category. It was my first time OUI 18 years ago, it’s a none violent misdemeanor. I challenged the NICS denial but they couldn’t nullify the decision I believe this to be a violation of my 2A rights since I’m not a convicted felon or violent misdemeanor, I believe that under the Bruen guidelines it’s unconstitutional. Texas allows me to have guns and Massachusetts allowed me to have what they call and FID card which allows the hood to posses none high capacity rifles and shotguns, but federally I’d be braking the law if I had guns in either state which make no sense , but I do understand preemptive law give federal government power over states . What’s the point of the state restoring a right of the federal government can still prosecute a person? Like Marihuana, it’s legal in Massachusetts but federally it’s a schedule 1 drug so people in Massachusetts can still get federally prosecuted! Yet you don’t see them busting down dispensaries, I don’t get it honestly. If there’s anything I can do to fight this violations of my rights point me in the right directing please and thanks .
@@Young_Lord556 Yes--I understand why you are upset. There is lots of conflicts between Federal and state laws. Probably you need to hire a Second Amendment lawyer to file suit in Federal Court. That's your best option. Good luck.
