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4 Ways to Beat Drug Possession Charges in Court 

Gustitis Law
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This video explains how to beat drug possession charges. Beating drug charges involves a 4 step evaluation of your case. Visit www.gustitislaw.com for more information about beating drug possession charges in court and criminal defense lawyers in Bryan-College Station, TX.
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This video considers how to beat drug charges and beating a drug possession charge in court.
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Other Relevant Links:
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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, criminal attorney Stephen Gustitis describes how to beat drug possession charges. Drug charges can be challenged in court using 4 methods of attack including identity issues, possession issues, knowledge issues, and 4th Amendment search and seizure issues. Steve is a Texas Board Certified Criminal Defense Lawyer practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to beat drug possession charges. #drugcharges #gustitislaw #possessioncharges

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13 июл 2024

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Комментарии : 1,8 тыс.   
@RobertJackson1969
@RobertJackson1969 4 года назад
Excellent job on your videos. They have helped me immensely in learning the unfamiliar legal landscape I've found myself in. Thank you
@GustitisLaw
@GustitisLaw 4 года назад
Glad to help!
@GustitisLaw
@GustitisLaw 4 года назад
@@briennelovessports8459 Taylor, you can call my office if you wish. My phone number is in the "About" section of my Channel.
@eddiedarius1701
@eddiedarius1701 3 года назад
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@arkai7930
@arkai7930 4 года назад
Appreciate what you're doing man. Knowledge is key
@GustitisLaw
@GustitisLaw 4 года назад
Thank you for watching!
@snow-man2931
@snow-man2931 3 года назад
God bless you and your firm . Thank you for fighting the dirty crooked half of the system 🥊💯
@GustitisLaw
@GustitisLaw 3 года назад
I appreciate that!
@franciscorodriguez4139
@franciscorodriguez4139 3 года назад
I also need|d to ask you , who can I go to look into my brothers matter he has been incarcerated for 13 year in AZ for something he didn't do. Assoult to a police officer,. And for taken a car fronm an old lady . For those two false accusation he will spend 12 more years. Any help? Thank you in advance!
@amanuelabera819
@amanuelabera819 3 года назад
I found it too helpful for my arraignment on tommorow. Thanks a lot!
@GustitisLaw
@GustitisLaw 3 года назад
You are very welcome.
@mindieckhardt-campbell8136
@mindieckhardt-campbell8136 4 года назад
excellent.Thank you for your services here. ppl need you and your knowledge
@GustitisLaw
@GustitisLaw 4 года назад
Thank you for watching and for kind words.
@cuttboi412
@cuttboi412 5 лет назад
Love the content. I’m fighting a case right now and your info helps me a lot.
@GustitisLaw
@GustitisLaw 5 лет назад
So happy I can help. I appreciate you watching! Good luck with you case.
@donb2527
@donb2527 4 года назад
Good luck and god bless you
@kennethkristiansen6958
@kennethkristiansen6958 4 года назад
@@iom2484 Hire a local lawyer.
@joeymcallister8033
@joeymcallister8033 3 года назад
@@iom2484 you were outside of the car and the FRIEND more or less ratted on you for having cocaine in the car? Was it your car? Did you have care and control of the car?
@thugthug7205
@thugthug7205 3 года назад
Educated yourself and build a profile of who this snitch really; especially the psyche profile including any sexual proversions.
@aprilkelly5479
@aprilkelly5479 2 года назад
Listening and watching your videos sure did educate me and is helping me win my case I thank you so much and God bless
@GustitisLaw
@GustitisLaw 2 года назад
I appreciate your visit very much!
@tylerkissenberger5287
@tylerkissenberger5287 2 года назад
Thank you for your content. Long story short I was helping a friend and he took advantage of me. This was very formal and belive it will help me in my case.
@GustitisLaw
@GustitisLaw 2 года назад
Thanks for sharing!
@ezgaming3615
@ezgaming3615 2 года назад
you make law sound so easy haha awesome video, my side hobby is learning law
@GustitisLaw
@GustitisLaw 2 года назад
In many respects, it is easy. In others, it's very difficult. I appreciate your visit and your comment.
@lorihelton2008
@lorihelton2008 Год назад
I love how you explain things in a way that's really easy to understand. I'm not sure where you practice, but I'm in Charlotte NC and recently charged with possession. I am 50 yrs old and have no record. My husband is an addict and we had an argument one night over him going to rehab. I'd found a couple of baggies and straws, put them in my bag and ran out of the house. Literally to cool down and dispose of those items. Didn't even have shoes on. I was pulled over by county because my tag expired and I couldn't pass Inspection. The deputy almost immediately started insinuating drugs in the car, which to me, was very strange. Especially considering I have no record or runins with Leo. Not knowing any better, I halfheartedly gave consent but made it very clear that over the last week, my husband's friend had been in the car and even had backpacks in the back. Being upset still from the fight earlier and a wreck from the traffic stop in general, I struggled to think clearly. I did tell them that I'd gotten some things out of the house to dispose of but they only had tiny bit of residue. During the search, they found the baggies I'd spoken of and in the back, two pipes and straws. All with residue. Despite my efforts insisting they weren't mine, I went to jail for everything. If convicted of these felony charges, I risk losing alot and it will effect my life tremendously. And I don't even use. Can you tell Mr how to go about this? It just seems so unfair. And I will never admit to things that aren't mine nor take a deal for something that I didn't do. Any suggestions are welcome! Thanks!
@GustitisLaw
@GustitisLaw Год назад
I'm sorry this is happening to you. But since I have no access to the evidence, facts, and law in the case, it's impossible for me to give you any opinions about it. However, I do recommend remaining SILENT about the case and answer NO QUESTIONS about it. Hire a qualified defense attorney in North Carolina immediately to review the evidence and law and give you advice about how to proceed. Thanks for your kind words and I wish you the best.
@jongwonpyon4870
@jongwonpyon4870 4 года назад
I thank you so much for your information it makes me less worry about what happened to me now thank you again !
@GustitisLaw
@GustitisLaw 4 года назад
You are so welcome!
@immasoxfanbaby
@immasoxfanbaby 3 года назад
Sir u are an American hero. The law works when we have appropriate knowledge
@GustitisLaw
@GustitisLaw 3 года назад
Thank you!! And I agree!
@KansasPrint
@KansasPrint 4 года назад
I'm trying to go into the military and got caught with new and my friend he pled no Contest I said I need more time so what I do I csnt go in of I get this charged with a mip please help
@GustitisLaw
@GustitisLaw 4 года назад
You need to hire a qualified criminal defense attorney to help you. It sounds like you have much at stake with a potential military career hanging in the balance. Try to Google criminal defense attorneys in the town where this happened. That will give you a starting place for locating appropriate legal representation. Thanks for watching!
@lindasue1955
@lindasue1955 2 года назад
Thank you for your video. My husband is a 69 yr old Vietnam vet who has always denied PTSD to the VA doctors, yet he tells me he signed a sworn oath to never tell another soul about parts of that war. He had success in recovey from drugs/alcohol for a long period but succumbed and is now incarcerated where it looks like they intend to throw the book at him. Due to other circumstances, we can't afford legal representation yet the Public Defender office says he receives too much for them to be allowed to help and that he will have to represent himself. I am just now finding that my husband returned forms to them that he did not fully understand how to do. I am wondering how they couldn't see the incompletion on the form and allow me to finish it for him. If he is unable to complete the form, how can they expect him to represent himself? But again, thank you for the knowledge you provide to those of us who really need to know.
@GustitisLaw
@GustitisLaw 2 года назад
You did not tell me what he is charged with. He is constitutionally entitled to a defense attorney. Keep trying until he gets one. Good luck with this difficult problem.
@SagemodeDuey
@SagemodeDuey Год назад
I hope everything is okay in you and your husbands lives…. May god bless you both.
@artfimbres576
@artfimbres576 11 месяцев назад
@@GustitisLaw Gideon v. Wainwright of 1963, SUPREME COURT DECISION, established the right to counsel under the Sixth Amendment, regardless of a defendant's ability to pay for an attorney. It mostly left the standards for determining who qualifies for legal representation at public expense to the states
@artfimbres576
@artfimbres576 11 месяцев назад
YOUR HUSBAND FOUGHT FOR OUR RIGHTS and TO PROTECT THE CONSTITUTION, WHILE IN THE MILITARY.. HIS 6th AMENDMENT RIGHT GUARANTEES HIS RIGHT TO AN ATTORNEY, FREE OF CHARGE IF HE CAN'T AFFORD IT, THEN THE STATE PAYS THE COSTS.. YOUR HUSBAND SWORE THIS and SO DID LAWYERS, JUDGES, PROSECUTORS, COPS, and UNIFORMED EMPLOYEES OF OUR GOVERNMENT.. SO WHY DON'T THEY HOLD EACH OTHER ACCOUNTABLE FOR MISCONDUCT ?? THEY DON'T WANT TO LOOK LIKE A SNITCH TO THEIR FELLOW CO WORKERS AT THE COURT HOUSE, THUS MAKING THEM ACCESSORY TO THE FACT, CO CONSPIRATORS, AND JUST AS EQUALLY GUILTY AS THE ONES VIOLATING THE CONSTITUTION AND AMERICAN'S RIGHTS.. THERE ARE SO MANY CIVIL RIGHTS VIOLATIONS TAKING PLACE AND IT'S TIME FOR JUSTICE REFORM.. WHY WAIT TILL THEY DO IT TO OUR KIDS AND GRANDKIDS.. THEY HAVE ALREADY VIOLATED OUR RIGHTS AND YOUR HUSBANDS... LIKE DR. ML KING JR., WE MUST STAND UP AGAINST INJUSTICE AND INEQUALITY... Oaths of Enlistment and Oaths of Office The wordings of the current oath of enlistment and oath for commissioned officers are as follows: "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962). "I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God." YOUR HUSBAND'S RIGHT TO LEGAL COUNSEL WAS AFFIRMED BY A US SUPREME COURT DECISION in 1963 called Gideon v. Wainwright of 1963, SUPREME COURT DECISION, established the right to counsel under the Sixth Amendment, regardless of a defendant's ability to pay for an attorney. It mostly left the standards for determining who qualifies for legal representation at public expense to the states... THIS IS WHAT HAS BEEN GOING ON WHERE I LIVE IN PHOENIX, AZ.. THE ACLU of AZ SUING THE MCAO IN FEDERAL COURT FOR MISCONDUCT AND CIVIL RIGHTS VIOLATIONS... MARICOPA COUNTY ATTORNEYS OFFICE PRACTICING PROSECUTORIAL MISCONDUCT AND VIOLATING RIGHTS... A FEDERAL CLASS ACTION LAWSUIT IS BEING LITIGATED IN FEDERAL DISTRICT COURT... ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-ItylhAyc_bw.html
@lindasue1955
@lindasue1955 11 месяцев назад
@@artfimbres576 Thank you so much for your very informative reply. I do wonder how it is that my husband doesn't know this already!
@shawnmariewhittemore9137
@shawnmariewhittemore9137 2 года назад
Steve, I love your videos. I hope you have some knowledge to help me. Thanks again
@GustitisLaw
@GustitisLaw 2 года назад
Thank you so much for your kind words. I'm glad I was able to help you.
@shawnmariewhittemore9137
@shawnmariewhittemore9137 2 года назад
I still have one question for you. Is circumstantial evidence hard evidence? I have possession charges but was found with nothing on me or in my car but the inmate I was visiting was later found with it. So they say I am only logical person to have possessed it when entering prison. Can this charge stick or is it worth fighting? Please any input would help
@GustitisLaw
@GustitisLaw 2 года назад
@@shawnmariewhittemore9137 Circumstantial evidence is used to convict people all the time. However, I cannot comment on your case because I've had no opportunity to review the evidence for myself. Your defense lawyer is the best person to discuss this with you.
@robertdolin5563
@robertdolin5563 2 года назад
First video I've watched love it.
@GustitisLaw
@GustitisLaw 2 года назад
Thank you for visiting!
@ryansmith7316
@ryansmith7316 4 года назад
Hello.first off thanks for putting yourself out here to help inform the public. My question stems from an arrest last night by a conservation officer. My friend and I were fishing on a river side around1130pm very dark night.he obviously saw my friend smoking a marijuana pipe and approached him on foot with out announcing himself or any type of flash light he walked up and said give me the pipe.then asked if there was any more pot. My friend did what he thought was the best thing and have the officer a small personal bag. The officer asked me if I had anything and I did not. It's also charged with possession because he claims to have watched us pass it to one another. This is in Indiana. Wondering any defense that may work in my favor my friend even asked why I was being charged when he was the one in possession. Tiger officer called it possesion of something I don't remember
@GustitisLaw
@GustitisLaw 4 года назад
You will need to discredit the officer’s testimony about seeing the both of you passing the pipe. What does the officer’s report say about smelling marijuana on your breath? You’ll need to discredit that too. Next you’ll need to consider whether you will testify in your own defense. Those are a few ideas to consider. There are others.
@ryansmith7316
@ryansmith7316 4 года назад
@@GustitisLaw thanks fort quick reply I think discrediting seeing me actually with the pipe should be no problem add fat as smelling on my breath he never mentioned it
@GustitisLaw
@GustitisLaw 4 года назад
@@ryansmith7316 He doesn't need to mention all the evidence he observed. If he did observe something, he's trained to write it in his report. Remember, discrediting a police office on the witness stand can only occur when the cross examiner is an experienced advocate. 99% of non-lawyers are incompetent at effective cross examination.
@justxnl2s520
@justxnl2s520 3 года назад
I have a question: so my uncle was at the store and when he got out the police waited for him and took him in jail, after that a lot of police officers went to there house and searched can they do that or do they need a search warrant??
@GustitisLaw
@GustitisLaw 3 года назад
The general rule about searching a home is the police need a search warrant to do so. However, there are exceptions to this rule like consent or exigent circumstances. His lawyer will determine whether there are any challenges to the search.
@mynameismyname4823
@mynameismyname4823 3 года назад
4th amendment is your answer
@artfimbres576
@artfimbres576 11 месяцев назад
Look up MAPP V OHIO 1961 Ruling and see if applies to your situation.. en.wikipedia.org/wiki/Mapp_v._Ohio
@thomasengler9154
@thomasengler9154 2 года назад
Thanks sir love the videos
@GustitisLaw
@GustitisLaw 2 года назад
Glad you like them!
@gen.purpose4632
@gen.purpose4632 Год назад
Your videos have eased some of the anxiety that has taken over my head. I have a few speeding tickets from my past and a Marijuana possession charge that was dropped back in 2018 (it is not on my record because it was reduced I paid a fine and that was that.) On the 3rd of this month I was pulled over in a Walmart parking lot because I hit the gas on the main way out of the lot towards the actual street and was doing, maybe 25-30mph. I saw the cop and just slowed down knowing I was going to be pulled over. The red and blue lights came on and I pulled into a parking spot and got my info ready for the officer. I rolled my window down and started to hand it to the cop and she proceeded to ask me if their were any guns, drugs, etc and if she could search my car if it came down to it. I didn't think that a search would happen because it never had before, there was no probable cause, I was being kind and obedient, and every time I have been pulled over the office asks me those questions. So, because my mouth opened before my brain could process anything I said yea with a shrug. First off, she never said why she pulled me over in a private parking lot. As I'm waiting for her to come back an officer that thinks he knows me taps on my passenger window with his flashlight. He asks about my son, and how my husband and I are doing blah, blah, blah, I shoot the breeze with him then he says he can't hear me and walks around to my window. I smile and continue shooting the breeze when he opens my door and asks me to step out. I ask him why and he says "well you gave her permission to search your car so I'll need you to step out." Scared, uneducated in criminal law and a person's rights, I ask him why again and he starts to get upset saying again I gave the other officer permission to search. I didn't want this cop to say I was resisting or being difficult so I got out of my car. As the female cop starts searching my vehicle I keep asking the male cop why are they searching my car. I didn't use the words probable cause but I still asked why amd that they shouldn't be doing that. I start to get emotional and the male cop looks at me and angrily says that if I keep it up he's going to put DUI charges on me. At that point I swallowed my gut shut my mouth and closed my eyes. They found almost a gram of cocain and a little under 4 grams of meth as well as a broken meth pipe. 2 felony possession charges and a misdemeanor paraphernalia charge. The male cop tried to say that I had broken the pipe when I first got pulled over but I laughed and told him I didn't even remember that I had it, and that was already broken. Of course I'm arrested and booked. I have never been in handcuffs, I have never even been to jail. I was released the next day on my own regard...? I don't think that's the right word but I have pretrial. I hardly do drugs and when I do it's to help my mental health issues. I feel like the cops did something wrong and I just need to figure that out. Do you observe anything in my police encounter that could help me? Here's a little background between myself and this male cop. He has had it out for methe day he met me it feels like. A few months ago a "neighbor" called the police saying I was outside yelling at another neighbor, 100% false I told him that I hadn't even been outside and that it was really weird someone would do that. After he left he sat in his vehicle for almost 2 hours. Will a week later, a neighbor called the cops saying I was yelling that was all that was said by this male cop when I opened my door. I was not, I was inside with my children. I had been cleaning the whole day, never once yelling. I told this cop just that and that is a little upsetting someone keeps making false police reports. This time he said he was going to take me in if he had to come back. I had called the cops a week before these two encounters with him because my husband and I were arguing and I just wanted it to stop. The male officer and 2 others came, pulled us both to the side and the 2 unknown cops talked to my husband while this male cop talked to me. Our conversation might have lasted two minutes. Anyway this cop has been out to get me because I know my neighbors (I live in a condo) and they have never called the cops on me or my husband, and we have been living there for 3yrs and 3 months. 2 of my neighbors have been there for 2 yrs and another one just a year, we all know each other and say hi when our paths cross amd celebrate the 4th together, but never have the cops been called despite some of the arguments I know they have heard through the walls. And it seems like the 2 reports made by a "neighbor" are BS. Fun fact about me I have mental health issues but it's not like I need to be institutionalized or monitored. I have been off my meds for a year and have been looking for a doctor being very unsuccessful as it's almost impossible to get an appointment with one that will help amd/or is available. I hadn't done any of the coke, i don't know how, I've never done it before and it has never sounded like something i want to do, why waste my money. It was given to me amd my husband by another neighbor for our wedding anniversary. Neither one of us touched it and it e went forgotten in a tiny super in my wallet. Shame on me! The meth i had just gotten that day and have been an on and off user for a year, never really got twacked out, never stayed up through the night, it was just the only thing i could think of to use to substitute for ADHD meds. I have ADHD bad, possibly PTSD, tons of anxiety that sends me into a tunnel, and bipolar. I'm a stay at home mommy with a 4yr old and a 19 month old, and my husband (I should say partner because we are not legally married on paper) who just started his own businesswho need me. I'm scared, I'm a wreck, and my brain is trying to protect me by not letting the severity of this sink in. If you have time what's your take on my case? What should i do that you might not have mentioned in any of your videos that would help me? I am so thankful for you and your team. The videos you are creating are a blessing for so many people. Thank you doesn't seem to be enough to show gratitude, you're one of the good guys. I appreciate your time, understanding, and help. I hope you are having a beautiful week.
@GustitisLaw
@GustitisLaw Год назад
Thank you for visiting my Channel and leaving a comment here. I appreciate you and I wish you the best in this matter.
@tonymarz677
@tonymarz677 Год назад
sound like you a targeted individual do research
@kevinshepard7796
@kevinshepard7796 7 месяцев назад
4:25 He talks about searches of car and finding drugs in your car. Almost your exact situation. Unfortunately you gave the officer permission to let them search your car. Whatever they found, its on you. Your best bet is going to a treatment program before court to show them you're trying to get help.
@daithiocinnsealach1982
@daithiocinnsealach1982 4 года назад
It's insane how they treat personal drug users, many of whom lead normal lives, like criminals. Especially those who only smoke cannabis. It is also insane that this drug is still treated like a Class A. Even heroine addicts should he treated as sick, not criminal. People who start taking really hard drugs are usually in a lot of emotional pain stemming from childhood.
@GustitisLaw
@GustitisLaw 4 года назад
Thanks for contributing to the discuss here. I agree, drug addiction is often a way to self-medicate.
@avenmiller7597
@avenmiller7597 2 года назад
And the government is responsible for the drugs because they allow companies to create the chemicals and tools needed to make the drug
@artfimbres576
@artfimbres576 11 месяцев назад
ROBINSON V. CALIFORNIA is a Supreme Court Decision 1962.... Robinson v. California, 370 U.S. 660 (1962), is the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime. In Robinson, the Court struck down a California law that criminalized being addicted to narcotics.. THIS WAS THEIR 1962, VERY 1st LANDMARK RULING AND DECISION IN THIS 8th AMENDMENT RIGHT VIOLATION.... Supreme Court ruling in Robinson A fragmented Court reversed the state's judgment. The main opinion, by Justice Potter Stewart (joined by Justices Warren, Black and Brennan) in combination with Douglas's concurring opinion, recognized that drug addiction is a disease, and that it is unconstitutional to impose punishment for having a disease.[10] Justice Stewart wrote that even "one day in prison for the 'crime' of having a common cold," would be cruel and unusual.[11] Additionally, Justice Stewart's opinion, in combination with Justice Harlan's concurring opinion, held that it is unconstitutional to criminalize behavior in the absence of a guilty act, or actus reus.[12] Justice Stewart's opinion focused on the unconstitutionality of punishing a mere status or condition,[13] Justice Harlan's concurring opinion focused, however, on the unconstitutionality of punishing a "bare desire."[14]
@artfimbres576
@artfimbres576 11 месяцев назад
@@GustitisLaw Why hasn't there been any more precedent rulings from this Supreme Court Decision in 1962... They know it's a mental Health Problem and should be dealt with by the DEPT. OF HEALTH, NOT THE DEPT. OF CORRECTIONS.... ADDICTS ROBINSON'S RIGHTS HAVE BEEN BEING VIOLATED SINCE THE 60's and especially the 80's WITH REAGAN'S DRUG LAWS PUNISHING THE SICK.. ALSO A VIOLATION OF THE AMERICAN'S WITH DISABILITY ACT, SOCIAL SECURITY ACT, and probably more DISABILITY PROTECTIONS AND ACCOMADATIONS.. IT'S DISCRIMINATION, OTHERWISE PROSECUTE THE DIABETIC SHOOTING UP INSOLIN LIKE A HEROIN ADDICT.. EQUAL PROTECTION UNDER THE LAW. 14th AMENDMENT VIOLATION under EQUALITY CLAUSE.. THIS COUNTRY IS SO WRONG for VIOLATING AMERICAN'S RIGHTS.. THEY can prescribe you LEGAL METH such as METHODRINE OR DESOXYN.. DISCRIMINATION against the POOR INDIGENT AMERICANS, not having a doctor to prescribe a ADHD patient DESOXYN, which is METHAMPHETAMINE HYDROCLORIDE.. Instead they would rather DEPRIVE that person his medication and forcing them to turn to a black market, without any quality assurance, then LOCK THAT AMERICAN UP, just for Possessing Non Pharmacy Taxed Medication.. TAXATION WITH REPRESENTATION.. So the rich, educated, and privately insured upper class middle America has a Prescription Taxed Medication, who doesn't go to jail, while all the lower middle class poor and uneducated are Discriminated against, placed in jail cells, and having their Robinson's Eights Violated for being sick and having a disease that the DEPT. OF HEALTH WON't TREAT... SAD and what's even sadder, is thaat AMERICAN'S DON'T EVEN KNOW THIS IS WHAT'S REALLY GOING ON. SUPPOSE TO BE TREATMENT, NOT PUNISHMENT.... Supreme Court ruling in Robinson A fragmented Court reversed the state's judgment. The main opinion, by Justice Potter Stewart (joined by Justices Warren, Black and Brennan) in combination with Douglas's concurring opinion, recognized that drug addiction is a disease, and that it is unconstitutional to impose punishment for having a disease.[10] Justice Stewart wrote that even "one day in prison for the 'crime' of having a common cold," would be cruel and unusual.[11] Additionally, Justice Stewart's opinion, in combination with Justice Harlan's concurring opinion, held that it is unconstitutional to criminalize behavior in the absence of a guilty act, or actus reus.[12] Justice Stewart's opinion focused on the unconstitutionality of punishing a mere status or condition,[13] Justice Harlan's concurring opinion focused, however, on the unconstitutionality of punishing a "bare desire."[14]
@TheSmashten
@TheSmashten 4 года назад
I’m charged with simple posession of marijuana for 2 vape carts in Nashville what are my options
@GustitisLaw
@GustitisLaw 4 года назад
Plead not guilty and hire a criminal lawyer to defend the case. The lawyer will review all the facts and evidence and advise you whether the prosecutor can prove guilt beyond a reasonable doubt. They will also explain your options about how to resolve the case. Either by trial, by plea bargaining, or a combination of the two. Thanks for watching.
@JohnGotti501
@JohnGotti501 Год назад
Love your content
@GustitisLaw
@GustitisLaw Год назад
Thanks for your kind words!
@Famous-kitty.5338
@Famous-kitty.5338 2 года назад
Thank you 🙏
@GustitisLaw
@GustitisLaw 2 года назад
You’re welcome 😊
@whoisCH3DDAR
@whoisCH3DDAR 4 года назад
With tears in my eyes and fear on my brain, I came to this video in hope for answers, when you said “attorney” I cried harder. My thoughts: How am I going to afford this and possible fines? Why is it so hard living in this country? I’m considering just ending my life might be my best solution.
@GustitisLaw
@GustitisLaw 4 года назад
Nothing is worth taking your life over. Please call a crisis hotline to help give you some support. I’m sorry you are feeling so poorly.
@whoisCH3DDAR
@whoisCH3DDAR 4 года назад
Gustitis Law you taking the time to comment really means a lot. I think I should just show up for court and pray for the best. I really have no other options seeing I’ve never gotten in trouble before.
@GustitisLaw
@GustitisLaw 4 года назад
If cannot afford an attorney, the court will appoint one to represent you.
@whoisCH3DDAR
@whoisCH3DDAR 4 года назад
Gustitis Law but it’s in Kentucky, a state I was driving through. I’m a woman of color, how do I know this attorney is actually trying to help me? I’m sorry, I’m just so scared. I don’t want to go to jail, I don’t want to be a statistic neither but I guess the boat sailed.
@GustitisLaw
@GustitisLaw 4 года назад
@@whoisCH3DDAR It's their job to help you. It's their ethical duty to help you. They create a better career for themselves if they help you. That's how you know.
@usecodezinkee1420
@usecodezinkee1420 4 года назад
I got caught with two ounces or less when I had less then on gram. This is my first offense and the officer got the vehicle wrong. what does this mean? I am in the state of SD
@GustitisLaw
@GustitisLaw 4 года назад
A South Dakota defense lawyer can best advise you about the strengths and weaknesses of your case. They can also help you understand how to potentially defend it. The best course of action is to remain silent and identify a lawyer to hire. Thank you for your question.
@bobby.m136
@bobby.m136 Год назад
Slipp'n Gus!!!! You go my man. Lwrup
@bobby.m136
@bobby.m136 Год назад
Thank you but I don't let anyone but jack atwood rep me
@tgm2571
@tgm2571 4 года назад
U a real one
@GustitisLaw
@GustitisLaw 4 года назад
Of course. How can I help you?
@dustinknight6108
@dustinknight6108 4 года назад
I'm dealing with a case right now
@GustitisLaw
@GustitisLaw 4 года назад
Good luck with your case! Do you have a lawyer representing you yet?
@trystanneville6877
@trystanneville6877 4 года назад
If you don’t mind me asking what was it?
@GustitisLaw
@GustitisLaw 4 года назад
@@trystanneville6877 Dustin never mentioned what the charges were.
@reakiogreen3751
@reakiogreen3751 Год назад
Thank u for this frfr
@GustitisLaw
@GustitisLaw Год назад
of course!
@GustitisLaw
@GustitisLaw Год назад
You are so very welcome.
@reakiogreen3751
@reakiogreen3751 Год назад
No identity help me so much thanks again! For your supporting
@franciscorodriguez4139
@franciscorodriguez4139 3 года назад
Hello Sreve, I need your assistance on a personal drug possesion matter. I thank you for your videos they are very clearly inform
@GustitisLaw
@GustitisLaw 3 года назад
If your case is in Brazos County, Texas or surrounding counties, I'd be happy for you to schedule an appointment to meet with me in my office.
@alaynaanne9909
@alaynaanne9909 3 месяца назад
Yes please 🥺
@christophercharleshoward5435
@christophercharleshoward5435 2 года назад
your video is very helpful I wish I had found your page a few months ago it would have helped me decide on how to proceed with academic I am in .I was forced into taking their ple offer for fear of doing yrs in jail if loosing my trial.had you been on my case I am sure it would have been dismissed.hopfully your fees are fair I could not find a defense lawyer to help me without feeling like they were trying to retire with my retainer.thank you for sharing your knowledge with us the people need more people like you! so many things wrong with our justice system that it is just 😔..have a great day
@GustitisLaw
@GustitisLaw 2 года назад
Thank you very much for your kind words. I wish you the best of luck in the future.
@maintenancekraftmanors6205
@maintenancekraftmanors6205 2 года назад
Thank you
@GustitisLaw
@GustitisLaw 2 года назад
You're welcome.
@reagansantos1399
@reagansantos1399 3 года назад
Hello sir.. A im so glad to found this knowledgeable video.. Question? Is there any specific case that drugs test do mandatory?
@GustitisLaw
@GustitisLaw 3 года назад
I'm sorry I don't understand. Can you please rephrase your question?
@GustitisLaw
@GustitisLaw 3 года назад
@Wrathof GOD It is certainly possible that could happen. Then they go to court the MUST be clean.
@uniquebpddisasterbrandy236
@uniquebpddisasterbrandy236 4 года назад
"evidence will not be admissable in court and YOU WILL WIN" can I get that played on repeat please... 3 days ago my bf and I were just walking down the road... Cops pull up ask what we're doing search him and arrest.... Nah I don think so.. gonna fight for sure because he specifically denied the request for a search and they did it anyway ... I love the way you explain this definitely best video so far thanks!!
@GustitisLaw
@GustitisLaw 4 года назад
Thank you for watching and I'm happy it was helpful to you!
@jessicarabbit1208
@jessicarabbit1208 3 года назад
When you say that knowledge of possession is a good defence what is it mean if they cannot prove you knowingly possessed something does that mean not guilty dismissal or does that mean no contest thanks again for your help with everything your awesome
@GustitisLaw
@GustitisLaw 3 года назад
If they cannot prove you knew it, that is a "not guilty" verdict. If they know they cannot prove your knowledge, that might result in a dismissal. What does your attorney think? "No contest' is the same as pleading guilty.
@shelby-uo3sy
@shelby-uo3sy 2 года назад
thanks so much for this vid, rlly eased my anxiety could you answer this for me? so i was accused of smoking in the school bathroom (Tx) (which i wasn’t but my friend was so that’s why she thought i was too) and so the vice principal searched my backpack and found a vape which i ONLY brought to school to get rid of it by giving it to someone else. but at the end of the day i had a nicotine vape on me and now i have to go to court, what can i expect to happen?
@GustitisLaw
@GustitisLaw 2 года назад
I have no idea what may happen in court. That's why you hire a qualified defense attorney to review the law and evidence applicable to the case and then give you advice about how to defend yourself.
@avijitnandy7223
@avijitnandy7223 Год назад
Thank you for your brain.
@GustitisLaw
@GustitisLaw Год назад
My brain thanks you. I appreciate your kind words.
@benalexender3046
@benalexender3046 3 года назад
Thanks
@GustitisLaw
@GustitisLaw 3 года назад
Of course!
@stephenhanes8043
@stephenhanes8043 2 года назад
I have a prior 2018 case here in Oklahoma for possession of CDS for marijuana.. although now in Oklahoma it's legal if you have a OMMA medical marijuana card.. I do know about the 17b motion to drop this felony charge to a misdemeanor but I'm not sure if this terminology will help me get this resolved and reduced to a misdemeanor
@GustitisLaw
@GustitisLaw 2 года назад
I don’t know either. I’m not familiar with OK law and whether the new law is retroactive or not.
@nenem5937
@nenem5937 4 года назад
Hello, I’m located in Georgia , I got caught with 3 kinds of pills, maybe 30 or so pills in all. This is my first offense, basically what I want to know is, with a good lawyer could I avoid jail time & get probation? Or is it mandatory jail time? I’m really lost with this kind of stuff and really just need some advice. Thank u.
@GustitisLaw
@GustitisLaw 4 года назад
The end result in your case will depend upon many factors. The facts and evidence. The prosecutor's policies. The court system in the community. And, of course, the skill of your defense attorney. Consequently, I have no idea whether you'll get probation or jail time. Please hire a criminal lawyer of your choice to start developing a defense strategy. Good luck and thanks.
@chadsibertron520
@chadsibertron520 2 года назад
Thanks for your video I’m ina situation where a passenger left a syringe behind her seat, in Illinois can they test it for DNA?
@GustitisLaw
@GustitisLaw 2 года назад
Sure they can test it. The question is will they.
@PervaizAliOfficial
@PervaizAliOfficial 2 года назад
Thank u sir for this information.. My father have driver job in uk recently he is arrested by police due to some drug offence.. We are out of country we cant contact him... what we can do sir..?
@GustitisLaw
@GustitisLaw 2 года назад
Consult with an attorney in the United Kingdom.
@ez-rs
@ez-rs 3 года назад
I have a more specific question. Possession of marijuana on federal land, I have an active medical card & I am 21 years old. I had under the legal limit. I am trying to figure out how I should move forward, court is on the phone on Jan 12th, 2021. Thanks for the help
@GustitisLaw
@GustitisLaw 3 года назад
Mike, this sounds like a question for a federal criminal defense lawyer. Were the charges filed in state or federal court? Do you have a defense attorney to defend the case? Thanks for your question!
@3rdcoastghostmusic
@3rdcoastghostmusic 4 года назад
Thank you for helping, I am facing possession charges. Ex military first ever offence this has helped me a ton.
@GustitisLaw
@GustitisLaw 4 года назад
Of course!
@mikec4294
@mikec4294 2 года назад
Thanks for all your help. I have a situation I could use some help with. I was pulled over in a friend's car for a rear brake light out. The officer had another officer come with a K9 and used that as probable cause. He searched and found some meth under the passenger seat that I wasn't aware of. I had just dropped off my daughter and her now x boyfriend at a motel after taking them grocery shopping. The officer didn't show me the drugs or even tell me how much was there. I couldn't afford a attorney and got a court appointed one were taking it to trial but he doesn't seem like he even cares if he wins the case or not. I could really use some advice please
@GustitisLaw
@GustitisLaw 2 года назад
Your current defense attorney is in the best position to help you and answer questions. They have access to the evidence and law applicable to the case. They will review it and give you advice about how best to defend yourself. Do not mistake style for intent. The lawyer does not need to care about you to perform good work. I understand my opinion does not make for good attorney/client relationships, but the statement is true.
@shaianndownes4765
@shaianndownes4765 3 года назад
I just got my first possession charge in NY. Illegal possession of marijuana (less than 2 grams) and possession of a controlled substance (about 3 xanax pills) I told them about the pills because they said they would tow my fathers car if they found anything else in the vehicle. Many are telling me plead not guilty and get a public defender to try to get charges dropped since it is my first ever offense. Is it likely they will drop the charges?
@GustitisLaw
@GustitisLaw 3 года назад
I have no idea whether you can get the charges dropped. I do know your only chance is to acquire a criminal defense attorney to help you defend the case. In the meantime, plead NOT GUILTY and remain SILENT about the facts and circumstances of the case. Good luck and thanks for your question.
@JuneDen
@JuneDen 3 года назад
Watching this for a friend
@GustitisLaw
@GustitisLaw 3 года назад
What did you learn?
@tiajung1062
@tiajung1062 3 года назад
Greetings Sir, I find your video so inspiring with full of knowledge. Iam an inspiring lawyer to become. But I don't know which specialists to join in. Can you please give me some tips for that.
@GustitisLaw
@GustitisLaw 3 года назад
Finish law school first. Then decide what you want to do with your degree. Good luck and thanks for your question.
@calebfaulkner2203
@calebfaulkner2203 3 года назад
I was in a car and they found h but didn’t tear it and it’s not h it flour that a girl put there trying get us in jail and it worked
@cristopherbuttler9570
@cristopherbuttler9570 4 года назад
i was told with the searrch warrant did not include a seperate garage owned by somebody else, but since the police acted on the presumption it was part of this property that the search warrant is valid.
@GustitisLaw
@GustitisLaw 4 года назад
I don't understand. Did the police search the garage that belonged to another person? Did the search warrant authorize said search?
@marklapham5487
@marklapham5487 7 месяцев назад
Okay you seem like a very intelligent and smart man and I have a few questions I need to ask you I was pulled over with my brother there was a bubble a bubbler bong in the car
@marklapham5487
@marklapham5487 7 месяцев назад
The question I have for you is this if your brother is pulled over and you are the passenger of the car and they pulled you out to search you find nothing on you but some stuff in the car on my side of the car and it was not mine that was not mine and then thay did not Rita rights to us and also detained this for over 4 hours at the police station and then took us back to our car and let us go home Ben press charges on a year and 3 months later and he has the wrong dates on there about when he pulled us he's trying to say that he pulled us over on the paperwork and arrested US which means he must read us our rights but he did not but he took our fingerprints in our picture and how to stay there until he was able to take it back to our car something is very fishy about this and I don't believe I should be charged for paraphernalia car is not in my name nor is it in the person's name who was driving itb
@GustitisLaw
@GustitisLaw 7 месяцев назад
I appreciate you watching and commenting on the video. Here's my problem. When asked to respond to specific questions about a specific case, I am actually giving legal advice. That's what you hire your own lawyer for. Additionally, I cannot give legal advice away without a full investigation of the facts myself. That would be malpractice. And lastly, I cannot give legal advice for free.
@josepabloperezperez6692
@josepabloperezperez6692 2 года назад
I will love a video explaining how to fight a DUI with drugs in New York. Indeed to see how NY play
@GustitisLaw
@GustitisLaw 2 года назад
I wish I could, but I have never worked with NY law, nor am I licensed to practice there. I appreciate your request, nevertheless.
@BamaStreetRacingSociety256
@BamaStreetRacingSociety256 2 года назад
I have a Question hopefully someome can answer. Im currently dealing with a case and the officers charged me with much more weight of drugs than i actually had. The particular drug was fentanyl and I know for a fact all I had was 4 points yet they charged me with 1.3 grams which is considered trafficking when it comes to fentanyl. Do they have to prove that I had that exact weight because if so I am in good shape. Also does baggy weight count or only substance?
@GustitisLaw
@GustitisLaw 2 года назад
That depends upon your state's law. The best person to discuss your question with is your qualified criminal defense attorney. Good luck and thanks for your visit.
@amandaelliott8454
@amandaelliott8454 2 года назад
Thank you for your videos in trying to help my boyfriend who does have a previous distribution charge back in 2006 that he got charged with because the miner who actually sold told cops it was his and she was a miner but he got pulled over few months ago and charged with possession of controlled substance 1.0 g his back pocket and possession of marijuana 2.2 g drivers side floor bored pariphenilia passenger side door and child endangerment involving drugs... Our 8 yr old was with him along with our 18 yr old who said the weed and grinder were his my mother went to pick the boys up when their dad got arrested they said she had warrant arrested her she had to bond out but the warrant had been recalled in July so no reason she should have been arrested but they allowed my 18 yr old drive my mom's car home with no license expired permit and with my 8yr in the car but no car seat when one was in car they got pulled over in... Anyways he was pulled over for trail light out he did give did give consent to search and her is on parole but they didn't have search warrant can he get the charges dropped??
@GustitisLaw
@GustitisLaw 2 года назад
Dropping charges?? I don't know. I don't know the prosecutor, the judge, the juries in that jurisdiction, DA polices, criminal records of witnesses, or strength/weakness in the case. All these factors affect whether a case gets dropped. In the meantime, he MUST REMAIN SILENT. That means talking to ANYONE and answer NO QUESTIONS about the case. Besides the defense attorney, I don't care who's asking.
@Chris-vq3wm
@Chris-vq3wm 5 месяцев назад
I was offered a drug diversion program for two class e felony possession charges which required completion of their 10 drug classes and random UA’s. I completed everything and never heard from my case manager once the entire time, after I finished classes I called the program and they said i was good and done. I’m being recharged due to failing multiple of the UA’s during this time period. However, I never once either heard from, or could get ahold of my case manager while I was completing the program. No one ever told me I was failing my UA’s and they had me still complete all ten drug classes after I apparently failed. Do you have any ideas on what they generally do now? I’m aware that you do not know my case or specifics I’m just trying to get some what of an idea of what they have done to others in the past that this has happened to. If you have heard of something similar please let me know. Thank you.
@gininefaraj4588
@gininefaraj4588 3 месяца назад
Hi Steve, I know this video is older but was wondering if you are still able to answer a few questions I have
@lindseyarthur7477
@lindseyarthur7477 4 года назад
I heard that if the amount of drugs they found is not a large enough amount to test that it can be dropped? Is that true? Like if they found barely .1? Also I heard something about if the arresting officer doesn’t show up for court then the charges can get dropped is that true?
@GustitisLaw
@GustitisLaw 4 года назад
I would say both conclusions have a dose of truth to them. But neither is an ironclad rule.
@tacopablo46
@tacopablo46 4 года назад
If you get charged for conspiracy for weed or as a co-accused & all there info is based on a CI can you push for motion to compel disclosure to try have it dropped in trial what’s the best way to fight a case like this ?
@GustitisLaw
@GustitisLaw 4 года назад
Every case is composed of factual components and legal components. Some defenses are factual and others are legal. That's why you need a qualified criminal defense lawyer to figure that out.
@marleahunter4809
@marleahunter4809 2 года назад
I am so grateful for this. I was asleep and someone said the police were at my door. When I opened the door they said they were there for stolen goods. While inside they found parafanalia that wasn't mine but I was the only one in there so I got charged and arrested with no rights being read. I don't k kw what to do
@GustitisLaw
@GustitisLaw 2 года назад
You need to remain silent and hire a qualified criminal defense attorney immediately.
@ginofumaakalilginoj4336
@ginofumaakalilginoj4336 Год назад
Hello I would like to know if you get pulled over for no turn signal and the police find out your driving suspended, does that give the police probable cause to search vehicle
@GustitisLaw
@GustitisLaw Год назад
If they arrest you for the traffic offense, in many states that gives them the right to search without probable cause. Also, if the police department has any inventory search policy, they can search based on that policy after an arrest, without probable cause.
@jassesidhu4169
@jassesidhu4169 2 года назад
Hi there 3 of my frnds got charged with possession of cocaine but it was less than half gram open bag they were sleeping in car while they were parking in walmart parking lot car was on cuase of AC was runing and cops come over and search the car they were not even driving and the substances was in glove box they didn’t knew that whos that they came from house prty and every body was using their car so thy dnt knw whr it came from do u think they can beat the charges and how long does it takes criminal code 4(1)
@GustitisLaw
@GustitisLaw 2 года назад
I don't know if they can beat the case. That depends on many factors, none of which am I familiar. I wish I could be of more assistance.
@metro5587
@metro5587 Год назад
I need advice on what to do in my case. I got pulled over in Nashville Tennessee with a half of weed on my way home. Its my first case ever what do I need to do in court?
@GustitisLaw
@GustitisLaw Год назад
I cannot give you advice except to remain silent, answer no questions, and hire a qualified criminal defense lawyer in TN immediately. I wish you the best.
@thomaschandler225
@thomaschandler225 4 года назад
I was hanging out with my buddy last night on his property, we were actually just sitting in the driveway when the cop rolled up. We were both half asleep and had already gotten done smoking but he searched my car and his car. I had a gram or so in my console of my car and so did my friend. He charged us both with paraphernalia and when I asked him how this would effect me he said he didn’t know. I’ve never been charged with anything and don’t know my way around the system
@GustitisLaw
@GustitisLaw 4 года назад
My recommendation is to hire a criminal defense attorney to represent you. There may be legal issues to litigate in this case, like the initial detention and the search of the vehicles. A non-lawyer is not qualified to complete this work successfully. Good luck and thanks for your visit.
@AssTroNOT-jn7iu
@AssTroNOT-jn7iu 2 месяца назад
I'm driving my friends truck and I get pulled over and they find his stash under the front bench seat. I didn't k ow it was there but is that enough really? Brian
@ngnarciso922
@ngnarciso922 4 года назад
Close friend of mine was arrest on the 3rd for possession of marijuana. Any advice on how we should proceed. No bail bond.
@GustitisLaw
@GustitisLaw 4 года назад
Hire a qualified criminal defense attorney. That is the first and best thing to do.
@esetasaiaacuna8591
@esetasaiaacuna8591 3 года назад
Hi sir,my husband is fighting a drug possession case his was charge last month and got lock up in jail there were 3 of them 2 got release and he end up in jail and charge with the glass pipe the police claim they found under the front seat he was sittin on...but mind you he was only a passenger ...they didnt test him no searge warrant..and it was not his car..need your best advice please
@GustitisLaw
@GustitisLaw 3 года назад
My best advice is for your husband to hire a qualified criminal defense attorney to research the facts, evidence, and law to determine what the best possible defenses might be in this case. In the mean time, make sure your husband remains absolutely SILENT about this case. Allow him to speak ONLY to a defense attorney!
@antoniospitalougi2663
@antoniospitalougi2663 2 года назад
must a search warrent contain the seal of the state and or stamp of the court clerk?
@GustitisLaw
@GustitisLaw 2 года назад
I don’t know what state you are asking about. In Texas, it only needs the judge’s signature.
@burt1253
@burt1253 3 года назад
I was arrested for possessing two Xanax pills. They gave me two years probation and I have to get a drug abuse evaluation. I was just sentenced to probation yesterday but I’m wondering if I should try to appeal it. I don’t know much about the court system but it seems very excessive for the little amount I had. I’m not sure if you think I’d have any options.
@GustitisLaw
@GustitisLaw 3 года назад
I have no idea what your options are since I am unfamiliar with your case and the law that applies to it. These are good questions for your defense attorney. Have you asked them?
@Oldpeoplehavesuoerpowers
@Oldpeoplehavesuoerpowers Год назад
What kind of questions would u use to pick a jurry in a weed possession case that’s going to trial 11/7/2022
@GustitisLaw
@GustitisLaw Год назад
Without having a full understanding of the facts and issues involved, I have no idea what I would ask them. Plus, before you start asking questions you must know what your defense is going to be. I’m sorry I cannot be more specific.
@robertloftin4021
@robertloftin4021 3 года назад
Thanks for the info from someone that can't afford a lawyer can you receive a conviction but do no hard time in prison in georgia on a first time small amount of cocaine charge
@GustitisLaw
@GustitisLaw 3 года назад
I’m sorry, but I have no idea. I would need to review the law and evidence applicable to the case before I could express an opinion. If you cannot afford an attorney, the court will appoint one to represent you.
@laurenashley420
@laurenashley420 7 месяцев назад
Even if the police have probable cause, (smell of marijuana & admittance of just finishing smoking), do they have to have consent to search for it to be admissable in court? Thanks
@GustitisLaw
@GustitisLaw 6 месяцев назад
If they have probable cause they don't need consent. Now, they might need a warrant setting forth probable cause, but car searches don't need warrants.
@ABnormal94044
@ABnormal94044 4 года назад
I want to know about being read your rights. Before they actually arrest you or at the time of the arrest does the law require the cop to read you your rights? What if they don't? Don't they have rules and consequences if they don't follow them?
@GustitisLaw
@GustitisLaw 4 года назад
Miranda rights are ONLY required prior to custodial interrogation. Take a look at this video. ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-99fl94aJPsI.html It may help answer some of your questions. Thanks for watching.
@njsquad5352
@njsquad5352 4 года назад
Do the automobile exception apply if the crime happen outside the car
@GustitisLaw
@GustitisLaw 4 года назад
That's a great question. It can apply, depending upon the facts and circumstances of the case. If the suspect had access to the vehicle before, during, or after the offense the automobile exception may apply. Regardless, contest all searches and force the government to prove the search was legal. I appreciate your visit.
@jovanlozano1544
@jovanlozano1544 4 года назад
I’m on probation and this guy that I know who has animosity towards me falsely accused me of sellling drugs to my P.O and sent her pictures of me that have drugs either in my hands or around me I’m not sure and I haven’t been charged with anything yet but how do you think this is gonna go? Can they even charge me for possession?
@GustitisLaw
@GustitisLaw 4 года назад
What you do to protect yourself is to REMAIN SILENT and keep your mouth shut. To file criminal charges the prosecutor would need either a confession from you about the identity of the drugs, or lab test results proving the material in your hands was illegal contraband. If they have neither, they won't be able to prove what you possessed were illegal drugs.
@vhwatvwap5442
@vhwatvwap5442 2 года назад
Is there a difference in them saying you have been indicated vs them serving you the actual hard copy indictment papers?
@GustitisLaw
@GustitisLaw 2 года назад
The only issue is whether you've been indicted, or not. It does not matter how you get notice of the indictment.
@barbarashaffer8893
@barbarashaffer8893 3 года назад
I have a pending hearing I am curious should I file a motion to dismiss before the justice court judge see me it’s the first time I have had court since jail
@GustitisLaw
@GustitisLaw 3 года назад
What would be the legal basis for the motion to dismiss? Remember, only prosecutors have the authority to dismiss, not judges.
@ashleyquinn1822
@ashleyquinn1822 3 месяца назад
Can you get a drug possession charge dropped if you got pulled over and had and old prescribed controlled substance not in package but can prove you had an old expired prescription for it
@BeautywithBrady
@BeautywithBrady 4 года назад
i got into an accident, (a girl hit my bumper,) and the cops smelled marijuana in my car. they told me they now have probable cause to search but i ended up telling them where it was. (it was less than a gram/about a gram in a blunt,) and they gave me a summons for cooperating. no arrest. i have court in march for possession. i’m in Va, do you think i should get an attorney or just plea guilty and hope for the best.?
@GustitisLaw
@GustitisLaw 4 года назад
Pleading guilty and hoping for the best is ALWAYS a bad strategy. You simply have zero control over the outcome. Please hire a defense attorney to help. Thanks for your good question.
@carlosolguin84
@carlosolguin84 4 года назад
If you have a court date for posesion on a specified date for arainment also told that i can do a walkin erlier if want would it be better to wait or get the arrainment faster .. Note im on prrobation in california
@GustitisLaw
@GustitisLaw 4 года назад
I can't image the timing has any significance. But please consult with a defense attorney in the state where the charges are pending.
@carlosolguin84
@carlosolguin84 4 года назад
@@GustitisLaw Thank you for taking the time to respond also i wanted to share a link with you. Have you seen this. Before ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-safvzottzZo.html
@tomwhite1551
@tomwhite1551 2 года назад
For Search and Seizure does that come in to play when the marijuana in question is found n military housing
@GustitisLaw
@GustitisLaw 2 года назад
Yes, it does. Your attorney will need to see if it applies to your case, specifically.
@alexanderpen1306
@alexanderpen1306 2 года назад
I have 3 felony possession charges from 2017, 30k bond, which I sat for a month for it to drop to 15k. I made bail once that happened, I came to every docket call til last in February was my first court date which I had no transportation to make it (i live in a different state) did notify the court possible to send me pdf form so I can sign and email it back. The form with my signature was never received later into the year around September i was told bonding company came off my bail. I got a lawyer to represent me, he motioned the court date and arrest warrant. So now I just would like to kno for the years of me not getting into any trouble with the law in the past 5 years is it possible this case has any chance to be dismissed??
@GustitisLaw
@GustitisLaw 2 года назад
I don't know how your good behavior will affect this case. Sometimes it does, sometimes it doesn't. I'd say your current defense attorney would be better able to answer your question since they have access to the evidence, prosecutor, and judge involved in the case. Good luck and thanks for visiting.
@joanvaca6384
@joanvaca6384 4 года назад
Thanks for the info. What is the illegal drug was found on a stairway near where the person was passed out and then arrested?
@GustitisLaw
@GustitisLaw 4 года назад
That does not tell me the whole story, unfortunately. There will be many more facts and circumstances related to this case that I'd need to understand before I can give you any type of opinion on the matter.
@Poc0hontas
@Poc0hontas 3 года назад
@@GustitisLaw u got a email ?
@GustitisLaw
@GustitisLaw 3 года назад
@@Poc0hontas You can contact my law office to schedule a consultation in my office, if you wish. My phone number is in the “About” section of my Channel.
@Grace-mn4cw
@Grace-mn4cw 4 года назад
Just got two drug charges statutes 152.027.3 and 152.092(b) first time ever getting any charges very fearful of jail time and fines I have to go to court. I was cooperative and honest gave everything over is it possible to get probation or community service instead
@GustitisLaw
@GustitisLaw 4 года назад
Sure it's possible. It will depend upon the strength of the prosecutor's case, how juries in that jurisdiction punish similar cases, the judge's position on plea bargaining, and of course the skill of your criminal defense attorney. Good luck, Grace. Thanks for visiting.
@illuminate1111
@illuminate1111 4 года назад
I have a possession of CS case open since July 2018, I do have a defense lawyer on the case. I have not been indicted but I am wondering how could I see closure on this case, it’s been more than two years and I’m still out on bond. Please help Mr
@GustitisLaw
@GustitisLaw 4 года назад
It sounds like you are winning. Closure is rarely a luxury the accused person can enjoy when defending a criminal case.
@trinaboyers8995
@trinaboyers8995 3 года назад
I have a question about illegal search. If you are asked by the officer if they can search your car and you say no this isnt my car I cant let you do that and he in turn has the drug dog do a walk around and says the dog alerted on the vehicle and searches is that ok for him to do that
@GustitisLaw
@GustitisLaw 3 года назад
May be and maybe not. It depends how long it took the dog to get there. If the dog was in the cop car when they stopped you, then probably not if the cop has reasonable suspicion to extend the purpose of the stop. The longer it takes the dog to get there, the more chance the stop becomes unreasonable.
@jessicaatterberry2212
@jessicaatterberry2212 3 года назад
If the person being charged with possession was with another person who was the owner of those drugs and placed the drugs in the purse of the person being charged unknowingly to the accused and is willing to make a statement to the court that the drugs were theirs is it possible for the charge to be dismissed or turned over to the admitting person whose drugs they were?
@GustitisLaw
@GustitisLaw 3 года назад
Possession and ownership are two separate things. One can possess something that they do not own. In a case like this, knowledge is the key contested issue. If the prosecutor believes the person taking responsibility, then the person has a chance at dismissal. If not, then they must defend the case using the best theories possible.
@matilda232
@matilda232 Год назад
Hey man, i don't know if you'll see this, but I'm scared for my friend. she was charged with possession of marijuana and she lives in new mexico. (She's a minor) is there any possible way to drop these charges?
@GustitisLaw
@GustitisLaw Год назад
I don't know. Since I have zero access to the evidence in her case, I am not competent to provide any opinions. I'm sorry I cannot be more help.
@judyutah
@judyutah 5 месяцев назад
In March 2020 I was sitting in friend's parked car on upscale residential street in California. Being ill & nauseated, I took brief (20 min) nap behind wheel awaiting my friend to come back & join me in car...I was in driver's seat in case car needed moving from row of mailboxes. Neighbor called PD for a welfare check. Deputy Sheriff's tapping on window awoke me, I told him I was fine and he wanted my ID. I refused. He and another DS yanked me out of car (parked for over 30 min) and made do 2 sobriety walks (I was taking antibiotics & pain killers for extensive dental work at the time). which I passed but I'd told him I was unwell, needed a bathroom, had diarrhea. He didn't care & made me do 3rd test wherein, midway during test, I soiled my pants. Other officers (3 more cars) had arrived. From dash cam you hear one officer expressing disgust with me and ordered me to undress in public street (he didn't want to soil his patrol car.) I couldn't complete last test so they arrested & booked me. My, now, 3rd Pub def has messed up my case & now 4 years later still awaiting jury trial. Prior to arrest yet after they ordered me to strip down, officers searched the car (without my permission) seeing clothes in backseat (they grabbed for me to change in to) and found drugs & paraphernalia (not mine) and arrested & booked me for possession. I feel several of my Constitutional rights have been violated. Can you offer insight, comment, advice to me about this? Thank you.
@kimberlyfletcher9693
@kimberlyfletcher9693 4 года назад
My friend was asked to work as a informant to dismiss their possession charge. He did as told but was still charged after they made their bust. Can he get the charge dismissed?
@GustitisLaw
@GustitisLaw 4 года назад
Unless your friend signed a contract with the prosecutor setting forth everyone's mutual responsibilities in the deal, they may be in for a rough ride. The problem with working for police is they have no authority to dismiss charges. Only prosecutors can dismiss charges. And when deals are verbal, and not reduced to writing, the police have too much wiggle room when determining whether the terms were satisfied at all. So, I don't know if the charges will be dismissed. That's up to the prosecutor handling the case.
@antdogg3995
@antdogg3995 4 года назад
Hi my name is Joseph and I'm currently in a situation regarding a drug charge can u help direct me with someone (lawyer) of your knowledge & expertise in bexar county San Antonio tx? Thanks
@GustitisLaw
@GustitisLaw 4 года назад
Joseph: Thanks for the opportunity to help! I don't know any criminal lawyers in San Antonio personally. However, if you perform a Google search for "Board Certified Criminal Defense Attorneys San Antonio" you will get a good list of lawyers well qualified to help you. Remember to remain silent and speak only to your attorney about the facts of your case. Good luck, Joseph.
@daltonhersey1022
@daltonhersey1022 4 года назад
Say your in a care you have drugs in the glove box and the cop askes do you care if i search and you say “oh for sure” and then he finds the drug and you go to court but then you tell them what you said “oh for sure” which means you care so then whatever is in the vehicle is no longer yours , does that work?
@GustitisLaw
@GustitisLaw 4 года назад
That sounds pretty weak and flimsy. But talk to your defense attorney about it. That is the best approach.
@deloresfields8854
@deloresfields8854 2 года назад
Questions: What do you do about people already locked up for small pot possession ...if it is. Now legal in their state..???
@GustitisLaw
@GustitisLaw 2 года назад
It is the law in effect at the time of the offense unless the law is retroactive.
@tylenedepyper2821
@tylenedepyper2821 2 года назад
Are these videos for Michigan drug cases trials too?
@GustitisLaw
@GustitisLaw 2 года назад
I don’t know. You’ll need to read the criminal laws to be sure. Thanks.
@chrisgarcia5648
@chrisgarcia5648 4 года назад
I was driving my sister's car, i got pulled over. I gave them permission to search and even volunteered the dog to smell inside the car and after being arrested for a writ of attachment for child support. I found out they found a straw and a empty bag of cocaine under the driver seat they charged me with possession I had no knowledge the drug paraphernalia do I have a reasonable defense? Thank you for your response
@GustitisLaw
@GustitisLaw 4 года назад
If the jury believes you, you have a great defense. If they don't believe you, they will convict you. What does your criminal defense attorney think about the case?
@daniellazcano4667
@daniellazcano4667 Год назад
my father was in poss of 8 kilos of m3th that where not his, would the case go federal since it’s way over 400g (8000g) to be exact , it’s his first felony and has never been charged before what do you think would happen ?
@GustitisLaw
@GustitisLaw Год назад
I have no idea since I don't know the federal prosecutor's policy on charging offenses of this type.
@cindychandler20
@cindychandler20 Год назад
I'm studying Criminal Justice. We are asked if drug possession charges violate the Equal Protection Clause of the 14th Amendment. Probably too late for my paper but what do you think?
@GustitisLaw
@GustitisLaw Год назад
You are not telling me what conduct the law proscribes. Is the law treating people differently who are, otherwise, in the same circumstances?
@derekgood9789
@derekgood9789 9 месяцев назад
There was a pipe found of some kind in a subwoffer box that I had just bought used off of market place .I was charged with possession of paraphernalia..I'm sauvern so I'm challenging jurisdiction cause I am not subject to victimless crimes but the court keeps passing my charge around to different towns cause no one wants to deal with it .any ideas what I should do
@GustitisLaw
@GustitisLaw 9 месяцев назад
I have no ideas except to hire a qualified defense attorney to provide you with informed advice. Good luck.
@elliegoshinsky6802
@elliegoshinsky6802 2 года назад
Good morning Sir, I have a friend that is going through a drug charge right now. They had a search warrant when they went to his house. They busted through 2 or 3 doors ( totally unnecessary ) claimed they found some residents in a pipe and trying to charge him with possession of a controlled substance 1st degree . He wasn't even in the house when they busted in. Is there anything he can do to get it dropped? Any suggestions?
@elliegoshinsky6802
@elliegoshinsky6802 2 года назад
We are in the state of Kentucky the good ole commonwealth
@GustitisLaw
@GustitisLaw 2 года назад
I don't know if they can beat the case. That depends on many factors, none of which am I familiar. I wish I could be of more assistance. The most important task now is to hire a qualified criminal defense attorney to investigate the evidence and facts and then give your friend advice about how to defend themselves.
@Fuaadabdulla
@Fuaadabdulla 3 года назад
Hey I received the a misdemeanour first time offender citation, what can I do to get it removed
@GustitisLaw
@GustitisLaw 3 года назад
You can hire a defense attorney to determine what your options are. Unfortunately, I cannot give advice here on my Channel
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