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5th Amendment Pretrial Motions to Suppress Evidence of Criminal Confessions

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This video explains 5th Amendment pretrial motions to suppress evidence of criminal confessions and how they are used to defend criminal charges. Visit www.gustitisla... for additional details about pre-trial motions to suppress confessions and criminal defense lawyers in Bryan-College Station, TX. Follow us on Instagram: / sgustitis
This video examines when a pretrial motion to suppress can be used to suppress criminal confessions from trial based on a 5th Amendment violation.
Other Videos in this Series:
1. Introduction to Pretrial Motions in Criminal Defense Cases ( • Introduction to Pretri... )
2. 4th Amendment Pretrial Motions to Suppress Evidence in Criminal Cases ( • 4th Amendment Pretrial... )
3. How to Use Pretrial Motions for Discovery to Defend Criminal Charges ( • How to Use Pretrial Mo... )
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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 defense attorney Stephen Gustitis considers when pre-trial motions to suppress evidence can be used to suppress confessions from a criminal trial. The video discusses some common situations where a confession is illegally obtained. For example, a confession following an illegal detention, involuntary confessions, and confessions obtained in violation of Miranda rights. The video is #4 in our series on pretrial motions in criminal prosecutions and discusses criminal pre-trial proceedings. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to use pretrial motions to suppress confessions from criminal court. #pretrialmotions #gustitislaw #5thamendment #pretrialproceedings

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16 авг 2024

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Комментарии : 166

@tealacampbell6588 5 месяцев назад

I was doing a clean up job, after work my partner called and picked up . He said he got a car stuck on the side of the road in the sand and needed help. The vehicle was on the same street as the job. I got there the car was running and I steered while he towed it off the berm. Then he took off. I followed him in the vehicle, when we passed the road that all the other cars had been taken to, i started looking around the vehicle for clues as to where we were going. I found a purse and id. I pulled over and got out and started walking. I put the id in the blue box at the post office the next day. A few days later I heard on the radio that person on the id was a missing person. On my way to work I saw her parents looking for her. I stopped and told them what happened they told the detective, they called me I met them and told them what I did. Now I am being charged with joyriding

@tealacampbell6588 5 месяцев назад

How can I surpress that statement

@djrickstartv 4 года назад

Thanks for taking the time to make this videos,

@GustitisLaw 4 года назад

Of course, Thank you for watching!

@pauljalieba302 2 года назад

Great video

@GustitisLaw 2 года назад

Thanks for the visit!

@lindt330 Год назад

I need to know how to say and file a motion to suppress by 14th ammendment. I was seized from my Calderone. Without exigent circumstances

@GustitisLaw Год назад

You'll need to hire a lawyer for that. I cannot give legal advice on RU-vid, regretfully.

@lushswiat-powell8508 5 лет назад

i have many questions.... but not about criminal trial filings. Subject matter: 4th amendment rights on residences or rented residences. you mentioned the threatening of children to coerce cooperation or confession you did get my sub though, good educational videos and your voice is lovely and clear.

@GustitisLaw 5 лет назад

Thank you for watching! Do you have a specific question about your 4th Amendment rights in your home or rented space? I'd be happy to answer if I can.

@lushswiat-powell8508 5 лет назад

Gustitis Law indeed. so i rented a house and about 8 days later, 11 armed officers pounded on my entry door until i appeared. i opened my inside door to the porch room. the Marshall on my door step started demanding i open my door, yelling at his fellows "that's her that's her get ready" i asked for a warrant. they laughed and said they didn't need one because they could see me and i had an arrest warrant. started putting a picture of someone I've never seen on the door with a very different name than mine. i told then i had i.d. and turned to go retrieve it, then they all started screaming at me to stay still and what not as 3 of them drew their firearms. they started telling me off i went into the house they were coming in after me. and calling dcs for the kids, and did i want my kids to see me shot and to open the door......i kept asking for a warrant and getting made fun of telling me "oh your one of those huh? screaming about your rights" "oh she thinks she's smart, we are going to get in there and take you down" they had me in full panic attack and tears. unfortantly i folded and opened my door. afterward i discovered they only had an arrest warrant from a tip off of a government app for assistance. my questions: can i do anything about it now? it's been....4 weeks or so how can i hold myself up better in the future if it happens again? could they really have shot me for going inside? my kids are terrified out police now, when I've been teaching them to find an officer if we are ever seperated.

@GustitisLaw 5 лет назад

Depending upon the state you live in, police can generally enter someone's home to arrest them if they have a felony warrant for their arrest. There are a few exceptions to the 4th Amendment search warrant requirement, and that is one of them. Moreover, if the police did not seize any evidence inside your home, following their entry, the court would consider that entry a harmless error, if any. If the police say they have a warrant for your arrest, it is simply better to surrender yourself, but remain silent. I'm glad they did not hurt you.

@lushswiat-powell8508 5 лет назад

Gustitis Law well they were not after me. at all. they threatened me for about 40 minuets before i folded. i was told after that an arrest warrant isn't the same as a search warrant. they wouldn't even let me produce i.d. to try to show i wasn't their person. i was threatened with lethal intimidation and family separation and trama until i opened the door. my children were pulled out of my stairway crying while they searched my house without a warrant after the intimidation and threats wore me down. is that not a crime of some sort? if not.... how is this legal? I'm at a loss of understanding of the 4th i guess. which i used to think was very plain language. ..."the right to be secure in my home..." any idea on how to secure my home against this? Ohio by the way

@GustitisLaw 5 лет назад

I would locate a qualified criminal defense attorney in your community to advise you. I think that is your best course at this time.

@eastside0434 11 месяцев назад

I was taken to the police station for questioning by two detectives, along the way they pulled the car over on the side of the road and the detective in the passenger seat looks at me in the back seat and told me when they get to the police station I better confess to any question they ask me about stolen property and I better tell them that I was the one who committed the crimes they believe I did and they told me what they wanted me to confess too,if I didnt confess then they knew where to find me and they could put me away for a long time or I might be never seen again. I was never read any rights before questioning and I was in fear of my life and my safety, I told them everything they asked and told them what they wanted me to say and they took me to jail and I was charged and convicted. This was 40 yrs ago.

@GustitisLaw 11 месяцев назад

That's a long time ago. I'm sorry I cannot do anything to help you in this situation.

@eastside0434 11 месяцев назад

@@GustitisLaw I know nobody can help me,it will haunt me the rest of my life.

@dom4039 2 года назад

My case is in college station .. I appreciate your videos very much

@GustitisLaw 2 года назад

Of course! Please let me know if we can help.

@user-ic9fr6lp5u 6 месяцев назад

You were very helpful God bless you 🙏🏾

@cameronmohebbi8825 10 месяцев назад

God bless you Miriam 🙏 I took over my criminal case myself I was wrongly accussed and they courts trafficked my daughter

@GustitisLaw 9 месяцев назад

I wish you the best. This must be hard on you and your family.

@jeffmarris8428 4 года назад

Thanks for this video it's really helpful... My question to this is how can a person prove that the confession which was obtain by the police was not given by him/her but was forced to sign it?

@GustitisLaw 3 года назад

That evidence must be presented to the judge in a suppression hearing. The judge will decide what to believe and whether the confession was given freely and voluntarily. Make sure you discuss these important questions with your criminal defense attorney.

@jeffmarris8428 3 года назад

@@GustitisLaw they did explain this in a voir dire but had to stop the voir dire because the lawyer at the time was working with the prosecutor and the police... In this particular case the only evidence they have is the false confession nothing else.

@LifeinWV Год назад

I’m in same boat no evidence whatsoever other than seen my car on a camera pass early then a few hr went by and I was driving to my cousin and seen smoke being a former firefighter I was trained to do what I thought was the right thing to stop a small fire in a ditch burning leaves I made a break line so fire couldn’t pass there the wind picked up as a small storm rolled in and blew embers all over to where I had to drive up the road to get cell signal to call it it and I also called one of the firefighters I use to work with knowing they was short handed and tried giving him a update. A year prior I was called and ask by the same guy I told was a small brush fire that had potential to be worse than a tenth of an acre. He called me the year prior said he had no help was I home and if I was could I come help him hook to hydrant and get it knocked down. I’d love to be able to contact your office and talk to you I’m in a small town I’m looking at 5 felony counts arson or they only thing they did was stack charges it was one fire not 5 so my attorney asked the da if she would be willing to do a plea to 1 count it’s been a year I’m waiting sentencing but the more I have found out my lawyer will never answer phone he will not email me back I asked for copies of all the discovery he only sent me the fire report that will lead to slander defamation case as soon as sheriff came to the fire the forest ranger and the fire chief that always said I was like a sim to him come to find out after i resigned my spot and hung my firefighter captain and EMT expire the first thing mentioned was I was the one that called it in and the report said from the ranger writing it I was a suspect in 2009 for burning 50 acres. On certain dates he listed and I was out of state working on the railroad so that be slander and defamation and after learning that they thought I did something all I have ever done. I loved to help people that was what I did most of my life until I couldn’t keep up with the laws to keep my training up I was always working. I’d been asked to come back out join several times but it’s been several years and I just can’t anymore my health is awful so I can not carry all the gear or breath in chemicals I’m on ssdi I am home everyday almost 24/7 unless it’s to get or take my daughter to Dr or me or her school stuff Iv been a single father her mother is no longer around and has nothing to do with our child she never paid 1 cent in child support owes 28,000 so far and they say can’t find her. Yes they can she worked circuit court office for 20 years here where this is going on.

@minniepenny7793 2 года назад

A detective from one County had me physically detained stating I had a warrant in another county so I was picked up from court. My atty nor the Prosecutor saw a warrant so they asked her why I was being arrested? The detective lied to them BOTH and THE JUDGE. She said a few disturbing things to me and I closed my eyes until I reached the next County. I didn't have the option of getting an attorney before I made it to the next County 45 minutes over. She didn't have evidence to prove it was me, other people went to witnesses before she got to me, the person was told he was being dishonest in my discovery, and THE JUDGE DENIED her a warrant because of conflicting evidence.. I'm on Atty #2 and no motions are filed. I already let her know that I know the discovery is different from the criminal complaint. How should I proceed?

@GustitisLaw 2 года назад

I don’t know. I cannot advise you how to proceed without reviewing all the facts and evidence in the case. You must ask your attorney how you should proceed from here.

@carlaraimer718 7 месяцев назад

Thank you

@GustitisLaw 7 месяцев назад

Of course.

@WaverlyWizardx 4 года назад

What if it’s a DV case and the cop talking to me tells me just to separate from my sibling and ignore her in the future (I assumed it was not going to lead to an arrest and was a dumb cat fight), but the cop talking to my sister decides to arrest me ? I also like to add that the same cop talking to me asked a question and I incriminated myself but he still didn’t want to arrest because he just said to separate ourselves .Does that violate miranda rights since I was told a bunch of questions by the one cop who didn’t arrest me. But was arrested by the other cop talking to my sibling . I think the officer compliant is the one who told me just to ignore my sibling now

@GustitisLaw 4 года назад

Miranda only applies after you are in police custody. Before custody, the police are not required to read Miranda rights. Your defense attorney will determine whether there is a custody argument or not. Good luck.

@danyelledavis9190 11 месяцев назад

If the arresting officer is part of a “TASC force,” do they still need reasonable cause to pull you over? What if when you asked why you were pulled over and then the officer lied and said you made a “wide right turn” while laughing among other officers? There were NO right turns made at all. Would that be grounds for dismissal?

@GustitisLaw 11 месяцев назад

Please discuss this question with your defense attorney. They are in the best position to answer it. Thanks.

@aprilkelly5479 6 месяцев назад

was a passenger in a vehicle she was pulled over was found with paraphernalia and a controlled substance she was arrested I was let go she had me subpoenaed on her behalf to say that it was mine I pleaded the Fifth Amendment now she's had me subpoenaed a second time what can I do

@user-hw4tp5pg3z 11 месяцев назад

My gave a statement when he was in handcuffs he was the primary suspect he asked to speak to the officer and gave a incriminating statement spontaneously

@GustitisLaw 10 месяцев назад

Silence is the best weapon we have to protect ourselves from the government.

@kimberlymahovsky1827 Год назад

My boyfriends attorney told me I do not have authority to file motion to suppress evidence. He is refusing to file this motion. HELP!!

@GustitisLaw Год назад

The lawyer is correct. The lawyer decides how to defend a case and what motions to file.

@wallygator7508 14 дней назад

What if your statement was made while under the influence of drugs and alcohol

@paulgarduno2867 Год назад

The police officer said; the defendant said; "the alleged victim DIDN'T move against me , he only threaded me verbally". And I defended me by shooting him. However the physical evidence found , favors the defendant.? What is the probability of a favorable verdict.??

@GustitisLaw Год назад

I have no idea. I need to investigate the entire case, all reports, all videos, all statements, all lab reports, etc.

@shellyxx14 2 года назад

If someone signed their Miranda rights away due to being told that if they didn't they would possibly see jail time, can this be used to throw a confession out? They signed their rights away because the detective said if they answered a few questions they would be able to go home but if they didn't, they'd take them in. He was terrified and wanted to go home so he did so. Trying to figure everything out for my husband and wondering if we can use this...

@GustitisLaw 2 года назад

This is possibly an involuntary waiver. These facts MUST be discussed with the defense attorney.

@paulmendoza1674 Год назад

My question is why is it so hard to get adequate help or even get in contact with your lawyer it's shouldn't be this hard to get help to fight a wrongful arrest and falsely charged and the evidence to prove this is all in the discovery that also has a lot of false statements it's a serious mishandling of evidence what can I do myself since I haven't been able to get a hold of my lawyer

@GustitisLaw Год назад

Call your lawyer every day until you get an answer. You are the boss in this relationship. Start to act like one. Good luck.

@kuhlgi 4 года назад

LOVE your videos...here's a question; I am trying to defend a refugee who is falsely accused by their employer of theft, and called the police...the police read her rights (which she did not understand although she agreed verbally) and then questioned her; but because of the language barrier, she answered thinking she was answering this question; "what is your employer accusing you of?" and so her whole statement in broken English sounded like a confession of guilt, but she was replying to the questions she thought they were asking. Is there a motion to suppress a "confession" because of someone not having an interpreter present who does not understand or speak English very well, who sounds like she is admitting guilt, but is really not? and if so, what is that motion called?

@GustitisLaw 4 года назад

Thanks for watching and for your good question. I think the real benefit of the language barrier is being able to explain-away the "confession." With that said, you might try suppressing the statement based on a lack of intelligent and knowing waiver of rights (language barrier issue), since the client may not have know what their rights were, consequently, how could they intelligently waive them? The prosecutor has the burden of proof in such a suppression hearing. You might need to present evidence on your client's lack of education, language training, etc. to support the record if you lose the hearing. That would give you a good appeal issue, if you need one. Good luck!

@dentonator405 Год назад

i got pulled over for not using my left turn signal supposedly by the cop he pulls me over and i notify him of what happened bc he wanted me to get out immediately so then he changes his story and says something else about probable cause and therefore illegaly detained me and asks me if i have a firearm to which i said yes but i was adjudicated of a firearm as a juvenile so i got that charge now im in the pretrial stage looking to switch laywers or even represent myself also i got a new DA idk why but i need advice real advice anyways

@GustitisLaw Год назад

The only way to get "real advice" is to hire a lawyer to investigate all the facts, circumstances, and law related to your case. Then the defense lawyer can provide competent opinions to help you decide on how to resolve your case. Good luck.

@allensisk155 3 года назад

Hey gastada I have been convicted of a assault on a female charge misdemeanor but in court I asked the judge that I needed more time I needed to continuance to pay my lawyer's fee a A1. He denied that and begin to proceed because he was mad at the fact that I told him I had a lawyer but I hadn't paid him all the way yet. But my money didn't go in the bank that day I went to court like I thought it was going to it happened to go in the bank that Monday after I had court on that Friday. But he did nod me in court the right to have a counsel in North Carolina against my wife who falsely accused me of a crime that I didn't commit she called the police and then left before police got there and took out a 50 b cuz I told her I was going to take a 50b out because she hit me in the face and busted my eye with the rings on her hand. The police didn't lock me up because I went to the Majesty's office she left when I left but beat me there because I told her I was going to take out papers but she beat me to the punch. So the fact is they got me on that I play guilty and I never played a guilty at all I was asking for a continuance so I can get a lawyer and I had a witness that was there that I had to get to come to court with me but they did not it

@GustitisLaw 3 года назад

Please pay your attorney in full as fast as possible. Thanks for your visit.

@allensisk155 3 года назад

Well that's the thing she has that attorney now since I got convicted she went and got him after I got convicted

@O.G.KNOWLEDGE-RPG 3 года назад

Great video. My 17 year old nephew is mentally challenged. He was arrested for carjacking. By him being a minor aren't the police supposed to contact his parents or guardians before questioning him? He waved his right but didn't understand what he was doing when he did that.

@GustitisLaw 3 года назад

In many states, before questioning, rights must be read by a neutral judge, not the police. The parents don’t have to be notified in that situation.

@nw9225 2 года назад

I'm a social worker with a client is not being treated fairly

@GustitisLaw 2 года назад

By whom?

@chianmoua2343 5 лет назад

so i got charge with a gun charge in the most wrongful way and on the day for my motion to suppress court date , my arrest footage was less then 10min long and the cops alrdy tooken me to the police station and i was pretty sure after viewing my arrest footage in could get motion granted cause of the things and shit the cops said to me and how everything went down so fast....but as the video played, after 1 min and 30 sec..... the officer that arrested me muted his audio on his worn bodycam and tells the judge that it was for privacy conversation with the other officer that arrive after the cop alrdy pull me out my vehicle and had me cuff sitting in his patrol vehicle alrdy..... i was so piss when the officer being question in court gave me a smirk like he had everything under control..... but im still hoping the dashcam capture what was said on the scene to help my case out.... what do you think about it?

@GustitisLaw 5 лет назад

In my experience, the police mute the audio almost 100% of the time when speaking with another cop. It is underhanded and sneaky. The times I've caught the officer NOT muting the audio, they have said something that discredits them and helps my client. But I agree with you that the officer in your case was very unprofessional in court. Regretfully, that type of behavior does not always help. Thanks for watching and thanks for your comment.

@chianmoua2343 5 лет назад

@@GustitisLaw but what i seen so far after watching these cops bodyworn cam footage on youtube... There's always that one camera that happens to catch the most important part of most cases that the officer forgot about ,..... Correct'? like the dashcam would really help me in my case here since the cop muted the audio on his worn bodycam.....

@GustitisLaw 5 лет назад

What does your lawyer think about the case?

@GustitisLaw 5 лет назад

Thank you for visiting my channel and offering a thoughtful comment. Lawyers make decisions every day about how and when they share their knowledge, whether compensated or not. For instance, many offer free consultations to prospective clients to share their knowledge in exchange for the opportunity to engage a potential new client. Others do not offer anything for free. Here on RU-vid, the relationship I have with my viewers is mutually beneficial. I can give them insight into the system in exchange for them engaging with my channel. My channel prospers and they gain some knowledge in return. Thanks again for stopping by!

@popo_53 4 года назад

@NotoriousProfessorChaos #99669966 you are 100% correct. There is no justice in todays justice system. It's nothing more than a mob style criminal enterprise. They extort money out of good people the same way the mob did. "Pay us, or else." It's a big money business full of constant Civil Rights violations. The biggest criminals running the streets today are the cops that are supposed to be "serving and protecting" us. In this day in age, you're just another sheep on the tax farm brother. Actual justice is a thing of the past.

@shonjonsin3600 4 года назад

He rarely blinks

@GustitisLaw 4 года назад

And the point is?

@user-hw4tp5pg3z 11 месяцев назад

I gave a incriminating statement with out being Miranda rights I was in handcuffs I was the prim suspected then I ask to speak to someone I was told to hold on and then I was approached I asked why are the after me because I'm a felon in possession of a fire arm and shot some one they are using that as a spontaneous statement and the are trying to link that to a shell casing and my prints was not on them and no victim.

@GustitisLaw 10 месяцев назад

These facts should be discussed with your criminal defense attorney.

@brookegardner1675 2 года назад

I have a question... My son and his gf were in town just leaving Applebee's when her ex showed up. There was an argument n the police were called. The ex left, when the cop showed up my son was highly upset so the coo put him in handcuffs n searched him. He had his bottle of medication (Suboxone) in his pocket along without a baggie of 6. The baggie of 6 was for the hotel stay for the weekend. He was going to bring his bottle home n put into the safe. He was arrested and charged with level 2 Dealing. The officer said that when my son was in handcuffs n on his knees, highly emotional, crying, not understanding what was going on he said that he sold his medicine to support his family. Now mind you. 1. He did not financially need to do that he was recieving$750 a wk in unemployment. 2. Had $400 on him (they took) 3. Had been drinking at dinner and was intoxicated. Now unfortunately he has a public defender that is about as worthless as they come. And after sitting in county for 1 yr has said that the only offer he can get is -plea to level 4, 6yrs- This is his 1st criminal charge, he has NO criminal HISTORY. His family (we) have been absolutely stunned as to the way he has been charged. **Any advice??** Sincerely, Lost Mom (Indiana)

@GustitisLaw 2 года назад

I cannot give legal advice on the Internet. First, I have no access to the law and evidence applicable to the case. Without access to those materials, I cannot express a competent opinion about any matter. Secondly, since you are not my client I cannot give advice either. I wish things could be different. But that is the reality of our situation.

@deeznutz6002 3 года назад

And what can i do if my appointed attorney scares me into taking a plea i told him repeatedly i didnt want to take because the paraphernalia found was not mine?

@GustitisLaw 3 года назад

If your plea was involuntary, you could possibly reverse the case using a writ of habeas corpus.

@_soupnazi 2 года назад

Suppose a person was pulled over for a traffic violation, which was valid, but turned into suspicion of DWI. This person passed two SFST by two officers and no evidence was found to support their suspicions. This person was eventually arrested, but due to a lack of evidence the arrest was for an obstructed license plate. While being booked into jail, the jailer claimed that this person admitted to ingesting a drug, the arresting officer used this statement to obtain a blood warrant, and after it was granted the accused was read their Miranda rights and a blood sample was taken. Wouldn't this violate Texas penal code 38.22 since the Miranda rights were given after the alleged confession? There's no audio or video of a confession, only a signed statement from the jailer. This person unfortunately will be going to trial even if the evidence is suppressed because this county has a policy to pursue every DWI case, even ones they are not likely to win. Thank you for any insights that you may have to offer. These situations can have dramatic and lasting impacts on people's lives, so thank you for your contribution by posting informative videos such as this one.

@GustitisLaw 2 года назад

I appreciate your visit and your comment on this thread. The comments and questions are often more important than the video itself. Thanks again.

@KILeoG Год назад

Hey I have a question, Police recently raided my Home For Guns & Drugs with a sealed search warrant They didn’t find anything. But they took me and my girlfriend cell phone, They “Said” they have a search and seizure warrant for our phones but didn’t present one when they searched my house, will the evidence from the phones be able to be suppressed?

@GustitisLaw Год назад

I have no idea. If the police had probable cause to believe there was evidence on the phones, it might well be admissible. But with a thorough and independent investigation I can only speculate.

@jodyrudd5564 4 года назад

I was arrested for possion under gram was not my car and the driver wrote a statement saying I did not put nor was it mine bags that the drugs were found in .I was only one who got arrested

@GustitisLaw 3 года назад

Please share these important facts with your criminal defense attorney. They will review the evidence and advise you how to defend these charges. Please remain SILENT and speak ONLY to your attorney about the case.

@rayrichardson7664 3 года назад

What can you do in a felony case having a disability and told by doctor can’t stand for my own defense An pled guilty but not sure what’s going on. Is there anything or what should I do at sentencing? Even if their wrong about me on the charges?

@GustitisLaw 3 года назад

What does your defense attorney say? That's the person who is qualified to answer your questions. I simply don't know enough about the evidence to state an informed opinion.

@jezzett3037 4 года назад

I love your page ❤️.its so intuitive 🧠 .!!!! But I have a friend who was stopped by the police because he didn’t completely stop at a stop sign Nd they officer said he smelled marijuana so he gave him what he had and was taken out of his car and had his car searched without his consent and was never told his right only was asked if he knew them while in back of the police car by another officer after they cuffed him and put him in the back of the car does this count ?

@GustitisLaw 4 года назад

The police can search a car without consent as long as they can articulate probable cause, which it sounds like they can. I really appreciate your visit and your comment. Thank you!

@mystery2917 2 года назад

If a person is under the influence of alcohol and is not in their right mind, can their confession be suppressed? I was told a person can't sign off their maranda right when under the influence. So they have to have time to sober up?

@GustitisLaw 2 года назад

Whether a person is intoxicated is not the proper inquiry. The important issue is whether the prosecutor can prove the waiver of rights was knowingly and intelligently made.

@carlosberumen2083 4 года назад

Great !!!!

@GustitisLaw 4 года назад

Thanks for watching and for commenting!

@jeremyrain1962 3 года назад

Does the defendant get to go to the suppression hearing,assuming they are currently free on bond?

@GustitisLaw 3 года назад

Yes they can, whether they are on bond or incarcerated.

@deeznutz6002 3 года назад

What if you were arrested for a warrant and you are taken to the police station and before they start booking you in you inform them that you ate something you dont know what it was but you dont feel good and you think you need medical attention and they just repeatedly continue to ask what you ate and you finally tell them you think it might have been meth so they will stop harrassing you and call for medical help then you whined up over dosing shortly after and almost die. Would it be a confession under duress or a forced confession? And can they charge you with possession and tampering with evedince?

@GustitisLaw 3 года назад

Without access to all the evidence in this case, I am not qualified to express an opinion. Your defense lawyer is in the best position to answer these questions since they have access to the evidence, the warrant, the police reports, etc. Please remain silent and speak only to your attorney about the case.

@Markdaamannn 4 года назад

Hello I have a question. I was arrested 11 months ago and Interrogated and I don’t recall if they ever read the Miranda rights I was so scared and I’m confused and lost I don’t even recall how can I find out ? Before I even go to a pre trial ?

@GustitisLaw 4 года назад

You'll need to obtain the discovery (evidence, reports, videos, etc.) to answer your questions. I expect your defense attorney will do this for you. Sometimes a pre-trial court order is required before the prosecutor releases discovery to the defense.

@williamdonini8516 2 года назад

Question: When you said the law has to ask you to wave your wrights so that they can question you does that mean when they read u your rights u have to say you understand what they said in order to waive your rights

@GustitisLaw 2 года назад

They must prove you intelligently and knowingly waived your rights. Was that your question??

@williamdonini8516 2 года назад

Yes I appreciate you, thanks

@rwilson7238 3 года назад

My friend and I were stopped for riding on the white line. I was driving. My friend has been in trouble before and the cop was after him the whole time. They searched my car without my permission. My friend said if anything illegal was in car it was his. They did find something and took him to jail. Although he admitted it was his the stop was bogus do u think it could be possible to suppress his confession?

@GustitisLaw 3 года назад

That’s what the defense lawyer is for. They will review all the evidence to determine whether the suppression motion would have merit. I hope this turns out for the best.

@LifeinWV Год назад

This is the internet so I can’t say much. If you are question by the cops and the cop read rights recording the conversation but would turn it off and say if you don’t tell me you did this I have a warrant on your phone and was told of there is anything on my phone he would charge me with everything that might be found on my phone. Then turn the recorder on again and I still said look I didn’t do it then he gets made turn off tape and said your kid will go to child protective services or would find whatever he could to make more charges against me.

@GustitisLaw Год назад

If he has a warrant for your phone, he will get into your phone whether you confess or not. In that case, what do YOU think you should do?

@LifeinWV Год назад

@@GustitisLaw I have nothing in the phone to hide but he wanted meta data I have literally have nothing against law he was saying if I wouldn’t say I did it he would find what ever he could find to bring charges if there was anything on there. He got warrant for it and clothes the report said no accelerant was found and I asked the lawyer they gave me where my shirt shoes and shorts was he said there not using that and got mad because I asked about my clothes of corse they was nothing on my clothes I’m serious innocent. If I take a plea they drop 4 charges and only one count if I take that I’m held over a barrel I couldn’t get fair trial here my ex wife worked yes for this court before she moved and left daughter with me never paid child support she is hiding. The only thing I’m guilty of is calling it in and trying to move leaves far back to keep it from keep burning in the ditch. I asked even tho I’m no longer in fire service Iv had many classes and spent many hours fighting big wildland fires this was a small fire I drove up on town with 2 attorneys same judge martried me and x wife I think he is a good judge and I believe in the courts but I’m truly getting railroaded into being forced to a plea or instead of a 1-5 I would be looking at 1-5 times five counts if go to jury trial. Only time Iv ever been on that side Iv had been infront of him on a murder case I worked when was emt and when married us that’s been 15 years ago. It’s small county and I would think he shouldn’t be driving sheriff truck to pig roast and leave drinking but no one is over him.

@LifeinWV Год назад

@@GustitisLaw I need to fight it but how do you fight when I asked to get it moved to another county I’d still have same judge and likely same jury. The 2 counties are small so he is over both counties and I need a lawyer that would fight. So I feel like I will get in trouble either way if I take plea that’s the same as lying that’s small town WV for ya. Thank you for replying back. All I can do is leave it up to the judge and my God. Iv seen to many times rotten fruit will fall on its own.

@GustitisLaw Год назад

@@LifeinWV You need to talk with your attorney about these issues. They are in the best possible position to give you competent advise. I am not since I know nothing of the facts, nor have I independently investigated the case. I you don't like your present attorney, then you'll need to hire another. If you cannot afford another, you are stuck with your currently defense lawyer. I'm sorry this is so difficult.

@LifeinWV Год назад

@@GustitisLaw thank you and your right I’m stuck it is what it is I shouldn’t have to prove I’m innocent but it that way here. When this is all over with I would love to share everything with you when you ever may have time to look at everything. I’d welcome you to use this as how easy it is to mess up. I’m leaving it up to my Lord he’s the main judge. I definitely have a defamation/slander case against 3 people that I have shown attorney that is wanting that case. I would gladly hire you to review everything when it’s over and maybe some how turn it into a video point out hey you don’t do this no matter what threats are made I can not believe you answer people on here when I can call all day trying to get in touch with my attorney representing me until I say let me try to use my sisters phone sure as my name wasn’t showing up on caller ID they answered. Iv been watching you for awhile now and was so impressed with your content your one of the good ones. Who ever hires you is blessed I know you are full of knowledge thank you for all you do I know it isn’t easy doing cases and videos all the time.

@jodyrudd5564 4 года назад

My lawyer says the prosecution won't give us discovery don't they have to by law?

@GustitisLaw 3 года назад

In Texas? Yes, they do.

@robertcelis9829 4 года назад

Can a confessing be suppressed if it was given under duress... Example the accused was in a mentality vulnerable mind frame and police threaten that accused was going to jail. And they then state unless you give your side of the story. At conclusion of interrogation they tell accused that her actions were understandable and were going to charge her with a lesser crime but then D.A ends up charging with crime police stated she would be charged with and 2 more charges on top of that initial charge? (I hope that makes sense)

@GustitisLaw 4 года назад

Duress is a ground upon which a confession can be suppressed as "involuntary." However, what we think duress is and what the court's think duress is can be two different things. Speak with the defense lawyer about litigating a motion to suppress, since they will have access to the recording and other facts and circumstances surrounding the confession. Thanks for such a good question.

@tammyestes2664 Год назад

What if your already pulled over to shoulder of road cause you heard sirens but waited about 20 minutes but there still wasnt any emergency b vehicle in sight during that time frame and police then pulls up behind you makes false statements towards his probabe cause which you couldnt of did because of even officers statements later in discovery and complaint didnt receive till 3-4 months later. ? Charged with dui/drug charge in meantime same day he pulls behjnd yah the field sobriety tests then taken to p I ice station for more sobriety field tests their then blood drawn without miranda rights read which came later at the station before an ad per se than not cited or anything till a few months later and so forth ??

@tammyestes2664 Год назад

The questions I had earlier DUI/Drug charge is relating to what I say pertaining to this Is unlawful imprisonment , or and kidnapping, humiliated, stress, mentally stressed and etc. Fear of police now including obeying the law when sirens come on but never saw

@tammyestes2664 Год назад

Hired an attorney hich by the way was getting paid , accepting payments that were sent Wel they did nothing acvording to Law I requested or it never should be going this faror lead to a pretrial or trial then attorney withdrawed to judge which they wasnt working for free plus did nothing at all didnt for free which wasnt true. Cant get no one to fight or investigate , but I had no time even to build a defense due process according to Law . And such. This is scary that tells us citizens in the community police can pull behind you come up to you and basically make false accusations, do what they want and get away with whatever is trumped up by them and such and their web cam is only turned on when they wam to but not turned on when they allellegelly doing a traffic stop. Wow please dont protect n serve in community of any. This kind of unlawful and conduct by police and judgementby them, .Just cause there in uniform and a badge etc. Does not make alot of those Honest and the oath their sworn into forvduty of protect & serve is bulchit they do Not abide by the Law up to date nor know what the Laws are . Laws are changing and updated all the time.God Help Us in this corrupt County n State .yall should be punished like anyone else and are in the wrong profession plus idiots over power thatvAuthority. NOT everyone is Guilty to staet with. You idiots.

@tammyestes2664 Год назад

Yall sthise should Not be in patrol car at all especially those that are Not qualified , Certified for traffic , or dui/drug Stops so called probable cause alleged bullchit you know it !!!

@tammyestes2664 Год назад

Dont be stupid and have common sense with brain God gave yah. Shame on yah,s Cant tell da truth or admit yah made a mistake and move forward Can or will yah be honest to yourself at least. innocent citizens doesnt have a chance with liars that we were some of us was taufght from knee high to trust and look up to and respect. "Huh That a be the day "

@GustitisLaw Год назад

I have no idea what you should do. Since I have not completed a thorough and independant investigation of the facts in your case, I am not competent to express any opinions about it. Please hire a qualified defense attorney immediately. Good luck.

@liljj1427 2 года назад

I was placed in a holding sell and shouted out loud that I'm not speaking without an attorney, and was still placed in the interrogation room and ultimately ended up confessing under duress and signing over consent to search my phone can any of this be suppressed by my lawyer? Can additional charges than the ones I already been charged with be added at arraignment or after?

@GustitisLaw 2 года назад

I do not know. Only your attorney, who has access to the evidence and law applicable to the case, can help you answer that question. Good luck.

@diinisaalah5406 2 года назад

Hello 👋 i love your advice and videos My question is, police called me to give him report about me and my passenger and I gave the right report then the police disagrees with me, yells at me and tells me I have to come and see him now!!! Otherwise I’m a theft !! The Police confessed me and I got nerves scared and I had to go to the police station and say something that won’t help my case and hurt myself us a suspect out of fear 😰 What do you think about that ? And do you think that can suppress the evidence of confession or could possibly thrown out ? That confession? Because I’m the victim in this case and my passenger flipt on me now I’m not taking plea. deal and I’m going to trial if they don’t drop or dismiss because I’m the victim in this case!! It hurts what they doing to me is really bad very bad😰 Thanks 🙏 sir

@GustitisLaw 2 года назад

Remain silent and hire a qualified criminal defense lawyer immediately. Answer no questions.

@jeneahill3592 3 года назад

Question. If someone is placed in a holding cell with a undercover and they video taped him talking to the person about his case.is that something that can be suppressed from trail? When he was questioned he asked for a lawyer but they had already got him on tape...I feel like that was unfair

@GustitisLaw 3 года назад

The police are trained to get statements from people that will hold-up in court. Nevertheless, please talk to his defense attorney about ways to challenge the statement.

@jeneahill3592 3 года назад

Thank u 🙏🏻

@Elvisdrunk 2 года назад

Does a person who has 2 strikes and now being accussed of 3rd have a right to suppress confession if he yelled out i did not hit that man and put his arms up just as he saw police pulling up in motorcycle

@GustitisLaw 2 года назад

Your defense lawyer will investigate the facts of this claim and give you advice about how to proceed.

@dannygeneral7716 Год назад

Can a 2nd Dwight be held against you because of a previous one even though I cooperated with the officer completely and also passing the field test urine test breathalyzer test with a result of 0.014 but not giving a blood test due to accident u didn't cause and the other driver admitted to it?

@GustitisLaw Год назад

Yes. The prosecutor can use any relevant evidence (decided by the judge) to determine guilt, innocence, or punishment.

@alexwestrup5496 5 лет назад

Will pre trial affect my immigration status for a controlled substance of a thc pen? Could i get deported from that? How could I approach this?

@GustitisLaw 5 лет назад

Alex: You need both a criminal defense attorney AND an immigration attorney. The immigration attorney can explain in detail how these charges will affect you and at what stages of the case it may occur. Thanks for your question and good luck!

@viperviper5 4 года назад

Got a question for you. I was called by the police to meet with them because I was suspected of a crime. I met with them but soon found out this was an interrogation. I was just trying to assist them with their investigation and prove my innocence but I found out later they were trying to get me to admit to something I did not do. They never told I had a right to bring in a attorney or read me my Miranda rights. I have my first court date tomorrow and I have an attorney. Shouldn’t my attorney have informed me about this. Is there a possibility that the case against me can be dismissed base on this. Please advise

@GustitisLaw 4 года назад

If you went to the police station of your own free will, and were not in police custody, the police were not required to read Miranda Rights. Everything you said to the police can probably be used against you in court. And remember, lying to the police is just as good as a confession to the police. Make sure your attorney knows about all these facts and circumstances. Good luck.

@viperviper5 4 года назад

Gustitis Law trust me I told no lies just stated the facts. It was dumb on my part to do this because I should have had my attorney with me lessons learned I guess. Anyway the the pics they show ed me did not prove anything at all and then they tried to get me to admit guilt to the crime. I will keep you updated. Thanks again

@GustitisLaw 4 года назад

You are welcomed! Thanks for your input and for watching.

@LifeinWV Год назад

@@viperviper5 I was done same way and before I knew it it was turned on me boy am I in a mess there’s is no proff at all but because the way I worded one thing that’s what they are trying to say I made confession ummm that is not what happened good luck was looking at 5 counts it was dropped to 1 if I plea so chancing 5-25 hrs I had no choice but to take the 1 even scenting be on 12th I’m praying and hope the judge goes not to harsh never had any on record till now or soon unless some how the judge could say I see right through this BS and throw it out but I don’t know if they can do that

@dericdinh9926 3 года назад

what happen if the witness waived his miranda right? you can't suppress the evidence?

@GustitisLaw 3 года назад

If the the waiver was not voluntary, knowingly, and intelligently made, then yes.

@dericdinh9926 3 года назад

@@GustitisLaw I don't know how you can prove intelligently made? maybe under influences?

@GustitisLaw 3 года назад

@@dericdinh9926 It’s the state’s burden to prove a waiver was intelligently made. The measure of proof is typically circumstantial. That is, if the police advise the suspect they have the right to remain silent, when they start talking the state can assert the waiver was intelligently made. I hope this helps.

@dericdinh9926 3 года назад

@@GustitisLaw How can the feds charged someone with conspiracy when they have to prove beyond reasonable doubt for conviction? I think it's easier to charge someone with Conspiracy, but harder to convict someone with it?

@aleashawatson8253 3 года назад

We were pull over in due to speeding and the police search the car due to tobacco guts in the ash tray. he was the the driver and i was on the passenger side. It was a gun in the glove box if front of me after the officer found the gun he asked who was it. My boy friend and I alone with the kids was afraid. it was the weekend of my birthday we were on the way to san Antonio. he she it was his gun without knowing the gun was there it had been there for two days before than from that when i drop his friend off in Arlington. I have asthma really bad till i have to sleep with my machine beside me. He knew the police was going to take one of us or both. the kids were scared they kept mentioning the police killing us. how do we go about beating this charge.

@GustitisLaw 3 года назад

How do you know the gun had been there for two days? To me that suggests knowledge of the gun.

@AndreRosario-zm8pf 7 месяцев назад

Attorney rights preliminary hearing rights speedy trial rights violated A right to suppress. A right to hire and fire a Attorney

@GustitisLaw 7 месяцев назад

Thanks for your comment.

@MrRbabs 3 года назад

If you go willingly to a police interview to discuss something, then they change the subject obviously looking for probable cause and you have made incriminating statements but you have stated that you want your attorney present before those statements, is it possible to get the interview suppressed if they never notified/contacted your attorney or read Miranda rights? It was in an interrogation room, door shut, never told free to leave at any time, and 2 officers were present for approximately 2 hours.

@GustitisLaw 3 года назад

If you voluntarily go the police station, you are not in custody and Miranda does not apply. If the suspect properly invokes their right to counsel, there may be an issue. Nevertheless, the defense attorney should investigate all these facts to determine if a motion to suppress would be warranted.

@MrRbabs 3 года назад

@@GustitisLaw would saying "if this is going where I think it is, I want my attorney" properly invoke those rights?

@GustitisLaw 3 года назад

@@MrRbabs My initial question is why this person went to the police station in the first place. That was an ill-advised move. The statement you quoted is probably not enough. But I can be wrong.

@MrRbabs 3 года назад

@@GustitisLaw I went to the station thinking it was for something completely different, but they changed gears mid-interview. Thank you for the replies by the way!

@GustitisLaw 3 года назад

Sure!

@romellodarrell Год назад

This is a good video. My son has Autism and was caught in an online sex sting. He was questioned at the location and at the station. He never once called me. He did not know he could. Although they may have read him his rights, he did not understand what they meant. Would his confessions stand?

@GustitisLaw Год назад

Possibly. But the state must prove the his waiver of rights was knowingly, intelligently, and voluntarily made. Unless he was a juvenile, his parents were not required to be notified of the interrogation. Talk with his defense lawyer about this.

@vilimainalewgor Год назад

Hi sir

@GustitisLaw Год назад

Hello.

@TheRandyWanker 3 года назад

The best thing You can say is:" I WANT A LAWYER!" And shut the hell up after that. At least that's what I understand.

@GustitisLaw 3 года назад

That is a reasonable strategy. Especially "shutting the hell up."

@nataliereyes2345 4 года назад

I have a question i am on probation police stop me and my boyfriend found drugs in my purse that i heard my boyfriend say it was his and i told them it was not mine but still im being handcuffed taken into a patrol vehicle i figured i was being arrested anyway and feared my kids will go to cps so i repetedly asked them will he be able to go home with my 3 chldren all under 7 years old they said they were not sure i begged to please try to locate family members whho will pick them up after they also went annd searched my home found a scale and asked me whos is it i said not mine they said ok tthen both of you are being arested cause he keeps saying its all his so its both of yours i then said ok its mine i dont kno why he is saying its his but only because i was scared to have my kids go to cps if we both get arrested is this considered a forced confession ?

@GustitisLaw 4 года назад

Based on your description of the facts, the confession does not appear to be coerced or involuntary. But rarely could an attorney give you an informed opinion without reviewing the evidence, listening to the body-cams, and reading the police reports. That's what your attorney will do. Your question is a good one, but I simply cannot give you a definitive answer based only upon your narrative. Have you talked to your attorney about this?

@nataliereyes2345 4 года назад

thank you for the response . I have not had a chance to talk to my attorney with details of what happen. I forgot to mention a friend later showed up to take my kids and officers did not let them go. It got to the point that my kids all under 7 had to use the restroom and oficers ask for my consent to take them into a house there to use the restroom i had no other option than maybe just let them go in their pants.

@wilfredorivera48 3 года назад

What kind of law you practice?

@GustitisLaw 3 года назад

Criminal defense.

@brittanyvigil7617 3 года назад

If my dad bought a vechicle for me for $200 n told me to use it to go to work n if I like it I can pay him back whenever I got my check n I only had it a few days n my dad never sighned the title but the owner did at the bottom .if I was parked on private property and this cop said he was dispatched to the residence I was at to tell my friend that lives there something...as I was leaving this police officer was parked at the corner n when I got into the car my friend was walking out as I was backing up slowly this cops comes at parks right behind me on the upcoming traffic wrong side of road n opens his door n puts his hands on back of car n said i wrecked into him as he admitted he seen my taillights on cause my friend was watching him the whole time asking what was he doing n didn't he see me backing up n u did he do that? Called for backup n 2 cops came n one was off of duty came in his regular ride like one minute after this n asjed if I had insurance I told him it should n asjed for drivers license but somebody had stole it at the time but my licence was valid n told me to drive the car home n they would follow me n said i altered the title n registration 4th degree felony n got me for improper backing. And like 5 other mistemonors n this was in 2017 n I'm still waiting to go to trial after I requested a speedy trial n keep asking me to take a plea cause I'm guilty cause I was in possecuan of the car and the temporary tag was moved up from the real expiration date n I've been put in jail for 24 days a no bond and on an ankle monitor for a year w no bsckround at all?

@GustitisLaw 3 года назад

You have the right to a jury trial, if you want one. However, I also believe most defense attorneys have their client's best interests in mind. Consequently, I don't know exactly how to respond to your question.

@kimberlymahovsky1827 Год назад

I sent detailed msg on your contact form. Thank you

@GustitisLaw Год назад

Let me check.

@joemarconi897 2 года назад

Let's say you went to a police station to file a complaint of property damage and racial harassment inter alia against a white landlord. A white landlord tells you I no longer want you to stay here please give me my keys when you come back i want you to take your property and leave. When you come back you see that your property was through outside and it has been damaged. you go to the nearest police station to file a police report for property damage and racial harassment against a white landlord. the police at the station ask your ID you give them and they write your personal identification details and say I want to find a police officer who can speak toy. When they police officer come he refuses to go and see the propjty damages saying or file a report. The police officer goes on to say that she is not a security guard. This is not the work of the police officer to look after your property. You need to go and get your property and leave. No police is going there you need to leave the police station now and go and collect your belongings and leave. You then make a complaint against the police for having a policy of discriminating and refusing black individual to file criminal police reports against white landlords. The police complaint handlers never investigated the complaint. The police officers at the police officer acting under color of state law then conspire with private actors that on that day you were stalking three girls and saying offensive words to them and the police fabricate stalking evidence, fabricate and falsify witness testimony and forward this to the prosecutor tht the police even show the CCTV in which you were stalking these three girl. The prosecutor asks you to go to the police station to be taken vipper video for line up identification so that these false witness identify you. At the station the police threaten you to cooperate, it you do not cooperation and when the video picture was taken, the police office ask you to remove four pictures which will for your video for line up identification. So which attack and theories of crime should be used to attack the police illegal acts on deliberate fabrication of evidence, deliberate falsification and fabrication of witness testimony among other things? Please reply as soon as you can

@GustitisLaw Год назад

I really have nothing to add here. Since I don't have access to the law and facts applicable to the case, I am not competent to respond. Nevertheless, I appreciate your visit and your comment.