Introduction to Pretrial Motions in Criminal Defense Cases

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This video begins a new series on pretrial motions in criminal cases and how they can help you defend criminal charges. Visit www.gustitislaw.com for more information about pre-trial motions and criminal defense lawyers in Bryan-College Station, TX. Follow us on Instagram: / sgustitis
This video offers a pretrial motion definition and describes some examples like pretrial motions to suppress evidence and criminal pre-trial proceedings.
Other Videos in this Series:
1. 4th Amendment Pretrial Motions to Suppress Evidence in Criminal Cases ( • 4th Amendment Pretrial... )
2. How to Use Pretrial Motions for Discovery to Defend Criminal Charges ( • How to Use Pretrial Mo... )
3. 5th Amendment Pretrial Motions to Suppress Evidence of Criminal Confessions ( • 5th Amendment Pretrial... )
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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, Stephen Gustitis defines what pre-trial motions are and how pretrial motions in criminal cases can help defend charges. The video also discusses some common examples like pretrial motions to suppress evidence and suppression of statements.The video begins our new 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 evidence to help defend your criminal charges. #pretrialmotions #gustitislaw #pretrialproceedings

Опубликовано:

13 июл 2024

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Комментарии : 291

@keithcook8173 5 лет назад

Thanks Mr Gustitis. I look forward to more videos in your series on pre trial motions practice.

@GustitisLaw 5 лет назад

Of course, Keith! I will have one ready for next week.

@familykus4186 3 года назад

Thank you Mr. Gustitis. I and my Family really appreciate your videos. You are Awesome! Thank you Man!

@GustitisLaw 3 года назад

My pleasure! I enjoy helping people understand how the court system works.

@bruhbeforreal 3 года назад

Great video! Thank you for the info.

@GustitisLaw 3 года назад

You are very welcome. Thanks for watching.

@xroxasthesablex Год назад

"Upstanding citizen" here. I hate that I'm just finding this channel because this guy is giving us gold for free. I can only imagine how good he is once money is there to motivate him. This guy could sell ice to an Eskimo. Hell I got my own ice maker and I'd still buy his ice for my tea.

@GustitisLaw Год назад

I appreciate your kind words. But like most good lawyers, winning is the motivation, not money.

@ajc713 3 года назад

Steve, your videos are inspirational, brother.

@GustitisLaw 3 года назад

I appreciate that! I'm glad I can help you.

@colbylucian6749 2 года назад

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@abramkaysen4684 2 года назад

@Colby Lucian Instablaster ;)

@colbylucian6749 2 года назад

@Abram Kaysen thanks for your reply. I found the site thru google and im waiting for the hacking stuff now. Seems to take quite some time so I will get back to you later when my account password hopefully is recovered.

@colbylucian6749 2 года назад

@Abram Kaysen It did the trick and I now got access to my account again. Im so happy:D Thank you so much, you saved my account :D

@darylhopkins9796 Месяц назад

I just subscribed. Excellent learning advice.

@migueltor6434 4 года назад

Simply explained.

@GustitisLaw 4 года назад

Thank you, Miguel.

@AlmyrPapasinMIXTV-Channel 4 года назад

Thank you for the info really appreciate

@GustitisLaw 4 года назад

No problem!

@jenniferanderson7441 3 года назад

Hi, Thank you Mr. Gustitis for you Extremely Informative Videos. We would like to see a Video on Competency Evaluations for People who Plead Insanity or who Plead Diminished Capacity. How does one obtain a Competency Evaluation? Do you have to File a Pretrial Motion in the Criminal Court? What would that Motion be Called? Who would Pay for the Competency Evaluation?

@GustitisLaw 3 года назад

Competency evaluations are governed by state law. State criminal procedure usually provides for competency evaluations when the competency to stand trial is in question. These same laws provide for evaluations when insanity will be used as a defense. Sometimes notice of an insanity defense must be given to the prosecutor and court. Under that circumstance the judge would order the evaluation. When competency to stand trial is an issue, simply advising the court of your suspicions may be enough to get them to order the evaluation. The important thing to remember in both situations is that everything the accused person says to the evaluator can be used against them in court. You might consider hiring a private evaluator to perform the analysis first.

@rickjames7847 2 года назад

You are a good man and wise

@GustitisLaw 2 года назад

Thank you for your very kind words.

@chasingamurderer 3 года назад

Thanks Steve

@GustitisLaw 3 года назад

Of course!

@mrsoul680 5 месяцев назад

Good video.

@trinacroll32 3 года назад

Someone I know has been in Texas jail for almost 2 years without a trial. He can't afford the bond and was transferred without signing anything from another state. What motions should he submit? He has a public defender but he hasn't talked to him in 6 months and only met with him once or twice. I've looked at motion to set aside information and motion to set aside for failure to afford speedy trial. He hasn't even seen any discovery motions either. Thank you for your time. I'm watching the other videos and will tell him to as well.

@GustitisLaw 3 года назад

It's difficult for me to suggest legal strategies since I do not have access to the facts and circumstances surrounding your friend's case. Legal strategies are always tied to the facts of the case. I suggest calling the lawyer EVERY DAY until you get an answer. If the lawyer still does nothing, then go over their head and talk to their supervisor.

@ekimittoreihc2105 4 года назад

THANK YOU FOR THE VIDEO. HOW MANY MOTIONS CAN YOU FILE? SHOULD YOU FILE BEFORE THE HEARING BEGINS OR AFTER.

@GustitisLaw 4 года назад

You must file motions before any pre-trial hearings. The prosecutor is entitled to sufficient notice before the judge will rule. I suppose you can file as many motions as you can think of. But make sure the judge does not think you are wasting their time.

@n0nconventional_385 5 месяцев назад

Thank you for the info can you do a short video on appeals

@torreypine 4 года назад

In my state of California, the court often asks a defendant wishing to represent themselves to sign a declaration that, among other things, acknowledges that some motions or processes are unavailable to those representing themselves. Could you give some examples-or perhaps produce a video :) on common motions or processes that are unavailable to defendants representing themselves? Thank you!

@GustitisLaw 4 года назад

This is probably a California thing. I work in Texas and are not licensed anywhere else.

@paulmanning4627 Год назад

They can’t the same thing a lawyer can do is the same thing a pro se litigant can do.

@thothheartmaat2833 Год назад

@@paulmanning4627 PRO SE CAN DO A LOT MORE THAN WHAT A LAWYER CAN DO.. THATS WHY THEY GET SO MAD WHEN YOU WONT PUT YOURSELF AS A WARD OF THE COURT.. WHEN YOU HAVE A LAWYER YOURE A CHILD.. WHEN YOURE PRO SE YOU CAN REFUSE TO ACKNOWLEDGE THE AUTHORITY OF THE COURT.. BAR ATTORNEYS CANT DO THAT..

@riograul2043 Год назад

@@thothheartmaat2833 what is the benefit of refusing to acknowledge the authority of the court?

@Mr-_-J Год назад

That sounds illegal and like a good way to get your case dismissed

@ms.reneer1010 5 лет назад

I have another legal question if someone you know has been charge with criminal charge who being sentencing means indictment. Do a lawyer use strategy.

@GustitisLaw 5 лет назад

Depending upon the charge and the evidence, there is probably a best strategy to defend the case.

@h17994xxx 3 года назад

Mr Gustis, I loved your video. Its very I formative. I'm due to get my bar license in about 5 months, and this is immensely helpful and inspiring. In India, there are precedents that state that evidence obtained by prosecution even by unfair means is admissible as long as it is proved genuine and the state proves that it was essential to obtain the evidence in those particular circumstances. In such an event, in your opinion, what would be a good alternate pre trial remedy in criminal cases in general.

@GustitisLaw 3 года назад

Thank you for your kind words. Good luck with your law practice. Unfortunately, if India law supports such a result, I don't have any experience to challenge it.

@veronicabrown3816 2 года назад

Why would a prosecutor wait 6 months and now it's 11 months since I was arrested. I gave over 50 pages of evidence he lied about everything at the preliminary hearing. I had a public defender who told me not to say anything. Can I have the lawyer file a motion to suppress his testimony.

@h17994xxx 2 года назад

@@GustitisLaw thank you so much, sir. I have indeed started my practise with pro bonos for the moment. The goal is establish counsel practise. Ive been practising for 3 months now and have had about 25 trial arguements so far. Thank you for your kind words.

@h17994xxx 2 года назад

@@veronicabrown3816 in an ideal situation, if there is evidence of innocence, or an alternate possiblity of events at our disposal, as defence counsels we try to apply for discharge or quashing of FIR at the earliest (mostly pretrial). However, pls consult another defense attorney if your current attorney isnt interested in the case.

@nickv1008 Год назад

@@veronicabrown3816 right to a speedy trial?

@prentissarmstrong8750 4 года назад

I've not yet seen all your videos, but I am trying to learn how to do the paperwork part of law. What's the different types of, such as motion to dismiss, several writs pleadings, notices, claim, complaint, etc. How do you know what to use and when and of course how to draft them/ create them?

@GustitisLaw 4 года назад

The best place to learn this is in law school. These topics are complex and take years of training and experience to execute properly. With that said, there are websites that claim to offer this service. I don’t know whether to trust them, however. The problem with looking things up on the Internet is that the Internet cannot offer you experience. Thanks for your question, nevertheless. Good luck.

@sandrakarwel 4 года назад

A good school is valuable however, home schooling & self taught is just as valuable. And experience is just that "experience". One can watch trials & hearings and even work as a file clerk or secretary in a lawyers office or firm.

@alexroberts6206 Год назад

Could you please do a video on how to actually file the motion either paper/efile ? What to write up and how to write it ect.

@GustitisLaw Год назад

I can’t do that. First, that would be legal advice and I can’t provide advice to non-clients. Second, I would be giving my legal services away for free and I wont do that either. My advice is to hire your own lawyer. I wish you the best of luck.

@davidlynnmiller5628 4 года назад

Is it possible to file for a pretrial motions of discovery when I haven't gotten a lawyer yet? I have to look for a lawyer because of financial reasons. They denied me a public defender because of the amount of my bond. But I still can't afford a lawyer because I did not pay for it.

@GustitisLaw 4 года назад

It is possible. But I think your motion for a public defender is more pressing. Please see my comment on your other question. Thanks for your excellent questions.

@davidlynnmiller5628 4 года назад

Is there a pre-trial motion for the debate of whether or not I qualify for a public defender? In my case it would be based on the fact that I'm not the one that pay for my bond.

@GustitisLaw 4 года назад

I think this is a legitimate issue. The court will probably need sworn testimony that you did not post bond and that you cannot afford a lawyer. Possibly, an oral motion to the judge the next time you are in court will get you a hearing.

@sonitjain2024 5 месяцев назад

⁠can you please tell me what are the different types of Pre-trial Motions as I am not sure.

@michaelwayne8689 2 года назад

Mr. Gustitis what if an attorney tells the accuse that there is no motions to file before heading to trial. Is that right?

@GustitisLaw 2 года назад

It's right if there are no motions to file which might have merit.

@jocelynsandoval829 4 года назад

If I told the officer no he could not search my car and i wasnt under arrest can he change it to an inventory search and use anything he finds against me ?

@GustitisLaw 4 года назад

Inventory searches are conducted after a person is arrested. If the police department has an established inventory search policy, yes they can use what they find against you. A review of the officer’s report should state the basis of the search. Make sure your attorney reviews this in detail.

@gonzalezjorge2208 4 года назад

I have a question I’m a truck driver in the year 2016 I got pull over for not entering the truck scale and 1 gram of marijuana I got a lawyer did classes for the possession of marijuana and case supposed to be finished but these year I got pull over and I had a warrant and I went to jail 2 days got realease but they gave me a court day for Pre trial for the possession what’s going to happened on pre trial could you help me with my questions pls

@GustitisLaw 4 года назад

I have no idea what will happen. But make sure you show-up on time to court. You should hire a defense attorney familiar with that court system and the prosecutors working there. The lawyer will shepherd you through the process and give you advice about how to best resolve this case.

@cootnukem6688 3 года назад

Is Pretrial memorandum the same as a pretrial motion? Or does the attorney have to request for a pretrial motion date?

@GustitisLaw 3 года назад

I don't know. All courts call things differently. An experience defense attorney in that jurisdiction will give you a much better answer than I can. Thanks for your visit!!

@letthemansellswithmthokoh166 2 года назад

Hall Steve ,great show,.plz make a video on shooting thief's trying to steal livestick

@GustitisLaw 2 года назад

I cannot. I would never create a video suggesting you can shoot someone.

@tolpinsk Год назад

Very informative. Does the same process also apply to traffic tickets

@GustitisLaw Год назад

Thanks. And yes it does.

@kennyheatherly2646 2 года назад

I go to trial tomorrow evening should I file them motions before court or can I file after

@GustitisLaw 2 года назад

You should hire a trained professional to decide what to do. Untrained people are ill equipped to make these decisions.

@stevenresendez1170 3 года назад

Great video sir. If the prosecutor tells my lawyer and the judge he wants to go to trial. How soon could that take place?

@GustitisLaw 3 года назад

That depends upon the size of the court’s trial docket and how many other cases have priority over your case.

@stevenresendez1170 3 года назад

@@GustitisLaw. Got it. Just one more question. I have grown my hair very long. To a point where it’s on top of my shoulders. Do I need to cut it? How would you want me to have my hair if I was your client going to trial?

@GustitisLaw 3 года назад

You cannot be someone you are not. Trust your lawyer and heed their advice about your appearance. Good luck.

@mariagabrielaricagno4252 4 года назад

Thank you Mr Gustitis for your video. I have another legal question. If the Defendant allegues political persecution, is there a special motion to introduce this defense?

@GustitisLaw 4 года назад

Can you explain how political persecution affected your case? Did it cause an illegal arrest or an illegal seizure of evidence?

@mariagabrielaricagno4252 4 года назад

@@GustitisLaw Thank you for your answer. The Defendant allegues that the prosecution in the US was motivated by a political persecution.

@GustitisLaw 4 года назад

@@mariagabrielaricagno4252 This is not a legal defense.

@mariagabrielaricagno4252 4 года назад

@@GustitisLaw Thank you very much for your answer.

@ajc713 3 года назад

EQUAL PROTECTION -- subjective intent matter. Caselaw supports illegality of selective prosecution for certain politically motivated prosecutions.

@chuckycheese432 Год назад

After listening to you I'm going to ask for a continuance I've got pretrial in the morning is it okay if I ask for evidence grabbing can I demand discovery of my case written communications Buy email I need my plead offer in writing from State attorney I need time. Score sheet also I need to know if the state attorney has had contact with the alleged victim I need depositions copy of the transcript motion of suppress also I need to be active in my case. Do you think it's smart to ask for a registration statement pursuant to foreign agents registration act of 1938 as amended can I enter a motion to dismiss

@GustitisLaw Год назад

You are asking for legal and strategic trial advice, neither of which I can provide you. Please ask your own attorney these questions.

@shonharvey3518 2 года назад

Have question off the subject of the video . Is it too late to hire an attorney if I am about to set a trail date next week with a public defender

@GustitisLaw 2 года назад

No. But hire one NOW. Lawyers don't like to take cases at the last minute. Good luck.

@FirstLast-numba1 Год назад

How often do you file motions to dismiss and how often are those motions granted?

@GustitisLaw Год назад

Only the prosecutor can dismiss a case, except in very few limited circumstances. Talk to your lawyer about these important issues. Good luck.

@kenyamiller5977 2 года назад

Hi mr Gustis if I lose at trial can I still appeal my case

@GustitisLaw 2 года назад

Yes. But the issues you can raise on appeal depend upon what errors were preserved at the trial level.

@kevinmichaelbergman8276 Год назад

When you lawyers start seeking charges for false Arrests and Perjury I will be interested in your approach

@GustitisLaw 11 месяцев назад

My job is to defend, not to file lawsuits against the government. I understand your point, nevertheless.

@kevinmichaelbergman8276 11 месяцев назад

@@GustitisLaw Your very reasoning is why we all have these issues you lawyers leave these Courts operational in the first place passing the buck on and on to continue attacking new victims self supportive work never finish a job gets more jobs later

@kevinmichaelbergman8276 11 месяцев назад

@@GustitisLaw The lawyer I had refused to handle my case till I gave him some magical amount of money causing my case to fall into unrecoverable status so it was lost till I filed a new case Pro SE and won on my own

@kevinmichaelbergman8276 11 месяцев назад

@@GustitisLaw So yes you just lost this case and I didn't even try hard and you want money for your work buyers be Aware

@kevinmichaelbergman8276 11 месяцев назад

@@GustitisLaw I am currently fighting a case myself and charging them with charges in counter defense something you lawyers never do and should so see my videos to see my documents then come to class after you get an additude adjustment.

@steveosly9417 4 года назад

Hi sir. Can I still request a motion for exculpatory evidence even though my attorney claims all evidence was disclosed during discovery?

@GustitisLaw 4 года назад

If you don’t trust your attorney, then hire one you do trust. If you don’t want an attorney, then fire the lawyer you have now and then file your motion.

@steveosly9417 4 года назад

@@GustitisLaw thank you very much sir. How would I go about firing a pd or seeking new legal counsel. I do not have the funds to hire a private attorney.

@GustitisLaw 4 года назад

@@steveosly9417 The way to get your PD off the case is to hire a private attorney to get on the case. Since you cannot hire your own attorney, I recommend sitting down and discussing your differences with your current lawyer. If you cannot resolve those differences, then ask them how a new PD could be appointed to represent you.

@steveosly9417 4 года назад

@@GustitisLaw my pd has not reviewed my case or discovery in 2 years since my case was taken on. Isn't that enough to prove ineffective assistance of counsel? Thank you for your time sir

@GustitisLaw 4 года назад

No, it’s not. Discuss these issues with your public defender or hire your own attorney. Those are your choices. Good luck.

@ianattle4747 Год назад

Can you explain what Motion for Judgment of the Pleading and Motion for Summary Judgment are. I have watched like 4 videos and read a law book. But no one seems to explain it well. Can you summarize those two up for me. I understand everything else it's just those two motions I want to know more of the details behind. I have an idea of what they mean. They are trying to stop a case from going to trial

@GustitisLaw Год назад

Unfortunately, I don't know what these documents refer to. They sound like civil court matters, of which I have no experience.

@ianattle4747 Год назад

@@GustitisLaw you're good I figured it out by the way. Yes they are pre-trial motions. A motion for a judgment on the pleadings allows the moving party to tell a judge that since the nonmoving party did not answer the pleadings and the facts show that no questions on facts exist, the moving party can ask the judge to issue a judgment without the need of a jury trial. Motion for a summary judgment is very similar but this usually occurs before the trial after the discovery phase and allows an attorney to ask the judge to dismiss the case in total or parts of the case if the moving/nonmoving party is entitled to judgment and no particular facts are in question. It is very interesting. However most judges don't grant these if they feel it rules In favor of a particular party, a rule of law must be in place for a judge to grant these motions and only 35% of these motions are actually granted by courts. Most judges at the pre-trial conference try to persuade the attorneys clients to seek an ADR to end a dispute to avoid trial typically mediation, arbitration, or settlement.

@kaysihilbert3160 2 года назад

Criminal Case in Indiana - Currently have a loved one incarcerated for 6 months for battery charges-F3. From the time the warrant was served he had told the police of videos on his phone that shows the incident in question. I myself was a witness also, I told them the same thing. The detective failed to retrieve these videos (from their own lock up) did his public defender. Upon learning this we got them in an unconventional way and I sent them to the Detective/Prosecutor/Public Defender. 4 months later and they are just now doing the dispositions of the alleged victims. I was told from day one when I offered my written statement that the detective didn't want to have me come in and talk to her. Yet everyone involved admitted I was there from the start. What kind of action can I take to make sure light is shined on this?

@GustitisLaw 2 года назад

I have no idea. My job is to defend allegations, not shed light upon allegations of illegal police behavior.

@kaysihilbert3160 2 года назад

@@GustitisLawJust trying to figure out if a motion to compel would fit this

@JohnRodriguez-zn4gf 5 месяцев назад

Can a motion for a "Speedy Trial" be filed with the Court verbally? If not why?

@dennisservaes 3 года назад

I used to request marsden motiions because the public defender only had 3 minutes for each case and my case required better representation than roll call

@GustitisLaw 3 года назад

Can you hire a qualified criminal defense attorney of your choice?

@dennisservaes 3 года назад

@@GustitisLaw maybe I should ask for donations. I don't understand your question.

@GustitisLaw 3 года назад

@@dennisservaes If you don't like what your public defender is doing, you have the option of hiring a lawyer who you trust. That was the meaning of my response.

@dennisservaes 3 года назад

@@GustitisLaw qualified to me means fighting back instead of row calls never filing a f ing motion. When the judge addressed me with a question I requested a marsden motiion.

@thothheartmaat2833 Год назад

@@dennisservaes I USED A PUBLIC DEFENDER ONCE.. MY CASE GOT CONTINUED FOR YEARS.. IT WAS A MARIJUANA PARIPHERNALIA CASE THAT EVENTUALLY I GOT FINED 100 DOLLARS AFTER 2 YEARS OF CONTINUANCES.. DONT EVER USE A PUBLIC DEFENDER.. TEL THEM YOU DONT UNDERSTAND THE CHARGES AT ARRIGNMENT AND THAT YOU DONT WANT TO PROCEED AND WANT THE CASE DISMISSED.. DONT FILE ANYTHING BEFORE THE ARRAIGNMENT.. THIS IS CALLED MAKING SPECIAL APPEARRANCE INSTEAD OF MAKING A GENERAL APPEARANCE WHICH PUTS YOU UNDER THEIR JURISDICTION AND ALLOWS THEM TO CONTINUE THE CASE.. I GOT A CASE DISMISED THIS WAY ONCE AND IM TRYING IT AGAIN SOON..

@kristybarnes2563 2 года назад

Is it wise for me to have the judge in my civil claim (being filed in federal court,) to give the decision on my claim instead of jury? Doesn't he have to stand by the law (of the Land, US & Texas Constitutions?)

@GustitisLaw 2 года назад

I have no idea since I know nothing of the facts and law applicable to your case.

@3mig4s82 2 года назад

What are the time frames for submitting a motion to dismiss in Texas

@GustitisLaw 2 года назад

First, only the state can file a motion to dismiss. Secondly, they can file it whenever they want, there are no time frames.

@timothyleavell4226 Год назад

There are stimulating circumstances why I am representing myself in a criminal defense trial the motion of discovery shows a lot of discrepancies. Can I file for a motion to dismiss because of the evidence being so weak against me? Also once I file that motion do is it addressed at the next pre trail conference or does it get it’s on date for court?

@GustitisLaw Год назад

You are asking me for legal advice. I cannot provide it since I have not thoroughly and independently investigated the law and facts of your case. Would you want your doctor to diagnose and treat you before they reviewed any of your tests? The the best analogy I can offer.

@timothyleavell4226 Год назад

@@GustitisLaw sure if they knew exactly what was wrong with me I would have no problem with the doctor doing that but anyways it’s OK. I thought I asked a pretty simple question but I understand that you’re not getting paid and you don’t wanna waste your time answering it! 😉

@GustitisLaw Год назад

@@timothyleavell4226 Getting paid is not the issue. Malpractice is the issue. I’m sorry I cannot do more.

@timothyleavell4226 Год назад

@@GustitisLaw you seriously just open up my mind to something new by your response. Seriously thanks!

@GustitisLaw Год назад

@@timothyleavell4226 Good luck to you, man.

@shahadalzarani3533 2 года назад

For a lower judgment he went to the appeal, and the appellate judge indicated his case does not contain (psl), is this a positive sign in his favour?

@GustitisLaw 2 года назад

I don't know. I don't understand what happened based on your question.

@shahadalzarani3533 2 года назад

@@GustitisLaw The lower court judge asked the Commissioner of Corrections (psl) for sentencing, but that transcript was not delivered, that's what the appellate judge said (he said there is a mention of the report but it isn't)

@shahadalzarani3533 2 года назад

It is a plea for a shorter prison term. So is not having a PSL considered misconduct? Or that a judge's miscalculation enhances the chances of reconsidering the sentence

@GustitisLaw 2 года назад

@@shahadalzarani3533 I have no idea how that system works. I wish I could help you.

@ms.reneer1010 5 лет назад

Can you please explain double jeopardy motion.

@GustitisLaw 5 лет назад

of course! Double Jeopardy means either one of two different things. First, it can mean that you've already been punished for the crime you're charged with. Second, it can mean you've already been put on trial for the same offense and were either convicted or acquitted. In a Double Jeopardy motion, you would make these allegations and ask the court to decide whether you've been punished before, or put on trial before for the same offense. I hope that helps.

@ms.reneer1010 5 лет назад

Gustitis Law yes thank you.

@kudoafterlife9911 2 года назад

how do you find out if my motions have been granted? and does it mean it is official?

@GustitisLaw 2 года назад

The rulings on motions should be in the court's file. Examine that file to see if the court has ruled.

@kudoafterlife9911 2 года назад

@@GustitisLaw thanks, hey can they arrest me if i go to courts and try to change my status of political to a state national. and try to and establish ownership of my trust fund social security constitutional right/ converted to law status. or do i have to do the process in jail. then later sue for violating my estate and and inbezzelment it in commerce. what should i do?

@HenryK153 Год назад

Do these motions happen before or after pretrial date?

@GustitisLaw Год назад

Most courts would want pretrial motions ruled upon before a trial. The defense would often want them ruled upon so they can plan around the result of the motion. Some motions (actually objections) could be made a trial, but if done that way there is no way to plan. Thanks for your question.

@melissatrujillo5060 3 года назад

Hello, I am in Texas and I have a few questions regarding the suppression of violation of the 4th on illegally detained, searched without probable cause and consent. And as well as to suppress statements obtained by violating miranda rights since they weren't read until in front of the magistrate judge. So that would mean anything said before should be able to be suppressed, right? As far as the most anticipress illegally seized evidence and as far as the violation of our fourth amendment rights if you had no priors you were being they told you you were being detained and then had to wait 20 30 minutes for a female officer to come to search you if you told them at that point that you did have something in your bra that would go into the category for violation of my Miranda rights and also for a illegally seized evidence because I was illegally detained from the get nor did I consent cuz I did tell him but I didn't consent for them to reach into my bra and grab it and mind you I have no priors whatsoever.... Thank you in advance for your time and advice!!!

@melissatrujillo5060 3 года назад

Oh and I haven't been indicted and they are offering a plea of pretrial diversion. That's not an option for me for the foundation I need to create.

@GustitisLaw 3 года назад

Miranda rights ONLY apply when you are in police custody and they want to interrogate you. A detention is not necessarily "custody" for the purpose of Miranda. So it's quite possible that statements you made prior to Miranda can be used against you in court. But your criminal defense attorney will know for sure since they have access to the facts and evidence. Since I have no knowledge of why you were detained in the first place, I cannot comment on the legality of the initial detention. But if you told the cop's you had contraband in your underwear, they have every right to seize it.

@nickv1008 11 месяцев назад

It's been a year, I was arrested for trespass on property i rent ( self storage) .l still dont have 911 call, surveillance camera video of arrest, or conversations in the office recorded by the storage facility. Now they want to move to a misdemeanor court? (I guess start over) any ideas? This is in n.e.Florida

@GustitisLaw 11 месяцев назад

I'm sorry, I cannot help you. I cannot give legal advice over the Internet. I don't know the facts and law applicable to the case.

@nickv1008 11 месяцев назад

@@GustitisLaw You have no opinion of 911 call being evidence? And surveillance video? How can the sheriff dept suppress exculpatory evidence? I'm not asking for legal advice, I'm asking if the law might back up evidence, like Brady v Maryland...

@GustitisLaw 11 месяцев назад

@@nickv1008 That is correct. I have no idea of the admissibility of evidence until I complete an independent investigation of all the evidence and law applicable to the case.

@daisysalinas2468 Год назад

What is a prelim setting/resetting? And how long does it take to get convicted

@GustitisLaw Год назад

I don't know. All court's have their own way of doing things and naming things. I suppose you are trying to avoid being convicted, right? You need to talk to a defense lawyer about the case, the facts, and the strategy on how to resolve the case.

@Fishman5522 4 года назад

How long before pretrial should I file motions, such as discovery or dismiss for lack of discovery? Court date is December 12th @ 2pm

@GustitisLaw 4 года назад

File motions now, or you may waive your right to file motions at all. But this depends upon state law. Are you representing yourself, as a non-lawyer?

@Fishman5522 4 года назад

I am representing my self and have motions for discovery, motions to surrpress statements, motion to preclude testimony, and a motion to dismiss with prejudice. I wanted to know how in depth and if I need to include case for the motions? 585-797-3655 thanks Mike Schrader

@GustitisLaw 4 года назад

@@Fishman5522 You need to mention the case, statute, and/or constitutional provision in the written motion. Better to mention to many, than too few. That way, if the court denies the motion, you will have preserved the case, statute, or constitutional issue for appeal. Are you prepared for contested hearings and to call witnesses in support of your motions, since just filing the motions is not enough?

@Fishman5522 4 года назад

@@GustitisLaw this trial is for a violation of an order protection and it only involved me, my ex-wife and her husband walking out of the court room after a child custody from family court. She alleged I spoke with her while waiting for the elevator to exit the court house, we both proceeded to get into the elevator to go to the first floor then realize the elevator was going up not down. I then proceeded to the exit to take the stairs as to cause no issues. She filed a claim stating I spoke with her which violated the order of protection. Motion for discovery is being filed because I don't think there's any evidence to support her claims. Therefore the case will be dismissed as a motion to dismiss with prejudice is being filed also.

@GustitisLaw 4 года назад

@@Fishman5522 Seems like simply an inadvertent contact with her. I'm surprised a prosecutor would even pursue the case, without more.

@crdizzle3951 3 года назад

do you practice in Dallas? and or what does it cost to have a consultation with you?

@GustitisLaw 3 года назад

Dallas is a bit too far for me to travel for court appearances. However, I'd be happy to talk with you and the initial consultation is free.

@timkelleher9999 3 года назад

You are a good man!

@minniepenny7793 Год назад

If the criminal complaint states one time, receipts says another time, plaintiff says a different time, and the defendant wasn't around EITHER TIME? Should the case be dismissed?

@GustitisLaw Год назад

I have no idea. Sorry. You are asking me to answer questions without knowing the law and facts applicable to the case. That, unfortunately, is impossible.

@minniepenny7793 Год назад

@@GustitisLaw What are the applicable laws to conflicting evidence in a criminal complaint? (The def was a mile plus away when the alleged crime was committed and the plaintiff was told their story didn't match neither of the 4 time frames he'd given police )What are the applicable laws of material perjury? (Plaintiff presented evidence that wasn't conducive to the testimony he'd given, which is also in the criminal complaint) Are there any laws applicable to presenting misleading information or tampering with evidence?

@GustitisLaw Год назад

@@minniepenny7793 There are no such laws. Any conflict in evidence is resolved by a jury. They determine what the facts are. They determine what to believe or not believe. They determine the credibility of all witnesses. That was a good question, though.

@starseoltd.4927 Год назад

Shit - I am so enlightened listing to your outlines. My public defenders are corrupt and being sued by me.

@GustitisLaw Год назад

Do you know how your lawyers would benefit from this kind of "corruption?"

@omarquiroz-yj3qi 9 месяцев назад

Pre trial mtn is it a motion to dismiss?

@GustitisLaw 8 месяцев назад

Only the prosecutor has the power to dismiss. You can ask all you want but you won't get it.

@russellwalkermdd4920 2 года назад

Counselor, I am facing a felony charge of Domestic Violence 1st Degree, last July. The penalty could be as bad as 10 years in prison. I was held without bond for 8 months. I have been on bond for 4 months now. The State keeps pushing a plea bargain and continuing my jury trial until the next term of court, a 3 month delay each time. The deal sounds sweet to many people, plead to assault get time served, and probation vs. 10 years in prison. I won't take it because I am not guilty. I want to file a pretrial motion to dismiss for lack of jurisdiction or failure to state a claim. I need help in educating myself because I don't believe my attorney is acting in my best interest. These are the elements of the charge of DV1. That the accused caused physical harm or injury to their own household member (spouse, former spouse, persons who have a child in common, and persons who are cohabiting or formerly have cohabited). I did stop someone from entering and remaining in my home last July; however, that person is not my spouse, or my former spouse. I do not have a child in common with the person, and me and that person are not cohabiting nor have we formerly cohabited. Therefore, domestic violence should not even be allowed to be heard. And the lessor charge of assualt and battery don't apply because the person was served trespass notice prior and i consider them an intruder. The issue here is that I suffered a serious assault in the county jail, and my home suffered major damage from the 12-hour standoff with SWAT, two Counties, DEA, ATF, and SLED. But I didn't cause the standoff, and furthermore I am not charged with any federal crimes because the ATF and DEA came up empty handed. The issue here is that I plan to sue the dog shyt out of some entity, county, state, or whomever, but if I plea i let them off the hook. I need help. Russell Walker

@GustitisLaw 2 года назад

These types of situations demand detailed consultations with your defense attorney. There are many factors to consider and many of those are very obscure. This is where experience is indispensable. Most of it is basically risk assessment and risk management.

@veronicabrown3816 2 года назад

Could a lawyer do a motion to dismiss if the alleged victim lied on the pre liminary exam and had a no contact order with the alleged perpetrator? I was almost murdered by my ex he was facing 30 years he actually cut his own arm and tried to blame me he only served 10 months and got out. He then wanted to seek revenge and lied about me I actually had bruises where he threw me against the wall. I suffer from PTSD so when the cops were there, I was having a panic attack and he was calm as could be. He had said he drank 128 ounces of alcohol and 4 Ativan's and that is why I went over to check on him.

@GustitisLaw 2 года назад

Defendants do not file motions to dismiss. A judge cannot grant a motion to dismiss UNLESS the prosecutor files one. The facts of your case, including the credibility of the witnesses will be determined by a jury. If you want to avoid the risk of a trial, talk to your defense lawyer about reaching an agreement with the prosecutor to resolved the case.

@troyfuller3767 Месяц назад

Please explain jury nullification.

@brunonorandall261 3 года назад

Hello, is this similar to a dispositional conference?

@GustitisLaw 3 года назад

Maybe. I don’t know what a dispositional conference is, but different courts can call the same hearing by different names. What does your lawyer say about this?

@brunonorandall261 3 года назад

@@GustitisLaw basically, we met In front of the judge and prosecutor for under 3 minutes. Nothing really happened

@GustitisLaw 3 года назад

What was discussed at the bench with the judge?

@brunonorandall261 3 года назад

They just had me state my name. And the judge asked both parties if theyy had any questions. Which neither had

@claudiapendergraft4626 2 года назад

There is a case in San Diego that was send to start the trial process, but something seems off. They started pre-trial motions conference that lasted 3 days, then on the 4th and and 5th picked a jury. On the 6th day told us Jury trial would start at 9 am. We got there that morning saw the jury waiting outside, Then a supervisor for the DDA stop all the process and they told the defendant that he could take a plea of 18 yrs or face 42 years if convicted. This process seems off and not right. What’s your opinion on this, it is a felony case.

@GustitisLaw 2 года назад

This scenario looks reasonable to me. Pleading a case or making an offer with the jury in the hallway is a common practice. It is always up to the defendant to decide what they want to do.

@shahadalzarani3533 2 года назад

Can unlawful evidence be suppressed, even after an admission of guilt?

@GustitisLaw 2 года назад

When did you admit guilt? To the police or to the judge? It makes a difference. If you confess to the police, there may be issues involving the suppression of evidence. If you plead guilty to the judge, then probably not.

@nancyjaneblair-bobst7235 4 года назад

Can I speak at my husband's arraignment for a 283.1 and recant now that things have calmed down. The officer taking the statement from me misrepresented the facts. I was not injured, and I told the officer this in no uncertain terms, and my husband was still charged with a felony. I am furious. What do I do?

@nancyjaneblair-bobst7235 4 года назад

273.1 typo

@GustitisLaw 4 года назад

Please see my response to your earlier question. Thanks.

@deniseoles4802 3 года назад

Does this contain to all cases are just some .they just did a motion a few weeks ago it just says motion nothing else.

@GustitisLaw 3 года назад

You must get a judge's ruling on the motion, or the motion is meaningless.

@TheDrewcifur 11 месяцев назад

How would you go about getting a motion to dismiss on grounds of unconstitutionally in a carrying a concealed weapon case by a convicted felon (not being charged with felon in possession. The prior felony is a F4 CCW charge) in Ohio using the Bruen methodology? The issue at hand is I can legally own firearms yet the state is claiming I have no right to carry said firearm.

@GustitisLaw 11 месяцев назад

You need to hire a licensed and qualified attorney to help you with this problem. I cannot give legal advice on RU-vid, regretfully.

@TheDrewcifur 11 месяцев назад

@@GustitisLaw I have a attorney but he lacks any kind of a backbone and I'm more up to speed in current gun laws.

@mikeleija224 3 года назад

What is difference between discovery and police report

@GustitisLaw 3 года назад

The police is part of the discovery. But there could be other material like videos and test results. Great question.

@batageneral9148 4 года назад

Can your case discharge on pretrail

@GustitisLaw 4 года назад

Do you mean dismissed? If so, your case can be dismissed at any time. But remember, the decision to dismiss comes from the prosecutor. If the prosecutor believes they have the evidence to successfully pursue the charges, the case may never get dismissed.

@TheIrishdriven 6 месяцев назад

is there a justifiable reason for a defense atty to refuse to pursue a motion to suppress dismiss insist on formal discovery motion as in ca even though required both sides exchange da has already converted video evidence withholds other video evidence appointed attys in california rarely pursue any pretrial motions thereby waiving the complete issues on appeal yet appeal rarely punishes defense counsels negligence

@GustitisLaw 6 месяцев назад

I do not know. Since I'm not licensed in CA I don't know the law there. Often there are times when the defense attorney will not file suppression motions since they have a responsibility to value the court's time in addition to representing the client.

@mauricepowell9896 3 года назад

What is a motion of disclosure from the State

@GustitisLaw 3 года назад

Sometimes the state wants the defense to disclose something. The motion is filed and judge rules whether the defense must disclose or not.

@ericwoodward7620 Год назад

A confidential informant wore a video recorder inside my home while nobody was there and without permission. Is that legal?

@GustitisLaw Год назад

I have no idea. Since I have not independently reviewed the law and facts related to the case, it's impossible for me to render an opinion about it. Sorry.

@nickv1008 Год назад

Thanks. I question the legality of redaction of parts of evidence. Particularly 911 calls and police reports.

@GustitisLaw Год назад

What parts are you concerned about? 911 calls are often admissible because they are "excited utterances" and are an exception to the hearsay rule, provided they are relevant. Police reports are generally not admissible since they contain a plethora of hearsay. Plus they are written in preparation for criminal litigation, another obstacle to their admissibility.

@nickv1008 Год назад

@@GustitisLaw the 911 call probably did not include any mention of any weapons ( on person or in vehicle) that later after a detain and search, found their way into the complaint as a reason for the complaint. Thanks.

@GustitisLaw Год назад

@@nickv1008 Did you listen to the 911 call? Do you know who made the 911 call?

@nickv1008 Год назад

@@GustitisLaw I HAVE A REDACTED COPY OF THE 911 CALL, THAT PROMPTED A TRESPASS TO THE SHERIFF. (since I rent a storage unit from this company, and have 24 hour access, legally I cant be trespassing.) THE MARCI LAW REDACTIONS RESULT IN A 5:30 MIN RECORDING WITH 20 SECONDS OF LOCKING THE DOOR AND FREAKING OUT, FOLLOWED BY 5 MINUTES OF REDACTED SILENCE, THEN 10 SECONDS OF CALM CALL US BACK IF NEEDED. MARCI'S LAW FLIES IN THE FACE OF U.S. CONSTITUTIONAL GUARANTEE TO FACE YOUR ACCUSER, AND RIGHT TO KNOW THE EVIDENCE AGAINST YOU. IT IS UNLAWFUL TO HAVE SOMEONE EDIT AND REDACT WHAT COULD BE EXCULPATORY EVIDENCE, OR THE MENTAL STATE OF THE CALLER, OR THE IMMEDIATE THREAT, OF LACK THEREOF TO THE CALLER. IT MAY RESULT IN TRIAL BY AMBUSH. so in a 30 second nutshell, justice is denied.

@nickv1008 Год назад

@@GustitisLaw after discovering a pistol on the " trespasser" ( fla permit wx1570033) and machetes in the locked vehicle, sheriff deputies entered the office and ( in my opinion colluded with the caller to ) use the weapons as reason to arrest the detained individual for felony aggravated stalking. The laws on stalking seem vague, and undefineable, like stalking is stalking? The sheriff report indicates the "trespasser" entered the office and uttered a threat, which couldn't have happened, since the door was locked until the sheriffs went inside to interview the caller. All this should have been recorded by the storage company's surveillance equipment, along with recording the 911 call, and conversations inside the office.

@amilibitches 4 года назад

What is code 28.01

@GustitisLaw 4 года назад

What State?

@kinograham3543 2 года назад

What should the indictment say on it Wii my :while in the commission of or attempt to commit another felony to-wit:robbery,1st degree,13a-8-41 and in the course of and in furtherance of said crime that the said kino f graham was committing or attempting to commit,or was in immediate flight therefrom,kino f graham or other participants,to-wit: Michael Craig Maxwell and Thomas Dale Ferguson, did cause the death of Joey Pugh,by shooting the Said Joey Pugh in the head with a handgun,in violation of 13-a-6-2-3) of the code of Alabama,against the peace and dignity of the state of Alabama thank you for listening to me thank you

@kinograham3543 2 года назад

Need some help thank you

@GustitisLaw 2 года назад

You need to remain silent and hire a qualified criminal defense lawyer in Alabama immediately.

@mattadams1370 4 года назад

I have bipolar , PTSD. A cop was driving around with his spot light on and he blinded me with his light. It was a set off for my mental disorder. I then blacked out and said hey. He back up listen to me I guess making threats I was told. I was in a state of my mind was not in the right. He I guess recorded me he say. I apparently called the offices and made threat for him to stop with the spot light. Now I'm charged with 3 misdemeanors. I have pretrial in August. I done pleaded not guilty. Can't afford a lawyer. Was told by judge that my fines are not required jail time but was also told jail sentence. But still not required. I don't get it. All the help I can get would be appreciated.

@GustitisLaw 4 года назад

You need to ask the court to appoint you an attorney. The attorney will apply for funds to hire an expert to examine and evaluate you to determine whether any of your underlying conditions can be used in court. Good luck.

@mattadams1370 4 года назад

They said if no jail time then they wouldn't appoint me a lawyer.

@GustitisLaw 4 года назад

@@mattadams1370 Then you’ll need to hire one for yourself.

@mattadams1370 4 года назад

Okay thank you.

@jonathandoreck7467 Год назад

I need help and advice.

@GustitisLaw Год назад

What help do you need?

@freddykruger5081 3 года назад

Just wanted to ask you a question a friend of mine was badly addicted to drugs and robbed to pharmacies in some way they had all the evidence in the world they had his fingerprints and the vehicle he was driving but he admitted to doing this under duress from another individual he had masks on in both of the robberies could his lawyer suppress and get the mask thrown out therefore the prosecution nor the witness could prove for 100% that it was actually my friend that robbed that pharmacies how could this be done he told the police everything and where the mask was that they were very lifelike mask they cannot prove its him but the police have the mask can this be may be suppressed and one of the trials also is lawyer is trying to get a diversion program he's never been in trouble he's 36 years old he'd only been in trouble when he was 19 for underage drinking not even a speeding ticket until these two pharmacies which he claims a gentleman was forcing him into by pulling a gun on him telling him he would hurt his family I do know that he passed a polygraph

@GustitisLaw 3 года назад

What would be the legal basis for suppressing the masks? The evidence must have been seized as a result of illegal police activity, otherwise it is not suppressible.

@freddykruger5081 3 года назад

@@GustitisLaw I called you sir i feel like you might be able to give me a little Advice to tell my friends dad i mean the boy can't read or write and he has Schizophrenia bipolar anxiety depression and a suicide attempt

@freddykruger5081 3 года назад

@@GustitisLaw if you have a client that is mentally ill and has done some things bad how would you represent them in court if they are very mentally ill

@mikeleija224 3 года назад

Why do defense lawyers don’t tell you what’s in your discovery instead they try plea bargining

@GustitisLaw 3 года назад

Your defense lawyer should share the contents of the discovery with you. Knowing what the evidence is should help you make a decision about plea bargaining. Approach the lawyer in this way and see what happens.

@RR-yy2xm 2 года назад

Thank you for the info. . My 18 yr old daughter was taken to another state by a boyfriend and his parents who used a cult-like religion to mind manipulate her, they used fear tactics and deception, and later she was physically abused, when she tried to get away from them can this be considered kidnapping?

@GustitisLaw 2 года назад

Contact the police and their responsibility is to investigate. If they believe a crime was committed, they will refer the case to the prosecutor. I'm sorry this terrible thing happened to your daughter.

@juderichardmakeboldmovessp5078 3 года назад

I’m charged with criminal but completely accidental with complete safety in mind and applied. I’m a disabled veteran and highly trained navy gunner. My Glock was emptied in the country until click click went to cousins home went to break it down for cleaning didn’t know a bullet was in chamber that didn’t fire first time dud. I completely thought it was empty as always never happened before I in order to slide the slide forward for disassembly pointed it out the window to the ground I could see everything and all quiet as always no one around and it went off second time went trough window I was stunned I paid him 300$ for the window he took me home. Later that day I was arrested in jail days now have an arraignment in my small village weird and as told in jail November court date never said nothing about arraignment this month. I’m confused I’m ex ,imil honorable with no criminal back ground at all before this. What am I up against?

@GustitisLaw 3 года назад

That's impossible for me to speculate about. You will need your own criminal defense attorney to help you understand the charges and to help you develop a defense. In the meantime, remain SILENT and speak to NO ONE about this case until your attorney is either hired or appointed by the court.

@tylerstevens7007 Год назад

Skip to 1:40

@GustitisLaw Год назад

I like everything between 0 and 1:40.

@jeremyhardig8441 3 года назад

Will a search warrant for a gsr stick if they don’t even have my name rite example my names Jeremy lee and the warrant states Jeremy dean

@GustitisLaw 3 года назад

Administrative typographical errors are not usually enough. But you should pursue a motion to suppress, nevertheless.

@jeremyhardig8441 3 года назад

Thanks again

@OscarRamos-ql4io 3 года назад

Does a victim of assault of family member obligated to testify in Texas?

@GustitisLaw 3 года назад

If subpoenaed, then yes.

@AE-hg4eh 4 года назад

Imagine that a Prosecutor has indicted 20 people as part of a drug conspiracy case. If you were the attorney defending a person accused of being a messenger in the conspiracy, what pretrial motion or motions would you make? Explain why?

@GustitisLaw 4 года назад

The first thing I need is access to all the evidence in the case. I cannot decide on what motions to file unless I know what I'm working with. A motion for discovery would be a good start.

@AE-hg4eh 4 года назад

thanks

@tommyvlogs9926 Год назад

In a criminal case can the victim file a motion to dismiss

@tommyvlogs9926 Год назад

And if no is there any way the victim can help the defendant to not go to jail ?

@GustitisLaw Год назад

@@tommyvlogs9926 Only a prosecutor can file a motion to dismiss. Whether the victim can help the defendant depends upon the totality of the facts and circumstances surrounding the case.

@josephallen4467 2 года назад

Are you an attorney in Illinois Chicago Illinois

@GustitisLaw 2 года назад

No I am not. Texas

@ali-efeisik8933 4 года назад

Why is it important for a witness to have personal knowledge on what they are testifying about?

@GustitisLaw 4 года назад

The personal knowledge rule was designed to assure only first-hand testimony is presented to the fact finder. Without personal knowledge, the witness must rely upon SOMEONE ELSE's first-hand knowledge of the events. That type of testimony lacks any indicia of reliability. Personal knowledge and the rule against hearsay are intertwined.

@ali-efeisik8933 4 года назад

Gustitis Law thanks

@steverempe8601 2 года назад

How can call in for attempted murder and no one knows where call is from and who made it

@GustitisLaw 2 года назад

I have no idea.

@markhamilton8728 Год назад

I suspect that the prosecution has not turned over all evidence and if they do it will be with maybe 2 weeks notice.

@GustitisLaw Год назад

Make sure you are making the record clear that not all discovery has been provided.

@daniellegay7645 Год назад

I have a case coming up where I believe my ex bf from 7 yeas ago mom created a Facebook with my name and photo and has been messaging his wife and said I will come mark your car upand the next day it's marked up also sent her another message stating I was going to run her over after court. I went and took a polygraph test in regards to them and there was no deception. I have pre trail 1/6 and can't afford and attorney. What should I do ?

@GustitisLaw Год назад

I have no idea, other than to REMAIN SILENT and answer NO QUESTIONS. Apply to the court for appointed counsel who will fully investigate the facts and provide you with advice about how to proceed. I appreciate your question.

@jbunnymac4868 2 года назад

ok so I commented on another video of yours but I just realized they never read me my rights. that's something else on my side. one thing is it legal for them to charge me with selling/distribution less than half g of coke

@GustitisLaw 2 года назад

They are not required to read you Miranda rights. That is TV law. The only time your “rights” come into play is custodial interrogation. That’s when they must read Miranda.

@jbunnymac4868 2 года назад

ok what about cases with no statute of limitations for police officers also on the Miranda rights thing. I more or less am wondering if the evidence and statements he thrown out

@GustitisLaw 2 года назад

@@jbunnymac4868 What about cases with no statute of limitations? Those should benefit public, should they not? The statements might be suppressed if Miranda was legally required at the time the statements were obtained. Did this answer your questions?

@jbunnymac4868 2 года назад

@@GustitisLaw no I mean attempted murder cases police

@GustitisLaw 2 года назад

@@jbunnymac4868 Sorry, I still don't understand your question. Are you asking whether attempted murder cases have a statute of limitations?

@lynnbob835 2 года назад

How can they drop drug charges on someone who had the storage in there name and the only one who did anything with it and charge someone else and drop the charges on the person who had the storage bin

@GustitisLaw 2 года назад

Since I have no idea what the evidence is, I have no idea why. Clearly, the government believes they can prove the case.

@lynnbob835 2 года назад

Not in the home of the friend

@dalewilliams6 2 года назад

Can I ask,the pd to ask the Question that i have written down to ask in pre-trial. Remember it's my future)

@GustitisLaw 2 года назад

It depends what the question is. You are not entitled to ask anything you want. It must be relevant to the proceeding and comport with the lawyer's strategy in the case.

@savvylady3366 4 года назад

Mr. Gustitis, I'm in Utah, I'm 62, senior citizen, disabled, SEX(female), not married, selibit over 25 yrs. Had guest became angry, I was not going to cave, nor be his girlfriend, so he slipped multiple large amounts, of date rape drugs in my drink at my home, as soon he was done, police arrived, by this time I was NAKED! ASLEEP! SNORING! inside my home, laying on my couch, when a deputy police officer just opened up my closed front door walked inside, arrested me, not tell me why, nor once read my miranda rights, he had ambulance on their way 2 minutes cops were inroute, i was set up to be tortured. Even though ambulance drs took my vitals, advise in video im ok, still proceeded to take me to ER HOSPITAL no consent, no consent to ride in ambulance, either. Why would they suddenly need consent to test blood for drugs or intox levels? Can i use this as my defense pretrial? If so how? And how can i get suppressed EVIDENCE opened to court to show i had been a live target to practice TASER DART PROBE WEAPONS? Brutilized before and after pics off video. Alleged i kick a cop in ER HOSPITAL. And how can a ER HOSPITAL allow entrance to or have over 8 different security staff hovering around me in the ER bed, over ten in my room at once, acting like their holding me down when you see me no signs of resisting kicking, not even moving in video, except they all ask me to read them a little story, all laughing at me, insinuations upon me, embarrassed, insulted, traumatized, and have missing parts off video cut out when i was tortured...has been suppressed ? HELP ? ANY WAY?

@GustitisLaw 4 года назад

You need an experienced criminal defense attorney to help you. They will review the evidence, facts, and the law to answer your questions posed in this comment. Please remain silent and speak only to your attorney. Thanks for visiting and good luck with this important case.

@bethboyer6929 2 года назад

I was never mirandized, however don’t have proof.

@GustitisLaw 2 года назад

Miranda is irrelevant unless you are subject to custodial interrogation. Otherwise, they are not required to tell you.

@sharonfunk199 4 года назад

I tried to get my ex-boyfriend out of my room/house and grabbed his shirt, it ripped and then he pulled a knife on my, punched himself in the face and said I did it. I have to go to diversion and my understanding at the diversion program I have to admit my assault to him. Well grabbing his shirt I guess is an assault but minor, will I qualify to be in the diversion program? If not what other options are there. I don't want to go trail and my first criminal offense and just want it dropped and over with.

@GustitisLaw 4 года назад

Whether you qualify depends upon the standards set by the individual prosecutor's officer regarding these types of charges. Your other option would be to defend yourself using the court system. The best way to decide is with the help of a qualified criminal defense attorney. They will review the law and evidence and help you decide what might be best. Lastly, it's best to fight the urge to just "get it over with." Remember, you will struggle with the consequences of this case for many years to come. Your decision must be reasoned and thought through with the long-term in mind.

@selenehurtado1254 3 года назад

Can I hire you for California

@GustitisLaw 3 года назад

I am not licensed to practice in CA. I do appreciate your vote of confidence, nevertheless.

@brettwallace6163 2 года назад

If u go into a conv. store and there are 5 6 7 officers inside after midnight u don't drink and they begin to fuk with u because they have nothing to do and all night to do it. Give u a breath test u pass. How many tests r they allowed to give you aftér that. Eyes. ABCs etc.

@GustitisLaw 2 года назад

Hire and discuss this situation with a criminal defense lawyer immediately. They will review the evidence and law applicable to the case and give you advice.

@josemadera7950 Год назад

I understand the purpose of this channel however I am wondering would you consider a private conversation ?

@GustitisLaw Год назад

Sure. Please contact my office and schedule a visit with me here in the office so we can discuss the case and get to know each other.

@kinograham3543 2 года назад

I Kino Graham pleaded on 8-25-98 in Colbert county Alabama I have a change of venue just in Jefferson county Alabama to change again you never took place Colbert county case number snow on record for murder but I have a case number on Jefferson county for murder

@GustitisLaw 2 года назад

I wish you the best of luck defending this serious and important case.