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Boy I wish I would have known this a few years ago. Thank you standing up for whats right sir. You rock , dont stop putting out this vital information. God Bless
@@iom2484 you were outside of the car and the FRIEND more or less ratted on you for having cocaine in the car? Was it your car? Did you have care and control of the car?
I have never seen anyone's channel quite like yours you really seem to care about clients and even the general public by giving us this knowledge that no one else seems to be willing to give out for free it is absolutely been life changing for me and my best friend so from the bottom of our hearts we do so appreciate would love to actually meet and shake your hand but since that is not happening now wanted to at least let you know that we greatly appreciate this channel and what you were doing with it you have a real gift for explaining the law and just the brilliant ways that you have the knowledge and express it and are willing to do for free or just really cool last of a dying breed man thank you
Thank you for your video. My husband is a 69 yr old Vietnam vet who has always denied PTSD to the VA doctors, yet he tells me he signed a sworn oath to never tell another soul about parts of that war. He had success in recovey from drugs/alcohol for a long period but succumbed and is now incarcerated where it looks like they intend to throw the book at him. Due to other circumstances, we can't afford legal representation yet the Public Defender office says he receives too much for them to be allowed to help and that he will have to represent himself. I am just now finding that my husband returned forms to them that he did not fully understand how to do. I am wondering how they couldn't see the incompletion on the form and allow me to finish it for him. If he is unable to complete the form, how can they expect him to represent himself? But again, thank you for the knowledge you provide to those of us who really need to know.
You did not tell me what he is charged with. He is constitutionally entitled to a defense attorney. Keep trying until he gets one. Good luck with this difficult problem.
@@GustitisLaw Gideon v. Wainwright of 1963, SUPREME COURT DECISION, established the right to counsel under the Sixth Amendment, regardless of a defendant's ability to pay for an attorney. It mostly left the standards for determining who qualifies for legal representation at public expense to the states
YOUR HUSBAND FOUGHT FOR OUR RIGHTS and TO PROTECT THE CONSTITUTION, WHILE IN THE MILITARY.. HIS 6th AMENDMENT RIGHT GUARANTEES HIS RIGHT TO AN ATTORNEY, FREE OF CHARGE IF HE CAN'T AFFORD IT, THEN THE STATE PAYS THE COSTS.. YOUR HUSBAND SWORE THIS and SO DID LAWYERS, JUDGES, PROSECUTORS, COPS, and UNIFORMED EMPLOYEES OF OUR GOVERNMENT.. SO WHY DON'T THEY HOLD EACH OTHER ACCOUNTABLE FOR MISCONDUCT ?? THEY DON'T WANT TO LOOK LIKE A SNITCH TO THEIR FELLOW CO WORKERS AT THE COURT HOUSE, THUS MAKING THEM ACCESSORY TO THE FACT, CO CONSPIRATORS, AND JUST AS EQUALLY GUILTY AS THE ONES VIOLATING THE CONSTITUTION AND AMERICAN'S RIGHTS.. THERE ARE SO MANY CIVIL RIGHTS VIOLATIONS TAKING PLACE AND IT'S TIME FOR JUSTICE REFORM.. WHY WAIT TILL THEY DO IT TO OUR KIDS AND GRANDKIDS.. THEY HAVE ALREADY VIOLATED OUR RIGHTS AND YOUR HUSBANDS... LIKE DR. ML KING JR., WE MUST STAND UP AGAINST INJUSTICE AND INEQUALITY... Oaths of Enlistment and Oaths of Office The wordings of the current oath of enlistment and oath for commissioned officers are as follows: "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962). "I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God." YOUR HUSBAND'S RIGHT TO LEGAL COUNSEL WAS AFFIRMED BY A US SUPREME COURT DECISION in 1963 called Gideon v. Wainwright of 1963, SUPREME COURT DECISION, established the right to counsel under the Sixth Amendment, regardless of a defendant's ability to pay for an attorney. It mostly left the standards for determining who qualifies for legal representation at public expense to the states... THIS IS WHAT HAS BEEN GOING ON WHERE I LIVE IN PHOENIX, AZ.. THE ACLU of AZ SUING THE MCAO IN FEDERAL COURT FOR MISCONDUCT AND CIVIL RIGHTS VIOLATIONS... MARICOPA COUNTY ATTORNEYS OFFICE PRACTICING PROSECUTORIAL MISCONDUCT AND VIOLATING RIGHTS... A FEDERAL CLASS ACTION LAWSUIT IS BEING LITIGATED IN FEDERAL DISTRICT COURT... th-cam.com/video/ItylhAyc_bw/w-d-xo.html
I also need|d to ask you , who can I go to look into my brothers matter he has been incarcerated for 13 year in AZ for something he didn't do. Assoult to a police officer,. And for taken a car fronm an old lady . For those two false accusation he will spend 12 more years. Any help? Thank you in advance!
I love how you explain things in a way that's really easy to understand. I'm not sure where you practice, but I'm in Charlotte NC and recently charged with possession. I am 50 yrs old and have no record. My husband is an addict and we had an argument one night over him going to rehab. I'd found a couple of baggies and straws, put them in my bag and ran out of the house. Literally to cool down and dispose of those items. Didn't even have shoes on. I was pulled over by county because my tag expired and I couldn't pass Inspection. The deputy almost immediately started insinuating drugs in the car, which to me, was very strange. Especially considering I have no record or runins with Leo. Not knowing any better, I halfheartedly gave consent but made it very clear that over the last week, my husband's friend had been in the car and even had backpacks in the back. Being upset still from the fight earlier and a wreck from the traffic stop in general, I struggled to think clearly. I did tell them that I'd gotten some things out of the house to dispose of but they only had tiny bit of residue. During the search, they found the baggies I'd spoken of and in the back, two pipes and straws. All with residue. Despite my efforts insisting they weren't mine, I went to jail for everything. If convicted of these felony charges, I risk losing alot and it will effect my life tremendously. And I don't even use. Can you tell Mr how to go about this? It just seems so unfair. And I will never admit to things that aren't mine nor take a deal for something that I didn't do. Any suggestions are welcome! Thanks!
I'm sorry this is happening to you. But since I have no access to the evidence, facts, and law in the case, it's impossible for me to give you any opinions about it. However, I do recommend remaining SILENT about the case and answer NO QUESTIONS about it. Hire a qualified defense attorney in North Carolina immediately to review the evidence and law and give you advice about how to proceed. Thanks for your kind words and I wish you the best.
I was pulled over in a convenience store parking lot, I was already out of the car ready to pump gas and they pulled in w/lights on they told me there was a beer can in the back of the car and that they had the right to search the car and me and if I had anything it would be better for me to give it up now so i got it out and handed it over to the strike force cop he then handed me his card and told me to call him in a day or two to see if I could help them and then I drove away. 2 days later I called him and told him I wish I could help him but I didn't know what it was that he wanted and he told me to call him back after I thought about it and about 4 days later I called back and told him the same thing i didnt know how he wanted me to help and he said ok and about a week later I got a ticket in the mail for positions of controlled substance,not stopping before sidewalk, no registration. It was a borrowed car and that was taken care of the next day or two. I did stop before the sidewalk and I did have a passenger w/me.
It's insane how they treat personal drug users, many of whom lead normal lives, like criminals. Especially those who only smoke cannabis. It is also insane that this drug is still treated like a Class A. Even heroine addicts should he treated as sick, not criminal. People who start taking really hard drugs are usually in a lot of emotional pain stemming from childhood.
ROBINSON V. CALIFORNIA is a Supreme Court Decision 1962.... Robinson v. California, 370 U.S. 660 (1962), is the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime. In Robinson, the Court struck down a California law that criminalized being addicted to narcotics.. THIS WAS THEIR 1962, VERY 1st LANDMARK RULING AND DECISION IN THIS 8th AMENDMENT RIGHT VIOLATION.... Supreme Court ruling in Robinson A fragmented Court reversed the state's judgment. The main opinion, by Justice Potter Stewart (joined by Justices Warren, Black and Brennan) in combination with Douglas's concurring opinion, recognized that drug addiction is a disease, and that it is unconstitutional to impose punishment for having a disease.[10] Justice Stewart wrote that even "one day in prison for the 'crime' of having a common cold," would be cruel and unusual.[11] Additionally, Justice Stewart's opinion, in combination with Justice Harlan's concurring opinion, held that it is unconstitutional to criminalize behavior in the absence of a guilty act, or actus reus.[12] Justice Stewart's opinion focused on the unconstitutionality of punishing a mere status or condition,[13] Justice Harlan's concurring opinion focused, however, on the unconstitutionality of punishing a "bare desire."[14]
@@GustitisLaw Why hasn't there been any more precedent rulings from this Supreme Court Decision in 1962... They know it's a mental Health Problem and should be dealt with by the DEPT. OF HEALTH, NOT THE DEPT. OF CORRECTIONS.... ADDICTS ROBINSON'S RIGHTS HAVE BEEN BEING VIOLATED SINCE THE 60's and especially the 80's WITH REAGAN'S DRUG LAWS PUNISHING THE SICK.. ALSO A VIOLATION OF THE AMERICAN'S WITH DISABILITY ACT, SOCIAL SECURITY ACT, and probably more DISABILITY PROTECTIONS AND ACCOMADATIONS.. IT'S DISCRIMINATION, OTHERWISE PROSECUTE THE DIABETIC SHOOTING UP INSOLIN LIKE A HEROIN ADDICT.. EQUAL PROTECTION UNDER THE LAW. 14th AMENDMENT VIOLATION under EQUALITY CLAUSE.. THIS COUNTRY IS SO WRONG for VIOLATING AMERICAN'S RIGHTS.. THEY can prescribe you LEGAL METH such as METHODRINE OR DESOXYN.. DISCRIMINATION against the POOR INDIGENT AMERICANS, not having a doctor to prescribe a ADHD patient DESOXYN, which is METHAMPHETAMINE HYDROCLORIDE.. Instead they would rather DEPRIVE that person his medication and forcing them to turn to a black market, without any quality assurance, then LOCK THAT AMERICAN UP, just for Possessing Non Pharmacy Taxed Medication.. TAXATION WITH REPRESENTATION.. So the rich, educated, and privately insured upper class middle America has a Prescription Taxed Medication, who doesn't go to jail, while all the lower middle class poor and uneducated are Discriminated against, placed in jail cells, and having their Robinson's Eights Violated for being sick and having a disease that the DEPT. OF HEALTH WON't TREAT... SAD and what's even sadder, is thaat AMERICAN'S DON'T EVEN KNOW THIS IS WHAT'S REALLY GOING ON. SUPPOSE TO BE TREATMENT, NOT PUNISHMENT.... Supreme Court ruling in Robinson A fragmented Court reversed the state's judgment. The main opinion, by Justice Potter Stewart (joined by Justices Warren, Black and Brennan) in combination with Douglas's concurring opinion, recognized that drug addiction is a disease, and that it is unconstitutional to impose punishment for having a disease.[10] Justice Stewart wrote that even "one day in prison for the 'crime' of having a common cold," would be cruel and unusual.[11] Additionally, Justice Stewart's opinion, in combination with Justice Harlan's concurring opinion, held that it is unconstitutional to criminalize behavior in the absence of a guilty act, or actus reus.[12] Justice Stewart's opinion focused on the unconstitutionality of punishing a mere status or condition,[13] Justice Harlan's concurring opinion focused, however, on the unconstitutionality of punishing a "bare desire."[14]
do you have any suggestions for addressing constitutional violations when a judge refused to hold accountability for signing third party unconstitutional blanket warrant and refuses to suppress and dismiss to sidestep accountability
Your videos have eased some of the anxiety that has taken over my head. I have a few speeding tickets from my past and a Marijuana possession charge that was dropped back in 2018 (it is not on my record because it was reduced I paid a fine and that was that.) On the 3rd of this month I was pulled over in a Walmart parking lot because I hit the gas on the main way out of the lot towards the actual street and was doing, maybe 25-30mph. I saw the cop and just slowed down knowing I was going to be pulled over. The red and blue lights came on and I pulled into a parking spot and got my info ready for the officer. I rolled my window down and started to hand it to the cop and she proceeded to ask me if their were any guns, drugs, etc and if she could search my car if it came down to it. I didn't think that a search would happen because it never had before, there was no probable cause, I was being kind and obedient, and every time I have been pulled over the office asks me those questions. So, because my mouth opened before my brain could process anything I said yea with a shrug. First off, she never said why she pulled me over in a private parking lot. As I'm waiting for her to come back an officer that thinks he knows me taps on my passenger window with his flashlight. He asks about my son, and how my husband and I are doing blah, blah, blah, I shoot the breeze with him then he says he can't hear me and walks around to my window. I smile and continue shooting the breeze when he opens my door and asks me to step out. I ask him why and he says "well you gave her permission to search your car so I'll need you to step out." Scared, uneducated in criminal law and a person's rights, I ask him why again and he starts to get upset saying again I gave the other officer permission to search. I didn't want this cop to say I was resisting or being difficult so I got out of my car. As the female cop starts searching my vehicle I keep asking the male cop why are they searching my car. I didn't use the words probable cause but I still asked why amd that they shouldn't be doing that. I start to get emotional and the male cop looks at me and angrily says that if I keep it up he's going to put DUI charges on me. At that point I swallowed my gut shut my mouth and closed my eyes. They found almost a gram of cocain and a little under 4 grams of meth as well as a broken meth pipe. 2 felony possession charges and a misdemeanor paraphernalia charge. The male cop tried to say that I had broken the pipe when I first got pulled over but I laughed and told him I didn't even remember that I had it, and that was already broken. Of course I'm arrested and booked. I have never been in handcuffs, I have never even been to jail. I was released the next day on my own regard...? I don't think that's the right word but I have pretrial. I hardly do drugs and when I do it's to help my mental health issues. I feel like the cops did something wrong and I just need to figure that out. Do you observe anything in my police encounter that could help me? Here's a little background between myself and this male cop. He has had it out for methe day he met me it feels like. A few months ago a "neighbor" called the police saying I was outside yelling at another neighbor, 100% false I told him that I hadn't even been outside and that it was really weird someone would do that. After he left he sat in his vehicle for almost 2 hours. Will a week later, a neighbor called the cops saying I was yelling that was all that was said by this male cop when I opened my door. I was not, I was inside with my children. I had been cleaning the whole day, never once yelling. I told this cop just that and that is a little upsetting someone keeps making false police reports. This time he said he was going to take me in if he had to come back. I had called the cops a week before these two encounters with him because my husband and I were arguing and I just wanted it to stop. The male officer and 2 others came, pulled us both to the side and the 2 unknown cops talked to my husband while this male cop talked to me. Our conversation might have lasted two minutes. Anyway this cop has been out to get me because I know my neighbors (I live in a condo) and they have never called the cops on me or my husband, and we have been living there for 3yrs and 3 months. 2 of my neighbors have been there for 2 yrs and another one just a year, we all know each other and say hi when our paths cross amd celebrate the 4th together, but never have the cops been called despite some of the arguments I know they have heard through the walls. And it seems like the 2 reports made by a "neighbor" are BS. Fun fact about me I have mental health issues but it's not like I need to be institutionalized or monitored. I have been off my meds for a year and have been looking for a doctor being very unsuccessful as it's almost impossible to get an appointment with one that will help amd/or is available. I hadn't done any of the coke, i don't know how, I've never done it before and it has never sounded like something i want to do, why waste my money. It was given to me amd my husband by another neighbor for our wedding anniversary. Neither one of us touched it and it e went forgotten in a tiny super in my wallet. Shame on me! The meth i had just gotten that day and have been an on and off user for a year, never really got twacked out, never stayed up through the night, it was just the only thing i could think of to use to substitute for ADHD meds. I have ADHD bad, possibly PTSD, tons of anxiety that sends me into a tunnel, and bipolar. I'm a stay at home mommy with a 4yr old and a 19 month old, and my husband (I should say partner because we are not legally married on paper) who just started his own businesswho need me. I'm scared, I'm a wreck, and my brain is trying to protect me by not letting the severity of this sink in. If you have time what's your take on my case? What should i do that you might not have mentioned in any of your videos that would help me? I am so thankful for you and your team. The videos you are creating are a blessing for so many people. Thank you doesn't seem to be enough to show gratitude, you're one of the good guys. I appreciate your time, understanding, and help. I hope you are having a beautiful week.
4:25 He talks about searches of car and finding drugs in your car. Almost your exact situation. Unfortunately you gave the officer permission to let them search your car. Whatever they found, its on you. Your best bet is going to a treatment program before court to show them you're trying to get help.
With tears in my eyes and fear on my brain, I came to this video in hope for answers, when you said “attorney” I cried harder. My thoughts: How am I going to afford this and possible fines? Why is it so hard living in this country? I’m considering just ending my life might be my best solution.
Gustitis Law you taking the time to comment really means a lot. I think I should just show up for court and pray for the best. I really have no other options seeing I’ve never gotten in trouble before.
Gustitis Law but it’s in Kentucky, a state I was driving through. I’m a woman of color, how do I know this attorney is actually trying to help me? I’m sorry, I’m just so scared. I don’t want to go to jail, I don’t want to be a statistic neither but I guess the boat sailed.
@@whoisCH3DDAR It's their job to help you. It's their ethical duty to help you. They create a better career for themselves if they help you. That's how you know.
So i got into some trouble 3 years ago and was charged with Possess, w/intent sell, sch I or II cont sub or flunitrazepam/GHB, 1stPossess Schedule I Or II Controlled Substance Less Than 14 Grams, First Or Second Offense (Before i tell you my story, just a heads up there might be some things that i added that you might find unnecessary. Im just hoping you can give me youre oppinnion and have the entire story. Also on what i might be facing in order to leave this all behind me. I have an active warrant in nv At the time of my arrest i was hooked on heroin and multiple other things. I quit heroin 6 months ago cold turkey. i have a few misdemeanors on my record all drug related and 1 petty larceny charge on my record i got time served for those. Im 28 been to rehab twice. As soon as i started heroin 4 years ago ive been to jail a total of 10 times for getting caught steeling with having paraphernalia on me, not following court orders like drug testing and checking in. Was the main reason for my arrests. See what had happend was..... lol A guy i had just meant a couple months prior to the arrest showed up at my spot one night completely out of it, under the influence of multiple things he was a complete wreck then . Before he showed up to my place i was in the process of finding a way to go pick up a girl who i also just met a couple months prior whos bf just died she was having a mental breakdown and asked me to pick her up. So the guy friend that showed up, sobered up a bit or at least i thought... He was all for picking my friend up. We pick her up head back to my spot. Not even 2 mins after my buddy is driving he swerves and barely a cm away from side swiping a car. I yelled at him and told him to pull the hell over im driving! This girl was under the influence as well having the worst panic attack ive ever scene shes in the back seet literally stabbing herself in the neck repeatedly as if it was a knive. So im driving..... and buddy is in the passenger seat being obnoxious making a shot for him and her both i was beyond pissed i kept saying wait until we got to my place they weren't having it. After the two are yelling in my ear for me to pull into a 711 parking lot i do i go in the store to grab a drink and these two are shooting up in the car to where everyone could see. I go pay for my drink and the clerk was highly upset and told me what they were doing and told me to leave. Im pretty sure the clerk called the cops I rush out there and inform my "friends" they thought i was exaggerating. We finally get to my place and i have to practally carry both of them one at a time all the way to my trailer it was a flat out nightmare i finally fot them both inside and the entire time shes destroying my trailer spilling red drinks going through my things just making a mess i had to grab the girl by the throat and put her and her things outside i tell her to leave she does after hours of trying.i felt horrible but i couldnt handle it anymore In the meantime this dude is wandering/stumbling around the property he was dropping his drugs and money everywhere i was looking out for him and gathered erything he would drop and then put it in a grocery bag. keys, multiple "ready to go baggies of heroin and meth" ghb, Xanax,. After she leaves im fighting with the dude cuz he wanted his keys i was not letting him drive like that i tried calling his dad to get him but nothing i found out later on the cops picked him up and took him home. At this point im freaking exhausted the next morning still no sign of him i drive his car to the store 1 min away to help afriend jumpstart his car and had all his things in the grocery bag in my purse on my way back home i began to take a left turn ( i live on a dirt road so the gravel covers the actual road a little bit so i turn to early and there are already two sherrifs at the intersection waiting for me i think they had been following me since the 7elleven incident anyways im just 3 seconds away from my house and they pull me over for being on "the wrong side of the road" two cops walk up to me one at each window shinning flash lights in the car there is a little part of a necter collector kind of sticking out the middle concel i had no clue about so he began to tell me to step out of the car i told him it wadnt my car and they dont have permission but they continued to do so anyway they tricked me and asked if the purse was mine and i said im not sure cuz i had other bags in the car with clothes in them that i didnt admit to all be mine but he opened my wallet and saw my id so he said it has to be my purse they got me there i said yes and they charged me with all this guys stuff this happend in 2021 i havent been convicted yet i got bailed out 2 times for these charges and havent been in trouble since. I want to just do the right thing and turn myself inand get it over with should i plead guilty, not guilty, go to a bail bondsman b4 i do? Im so stuck and im so sorry this is so long plz help.
Hello.first off thanks for putting yourself out here to help inform the public. My question stems from an arrest last night by a conservation officer. My friend and I were fishing on a river side around1130pm very dark night.he obviously saw my friend smoking a marijuana pipe and approached him on foot with out announcing himself or any type of flash light he walked up and said give me the pipe.then asked if there was any more pot. My friend did what he thought was the best thing and have the officer a small personal bag. The officer asked me if I had anything and I did not. It's also charged with possession because he claims to have watched us pass it to one another. This is in Indiana. Wondering any defense that may work in my favor my friend even asked why I was being charged when he was the one in possession. Tiger officer called it possesion of something I don't remember
You will need to discredit the officer’s testimony about seeing the both of you passing the pipe. What does the officer’s report say about smelling marijuana on your breath? You’ll need to discredit that too. Next you’ll need to consider whether you will testify in your own defense. Those are a few ideas to consider. There are others.
@@GustitisLaw thanks fort quick reply I think discrediting seeing me actually with the pipe should be no problem add fat as smelling on my breath he never mentioned it
@@ryansmith7316 He doesn't need to mention all the evidence he observed. If he did observe something, he's trained to write it in his report. Remember, discrediting a police office on the witness stand can only occur when the cross examiner is an experienced advocate. 99% of non-lawyers are incompetent at effective cross examination.
How many times is considered normal or within legal limit to have drug dog circle your vehicle? What actions is the cop within his rights to do while waiting for drug dog to alert , how long is cop within his rights to wait by car with dog waiting for dog to alert?
I'm trying to go into the military and got caught with new and my friend he pled no Contest I said I need more time so what I do I csnt go in of I get this charged with a mip please help
You need to hire a qualified criminal defense attorney to help you. It sounds like you have much at stake with a potential military career hanging in the balance. Try to Google criminal defense attorneys in the town where this happened. That will give you a starting place for locating appropriate legal representation. Thanks for watching!
If a house was searched at 12 and a search warrant was issued at 5 but did not include searching for drugs and cancer patient medicine was found and obtained and person was charged for manufacturing and delivery can a motion or something be filed to get the trial dismissed?
Plead not guilty and hire a criminal lawyer to defend the case. The lawyer will review all the facts and evidence and advise you whether the prosecutor can prove guilt beyond a reasonable doubt. They will also explain your options about how to resolve the case. Either by trial, by plea bargaining, or a combination of the two. Thanks for watching.
What or how would you suggest a person after completing all requirements and not re-offending get their rights restored and record exsponged of a felony for distribution? i just would like to be able to purchase a firearm for protection again leagally that is.
6 yrs ago while working with a man I dated, a DV incident occurred, cops arrested the man for DV, meanwhile another cop proceeded to search my car which had been parked for hrs, DV call had not been in the car, they found a trace amount of drugs in the purse in the car & arrested me for possession, they also kept me at the scene while making lewd & rude comments, laughing at me bc I also worked for a LE agency/clerically. Deputy cuffed me so tight my wrists were bleeding, I asked repeatedly to loosen them. They never counseled or asked if I needed treatment as the victim of the DV assault against me. I appeared 1x & bc of medical condition I was unable to appear. Case is not adjudicated yet, have a FTA, & I have never been in any trouble before or after - the drugs came with the DV date I was with. I have not even spoke to a public defender. I need to clear this up, what are my options. Also what is considered a useable amount in CA?
I have a question: so my uncle was at the store and when he got out the police waited for him and took him in jail, after that a lot of police officers went to there house and searched can they do that or do they need a search warrant??
The general rule about searching a home is the police need a search warrant to do so. However, there are exceptions to this rule like consent or exigent circumstances. His lawyer will determine whether there are any challenges to the search.
"evidence will not be admissable in court and YOU WILL WIN" can I get that played on repeat please... 3 days ago my bf and I were just walking down the road... Cops pull up ask what we're doing search him and arrest.... Nah I don think so.. gonna fight for sure because he specifically denied the request for a search and they did it anyway ... I love the way you explain this definitely best video so far thanks!!
I got caught with two ounces or less when I had less then on gram. This is my first offense and the officer got the vehicle wrong. what does this mean? I am in the state of SD
A South Dakota defense lawyer can best advise you about the strengths and weaknesses of your case. They can also help you understand how to potentially defend it. The best course of action is to remain silent and identify a lawyer to hire. Thank you for your question.
i have a speeding ticket and misdemeanor possession of marijuana ticket , i dont have money for a lawyer and i have a must appear. what are my options, i am a college student
Since I know nothing about the facts of your case, I cannot speculate about your possible options. Maybe you can ask the court to appoint a defense lawyer to represent you. That might be the best course of action at this point..
I got changed with a misdemeanor for having 1 x pill on me but I didn't get sworn in when I went to court and I pled not guilty but ended up getting 6 months probation is that legal
Thank you for your content. Long story short I was helping a friend and he took advantage of me. This was very formal and belive it will help me in my case.
A question Mr. Gustitus. A friend of mine went to a Lowe's store and was Alledge of carrying around a small bag with him in the store. When he played at the self check out register, apparently tthey say he forgot a cell phone and that black bag at the register after paying and walking out of store. He went back to store, to get his belongings back, that he had forgot. The employee noticed the items and gave them to her Supervisor, where they both went into a room and opened the bag. The employees say they found drugs in the bag and called law enforcem,ent. When he returned to store, the cops had also arrived from recieving their call. Either way bhe asked for his property back and the cops wouldn't give him any of the belongings. They asked him questions about the so called Discovery of finding drugs in a bag, which he denied any knowledge of it. The cops took down his info and sent him a summons 2 years later. There was no warrant and no video recording the employees opening up bag and finding these drugs. Whose to say they didn't plant that in his bag or set him up. Would that evidence be ADMISSABLE IN TRIAL if a Lowe's employee turned that over to law enforcement after CONTAMINATING THE EVIDENCE and what ABOUT CHAIN OF CUSTODY FOR EVIDENCE ??? THERE was no FINGERPRINT OR DNA Proving or showing that was his actual bag. There was a search warrant for the phone to see if there was any evidence to prove drug sales, etc. The warrant was executed and nothing to show any drug activity or the phone involved in any type of criminal activities.. Creditability of the witness and motion to suppress, since EVIDENCE wasn't preserved for trial and was contaminated with employees DNA on bag, not his.. How does he go about asking his Public DEFENDER to Supress or FIGHT, due to no warrant, omly a warrant to a phone cleared of any criminal or drug activity ???
Lowes employees are not restricted from searching the bag and then giving the evidence to the cops. DNA or Fingerprints are not required...just nice to have
Hi there 3 of my frnds got charged with possession of cocaine but it was less than half gram open bag they were sleeping in car while they were parking in walmart parking lot car was on cuase of AC was runing and cops come over and search the car they were not even driving and the substances was in glove box they didn’t knew that whos that they came from house prty and every body was using their car so thy dnt knw whr it came from do u think they can beat the charges and how long does it takes criminal code 4(1)
It's actually exactly what it says. Possessing a controlled substance with the intent to deliver it to another person. These kinds of cases typically involve larger amounts of drugs (more than personal use), or drugs packaged for sale/delivery.
In the case of a possession charge with a person owning a vehicle that had gotten a possession charge with lending his vehicle to a person with probation would the person that owns the vehicle be liable still needing to give consent to the search of the vehicle if I did not give consent is it a violation of my rights
I'm really not sure of what you are asking me, but if a person is driving your car, they probably have the authority to consent to a search, even if you are not there.
Hi my sister was never arraigned for the charges against her on July 14,2020. The case still hasn't been resolved and has put our family through hell for almost three years. My question is can an attorney put in a plea for felony charges for a person?
If you are talking about a guilty or no contest plea, then no. Only the defendant has the authority to waive a trial and plead guilty. What does the lawyer say about the progress of the case?
Nice insightful and 2 the point. Man I'm from Florida and me and my girlfriend were headed 2 Biloxi 4 what was 2 be a great 3 day get away. 2 or 3 in the morning as we are about 25 mins away a cop on the side of highway had his lights on but no one in front of him as I past him so did 2 big rigs beside me 1 infront the other 2 the side . We all 3 past him around same time . I look back he's chilling. I had a weird feeling in my gut but knew I wasn't speeding, fu.ked up, or swerving absolutely I'm a hundred percent right about this. Look back further down the road almost out of sight and he comes hauling major ass up on my bumper rides my ass 4 a long long time then lights me. The criminal cop made me nervous off the rip. He went 2 girlfriend side passenger and he ask me 4 my ID and stuff then just freaked out on her and says mam what's wrong with you why are you making those faces???? Then pulls her out and takes her behind the truck and I was sure he was assulting her.he didn't hit her just yelled at her then pulls me behind my car and ask me why she's making faces??? I never and have never seen her make faces out of the 3 years we dated and damn sure not that night.. anyways he was pist that we were sober nothing wrong total duche bag cop , the absolute kind everyone fears getting pulled over by.he ask 2 search my car and I honestly wish I would have said no at first but I said ya and before we got out I said I don't think I want you 2 search my car but as far as he was concerned it was 2 late I had already said yes and he found 3.0 grams ice on my girl and I had like a gram of ice and 2 baggysof fentanyl 1 had nothing and the other couldn't have had a point in it ,which is a tenth of a gram. So he asked what was in them and I told him as a courtesy 4 his life, as I've seen cops on t .v. handle baggy then kiss the ground. So next morning detective talk to us unfortunately I told him it was mine and snitch on my self but then he said were going 2 cut ur girl loose and charge you with fent,ice. So had 50,000.00 bond and its been a year and a half and they'll be a raining anytime. Which is total fu.king bullsh.t I wanted a speed trail but no they've ruined me during this 1.5 years me and her had literally 1 of the best if not the best relationship. Now do 2 stress and other things were not dating. There able 2 arain me anytime and I'm on bond and have a app I check into every week cause I'm out of town.. number1 that cop should have never pulled me over at all end of story. But he being the absolute reason We The People are sick and tired of cops that don't know how 2 act,talk or remember there supposed to protect and serve not spy,violate,plant sh.t on people. I'm sure if I was a lawyer I'd be able to technically my way out of this a 100xs. I could use any help cause I'm freaking broke and if I have 2 and judge allows it . I will defend myself and go 2 trial. He's taking everything I ever cared about from me his going 2 atleast have 2 sit on the stand and lie to everyone before I get convicted! Thank you 4 your time
So a buddy of mine was driving to California from Seattle and got pulled over in Northern California area . Long story short he was followed for over 39 miles and pulled over for not using the indicator 500ft before his turn . Then pulled him out his car searched him , put him back in his car and then asked you have anything I should know about . He refused for search of his car but then they called in a K-9 unit and found weed in his car . Did he do anything wrong in this process?
If you are asking about his refusal to consent to a search, then no. His defense attorney will evaluate the facts and police conduct to determine whether the they did anything wrong. I wish him the best of luck.
hello. i have a possession charge for psilocybin. i felt i was wrongfully searched and seized but i did give consent to search my person after a search warrant was threatened. do i have a chance to push the IV amendment?
@@mrkokkinakis None. My channel was not created to provide legal advice related to specific cases. Only to educate people about their rights and responsibilities toward the law and the police.
In March 2020 I was sitting in friend's parked car on upscale residential street in California. Being ill & nauseated, I took brief (20 min) nap behind wheel awaiting my friend to come back & join me in car...I was in driver's seat in case car needed moving from row of mailboxes. Neighbor called PD for a welfare check. Deputy Sheriff's tapping on window awoke me, I told him I was fine and he wanted my ID. I refused. He and another DS yanked me out of car (parked for over 30 min) and made do 2 sobriety walks (I was taking antibiotics & pain killers for extensive dental work at the time). which I passed but I'd told him I was unwell, needed a bathroom, had diarrhea. He didn't care & made me do 3rd test wherein, midway during test, I soiled my pants. Other officers (3 more cars) had arrived. From dash cam you hear one officer expressing disgust with me and ordered me to undress in public street (he didn't want to soil his patrol car.) I couldn't complete last test so they arrested & booked me. My, now, 3rd Pub def has messed up my case & now 4 years later still awaiting jury trial. Prior to arrest yet after they ordered me to strip down, officers searched the car (without my permission) seeing clothes in backseat (they grabbed for me to change in to) and found drugs & paraphernalia (not mine) and arrested & booked me for possession. I feel several of my Constitutional rights have been violated. Can you offer insight, comment, advice to me about this? Thank you.
DUI, paraphernalia citation first hearing paperwork as well (misdemeanor all across the board) mugshot roster says feel possession, cop cam has forcessed scared confession of it's whoever was driving. Suspicious call in for pull over.
I got stopped and the trooper said he smelled marijuana. He said i could go if he found nothing but comes out with drugs i didnt know was in the car. The drugs belonged to a friend but the friend wasnt present. I stand to lose my job, housing, and many other things if found guilty. What do i do?
Hire a qualified criminal defense attorney to represent you immediately. Remain absolutely SILENT! These cases are complicated and difficult. Your attorney will help you develop a defense to these charges. But remember that ownership is not the issue. Rather, knowing possession is the issue. Good luck and thanks for your question.
I have a pending hearing I am curious should I file a motion to dismiss before the justice court judge see me it’s the first time I have had court since jail
i was told with the searrch warrant did not include a seperate garage owned by somebody else, but since the police acted on the presumption it was part of this property that the search warrant is valid.
I had a needle in between my 2 pairs of pants I was unaware of and wasn't patted down before I was taken into custody and I'm being charged with promoting contraband and possession as the syringe was uncovered during inventory after dressing out. Meaning the pants were taken out of my sight and I was hardly patted down even though I was arrested by 2 policemen and booked by another 2 for a total of 4 officers in whom are responsible for keeping the contraband out of the jail. This case has been going on for 8 months and my defender said to me that I don't have a solid argument yet not once has she even requested my story, I don't feel as though taking 2 felony charges is fair and I am now facing the decision of taking the plea or taking it to jury and I'd like some advice. There is so much more regarding half truths and down right inaccurate information presented in the in the discovery packet.
The only way to understand your situation is to investigate all the facts, circumstances, and law related to your case. Then the defense lawyer can provide competent opinions to help you decide how to resolve your case. I wish I could be more help. But I'm limited since I don't know the facts and law that applies. Nevertheless, I appreciate your visit and your question. I wish you the best.
I was set up by a family member to pick up money for a supposedly house being sold in Texas. Ended up getting charged with possession of 4.4 kilos of meth and 600 grams of fentanyl. I’m currently on house arrest awaiting court. I was released at first for no probable cause but then later indicted and put on house arrest. My public defender has not been a big help and I cannot afford a criminal attorney. Is there anything I can do to help my chances of freedom?
Well I have a friend and she have a charge of battery injury and she shot the guy his hand but he dropped the charges and I'm trying to see what do you think they'll do?
If you are moving from one state to another what type of lawyer should you ask for concerning transporting your guns in your ammunition Is this legal to do I ask this I live in California and I'm going to move to Texas in the u-haul with my family is it legal to transport my legally purchased firearms that are legal firearms and ammunition
My friend is an addict. He was arrested with only drug paraphernalia. He had no drugs went to trial. There was no witness. It was his first offence. He recive 4 yrs in prison. What can i do what papper work can i file?
Is it legal for a k9 officer to pull over and search a vehicle pulled over for third brake light bn out but comenses to search despite driver refusing consent when officer says the vehicle was leaving a business during business hours that the officer claims to be a " known for drug activity" .
My fiance was woken up by paramedics in a parking lot of a hyatt. when he stood up there was an oz of heroin on the pavement inn a closed bag. they told him he was free to go but then called the police and gave the aforementioned bag to the police. then police then went to our room and arrested him. all they found on him were scales and money. the money was alled creaseless and banded with a receipt from the bank. they arrested him for possession, paraphenalia, and casual exchange.. they also seized the cASh. thoughts?
The scales are a problem. An ounce of heroin is not typically for personal use. The scales suggest the oz would be cut-up for future sale. The money suggests sales have already occurred.
Even if the police have probable cause, (smell of marijuana & admittance of just finishing smoking), do they have to have consent to search for it to be admissable in court? Thanks
If they have probable cause they don't need consent. Now, they might need a warrant setting forth probable cause, but car searches don't need warrants.
Can you get a drug possession charge dropped if you got pulled over and had and old prescribed controlled substance not in package but can prove you had an old expired prescription for it
Hi I have a charge of simple postion that was getting dismissed in Jan. So I was pulled over never gave my permission to search my car they took my prescription meds then. Put me in hand cuffs then knocked me out by driving reckless then called ambulance told ambulance driver I was being charged. I called the court to report officer hitting me 3 times. In chest. Then they came with a warrant for simple possession so I have another simple possession on me how do I beat this
I do not know if you have a video on this subject exactly already because I am fairly new to the channel and my best friend is facing a drug charge of possession and it could potentially send him to prison for a long time even though it was not even enough to really test it should have been a very nice at best however I have only one Prior Drug charge and am facing a warrant for child support I do not owe. I want to know how hard would it be to say the drugs were mine and take the charge for him if I wasn't with him at time of arrest
I was on my way home one night where I was followed by a police officer I’ve made it home in my driveway and he still searched my car and said it was a traffic stop. In result of the search a firearm and 26 grams of cannabis was found how should I treat this?
I'm studying Criminal Justice. We are asked if drug possession charges violate the Equal Protection Clause of the 14th Amendment. Probably too late for my paper but what do you think?
Without having a full understanding of the facts and issues involved, I have no idea what I would ask them. Plus, before you start asking questions you must know what your defense is going to be. I’m sorry I cannot be more specific.
Hey Stephen ! I have a case coming up and while viewing the evidence against me ; i started watching an interrogation of an individual accusing me of selling her the drugs and at the start of her interrogation the one detective shows her a picture of me and asked her "do you recognize this individual?" She replies "yes that is Ryan" the detective then says "what's his last name?" She starts to hesitate trying to come up with the answer and as she starts to say "i don't know" you can clearly hear the other detective next to her turn his head and as he does quickly in a liw voice he tells her my last name. You can hear it clear as day. She doesn't hear him so she finishes her sentence of "i don't know his last name ". But in the video you can clearly hear the detective trying to tell her my last name so she can answer the question. Even though she didn't hear him; i was wondering if this would be a big deal in the eyes of the prosecutor and judge?
Your first and last names are irrelevant to whether a witness can identify you as the perpetrator of an offense. But please talk to your defense attorney about your concerns. Good luck!
@@GustitisLaw thank you for taking time out of your day to respond to my question. I agree my 1st and last name is irrelevant to my guilt or innocence. I thought it would show deception on the detectives part. Especially the way the detective try to whisper the answer while simultaneously turning his head away from the witness. Again I appreciate you and taking the time reply to my comments
I was driving my sister's car, i got pulled over. I gave them permission to search and even volunteered the dog to smell inside the car and after being arrested for a writ of attachment for child support. I found out they found a straw and a empty bag of cocaine under the driver seat they charged me with possession I had no knowledge the drug paraphernalia do I have a reasonable defense? Thank you for your response
If the jury believes you, you have a great defense. If they don't believe you, they will convict you. What does your criminal defense attorney think about the case?
i got pulled over for running a yellow light left turn in chandler az. officer asked if there are any weapons in the vehicle and i answer yes on the right passenger seat. officer asked to step out the car and sit on the sidewalk in front of the vehicle. officer asked to search the vehicle i say yes and i had thc cartridges in 3 bags of an amount of 7 each or less and the weapon has no serial code because i made it but it doesn’t fire and has bullets but not a full magazine. i was wondering what’s going to be my case since this is my first time and i had been arrested around 2:30 am when doordashing. after booking me, talking, taking a blood test, and i was released after at 5:30. the vehicle is not mine, i was to borrow it from my aunt till my own car gets fixed. the vehicle is available for pickup the next day for the owner, my aunt.
There is no way for me to speculate about potential outcomes in your case. Only a lawyer with knowledge of all the law and evidence applicable to the case can give you that kind of advice.
So if a guy gets pulled over and the reason for pulling him over was “no insurance” on the vehicle he’s driving and he proves that he has insurance on the spot and then they say they want to do a sobriety test so they make him get out of the vehicle and he gets out and they dont do a sobriety test they just start searching the vehicle without a warrant or permission and they find drugs in the vehicle while searching it what rites does he have at that point?
I was offered a drug diversion program for two class e felony possession charges which required completion of their 10 drug classes and random UA’s. I completed everything and never heard from my case manager once the entire time, after I finished classes I called the program and they said i was good and done. I’m being recharged due to failing multiple of the UA’s during this time period. However, I never once either heard from, or could get ahold of my case manager while I was completing the program. No one ever told me I was failing my UA’s and they had me still complete all ten drug classes after I apparently failed. Do you have any ideas on what they generally do now? I’m aware that you do not know my case or specifics I’m just trying to get some what of an idea of what they have done to others in the past that this has happened to. If you have heard of something similar please let me know. Thank you.
In Kentucky I been charged with Disorderly Conduct. When a cop confronted me for no reason. I threw him the finger, cussed him out, yelled at him, then walked away when he was trying to talk to me. He followed me after a few failed attempts of me not listening to him then arrested me. Went to jail for about 4 hours got out on a O.R. Bond. Now I need assistance what can I do to get out of this.
One other thing I forgot to mention is I am a first time offender. Never been charged before. I don’t want probation and I don’t want diversion. I just want this off my record.
In most states, laws on disorderly conduct prohibit a wide range of conduct. Like cussing in public, making loud noises, making bad smells (yes, bad smells), etc. A qualified criminal attorney who has access to all the reports, facts, and circumstances related to your case, could determine whether your initial contact with the cops was permissible or not. If not, maybe there would be an argument the evidence they want to use against you is not admissible in court. Hire an attorney to help you defend this case, if you can afford one.
I'm currently fighting a case from like last month this is my first actual time that I have to go to court I had a THC vape pen and that was it after that the cop told me it wasn't enough for any charges. My mom called me today telling me a cop came to her house saying I had to go to court what do I do? The court date is on april 29 I'm im Texas
You go to court and remain silent. Enter a plea of not guilty and keep your mouth shut. Do not engage the prosecutor in any conversation. Hire a defense attorney immediately.
Hello I would like to know if you get pulled over for no turn signal and the police find out your driving suspended, does that give the police probable cause to search vehicle
If they arrest you for the traffic offense, in many states that gives them the right to search without probable cause. Also, if the police department has any inventory search policy, they can search based on that policy after an arrest, without probable cause.
Parked in casino parking lot (casino calls in drug use in parking lot) police show up and come to my vehicle, have me exit and uses plain view doctrine to access my prescription pill bottle. Is that probable cause?? After obtaining body cam it shows all that, but also in surveillance room of casino and clearly shows that I was breaking pills in half and then using a bill to scoop into my mouth.
I need advice on what to do in my case. I got pulled over in Nashville Tennessee with a half of weed on my way home. Its my first case ever what do I need to do in court?
I cannot give you advice except to remain silent, answer no questions, and hire a qualified criminal defense lawyer in TN immediately. I wish you the best.
Your criminal defense attorney must review all the evidence and the law applicable to the case. Then the lawyer can give you advice about how to defend the case. Good luck.
Can the police search your vehicle after you said no to the search in anyway or form and they get the K-9 unit and pretend like the k-9 have a hit are they allowed on search when it was supposed to only be a warning traffic stop
Sometimes yes, and sometimes no. This will be a special investigation for your defense attorney. They will determine whether the police conduct was proper or not.
Will the person still have 4th amendment even if that person had a warrant and was pat down to be taken in? Also While doing a pat down if the drugs were stuck to the bottom of his shoe (unknowing) after stepping out of a friend's car who was giving him a ride home can he be charged for possession??
Once you are arrested, the police can legally search you and perform a pat-down. The 4th amendment does not help you in that specific situation. How do drugs get stuck to the bottom of your shoe? Yes, the person can still be charged with possession in that situation.
@@GustitisLaw the (friend) was giving a ride home and it was a bag with less than a gran mostly residue back there and while the friend was driving he swerved got pulled over and during that time they were asked to step out the car and were told they were free to go but then the officer stopped them and asked for id and he gave it to the officer not knowing he had a warrant in another county so he was placed under arrest and during the pat down they emptied his pockets n everything but when they ask to lift his foot it was a bag stuck to his shoe. The guy who car it was told the police it was the other person and he didnt even know about it
how do I go about getting the dash cam where he said the driver ran a stop sign but did not and y did he not stop us till we got all the way home and stopped us in driveway and he had no body cam
Unless state law requires it, the police are not required to videotape encounters with the public. With that said, your defense attorney should file a motion to produce the discovery in order for everyone to review it.
I have a prior 2018 case here in Oklahoma for possession of CDS for marijuana.. although now in Oklahoma it's legal if you have a OMMA medical marijuana card.. I do know about the 17b motion to drop this felony charge to a misdemeanor but I'm not sure if this terminology will help me get this resolved and reduced to a misdemeanor
Without knowing the evidence, I have no idea what your options are. Possession does not mean ownership. You can possess something without owning it. My advice is to REMAIN SILENT and hire a qualified criminal defense attorney immediately. Good luck with this important case.
Can the state charge me with a drug possession charge if someone else plead guilty to it in the municipality of occurence? My boyfriend and i were pulled over and arrested. Originally he was charged with drug possession, that charge was amended to littering and a fine, which he plead guilty to. He had a second charge of drug paraphernalia, which he plead guilty to, that also was admended to littering and a fine. I had also plead guilty to a drug paraphernalia charge in the municipal court, which was reduced to liittering and a fine. Now the state has charged each of us with drug possession for that same occurrence almost 6 months after our original court case closing in the municipal courts.
Something wrong there....if you were allowed to plead guilty to a lesser offense for the same incident....that should block further prosecution...Unless the plea deal was not for the same case.
Excellent job on your videos. They have helped me immensely in learning the unfamiliar legal landscape I've found myself in. Thank you
Glad to help!
@@briennelovessports8459 Taylor, you can call my office if you wish. My phone number is in the "About" section of my Channel.
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Boy I wish I would have known this a few years ago. Thank you standing up for whats right sir. You rock , dont stop putting out this vital information. God Bless
Love the content. I’m fighting a case right now and your info helps me a lot.
So happy I can help. I appreciate you watching! Good luck with you case.
Good luck and god bless you
@@iom2484 Hire a local lawyer.
@@iom2484 you were outside of the car and the FRIEND more or less ratted on you for having cocaine in the car? Was it your car? Did you have care and control of the car?
Educated yourself and build a profile of who this snitch really; especially the psyche profile including any sexual proversions.
I have never seen anyone's channel quite like yours you really seem to care about clients and even the general public by giving us this knowledge that no one else seems to be willing to give out for free it is absolutely been life changing for me and my best friend so from the bottom of our hearts we do so appreciate would love to actually meet and shake your hand but since that is not happening now wanted to at least let you know that we greatly appreciate this channel and what you were doing with it you have a real gift for explaining the law and just the brilliant ways that you have the knowledge and express it and are willing to do for free or just really cool last of a dying breed man thank you
Thank you for your video. My husband is a 69 yr old Vietnam vet who has always denied PTSD to the VA doctors, yet he tells me he signed a sworn oath to never tell another soul about parts of that war. He had success in recovey from drugs/alcohol for a long period but succumbed and is now incarcerated where it looks like they intend to throw the book at him. Due to other circumstances, we can't afford legal representation yet the Public Defender office says he receives too much for them to be allowed to help and that he will have to represent himself. I am just now finding that my husband returned forms to them that he did not fully understand how to do. I am wondering how they couldn't see the incompletion on the form and allow me to finish it for him. If he is unable to complete the form, how can they expect him to represent himself? But again, thank you for the knowledge you provide to those of us who really need to know.
You did not tell me what he is charged with. He is constitutionally entitled to a defense attorney. Keep trying until he gets one. Good luck with this difficult problem.
I hope everything is okay in you and your husbands lives…. May god bless you both.
@@GustitisLaw Gideon v. Wainwright of 1963, SUPREME COURT DECISION, established the right to counsel under the Sixth Amendment, regardless of a defendant's ability to pay for an attorney. It mostly left the standards for determining who qualifies for legal representation at public expense to the states
YOUR HUSBAND FOUGHT FOR OUR RIGHTS and TO PROTECT THE CONSTITUTION, WHILE IN THE MILITARY.. HIS 6th AMENDMENT RIGHT GUARANTEES HIS RIGHT TO AN ATTORNEY, FREE OF CHARGE IF HE CAN'T AFFORD IT, THEN THE STATE PAYS THE COSTS.. YOUR HUSBAND SWORE THIS and SO DID LAWYERS, JUDGES, PROSECUTORS, COPS, and UNIFORMED EMPLOYEES OF OUR GOVERNMENT.. SO WHY DON'T THEY HOLD EACH OTHER ACCOUNTABLE FOR MISCONDUCT ?? THEY DON'T WANT TO LOOK LIKE A SNITCH TO THEIR FELLOW CO WORKERS AT THE COURT HOUSE, THUS MAKING THEM ACCESSORY TO THE FACT, CO CONSPIRATORS, AND JUST AS EQUALLY GUILTY AS THE ONES VIOLATING THE CONSTITUTION AND AMERICAN'S RIGHTS.. THERE ARE SO MANY CIVIL RIGHTS VIOLATIONS TAKING PLACE AND IT'S TIME FOR JUSTICE REFORM.. WHY WAIT TILL THEY DO IT TO OUR KIDS AND GRANDKIDS.. THEY HAVE ALREADY VIOLATED OUR RIGHTS AND YOUR HUSBANDS... LIKE DR. ML KING JR., WE MUST STAND UP AGAINST INJUSTICE AND INEQUALITY... Oaths of Enlistment and Oaths of Office
The wordings of the current oath of enlistment and oath for commissioned officers are as follows:
"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
(Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).
"I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God." YOUR HUSBAND'S RIGHT TO LEGAL COUNSEL WAS AFFIRMED BY A US SUPREME COURT DECISION in 1963 called Gideon v. Wainwright of 1963, SUPREME COURT DECISION, established the right to counsel under the Sixth Amendment, regardless of a defendant's ability to pay for an attorney. It mostly left the standards for determining who qualifies for legal representation at public expense to the states... THIS IS WHAT HAS BEEN GOING ON WHERE I LIVE IN PHOENIX, AZ.. THE ACLU of AZ SUING THE MCAO IN FEDERAL COURT FOR MISCONDUCT AND CIVIL RIGHTS VIOLATIONS... MARICOPA COUNTY ATTORNEYS OFFICE PRACTICING PROSECUTORIAL MISCONDUCT AND VIOLATING RIGHTS... A FEDERAL CLASS ACTION LAWSUIT IS BEING LITIGATED IN FEDERAL DISTRICT COURT... th-cam.com/video/ItylhAyc_bw/w-d-xo.html
@@artfimbres576 Thank you so much for your very informative reply. I do wonder how it is that my husband doesn't know this already!
Thanks!
Appreciate what you're doing man. Knowledge is key
Thank you for watching!
God bless you and your firm . Thank you for fighting the dirty crooked half of the system 🥊💯
I appreciate that!
I also need|d to ask you , who can I go to look into my brothers matter he has been incarcerated for 13 year in AZ for something he didn't do. Assoult to a police officer,. And for taken a car fronm an old lady . For those two false accusation he will spend 12 more years. Any help? Thank you in advance!
I love how you explain things in a way that's really easy to understand. I'm not sure where you practice, but I'm in Charlotte NC and recently charged with possession. I am 50 yrs old and have no record. My husband is an addict and we had an argument one night over him going to rehab. I'd found a couple of baggies and straws, put them in my bag and ran out of the house. Literally to cool down and dispose of those items. Didn't even have shoes on. I was pulled over by county because my tag expired and I couldn't pass Inspection. The deputy almost immediately started insinuating drugs in the car, which to me, was very strange. Especially considering I have no record or runins with Leo. Not knowing any better, I halfheartedly gave consent but made it very clear that over the last week, my husband's friend had been in the car and even had backpacks in the back. Being upset still from the fight earlier and a wreck from the traffic stop in general, I struggled to think clearly. I did tell them that I'd gotten some things out of the house to dispose of but they only had tiny bit of residue. During the search, they found the baggies I'd spoken of and in the back, two pipes and straws. All with residue. Despite my efforts insisting they weren't mine, I went to jail for everything. If convicted of these felony charges, I risk losing alot and it will effect my life tremendously. And I don't even use. Can you tell Mr how to go about this? It just seems so unfair. And I will never admit to things that aren't mine nor take a deal for something that I didn't do. Any suggestions are welcome! Thanks!
I'm sorry this is happening to you. But since I have no access to the evidence, facts, and law in the case, it's impossible for me to give you any opinions about it. However, I do recommend remaining SILENT about the case and answer NO QUESTIONS about it. Hire a qualified defense attorney in North Carolina immediately to review the evidence and law and give you advice about how to proceed. Thanks for your kind words and I wish you the best.
I was pulled over in a convenience store parking lot, I was already out of the car ready to pump gas and they pulled in w/lights on they told me there was a beer can in the back of the car and that they had the right to search the car and me and if I had anything it would be better for me to give it up now so i got it out and handed it over to the strike force cop he then handed me his card and told me to call him in a day or two to see if I could help them and then I drove away. 2 days later I called him and told him I wish I could help him but I didn't know what it was that he wanted and he told me to call him back after I thought about it and about 4 days later I called back and told him the same thing i didnt know how he wanted me to help and he said ok and about a week later I got a ticket in the mail for positions of controlled substance,not stopping before sidewalk, no registration. It was a borrowed car and that was taken care of the next day or two. I did stop before the sidewalk and I did have a passenger w/me.
It's insane how they treat personal drug users, many of whom lead normal lives, like criminals. Especially those who only smoke cannabis. It is also insane that this drug is still treated like a Class A. Even heroine addicts should he treated as sick, not criminal. People who start taking really hard drugs are usually in a lot of emotional pain stemming from childhood.
Thanks for contributing to the discuss here. I agree, drug addiction is often a way to self-medicate.
And the government is responsible for the drugs because they allow companies to create the chemicals and tools needed to make the drug
ROBINSON V. CALIFORNIA is a Supreme Court Decision 1962.... Robinson v. California, 370 U.S. 660 (1962), is the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime. In Robinson, the Court struck down a California law that criminalized being addicted to narcotics.. THIS WAS THEIR 1962, VERY 1st LANDMARK RULING AND DECISION IN THIS 8th AMENDMENT RIGHT VIOLATION.... Supreme Court ruling in Robinson
A fragmented Court reversed the state's judgment. The main opinion, by Justice Potter Stewart (joined by Justices Warren, Black and Brennan) in combination with Douglas's concurring opinion, recognized that drug addiction is a disease, and that it is unconstitutional to impose punishment for having a disease.[10] Justice Stewart wrote that even "one day in prison for the 'crime' of having a common cold," would be cruel and unusual.[11] Additionally, Justice Stewart's opinion, in combination with Justice Harlan's concurring opinion, held that it is unconstitutional to criminalize behavior in the absence of a guilty act, or actus reus.[12] Justice Stewart's opinion focused on the unconstitutionality of punishing a mere status or condition,[13] Justice Harlan's concurring opinion focused, however, on the unconstitutionality of punishing a "bare desire."[14]
@@GustitisLaw Why hasn't there been any more precedent rulings from this Supreme Court Decision in 1962... They know it's a mental Health Problem and should be dealt with by the DEPT. OF HEALTH, NOT THE DEPT. OF CORRECTIONS.... ADDICTS ROBINSON'S RIGHTS HAVE BEEN BEING VIOLATED SINCE THE 60's and especially the 80's WITH REAGAN'S DRUG LAWS PUNISHING THE SICK.. ALSO A VIOLATION OF THE AMERICAN'S WITH DISABILITY ACT, SOCIAL SECURITY ACT, and probably more DISABILITY PROTECTIONS AND ACCOMADATIONS.. IT'S DISCRIMINATION, OTHERWISE PROSECUTE THE DIABETIC SHOOTING UP INSOLIN LIKE A HEROIN ADDICT.. EQUAL PROTECTION UNDER THE LAW. 14th AMENDMENT VIOLATION under EQUALITY CLAUSE.. THIS COUNTRY IS SO WRONG for VIOLATING AMERICAN'S RIGHTS.. THEY can prescribe you LEGAL METH such as METHODRINE OR DESOXYN.. DISCRIMINATION against the POOR INDIGENT AMERICANS, not having a doctor to prescribe a ADHD patient DESOXYN, which is METHAMPHETAMINE HYDROCLORIDE.. Instead they would rather DEPRIVE that person his medication and forcing them to turn to a black market, without any quality assurance, then LOCK THAT AMERICAN UP, just for Possessing Non Pharmacy Taxed Medication.. TAXATION WITH REPRESENTATION.. So the rich, educated, and privately insured upper class middle America has a Prescription Taxed Medication, who doesn't go to jail, while all the lower middle class poor and uneducated are Discriminated against, placed in jail cells, and having their Robinson's Eights Violated for being sick and having a disease that the DEPT. OF HEALTH WON't TREAT... SAD and what's even sadder, is thaat AMERICAN'S DON'T EVEN KNOW THIS IS WHAT'S REALLY GOING ON. SUPPOSE TO BE TREATMENT, NOT PUNISHMENT.... Supreme Court ruling in Robinson
A fragmented Court reversed the state's judgment. The main opinion, by Justice Potter Stewart (joined by Justices Warren, Black and Brennan) in combination with Douglas's concurring opinion, recognized that drug addiction is a disease, and that it is unconstitutional to impose punishment for having a disease.[10] Justice Stewart wrote that even "one day in prison for the 'crime' of having a common cold," would be cruel and unusual.[11] Additionally, Justice Stewart's opinion, in combination with Justice Harlan's concurring opinion, held that it is unconstitutional to criminalize behavior in the absence of a guilty act, or actus reus.[12] Justice Stewart's opinion focused on the unconstitutionality of punishing a mere status or condition,[13] Justice Harlan's concurring opinion focused, however, on the unconstitutionality of punishing a "bare desire."[14]
do you have any suggestions for addressing constitutional violations when a judge refused to hold accountability for signing third party unconstitutional blanket warrant and refuses to suppress and dismiss to sidestep accountability
excellent.Thank you for your services here. ppl need you and your knowledge
Thank you for watching and for kind words.
Your videos have eased some of the anxiety that has taken over my head. I have a few speeding tickets from my past and a Marijuana possession charge that was dropped back in 2018 (it is not on my record because it was reduced I paid a fine and that was that.)
On the 3rd of this month I was pulled over in a Walmart parking lot because I hit the gas on the main way out of the lot towards the actual street and was doing, maybe 25-30mph. I saw the cop and just slowed down knowing I was going to be pulled over. The red and blue lights came on and I pulled into a parking spot and got my info ready for the officer. I rolled my window down and started to hand it to the cop and she proceeded to ask me if their were any guns, drugs, etc and if she could search my car if it came down to it. I didn't think that a search would happen because it never had before, there was no probable cause, I was being kind and obedient, and every time I have been pulled over the office asks me those questions. So, because my mouth opened before my brain could process anything I said yea with a shrug. First off, she never said why she pulled me over in a private parking lot. As I'm waiting for her to come back an officer that thinks he knows me taps on my passenger window with his flashlight. He asks about my son, and how my husband and I are doing blah, blah, blah, I shoot the breeze with him then he says he can't hear me and walks around to my window. I smile and continue shooting the breeze when he opens my door and asks me to step out. I ask him why and he says "well you gave her permission to search your car so I'll need you to step out." Scared, uneducated in criminal law and a person's rights, I ask him why again and he starts to get upset saying again I gave the other officer permission to search. I didn't want this cop to say I was resisting or being difficult so I got out of my car. As the female cop starts searching my vehicle I keep asking the male cop why are they searching my car. I didn't use the words probable cause but I still asked why amd that they shouldn't be doing that. I start to get emotional and the male cop looks at me and angrily says that if I keep it up he's going to put DUI charges on me. At that point I swallowed my gut shut my mouth and closed my eyes. They found almost a gram of cocain and a little under 4 grams of meth as well as a broken meth pipe. 2 felony possession charges and a misdemeanor paraphernalia charge. The male cop tried to say that I had broken the pipe when I first got pulled over but I laughed and told him I didn't even remember that I had it, and that was already broken. Of course I'm arrested and booked. I have never been in handcuffs, I have never even been to jail. I was released the next day on my own regard...? I don't think that's the right word but I have pretrial. I hardly do drugs and when I do it's to help my mental health issues. I feel like the cops did something wrong and I just need to figure that out. Do you observe anything in my police encounter that could help me?
Here's a little background between myself and this male cop. He has had it out for methe day he met me it feels like. A few months ago a "neighbor" called the police saying I was outside yelling at another neighbor, 100% false I told him that I hadn't even been outside and that it was really weird someone would do that. After he left he sat in his vehicle for almost 2 hours. Will a week later, a neighbor called the cops saying I was yelling that was all that was said by this male cop when I opened my door. I was not, I was inside with my children. I had been cleaning the whole day, never once yelling. I told this cop just that and that is a little upsetting someone keeps making false police reports. This time he said he was going to take me in if he had to come back.
I had called the cops a week before these two encounters with him because my husband and I were arguing and I just wanted it to stop. The male officer and 2 others came, pulled us both to the side and the 2 unknown cops talked to my husband while this male cop talked to me. Our conversation might have lasted two minutes. Anyway this cop has been out to get me because I know my neighbors (I live in a condo) and they have never called the cops on me or my husband, and we have been living there for 3yrs and 3 months. 2 of my neighbors have been there for 2 yrs and another one just a year, we all know each other and say hi when our paths cross amd celebrate the 4th together, but never have the cops been called despite some of the arguments I know they have heard through the walls. And it seems like the 2 reports made by a "neighbor" are BS.
Fun fact about me I have mental health issues but it's not like I need to be institutionalized or monitored. I have been off my meds for a year and have been looking for a doctor being very unsuccessful as it's almost impossible to get an appointment with one that will help amd/or is available. I hadn't done any of the coke, i don't know how, I've never done it before and it has never sounded like something i want to do, why waste my money. It was given to me amd my husband by another neighbor for our wedding anniversary. Neither one of us touched it and it e went forgotten in a tiny super in my wallet. Shame on me! The meth i had just gotten that day and have been an on and off user for a year, never really got twacked out, never stayed up through the night, it was just the only thing i could think of to use to substitute for ADHD meds. I have ADHD bad, possibly PTSD, tons of anxiety that sends me into a tunnel, and bipolar. I'm a stay at home mommy with a 4yr old and a 19 month old, and my husband (I should say partner because we are not legally married on paper) who just started his own businesswho need me. I'm scared, I'm a wreck, and my brain is trying to protect me by not letting the severity of this sink in. If you have time what's your take on my case? What should i do that you might not have mentioned in any of your videos that would help me?
I am so thankful for you and your team. The videos you are creating are a blessing for so many people. Thank you doesn't seem to be enough to show gratitude, you're one of the good guys. I appreciate your time, understanding, and help. I hope you are having a beautiful week.
Thank you for visiting my Channel and leaving a comment here. I appreciate you and I wish you the best in this matter.
sound like you a targeted individual do research
4:25 He talks about searches of car and finding drugs in your car. Almost your exact situation.
Unfortunately you gave the officer permission to let them search your car. Whatever they found, its on you. Your best bet is going to a treatment program before court to show them you're trying to get help.
I found it too helpful for my arraignment on tommorow. Thanks a lot!
You are very welcome.
they pulled me over for my license plate i didn't have on the back and they also smelled the weed and took it, what do you think i should do?
With tears in my eyes and fear on my brain, I came to this video in hope for answers, when you said “attorney” I cried harder. My thoughts: How am I going to afford this and possible fines? Why is it so hard living in this country? I’m considering just ending my life might be my best solution.
Nothing is worth taking your life over. Please call a crisis hotline to help give you some support. I’m sorry you are feeling so poorly.
Gustitis Law you taking the time to comment really means a lot. I think I should just show up for court and pray for the best. I really have no other options seeing I’ve never gotten in trouble before.
If cannot afford an attorney, the court will appoint one to represent you.
Gustitis Law but it’s in Kentucky, a state I was driving through. I’m a woman of color, how do I know this attorney is actually trying to help me? I’m sorry, I’m just so scared. I don’t want to go to jail, I don’t want to be a statistic neither but I guess the boat sailed.
@@whoisCH3DDAR It's their job to help you. It's their ethical duty to help you. They create a better career for themselves if they help you. That's how you know.
So i got into some trouble 3 years ago and was charged with
Possess, w/intent sell, sch I or II cont sub or flunitrazepam/GHB, 1stPossess Schedule I Or II Controlled Substance Less Than 14 Grams, First Or Second Offense
(Before i tell you my story, just a heads up there might be some things that i added that you might find unnecessary. Im just hoping you can give me youre oppinnion and have the entire story. Also on what i might be facing in order to leave this all behind me. I have an active warrant in nv At the time of my arrest i was hooked on heroin and multiple other things. I quit heroin 6 months ago cold turkey. i have a few misdemeanors on my record all drug related and 1 petty larceny charge on my record i got time served for those. Im 28 been to rehab twice. As soon as i started heroin 4 years ago ive been to jail a total of 10 times for getting caught steeling with having paraphernalia on me, not following court orders like drug testing and checking in. Was the main reason for my arrests.
See what had happend was..... lol
A guy i had just meant a couple months prior to the arrest showed up at my spot one night completely out of it, under the influence of multiple things he was a complete wreck then . Before he showed up to my place i was in the process of finding a way to go pick up a girl who i also just met a couple months prior whos bf just died she was having a mental breakdown and asked me to pick her up. So the guy friend that showed up, sobered up a bit or at least i thought... He was all for picking my friend up. We pick her up head back to my spot. Not even 2 mins after my buddy is driving he swerves and barely a cm away from side swiping a car. I yelled at him and told him to pull the hell over im driving! This girl was under the influence as well having the worst panic attack ive ever scene shes in the back seet literally stabbing herself in the neck repeatedly as if it was a knive. So im driving..... and buddy is in the passenger seat being obnoxious making a shot for him and her both i was beyond pissed i kept saying wait until we got to my place they weren't having it. After the two are yelling in my ear for me to pull into a 711 parking lot i do i go in the store to grab a drink and these two are shooting up in the car to where everyone could see. I go pay for my drink and the clerk was highly upset and told me what they were doing and told me to leave. Im pretty sure the clerk called the cops I rush out there and inform my "friends" they thought i was exaggerating. We finally get to my place and i have to practally carry both of them one at a time all the way to my trailer it was a flat out nightmare i finally fot them both inside and the entire time shes destroying my trailer spilling red drinks going through my things just making a mess i had to grab the girl by the throat and put her and her things outside i tell her to leave she does after hours of trying.i felt horrible but i couldnt handle it anymore In the meantime this dude is wandering/stumbling around the property he was dropping his drugs and money everywhere i was looking out for him and gathered erything he would drop and then put it in a grocery bag. keys, multiple "ready to go baggies of heroin and meth" ghb, Xanax,. After she leaves im fighting with the dude cuz he wanted his keys i was not letting him drive like that i tried calling his dad to get him but nothing i found out later on the cops picked him up and took him home. At this point im freaking exhausted the next morning still no sign of him i drive his car to the store 1 min away to help afriend jumpstart his car and had all his things in the grocery bag in my purse on my way back home i began to take a left turn ( i live on a dirt road so the gravel covers the actual road a little bit so i turn to early and there are already two sherrifs at the intersection waiting for me i think they had been following me since the 7elleven incident anyways im just 3 seconds away from my house and they pull me over for being on "the wrong side of the road" two cops walk up to me one at each window shinning flash lights in the car there is a little part of a necter collector kind of sticking out the middle concel i had no clue about so he began to tell me to step out of the car i told him it wadnt my car and they dont have permission but they continued to do so anyway they tricked me and asked if the purse was mine and i said im not sure cuz i had other bags in the car with clothes in them that i didnt admit to all be mine but he opened my wallet and saw my id so he said it has to be my purse they got me there i said yes and they charged me with all this guys stuff this happend in 2021 i havent been convicted yet i got bailed out 2 times for these charges and havent been in trouble since. I want to just do the right thing and turn myself inand get it over with should i plead guilty, not guilty, go to a bail bondsman b4 i do? Im so stuck and im so sorry this is so long plz help.
Thank you for your important comment.
Hello.first off thanks for putting yourself out here to help inform the public. My question stems from an arrest last night by a conservation officer. My friend and I were fishing on a river side around1130pm very dark night.he obviously saw my friend smoking a marijuana pipe and approached him on foot with out announcing himself or any type of flash light he walked up and said give me the pipe.then asked if there was any more pot. My friend did what he thought was the best thing and have the officer a small personal bag. The officer asked me if I had anything and I did not. It's also charged with possession because he claims to have watched us pass it to one another. This is in Indiana. Wondering any defense that may work in my favor my friend even asked why I was being charged when he was the one in possession. Tiger officer called it possesion of something I don't remember
You will need to discredit the officer’s testimony about seeing the both of you passing the pipe. What does the officer’s report say about smelling marijuana on your breath? You’ll need to discredit that too. Next you’ll need to consider whether you will testify in your own defense. Those are a few ideas to consider. There are others.
@@GustitisLaw thanks fort quick reply I think discrediting seeing me actually with the pipe should be no problem add fat as smelling on my breath he never mentioned it
@@ryansmith7316 He doesn't need to mention all the evidence he observed. If he did observe something, he's trained to write it in his report. Remember, discrediting a police office on the witness stand can only occur when the cross examiner is an experienced advocate. 99% of non-lawyers are incompetent at effective cross examination.
How many times is considered normal or within legal limit to have drug dog circle your vehicle? What actions is the cop within his rights to do while waiting for drug dog to alert , how long is cop within his rights to wait by car with dog waiting for dog to alert?
I'm trying to go into the military and got caught with new and my friend he pled no Contest I said I need more time so what I do I csnt go in of I get this charged with a mip please help
You need to hire a qualified criminal defense attorney to help you. It sounds like you have much at stake with a potential military career hanging in the balance. Try to Google criminal defense attorneys in the town where this happened. That will give you a starting place for locating appropriate legal representation. Thanks for watching!
If a house was searched at 12 and a search warrant was issued at 5 but did not include searching for drugs and cancer patient medicine was found and obtained and person was charged for manufacturing and delivery can a motion or something be filed to get the trial dismissed?
I’m charged with simple posession of marijuana for 2 vape carts in Nashville what are my options
Plead not guilty and hire a criminal lawyer to defend the case. The lawyer will review all the facts and evidence and advise you whether the prosecutor can prove guilt beyond a reasonable doubt. They will also explain your options about how to resolve the case. Either by trial, by plea bargaining, or a combination of the two. Thanks for watching.
What or how would you suggest a person after completing all requirements and not re-offending get their rights restored and record exsponged of a felony for distribution? i just would like to be able to purchase a firearm for protection again leagally that is.
you make law sound so easy haha awesome video, my side hobby is learning law
In many respects, it is easy. In others, it's very difficult. I appreciate your visit and your comment.
6 yrs ago while working with a man I dated, a DV incident occurred, cops arrested the man for DV, meanwhile another cop proceeded to search my car which had been parked for hrs, DV call had not been in the car, they found a trace amount of drugs in the purse in the car & arrested me for possession, they also kept me at the scene while making lewd & rude comments, laughing at me bc I also worked for a LE agency/clerically. Deputy cuffed me so tight my wrists were bleeding, I asked repeatedly to loosen them. They never counseled or asked if I needed treatment as the victim of the DV assault against me. I appeared 1x & bc of medical condition I was unable to appear. Case is not adjudicated yet, have a FTA, & I have never been in any trouble before or after - the drugs came with the DV date I was with. I have not even spoke to a public defender. I need to clear this up, what are my options. Also what is considered a useable amount in CA?
I don't know. I don't practice law in California. A defense attorney there should be equipped to answer all your questions.
I have a question: so my uncle was at the store and when he got out the police waited for him and took him in jail, after that a lot of police officers went to there house and searched can they do that or do they need a search warrant??
The general rule about searching a home is the police need a search warrant to do so. However, there are exceptions to this rule like consent or exigent circumstances. His lawyer will determine whether there are any challenges to the search.
4th amendment is your answer
Look up MAPP V OHIO 1961 Ruling and see if applies to your situation.. en.wikipedia.org/wiki/Mapp_v._Ohio
"evidence will not be admissable in court and YOU WILL WIN" can I get that played on repeat please... 3 days ago my bf and I were just walking down the road... Cops pull up ask what we're doing search him and arrest.... Nah I don think so.. gonna fight for sure because he specifically denied the request for a search and they did it anyway ... I love the way you explain this definitely best video so far thanks!!
Thank you for watching and I'm happy it was helpful to you!
I'm dealing with a case right now
Good luck with your case! Do you have a lawyer representing you yet?
If you don’t mind me asking what was it?
@@trystanneville6877 Dustin never mentioned what the charges were.
I’m 14 with a drug possession charge this is my first time with the law what do I do
Please hire a qualified criminal defense lawyer immediately to help you!
I got caught with two ounces or less when I had less then on gram. This is my first offense and the officer got the vehicle wrong. what does this mean? I am in the state of SD
A South Dakota defense lawyer can best advise you about the strengths and weaknesses of your case. They can also help you understand how to potentially defend it. The best course of action is to remain silent and identify a lawyer to hire. Thank you for your question.
i have a speeding ticket and misdemeanor possession of marijuana ticket , i dont have money for a lawyer and i have a must appear. what are my options, i am a college student
Since I know nothing about the facts of your case, I cannot speculate about your possible options. Maybe you can ask the court to appoint a defense lawyer to represent you. That might be the best course of action at this point..
I got changed with a misdemeanor for having 1 x pill on me but I didn't get sworn in when I went to court and I pled not guilty but ended up getting 6 months probation is that legal
Thank you for your content. Long story short I was helping a friend and he took advantage of me. This was very formal and belive it will help me in my case.
Thanks for sharing!
Questions: What do you do about people already locked up for small pot possession ...if it is. Now legal in their state..???
It is the law in effect at the time of the offense unless the law is retroactive.
I have a question. I'm being charged with a possession charge for meth on a illegal search and seizure
Then remain silent, talk to no one (including the Internet), answer no questions and consult a qualified defense attorney immediately. Good luck!
Thank you for helping, I am facing possession charges. Ex military first ever offence this has helped me a ton.
Of course!
Slipp'n Gus!!!! You go my man. Lwrup
Thank you but I don't let anyone but jack atwood rep me
A question Mr. Gustitus. A friend of mine went to a Lowe's store and was Alledge of carrying around a small bag with him in the store. When he played at the self check out register, apparently tthey say he forgot a cell phone and that black bag at the register after paying and walking out of store. He went back to store, to get his belongings back, that he had forgot. The employee noticed the items and gave them to her Supervisor, where they both went into a room and opened the bag. The employees say they found drugs in the bag and called law enforcem,ent. When he returned to store, the cops had also arrived from recieving their call. Either way bhe asked for his property back and the cops wouldn't give him any of the belongings. They asked him questions about the so called Discovery of finding drugs in a bag, which he denied any knowledge of it. The cops took down his info and sent him a summons 2 years later. There was no warrant and no video recording the employees opening up bag and finding these drugs. Whose to say they didn't plant that in his bag or set him up. Would that evidence be ADMISSABLE IN TRIAL if a Lowe's employee turned that over to law enforcement after CONTAMINATING THE EVIDENCE and what ABOUT CHAIN OF CUSTODY FOR EVIDENCE ??? THERE was no FINGERPRINT OR DNA Proving or showing that was his actual bag. There was a search warrant for the phone to see if there was any evidence to prove drug sales, etc. The warrant was executed and nothing to show any drug activity or the phone involved in any type of criminal activities.. Creditability of the witness and motion to suppress, since EVIDENCE wasn't preserved for trial and was contaminated with employees DNA on bag, not his.. How does he go about asking his Public DEFENDER to Supress or FIGHT, due to no warrant, omly a warrant to a phone cleared of any criminal or drug activity ???
He asks and then gets the lawyer's opinion on these matters.
Lowes employees are not restricted from searching the bag and then giving the evidence to the cops. DNA or Fingerprints are not required...just nice to have
must a search warrent contain the seal of the state and or stamp of the court clerk?
I don’t know what state you are asking about. In Texas, it only needs the judge’s signature.
Hi there 3 of my frnds got charged with possession of cocaine but it was less than half gram open bag they were sleeping in car while they were parking in walmart parking lot car was on cuase of AC was runing and cops come over and search the car they were not even driving and the substances was in glove box they didn’t knew that whos that they came from house prty and every body was using their car so thy dnt knw whr it came from do u think they can beat the charges and how long does it takes criminal code 4(1)
I don't know if they can beat the case. That depends on many factors, none of which am I familiar. I wish I could be of more assistance.
What exactly is possession with intent to sell or deliver schedule 2
It's actually exactly what it says. Possessing a controlled substance with the intent to deliver it to another person. These kinds of cases typically involve larger amounts of drugs (more than personal use), or drugs packaged for sale/delivery.
i have a manufacturing and delivery of more then 1g lesa then 4g charge i needa talk to you about
In the case of a possession charge with a person owning a vehicle that had gotten a possession charge with lending his vehicle to a person with probation would the person that owns the vehicle be liable still needing to give consent to the search of the vehicle if I did not give consent is it a violation of my rights
I'm really not sure of what you are asking me, but if a person is driving your car, they probably have the authority to consent to a search, even if you are not there.
Hi my sister was never arraigned for the charges against her on July 14,2020. The case still hasn't been resolved and has put our family through hell for almost three years. My question is can an attorney put in a plea for felony charges for a person?
If you are talking about a guilty or no contest plea, then no. Only the defendant has the authority to waive a trial and plead guilty. What does the lawyer say about the progress of the case?
Nice insightful and 2 the point. Man I'm from Florida and me and my girlfriend were headed 2 Biloxi 4 what was 2 be a great 3 day get away. 2 or 3 in the morning as we are about 25 mins away a cop on the side of highway had his lights on but no one in front of him as I past him so did 2 big rigs beside me 1 infront the other 2 the side . We all 3 past him around same time . I look back he's chilling. I had a weird feeling in my gut but knew I wasn't speeding, fu.ked up, or swerving absolutely I'm a hundred percent right about this. Look back further down the road almost out of sight and he comes hauling major ass up on my bumper rides my ass 4 a long long time then lights me. The criminal cop made me nervous off the rip. He went 2 girlfriend side passenger and he ask me 4 my ID and stuff then just freaked out on her and says mam what's wrong with you why are you making those faces???? Then pulls her out and takes her behind the truck and I was sure he was assulting her.he didn't hit her just yelled at her then pulls me behind my car and ask me why she's making faces??? I never and have never seen her make faces out of the 3 years we dated and damn sure not that night.. anyways he was pist that we were sober nothing wrong total duche bag cop , the absolute kind everyone fears getting pulled over by.he ask 2 search my car and I honestly wish I would have said no at first but I said ya and before we got out I said I don't think I want you 2 search my car but as far as he was concerned it was 2 late I had already said yes and he found 3.0 grams ice on my girl and I had like a gram of ice and 2 baggysof fentanyl 1 had nothing and the other couldn't have had a point in it ,which is a tenth of a gram. So he asked what was in them and I told him as a courtesy 4 his life, as I've seen cops on t .v. handle baggy then kiss the ground. So next morning detective talk to us unfortunately I told him it was mine and snitch on my self but then he said were going 2 cut ur girl loose and charge you with fent,ice. So had 50,000.00 bond and its been a year and a half and they'll be a raining anytime. Which is total fu.king bullsh.t I wanted a speed trail but no they've ruined me during this 1.5 years me and her had literally 1 of the best if not the best relationship. Now do 2 stress and other things were not dating. There able 2 arain me anytime and I'm on bond and have a app I check into every week cause I'm out of town.. number1 that cop should have never pulled me over at all end of story. But he being the absolute reason We The People are sick and tired of cops that don't know how 2 act,talk or remember there supposed to protect and serve not spy,violate,plant sh.t on people. I'm sure if I was a lawyer I'd be able to technically my way out of this a 100xs. I could use any help cause I'm freaking broke and if I have 2 and judge allows it . I will defend myself and go 2 trial. He's taking everything I ever cared about from me his going 2 atleast have 2 sit on the stand and lie to everyone before I get convicted! Thank you 4 your time
So a buddy of mine was driving to California from Seattle and got pulled over in Northern California area . Long story short he was followed for over 39 miles and pulled over for not using the indicator 500ft before his turn . Then pulled him out his car searched him , put him back in his car and then asked you have anything I should know about . He refused for search of his car but then they called in a K-9 unit and found weed in his car . Did he do anything wrong in this process?
If you are asking about his refusal to consent to a search, then no. His defense attorney will evaluate the facts and police conduct to determine whether the they did anything wrong. I wish him the best of luck.
@@GustitisLaw thank you
@@noemad26 Of course!
hello. i have a possession charge for psilocybin. i felt i was wrongfully searched and seized but i did give consent to search my person after a search warrant was threatened. do i have a chance to push the IV amendment?
I have no idea. I am not familiar with facts and, therefore, cannot give legal advice.
@@GustitisLaw ok. what facts could help you legal advice?
@@mrkokkinakis None. My channel was not created to provide legal advice related to specific cases. Only to educate people about their rights and responsibilities toward the law and the police.
If someone's on probation and somebody gives you a ride to the probation department do they have a right to go out there and search that vehicle
With probable cause or consent, yes.
In March 2020 I was sitting in friend's parked car on upscale residential street in California. Being ill & nauseated, I took brief (20 min) nap behind wheel awaiting my friend to come back & join me in car...I was in driver's seat in case car needed moving from row of mailboxes. Neighbor called PD for a welfare check. Deputy Sheriff's tapping on window awoke me, I told him I was fine and he wanted my ID. I refused. He and another DS yanked me out of car (parked for over 30 min) and made do 2 sobriety walks (I was taking antibiotics & pain killers for extensive dental work at the time). which I passed but I'd told him I was unwell, needed a bathroom, had diarrhea. He didn't care & made me do 3rd test wherein, midway during test, I soiled my pants. Other officers (3 more cars) had arrived. From dash cam you hear one officer expressing disgust with me and ordered me to undress in public street (he didn't want to soil his patrol car.) I couldn't complete last test so they arrested & booked me. My, now, 3rd Pub def has messed up my case & now 4 years later still awaiting jury trial. Prior to arrest yet after they ordered me to strip down, officers searched the car (without my permission) seeing clothes in backseat (they grabbed for me to change in to) and found drugs & paraphernalia (not mine) and arrested & booked me for possession. I feel several of my Constitutional rights have been violated. Can you offer insight, comment, advice to me about this? Thank you.
Are these videos for Michigan drug cases trials too?
I don’t know. You’ll need to read the criminal laws to be sure. Thanks.
DUI, paraphernalia citation first hearing paperwork as well (misdemeanor all across the board) mugshot roster says feel possession, cop cam has forcessed scared confession of it's whoever was driving. Suspicious call in for pull over.
I got stopped and the trooper said he smelled marijuana. He said i could go if he found nothing but comes out with drugs i didnt know was in the car. The drugs belonged to a friend but the friend wasnt present. I stand to lose my job, housing, and many other things if found guilty. What do i do?
Hire a qualified criminal defense attorney to represent you immediately. Remain absolutely SILENT! These cases are complicated and difficult. Your attorney will help you develop a defense to these charges. But remember that ownership is not the issue. Rather, knowing possession is the issue. Good luck and thanks for your question.
Listening and watching your videos sure did educate me and is helping me win my case I thank you so much and God bless
I appreciate your visit very much!
I have a pending hearing I am curious should I file a motion to dismiss before the justice court judge see me it’s the first time I have had court since jail
What would be the legal basis for the motion to dismiss? Remember, only prosecutors have the authority to dismiss, not judges.
i was told with the searrch warrant did not include a seperate garage owned by somebody else, but since the police acted on the presumption it was part of this property that the search warrant is valid.
I don't understand. Did the police search the garage that belonged to another person? Did the search warrant authorize said search?
I had a needle in between my 2 pairs of pants I was unaware of and wasn't patted down before I was taken into custody and I'm being charged with promoting contraband and possession as the syringe was uncovered during inventory after dressing out. Meaning the pants were taken out of my sight and I was hardly patted down even though I was arrested by 2 policemen and booked by another 2 for a total of 4 officers in whom are responsible for keeping the contraband out of the jail. This case has been going on for 8 months and my defender said to me that I don't have a solid argument yet not once has she even requested my story, I don't feel as though taking 2 felony charges is fair and I am now facing the decision of taking the plea or taking it to jury and I'd like some advice. There is so much more regarding half truths and down right inaccurate information presented in the in the discovery packet.
The only way to understand your situation is to investigate all the facts, circumstances, and law related to your case. Then the defense lawyer can provide competent opinions to help you decide how to resolve your case. I wish I could be more help. But I'm limited since I don't know the facts and law that applies. Nevertheless, I appreciate your visit and your question. I wish you the best.
I was set up by a family member to pick up money for a supposedly house being sold in Texas. Ended up getting charged with possession of 4.4 kilos of meth and 600 grams of fentanyl. I’m currently on house arrest awaiting court. I was released at first for no probable cause but then later indicted and put on house arrest. My public defender has not been a big help and I cannot afford a criminal attorney. Is there anything I can do to help my chances of freedom?
Well I have a friend and she have a charge of battery injury and she shot the guy his hand but he dropped the charges and I'm trying to see what do you think they'll do?
I'm sorry but I have absolutely no idea.
Hello sir.. A im so glad to found this knowledgeable video.. Question? Is there any specific case that drugs test do mandatory?
I'm sorry I don't understand. Can you please rephrase your question?
@Wrathof GOD It is certainly possible that could happen. Then they go to court the MUST be clean.
If you are moving from one state to another what type of lawyer should you ask for concerning transporting your guns in your ammunition Is this legal to do I ask this I live in California and I'm going to move to Texas in the u-haul with my family is it legal to transport my legally purchased firearms that are legal firearms and ammunition
A lawyer skilled in federal gun laws should be able to help. Good luck.
question 🙋♂️can you plead the 5th if the judge asks you how you received the drugs or got them? will you get into more trouble for that or?
You shouldn’t be talking to anyone. But ask your defense attorney to be sure in your case.
My friend is an addict. He was arrested with only drug paraphernalia. He had no drugs went to trial. There was no witness. It was his first offence. He recive 4 yrs in prison. What can i do what papper work can i file?
Please consult with a lawyer who can study the facts and give you competent legal advice. I cannot.
Is it legal for a k9 officer to pull over and search a vehicle pulled over for third brake light bn out but comenses to search despite driver refusing consent when officer says the vehicle was leaving a business during business hours that the officer claims to be a " known for drug activity" .
Since I haven't independently investigated this case, I am not in a possession to render an opinion about it.
My fiance was woken up by paramedics in a parking lot of a hyatt. when he stood up there was an oz of heroin on the pavement inn a closed bag. they told him he was free to go but then called the police and gave the aforementioned bag to the police. then police then went to our room and arrested him. all they found on him were scales and money. the money was alled creaseless and banded with a receipt from the bank. they arrested him for possession, paraphenalia, and casual exchange.. they also seized the cASh. thoughts?
The scales are a problem. An ounce of heroin is not typically for personal use. The scales suggest the oz would be cut-up for future sale. The money suggests sales have already occurred.
Even if the police have probable cause, (smell of marijuana & admittance of just finishing smoking), do they have to have consent to search for it to be admissable in court? Thanks
If they have probable cause they don't need consent. Now, they might need a warrant setting forth probable cause, but car searches don't need warrants.
Can you get a drug possession charge dropped if you got pulled over and had and old prescribed controlled substance not in package but can prove you had an old expired prescription for it
Hi I have a charge of simple postion that was getting dismissed in Jan. So I was pulled over never gave my permission to search my car they took my prescription meds then. Put me in hand cuffs then knocked me out by driving reckless then called ambulance told ambulance driver I was being charged. I called the court to report officer hitting me 3 times. In chest. Then they came with a warrant for simple possession so I have another simple possession on me how do I beat this
I do not know if you have a video on this subject exactly already because I am fairly new to the channel and my best friend is facing a drug charge of possession and it could potentially send him to prison for a long time even though it was not even enough to really test it should have been a very nice at best however I have only one Prior Drug charge and am facing a warrant for child support I do not owe. I want to know how hard would it be to say the drugs were mine and take the charge for him if I wasn't with him at time of arrest
I was on my way home one night where I was followed by a police officer I’ve made it home in my driveway and he still searched my car and said it was a traffic stop. In result of the search a firearm and 26 grams of cannabis was found how should I treat this?
You should treat this as a basket full of trouble. Hire a good lawyer to help you.
I'm studying Criminal Justice. We are asked if drug possession charges violate the Equal Protection Clause of the 14th Amendment. Probably too late for my paper but what do you think?
You are not telling me what conduct the law proscribes. Is the law treating people differently who are, otherwise, in the same circumstances?
What kind of questions would u use to pick a jurry in a weed possession case that’s going to trial 11/7/2022
Without having a full understanding of the facts and issues involved, I have no idea what I would ask them. Plus, before you start asking questions you must know what your defense is going to be. I’m sorry I cannot be more specific.
Can police search the Curtalidge of your home based off a tip alone? No evidence no pictures just a vague presumption?
If the tip meets constitutional standards, then yes. Your defense lawyer will figure that out. Good luck.
Hey Stephen ! I have a case coming up and while viewing the evidence against me ; i started watching an interrogation of an individual accusing me of selling her the drugs and at the start of her interrogation the one detective shows her a picture of me and asked her "do you recognize this individual?" She replies "yes that is Ryan" the detective then says "what's his last name?" She starts to hesitate trying to come up with the answer and as she starts to say "i don't know" you can clearly hear the other detective next to her turn his head and as he does quickly in a liw voice he tells her my last name. You can hear it clear as day. She doesn't hear him so she finishes her sentence of "i don't know his last name ". But in the video you can clearly hear the detective trying to tell her my last name so she can answer the question. Even though she didn't hear him; i was wondering if this would be a big deal in the eyes of the prosecutor and judge?
Your first and last names are irrelevant to whether a witness can identify you as the perpetrator of an offense. But please talk to your defense attorney about your concerns. Good luck!
@@GustitisLaw thank you for taking time out of your day to respond to my question. I agree my 1st and last name is irrelevant to my guilt or innocence. I thought it would show deception on the detectives part. Especially the way the detective try to whisper the answer while simultaneously turning his head away from the witness. Again I appreciate you and taking the time reply to my comments
@@Irish-King You may be right about impeaching the cop with this evidence. However, only your defense attorney can tell you for sure.
Hi Steve, I know this video is older but was wondering if you are still able to answer a few questions I have
I was driving my sister's car, i got pulled over. I gave them permission to search and even volunteered the dog to smell inside the car and after being arrested for a writ of attachment for child support. I found out they found a straw and a empty bag of cocaine under the driver seat they charged me with possession I had no knowledge the drug paraphernalia do I have a reasonable defense? Thank you for your response
If the jury believes you, you have a great defense. If they don't believe you, they will convict you. What does your criminal defense attorney think about the case?
i got pulled over for running a yellow light left turn in chandler az. officer asked if there are any weapons in the vehicle and i answer yes on the right passenger seat. officer asked to step out the car and sit on the sidewalk in front of the vehicle. officer asked to search the vehicle i say yes and i had thc cartridges in 3 bags of an amount of 7 each or less and the weapon has no serial code because i made it but it doesn’t fire and has bullets but not a full magazine. i was wondering what’s going to be my case since this is my first time and i had been arrested around 2:30 am when doordashing. after booking me, talking, taking a blood test, and i was released after at 5:30. the vehicle is not mine, i was to borrow it from my aunt till my own car gets fixed. the vehicle is available for pickup the next day for the owner, my aunt.
There is no way for me to speculate about potential outcomes in your case. Only a lawyer with knowledge of all the law and evidence applicable to the case can give you that kind of advice.
So if a guy gets pulled over and the reason for pulling him over was “no insurance” on the vehicle he’s driving and he proves that he has insurance on the spot and then they say they want to do a sobriety test so they make him get out of the vehicle and he gets out and they dont do a sobriety test they just start searching the vehicle without a warrant or permission and they find drugs in the vehicle while searching it what rites does he have at that point?
You have the right to keep your mouth shut and remain silent.
Is this search and seizure law also true for a 18 wheeler
I don't know. The laws regarding the search of commercial vehicles are sometimes different than those related to private vehicles.
Same rules. But cops can do inspections of commercial vehicles for safety and what they see, they see.
I was offered a drug diversion program for two class e felony possession charges which required completion of their 10 drug classes and random UA’s. I completed everything and never heard from my case manager once the entire time, after I finished classes I called the program and they said i was good and done. I’m being recharged due to failing multiple of the UA’s during this time period. However, I never once either heard from, or could get ahold of my case manager while I was completing the program. No one ever told me I was failing my UA’s and they had me still complete all ten drug classes after I apparently failed.
Do you have any ideas on what they generally do now?
I’m aware that you do not know my case or specifics I’m just trying to get some what of an idea of what they have done to others in the past that this has happened to. If you have heard of something similar please let me know. Thank you.
In Kentucky I been charged with Disorderly Conduct. When a cop confronted me for no reason. I threw him the finger, cussed him out, yelled at him, then walked away when he was trying to talk to me. He followed me after a few failed attempts of me not listening to him then arrested me. Went to jail for about 4 hours got out on a O.R. Bond. Now I need assistance what can I do to get out of this.
One other thing I forgot to mention is I am a first time offender. Never been charged before. I don’t want probation and I don’t want diversion. I just want this off my record.
In most states, laws on disorderly conduct prohibit a wide range of conduct. Like cussing in public, making loud noises, making bad smells (yes, bad smells), etc. A qualified criminal attorney who has access to all the reports, facts, and circumstances related to your case, could determine whether your initial contact with the cops was permissible or not. If not, maybe there would be an argument the evidence they want to use against you is not admissible in court. Hire an attorney to help you defend this case, if you can afford one.
I'm currently fighting a case from like last month this is my first actual time that I have to go to court I had a THC vape pen and that was it after that the cop told me it wasn't enough for any charges. My mom called me today telling me a cop came to her house saying I had to go to court what do I do? The court date is on april 29 I'm im Texas
You go to court and remain silent. Enter a plea of not guilty and keep your mouth shut. Do not engage the prosecutor in any conversation. Hire a defense attorney immediately.
Any aggravated robbery info??
What questions do you have about an aggravated robbery case?
Hello I would like to know if you get pulled over for no turn signal and the police find out your driving suspended, does that give the police probable cause to search vehicle
If they arrest you for the traffic offense, in many states that gives them the right to search without probable cause. Also, if the police department has any inventory search policy, they can search based on that policy after an arrest, without probable cause.
Parked in casino parking lot (casino calls in drug use in parking lot) police show up and come to my vehicle, have me exit and uses plain view doctrine to access my prescription pill bottle. Is that probable cause??
After obtaining body cam it shows all that, but also in surveillance room of casino and clearly shows that I was breaking pills in half and then using a bill to scoop into my mouth.
Plain view can be probable cause, yes. The surveillance video does not sound good.
I need advice on what to do in my case. I got pulled over in Nashville Tennessee with a half of weed on my way home. Its my first case ever what do I need to do in court?
I cannot give you advice except to remain silent, answer no questions, and hire a qualified criminal defense lawyer in TN immediately. I wish you the best.
I have arrested at the house but police came without warrant then they see marijuana then went get the warrant. Is that possible my case discharge ?
Your criminal defense attorney must review all the evidence and the law applicable to the case. Then the lawyer can give you advice about how to defend the case. Good luck.
Sir u are an American hero. The law works when we have appropriate knowledge
Thank you!! And I agree!
Can the police search your vehicle after you said no to the search in anyway or form and they get the K-9 unit and pretend like the k-9 have a hit are they allowed on search when it was supposed to only be a warning traffic stop
Sometimes yes, and sometimes no. This will be a special investigation for your defense attorney. They will determine whether the police conduct was proper or not.
What are your right if they pulled u over but they said they had a warrant for the vehicle
I never heard of a warrant for the vehicle before.
Is a mailed letter from clerk of courts a legal ticket
The letter stated that the officer made a conolaint
Probably yes. But you would need to review your state's law about how a person can be served with a ticket.
Text alvarhack on Instagram he will help you
Will the person still have 4th amendment even if that person had a warrant and was pat down to be taken in? Also While doing a pat down if the drugs were stuck to the bottom of his shoe (unknowing) after stepping out of a friend's car who was giving him a ride home can he be charged for possession??
Once you are arrested, the police can legally search you and perform a pat-down. The 4th amendment does not help you in that specific situation. How do drugs get stuck to the bottom of your shoe? Yes, the person can still be charged with possession in that situation.
@@GustitisLaw the (friend) was giving a ride home and it was a bag with less than a gran mostly residue back there and while the friend was driving he swerved got pulled over and during that time they were asked to step out the car and were told they were free to go but then the officer stopped them and asked for id and he gave it to the officer not knowing he had a warrant in another county so he was placed under arrest and during the pat down they emptied his pockets n everything but when they ask to lift his foot it was a bag stuck to his shoe. The guy who car it was told the police it was the other person and he didnt even know about it
That was a good response. Remaining silent during those circumstances is often the best thing to do.
@@GustitisLaw but how long would someone have to sit for that kind of charge?
how do I go about getting the dash cam where he said the driver ran a stop sign but did not and y did he not stop us till we got all the way home and stopped us in driveway and he had no body cam
Unless state law requires it, the police are not required to videotape encounters with the public. With that said, your defense attorney should file a motion to produce the discovery in order for everyone to review it.
I have a prior 2018 case here in Oklahoma for possession of CDS for marijuana.. although now in Oklahoma it's legal if you have a OMMA medical marijuana card..
I do know about the 17b motion to drop this felony charge to a misdemeanor but I'm not sure if this terminology will help me get this resolved and reduced to a misdemeanor
I don’t know either. I’m not familiar with OK law and whether the new law is retroactive or not.
I have a court case over drugs that weren’t mine LSD and addy, but i was driving the car to drop someone off, What are my options.
Without knowing the evidence, I have no idea what your options are. Possession does not mean ownership. You can possess something without owning it. My advice is to REMAIN SILENT and hire a qualified criminal defense attorney immediately. Good luck with this important case.
@@GustitisLaw thank you for your help I appreciate this in my troubling times
@@dopekagetm1588 Of course!
For Search and Seizure does that come in to play when the marijuana in question is found n military housing
Yes, it does. Your attorney will need to see if it applies to your case, specifically.
I have a friend who got search coming into a military base and now they are possibly gonna separate him even if it wasn’t his?
Ownership is not the same as possession. One does not need to own something before they can possess it.
@@GustitisLaw thank you for the swift response you deserve a follow sir!
@@Diamond._hartt Thank you very much!
Hello my fiance is Tunisian is prison right now charged with three different charges tell me what to do for him I'm in Canada
I have no idea. I am not familiar with the laws of that country.
Thanks for your video I’m ina situation where a passenger left a syringe behind her seat, in Illinois can they test it for DNA?
Sure they can test it. The question is will they.
Can a officer make you to get out of your car before asking for insurance registration or dl
Yes.
Can the state charge me with a drug possession charge if someone else plead guilty to it in the municipality of occurence? My boyfriend and i were pulled over and arrested. Originally he was charged with drug possession, that charge was amended to littering and a fine, which he plead guilty to. He had a second charge of drug paraphernalia, which he plead guilty to, that also was admended to littering and a fine. I had also plead guilty to a drug paraphernalia charge in the municipal court, which was reduced to liittering and a fine. Now the state has charged each of us with drug possession for that same occurrence almost 6 months after our original court case closing in the municipal courts.
Yes, they can.
Something wrong there....if you were allowed to plead guilty to a lesser offense for the same incident....that should block further prosecution...Unless the plea deal was not for the same case.