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@@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 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 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 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.
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.
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]
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.
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.
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!
"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!!
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.
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
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.
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?
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.
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.
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.
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.
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?
My friend was asked to work as a informant to dismiss their possession charge. He did as told but was still charged after they made their bust. Can he get the charge dismissed?
Unless your friend signed a contract with the prosecutor setting forth everyone's mutual responsibilities in the deal, they may be in for a rough ride. The problem with working for police is they have no authority to dismiss charges. Only prosecutors can dismiss charges. And when deals are verbal, and not reduced to writing, the police have too much wiggle room when determining whether the terms were satisfied at all. So, I don't know if the charges will be dismissed. That's up to the prosecutor handling the case.
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.
I just got my first possession charge in NY. Illegal possession of marijuana (less than 2 grams) and possession of a controlled substance (about 3 xanax pills) I told them about the pills because they said they would tow my fathers car if they found anything else in the vehicle. Many are telling me plead not guilty and get a public defender to try to get charges dropped since it is my first ever offense. Is it likely they will drop the charges?
I have no idea whether you can get the charges dropped. I do know your only chance is to acquire a criminal defense attorney to help you defend the case. In the meantime, plead NOT GUILTY and remain SILENT about the facts and circumstances of the case. Good luck and thanks for your question.
Thank u sir for this information.. My father have driver job in uk recently he is arrested by police due to some drug offence.. We are out of country we cant contact him... what we can do sir..?
I have 3 felony possession charges from 2017, 30k bond, which I sat for a month for it to drop to 15k. I made bail once that happened, I came to every docket call til last in February was my first court date which I had no transportation to make it (i live in a different state) did notify the court possible to send me pdf form so I can sign and email it back. The form with my signature was never received later into the year around September i was told bonding company came off my bail. I got a lawyer to represent me, he motioned the court date and arrest warrant. So now I just would like to kno for the years of me not getting into any trouble with the law in the past 5 years is it possible this case has any chance to be dismissed??
I don't know how your good behavior will affect this case. Sometimes it does, sometimes it doesn't. I'd say your current defense attorney would be better able to answer your question since they have access to the evidence, prosecutor, and judge involved in the case. Good luck and thanks for visiting.
Hello, I’m located in Georgia , I got caught with 3 kinds of pills, maybe 30 or so pills in all. This is my first offense, basically what I want to know is, with a good lawyer could I avoid jail time & get probation? Or is it mandatory jail time? I’m really lost with this kind of stuff and really just need some advice. Thank u.
The end result in your case will depend upon many factors. The facts and evidence. The prosecutor's policies. The court system in the community. And, of course, the skill of your defense attorney. Consequently, I have no idea whether you'll get probation or jail time. Please hire a criminal lawyer of your choice to start developing a defense strategy. Good luck and thanks.
If you were illegally parked, that gives the police authority to detain you. However, you did not explain how the police found the pills. Consent search? Plain view? Search following arrest for something else? Or what?
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 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.
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.
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.
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
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?
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
If you get charged for conspiracy for weed or as a co-accused & all there info is based on a CI can you push for motion to compel disclosure to try have it dropped in trial what’s the best way to fight a case like this ?
Every case is composed of factual components and legal components. Some defenses are factual and others are legal. That's why you need a qualified criminal defense lawyer to figure that out.
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?
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?
I just received a possession charge. I was in someone else's vehicle. They had meth hidden behind carpet, then behind a plastic panel barrier behind the carpet. So originally the car didn't have insurance. That's why I got pulled over. So they impound the vehicle. Then officer does a inventory check. While doing the inventory check that's when they "search" behind the carpet and panels etc. I didn't knowingly know it was in the vehicle. Or knowingly know the vehicle didn't have insurance. What are your recommendations?
My recommendation is to REMAIN SILENT and answer NO QUESTIONS. Next, hire a qualified criminal defense lawyer immediately. They will independently investigate the facts and give you advice about how to defend yourself. Good luck.
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.
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
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.
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 have a more specific question. Possession of marijuana on federal land, I have an active medical card & I am 21 years old. I had under the legal limit. I am trying to figure out how I should move forward, court is on the phone on Jan 12th, 2021. Thanks for the help
Mike, this sounds like a question for a federal criminal defense lawyer. Were the charges filed in state or federal court? Do you have a defense attorney to defend the case? Thanks for your question!
Question: friend was arrested for possession. They only were on possession of few grams. When pulled over they tried to hide the substance in a cup of water. The officers collected the cup of water....then took the time to go to the store and buy a cooler to place a bag of ice ( frozen water, not meth) my friend had in the floor board and the cup of water the substance was placed in. He is being chafed with possession over 400 grams. Is this legal ?
Since I am not familiar with all the facts of this case, it's impossible for me to give an opinion about the legality of police action. This question will be handled by his criminal defense attorney who WILL have access to the evidence. I appreciate your visit and your question.
I got a tobacco possession charge, it was my brothers vape and vape juice witch he accidentally left in my truck. I was driving home pulled over for a brake light out. My brother is going to testify for me and prove its his by describing it. Will they dismiss my case or will they think in lying because the vape was in my truck and i was the only person in the truck?
Your question reveals a keen understanding of the predicament you are facing. Remember that possession does not necessarily mean ownership. You can possess something you do not own. I’d say your brother’s testimony + your testimony that you did not know the contraband was in the truck might work. Of course, this strategy depends upon what you’ve already said to the police. Another possible tactic is to challenge the initial stop by police and challenge the search of the truck.
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.
I still have one question for you. Is circumstantial evidence hard evidence? I have possession charges but was found with nothing on me or in my car but the inmate I was visiting was later found with it. So they say I am only logical person to have possessed it when entering prison. Can this charge stick or is it worth fighting? Please any input would help
@@shawnmariewhittemore9137 Circumstantial evidence is used to convict people all the time. However, I cannot comment on your case because I've had no opportunity to review the evidence for myself. Your defense lawyer is the best person to discuss this with you.
i got into an accident, (a girl hit my bumper,) and the cops smelled marijuana in my car. they told me they now have probable cause to search but i ended up telling them where it was. (it was less than a gram/about a gram in a blunt,) and they gave me a summons for cooperating. no arrest. i have court in march for possession. i’m in Va, do you think i should get an attorney or just plea guilty and hope for the best.?
Pleading guilty and hoping for the best is ALWAYS a bad strategy. You simply have zero control over the outcome. Please hire a defense attorney to help. Thanks for your good question.
Hey, Stephen, I just wanted to let you know that last time I spoke with you I told you I had a client in Kaufman County, Texas, that was charged with drugs. Cops entered the house of our client's brother via search warrant and discovered drugs. Cops found a receipt that our client paid the rent for his brother 2 months before the warrant was issued. The manager of the apartments had asserted that our client did live at the apartment. Our client did not have controlled possession, any knowledge of any drugs inside the apartment. Police merely assumed that our client knew. Keep in mind there was nothing that linked our client to the drugs. When we filed a motion for discovery this past November we asked for all evidence the State had--including any witnesses--that put our client in possession or knowledge of the said drugs, and the State failed to produce any evidence. They did not even produce the rent receipt or try to argue that the rent receipt was evidence since the receipt was dated on the first of October 2020 and the warrant was issued November 27, 2020. Last week the State filed a motion to dismiss and it was granted by the court. The Judge seemed a bit confused when he learned that the States case was merely predicated on a receipt dated 2 months prior to the search warrant. Anyhow, the case was dismissed.
can your charge get thrown out if the officer the wrote the charge wrong ? like i got charged for “possession with less than half an ounce of marijuana” but the only evidence was a empty plastic baggie with nothing in it or not enough residue in the baggie
I doubt that such an error would get a case dismissed. But it certainly could be used to challenge the officer’s credibility on the witness stand. Good question.
I have a Question hopefully someome can answer. Im currently dealing with a case and the officers charged me with much more weight of drugs than i actually had. The particular drug was fentanyl and I know for a fact all I had was 4 points yet they charged me with 1.3 grams which is considered trafficking when it comes to fentanyl. Do they have to prove that I had that exact weight because if so I am in good shape. Also does baggy weight count or only substance?
That depends upon your state's law. The best person to discuss your question with is your qualified criminal defense attorney. Good luck and thanks for your visit.
Good morning Sir, I have a friend that is going through a drug charge right now. They had a search warrant when they went to his house. They busted through 2 or 3 doors ( totally unnecessary ) claimed they found some residents in a pipe and trying to charge him with possession of a controlled substance 1st degree . He wasn't even in the house when they busted in. Is there anything he can do to get it dropped? Any suggestions?
I don't know if they can beat the case. That depends on many factors, none of which am I familiar. I wish I could be of more assistance. The most important task now is to hire a qualified criminal defense attorney to investigate the evidence and facts and then give your friend advice about how to defend themselves.
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.
Question; my boyfriend and his friend were driving they were stopped by a police officer because he was looking for a man who was just in a DV situation. My boyfriend's friend who is the driver has a license insurance when they officer asked for my boyfriend's name he ran it and he did have a warrant. When he was getting out of the car at the officer noticed a container underneath his seat which had drug paraphernalia in it as well as drugs the officer did not test the drugs at the scene however did ask my boyfriend if that was indeed meth and heroin and he ate send it was. When he was arrested and then in court it was said that the case could have been thrown out however because he admitted to knowing what the substance was they were going to charge him for possession. What advice could you give to him
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?
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
If the person being charged with possession was with another person who was the owner of those drugs and placed the drugs in the purse of the person being charged unknowingly to the accused and is willing to make a statement to the court that the drugs were theirs is it possible for the charge to be dismissed or turned over to the admitting person whose drugs they were?
Possession and ownership are two separate things. One can possess something that they do not own. In a case like this, knowledge is the key contested issue. If the prosecutor believes the person taking responsibility, then the person has a chance at dismissal. If not, then they must defend the case using the best theories possible.
please respond i live in new jersey just got caught with a low amount of weed, and a pipe in my car i have one account of possestion and its my first offense, my friends say i dont need a lawyer because new jersey is going to be legal weed soon, what do you think? i dont want this on my record and i can only afford to pay around a few hundred to a thousand in fines, am i overreacting or?
Please hire a qualified criminal defense attorney immediately to help you. They will review the law and evidence and give you advice about how to proceed. Please remain silent in the meantime. Anything you say, to anyone except your lawyer, can be used against you in court.
@@GustitisLaw i hired one and we are going to atempt to get it downgraded as a first offense, they are very confident we can get it downgraded and not as something criminal on my record, any more advice sir or should i just leave it to the lawyer? and thank you so much for your content and advice
Hi sir,my husband is fighting a drug possession case his was charge last month and got lock up in jail there were 3 of them 2 got release and he end up in jail and charge with the glass pipe the police claim they found under the front seat he was sittin on...but mind you he was only a passenger ...they didnt test him no searge warrant..and it was not his car..need your best advice please
My best advice is for your husband to hire a qualified criminal defense attorney to research the facts, evidence, and law to determine what the best possible defenses might be in this case. In the mean time, make sure your husband remains absolutely SILENT about this case. Allow him to speak ONLY to a defense attorney!
So, I caught a 5th degree drug charge at my home. They found 6-7 ounces in my home and raided my vehicle as well. I caught the charges when I was on probation btw. They found my brother’s “legal” firearms that was placed in his property/backpack in my car that he drives and charged me with possession of firearms and ammunition too. So, basically they violated his rights as well because they seized the weapons. They declared the gun charges as a gross misdemeanor so I know that’s bullshit. They’re currently about to legalize cannabis in the state it happened in. Do I have a chance of beating these charges? If so, what angles should I take? Thanks!
I have no idea what your chances are. I would need to complete a thorough investigation of the law that applies and the facts of the case before I could render a competent opinion.
you probably have search conditions while on probation. Not your gun...but in your car? From the start thats a loser. But, Have your brother go to court and swear its his gun....ooops...your brother is a criminal too. Maybe he wont do that then. Still, you could get violated for violation of probation for having a gun in your car. Why do criminals always do what you do and then complain after getting caught?
thanks so much for this vid, rlly eased my anxiety could you answer this for me? so i was accused of smoking in the school bathroom (Tx) (which i wasn’t but my friend was so that’s why she thought i was too) and so the vice principal searched my backpack and found a vape which i ONLY brought to school to get rid of it by giving it to someone else. but at the end of the day i had a nicotine vape on me and now i have to go to court, what can i expect to happen?
I have no idea what may happen in court. That's why you hire a qualified defense attorney to review the law and evidence applicable to the case and then give you advice about how to defend yourself.
Hey man, i don't know if you'll see this, but I'm scared for my friend. she was charged with possession of marijuana and she lives in new mexico. (She's a minor) is there any possible way to drop these charges?
I heard that if the amount of drugs they found is not a large enough amount to test that it can be dropped? Is that true? Like if they found barely .1? Also I heard something about if the arresting officer doesn’t show up for court then the charges can get dropped is that true?
Question: if the law enforcement officer cannot find drugs but finds paraphernalia, how can they charge you with a "possession of controlled substance "...and dont they have to test and weigh any residue,if any, in that paraphernalia in order to determine what class misdemeanor you will be charged with? And if there's not even enough for them to test or weigh, can you get the charges dropped to "possession of paraphernalia. And if you're arrested for failure to appear on this drug charge of "poss of controlled substance " , isn't it illegal for them to label that arrest as another "poss of controlled substance " instead of the correct charge of "failure to appear "???
Those are all good questions. The best person to answer them is your criminal defense lawyer. They will review the evidence and the law and give you advice about how to answer these questions. Good luck.
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?
My wife is still dealing with probation nonsense from a drug possession conviction 10 years ago. In the Commonwealth of Virginia they just make the laws up as they go. They didn't prove without a shadow of a doubt that she was the person who possessed the drugs. She was charged with it because she wouldn't specifically name her husband at the time. He had spoon with some residue in it and some needles. She didn't even do drugs like that. The officers checked her arms, her legs, her feet, her hands, everywhere and found no signs of her using a needle. They saw his track marks, but since she wouldn't specifically say the stuff was his they charged her for it because the house was in her name. They had psychical evidence that the stuff wasn't hers, but charged her anyway. How can something like that stick? Could that be overturned? Help me out. Thank you.
I appreciate you watching and commenting on the video. Here's my problem. When asked to respond to specific questions about a specific case, I am actually giving legal advice. That's what you hire your own lawyer for. Additionally, I cannot give legal advice away without a full investigation of the facts myself. That would be malpractice. And lastly, I cannot give legal advice for free.
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.
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" .
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 was hanging out with my buddy last night on his property, we were actually just sitting in the driveway when the cop rolled up. We were both half asleep and had already gotten done smoking but he searched my car and his car. I had a gram or so in my console of my car and so did my friend. He charged us both with paraphernalia and when I asked him how this would effect me he said he didn’t know. I’ve never been charged with anything and don’t know my way around the system
My recommendation is to hire a criminal defense attorney to represent you. There may be legal issues to litigate in this case, like the initial detention and the search of the vehicles. A non-lawyer is not qualified to complete this work successfully. Good luck and thanks for your visit.
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 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.
If a search warrant was executed at my apartment for someone who’s not on the lease nor live there. Is the evidence valid in court? I was detained but not arrested.
If the search warrant was based on probable cause that evidence existed inside the residence, it’s irrelevant who is living there. But these issues should be litigated in court.
I have a question. The police 👮 were dispatched on me because of a wrong signal turn that I made in front of someone and when they came they took me out of the car and searched the car and found drugs outside the car about 10 feet away and I found out they charged me with that which I knew nothing about. Was that a legal search and seizure, without my consent? Even though they claim I was publicly intoxicated
It might be a bad search. But that will depend upon the reason for the stop and the reason for the search. You'll need to speak with your defense attorney about these facts to compare with the police reports and body cam video. Good luck with this case and thanks for your question.
I got charged with possession of marijuana less than 14 grams was given a ticket and was able to do probation didn’t keep up with my probation cost and got a court arraignment next week, will I need too have money for this or will I get time for this at my arraignment? This is my first charge and I’m 19 years old. I also live in Louisiana.
My brother got pulled over by a state trooper because they said he did not have his seat beat on, which they would not been able to see. They found pills and marijuana on him but they. Dismissed the wee and booked him on driving w suspended license without a seat belt and trafficking. This accord in the state of Florida, broward to be exact. What can we do to get everything thing dropped? P.s. my brother has never had a driver's license, would that change the driver's license suspension , or at least get it lessed to probation ?
Getting the case dropped requires winning a motion to suppress or getting a jury to acquit your brother. If the judge believes the police story about the seatbelt issue, your brother will probably lose the suppression hearing. He needs to hire a qualified criminal defense lawyer to do this work for him.
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.
Just because you admit to planting the drugs does not mean anyone will believe you. If you are protecting someone, that will affect the outcome. If your confession conflicts with the evidence, that will affect the outcome. So you can see it’s very difficult to precisely answer your question.
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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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.
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 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
Appreciate what you're doing man. Knowledge is key
Thank you for watching!
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!
I found it too helpful for my arraignment on tommorow. Thanks a lot!
You are very welcome.
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.
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.
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.
Sir u are an American hero. The law works when we have appropriate knowledge
Thank you!! And I agree!
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]
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!
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.
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'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!
"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!
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.
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
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
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’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.
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.
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.
Slipp'n Gus!!!! You go my man. Lwrup
Thank you but I don't let anyone but jack atwood rep me
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.
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.
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 thank you so much for your information it makes me less worry about what happened to me now thank you again !
You are so welcome!
My friend was asked to work as a informant to dismiss their possession charge. He did as told but was still charged after they made their bust. Can he get the charge dismissed?
Unless your friend signed a contract with the prosecutor setting forth everyone's mutual responsibilities in the deal, they may be in for a rough ride. The problem with working for police is they have no authority to dismiss charges. Only prosecutors can dismiss charges. And when deals are verbal, and not reduced to writing, the police have too much wiggle room when determining whether the terms were satisfied at all. So, I don't know if the charges will be dismissed. That's up to the prosecutor handling the case.
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.
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.
I just got my first possession charge in NY. Illegal possession of marijuana (less than 2 grams) and possession of a controlled substance (about 3 xanax pills) I told them about the pills because they said they would tow my fathers car if they found anything else in the vehicle. Many are telling me plead not guilty and get a public defender to try to get charges dropped since it is my first ever offense. Is it likely they will drop the charges?
I have no idea whether you can get the charges dropped. I do know your only chance is to acquire a criminal defense attorney to help you defend the case. In the meantime, plead NOT GUILTY and remain SILENT about the facts and circumstances of the case. Good luck and thanks for your question.
Thank u sir for this information..
My father have driver job in uk recently he is arrested by police due to some drug offence..
We are out of country we cant contact him...
what we can do sir..?
Consult with an attorney in the United Kingdom.
I have 3 felony possession charges from 2017, 30k bond, which I sat for a month for it to drop to 15k. I made bail once that happened, I came to every docket call til last in February was my first court date which I had no transportation to make it (i live in a different state) did notify the court possible to send me pdf form so I can sign and email it back. The form with my signature was never received later into the year around September i was told bonding company came off my bail. I got a lawyer to represent me, he motioned the court date and arrest warrant. So now I just would like to kno for the years of me not getting into any trouble with the law in the past 5 years is it possible this case has any chance to be dismissed??
I don't know how your good behavior will affect this case. Sometimes it does, sometimes it doesn't. I'd say your current defense attorney would be better able to answer your question since they have access to the evidence, prosecutor, and judge involved in the case. Good luck and thanks for visiting.
First video I've watched love it.
Thank you for visiting!
Hello, I’m located in Georgia , I got caught with 3 kinds of pills, maybe 30 or so pills in all. This is my first offense, basically what I want to know is, with a good lawyer could I avoid jail time & get probation? Or is it mandatory jail time? I’m really lost with this kind of stuff and really just need some advice. Thank u.
The end result in your case will depend upon many factors. The facts and evidence. The prosecutor's policies. The court system in the community. And, of course, the skill of your defense attorney. Consequently, I have no idea whether you'll get probation or jail time. Please hire a criminal lawyer of your choice to start developing a defense strategy. Good luck and thanks.
I was parked on side of store where it’s no parking and I was stopped with pills is that legal?
If you were illegally parked, that gives the police authority to detain you. However, you did not explain how the police found the pills. Consent search? Plain view? Search following arrest for something else? Or what?
Oh man I remember I got caught with oxycontin or oxycodone and weed they took all of it and they let me go
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 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.
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.
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.
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?
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.
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
If you get charged for conspiracy for weed or as a co-accused & all there info is based on a CI can you push for motion to compel disclosure to try have it dropped in trial what’s the best way to fight a case like this ?
Every case is composed of factual components and legal components. Some defenses are factual and others are legal. That's why you need a qualified criminal defense lawyer to figure that out.
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?
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?
I just received a possession charge. I was in someone else's vehicle. They had meth hidden behind carpet, then behind a plastic panel barrier behind the carpet. So originally the car didn't have insurance. That's why I got pulled over. So they impound the vehicle. Then officer does a inventory check. While doing the inventory check that's when they "search" behind the carpet and panels etc. I didn't knowingly know it was in the vehicle. Or knowingly know the vehicle didn't have insurance. What are your recommendations?
My recommendation is to REMAIN SILENT and answer NO QUESTIONS. Next, hire a qualified criminal defense lawyer immediately. They will independently investigate the facts and give you advice about how to defend yourself. Good luck.
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.
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.
Hello Sreve, I need your assistance on a personal drug possesion matter. I thank you for your videos they are very clearly inform
If your case is in Brazos County, Texas or surrounding counties, I'd be happy for you to schedule an appointment to meet with me in my office.
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!
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 more specific question. Possession of marijuana on federal land, I have an active medical card & I am 21 years old. I had under the legal limit. I am trying to figure out how I should move forward, court is on the phone on Jan 12th, 2021. Thanks for the help
Mike, this sounds like a question for a federal criminal defense lawyer. Were the charges filed in state or federal court? Do you have a defense attorney to defend the case? Thanks for your question!
Hi Steve, I know this video is older but was wondering if you are still able to answer a few questions I have
Question: friend was arrested for possession. They only were on possession of few grams. When pulled over they tried to hide the substance in a cup of water. The officers collected the cup of water....then took the time to go to the store and buy a cooler to place a bag of ice ( frozen water, not meth) my friend had in the floor board and the cup of water the substance was placed in. He is being chafed with possession over 400 grams. Is this legal ?
Since I am not familiar with all the facts of this case, it's impossible for me to give an opinion about the legality of police action. This question will be handled by his criminal defense attorney who WILL have access to the evidence. I appreciate your visit and your question.
I got a tobacco possession charge, it was my brothers vape and vape juice witch he accidentally left in my truck. I was driving home pulled over for a brake light out. My brother is going to testify for me and prove its his by describing it. Will they dismiss my case or will they think in lying because the vape was in my truck and i was the only person in the truck?
Your question reveals a keen understanding of the predicament you are facing. Remember that possession does not necessarily mean ownership. You can possess something you do not own. I’d say your brother’s testimony + your testimony that you did not know the contraband was in the truck might work. Of course, this strategy depends upon what you’ve already said to the police. Another possible tactic is to challenge the initial stop by police and challenge the search of the truck.
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.
Steve, I love your videos. I hope you have some knowledge to help me. Thanks again
Thank you so much for your kind words. I'm glad I was able to help you.
I still have one question for you. Is circumstantial evidence hard evidence? I have possession charges but was found with nothing on me or in my car but the inmate I was visiting was later found with it. So they say I am only logical person to have possessed it when entering prison. Can this charge stick or is it worth fighting? Please any input would help
@@shawnmariewhittemore9137 Circumstantial evidence is used to convict people all the time. However, I cannot comment on your case because I've had no opportunity to review the evidence for myself. Your defense lawyer is the best person to discuss this with you.
i got into an accident, (a girl hit my bumper,) and the cops smelled marijuana in my car. they told me they now have probable cause to search but i ended up telling them where it was. (it was less than a gram/about a gram in a blunt,) and they gave me a summons for cooperating. no arrest. i have court in march for possession. i’m in Va, do you think i should get an attorney or just plea guilty and hope for the best.?
Pleading guilty and hoping for the best is ALWAYS a bad strategy. You simply have zero control over the outcome. Please hire a defense attorney to help. Thanks for your good question.
Hey, Stephen, I just wanted to let you know that last time I spoke with you I told you I had a client in Kaufman County, Texas, that was charged with drugs. Cops entered the house of our client's brother via search warrant and discovered drugs. Cops found a receipt that our client paid the rent for his brother 2 months before the warrant was issued. The manager of the apartments had asserted that our client did live at the apartment. Our client did not have controlled possession, any knowledge of any drugs inside the apartment. Police merely assumed that our client knew. Keep in mind there was nothing that linked our client to the drugs. When we filed a motion for discovery this past November we asked for all evidence the State had--including any witnesses--that put our client in possession or knowledge of the said drugs, and the State failed to produce any evidence. They did not even produce the rent receipt or try to argue that the rent receipt was evidence since the receipt was dated on the first of October 2020 and the warrant was issued November 27, 2020. Last week the State filed a motion to dismiss and it was granted by the court. The Judge seemed a bit confused when he learned that the States case was merely predicated on a receipt dated 2 months prior to the search warrant. Anyhow, the case was dismissed.
That is, obviously, wonderful news for your client. I appreciate your update and I wish your client the best of luck in the future.
@@GustitisLaw
On behalf of our client I'm sure he appreciates your kind words.
@@stefanolorenzo2175 Of course!!
can your charge get thrown out if the officer the wrote the charge wrong ? like i got charged for “possession with less than half an ounce of marijuana”
but the only evidence was a empty plastic baggie with nothing in it or not enough residue in the baggie
I doubt that such an error would get a case dismissed. But it certainly could be used to challenge the officer’s credibility on the witness stand. Good question.
I have a Question hopefully someome can answer. Im currently dealing with a case and the officers charged me with much more weight of drugs than i actually had. The particular drug was fentanyl and I know for a fact all I had was 4 points yet they charged me with 1.3 grams which is considered trafficking when it comes to fentanyl. Do they have to prove that I had that exact weight because if so I am in good shape. Also does baggy weight count or only substance?
That depends upon your state's law. The best person to discuss your question with is your qualified criminal defense attorney. Good luck and thanks for your visit.
Good morning Sir, I have a friend that is going through a drug charge right now. They had a search warrant when they went to his house. They busted through 2 or 3 doors ( totally unnecessary ) claimed they found some residents in a pipe and trying to charge him with possession of a controlled substance 1st degree . He wasn't even in the house when they busted in. Is there anything he can do to get it dropped? Any suggestions?
We are in the state of Kentucky the good ole commonwealth
I don't know if they can beat the case. That depends on many factors, none of which am I familiar. I wish I could be of more assistance. The most important task now is to hire a qualified criminal defense attorney to investigate the evidence and facts and then give your friend advice about how to defend themselves.
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.
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.
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.
Question; my boyfriend and his friend were driving they were stopped by a police officer because he was looking for a man who was just in a DV situation. My boyfriend's friend who is the driver has a license insurance when they officer asked for my boyfriend's name he ran it and he did have a warrant. When he was getting out of the car at the officer noticed a container underneath his seat which had drug paraphernalia in it as well as drugs the officer did not test the drugs at the scene however did ask my boyfriend if that was indeed meth and heroin and he ate send it was. When he was arrested and then in court it was said that the case could have been thrown out however because he admitted to knowing what the substance was they were going to charge him for possession. What advice could you give to him
Remain silent about the facts of the case and consult with a qualified criminal defense attorney would be my advice to him, Heather.
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?
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
If the person being charged with possession was with another person who was the owner of those drugs and placed the drugs in the purse of the person being charged unknowingly to the accused and is willing to make a statement to the court that the drugs were theirs is it possible for the charge to be dismissed or turned over to the admitting person whose drugs they were?
Possession and ownership are two separate things. One can possess something that they do not own. In a case like this, knowledge is the key contested issue. If the prosecutor believes the person taking responsibility, then the person has a chance at dismissal. If not, then they must defend the case using the best theories possible.
please respond i live in new jersey just got caught with a low amount of weed, and a pipe in my car i have one account of possestion and its my first offense, my friends say i dont need a lawyer because new jersey is going to be legal weed soon, what do you think? i dont want this on my record and i can only afford to pay around a few hundred to a thousand in fines, am i overreacting or?
Please hire a qualified criminal defense attorney immediately to help you. They will review the law and evidence and give you advice about how to proceed. Please remain silent in the meantime. Anything you say, to anyone except your lawyer, can be used against you in court.
@@GustitisLaw i hired one and we are going to atempt to get it downgraded as a first offense, they are very confident we can get it downgraded and not as something criminal on my record, any more advice sir or should i just leave it to the lawyer? and thank you so much for your content and advice
I would leave it to your lawyer since they understand the situation better than I. Thanks.
Hi sir,my husband is fighting a drug possession case his was charge last month and got lock up in jail there were 3 of them 2 got release and he end up in jail and charge with the glass pipe the police claim they found under the front seat he was sittin on...but mind you he was only a passenger ...they didnt test him no searge warrant..and it was not his car..need your best advice please
My best advice is for your husband to hire a qualified criminal defense attorney to research the facts, evidence, and law to determine what the best possible defenses might be in this case. In the mean time, make sure your husband remains absolutely SILENT about this case. Allow him to speak ONLY to a defense attorney!
Is there a difference in them saying you have been indicated vs them serving you the actual hard copy indictment papers?
The only issue is whether you've been indicted, or not. It does not matter how you get notice of the indictment.
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!
So, I caught a 5th degree drug charge at my home. They found 6-7 ounces in my home and raided my vehicle as well. I caught the charges when I was on probation btw. They found my brother’s “legal” firearms that was placed in his property/backpack in my car that he drives and charged me with possession of firearms and ammunition too. So, basically they violated his rights as well because they seized the weapons. They declared the gun charges as a gross misdemeanor so I know that’s bullshit. They’re currently about to legalize cannabis in the state it happened in. Do I have a chance of beating these charges? If so, what angles should I take? Thanks!
I have no idea what your chances are. I would need to complete a thorough investigation of the law that applies and the facts of the case before I could render a competent opinion.
you probably have search conditions while on probation. Not your gun...but in your car? From the start thats a loser. But, Have your brother go to court and swear its his gun....ooops...your brother is a criminal too. Maybe he wont do that then. Still, you could get violated for violation of probation for having a gun in your car. Why do criminals always do what you do and then complain after getting caught?
thanks so much for this vid, rlly eased my anxiety could you answer this for me? so i was accused of smoking in the school bathroom (Tx) (which i wasn’t but my friend was so that’s why she thought i was too) and so the vice principal searched my backpack and found a vape which i ONLY brought to school to get rid of it by giving it to someone else. but at the end of the day i had a nicotine vape on me and now i have to go to court, what can i expect to happen?
I have no idea what may happen in court. That's why you hire a qualified defense attorney to review the law and evidence applicable to the case and then give you advice about how to defend yourself.
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.
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!
Hey man, i don't know if you'll see this, but I'm scared for my friend. she was charged with possession of marijuana and she lives in new mexico. (She's a minor) is there any possible way to drop these charges?
I don't know. Since I have zero access to the evidence in her case, I am not competent to provide any opinions. I'm sorry I cannot be more help.
I heard that if the amount of drugs they found is not a large enough amount to test that it can be dropped? Is that true? Like if they found barely .1? Also I heard something about if the arresting officer doesn’t show up for court then the charges can get dropped is that true?
I would say both conclusions have a dose of truth to them. But neither is an ironclad rule.
Question: if the law enforcement officer cannot find drugs but finds paraphernalia, how can they charge you with a "possession of controlled substance "...and dont they have to test and weigh any residue,if any, in that paraphernalia in order to determine what class misdemeanor you will be charged with? And if there's not even enough for them to test or weigh, can you get the charges dropped to "possession of paraphernalia. And if you're arrested for failure to appear on this drug charge of "poss of controlled substance " , isn't it illegal for them to label that arrest as another "poss of controlled substance " instead of the correct charge of "failure to appear "???
Those are all good questions. The best person to answer them is your criminal defense lawyer. They will review the evidence and the law and give you advice about how to answer these questions. Good luck.
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.
My wife is still dealing with probation nonsense from a drug possession conviction 10 years ago. In the Commonwealth of Virginia they just make the laws up as they go. They didn't prove without a shadow of a doubt that she was the person who possessed the drugs. She was charged with it because she wouldn't specifically name her husband at the time. He had spoon with some residue in it and some needles. She didn't even do drugs like that. The officers checked her arms, her legs, her feet, her hands, everywhere and found no signs of her using a needle. They saw his track marks, but since she wouldn't specifically say the stuff was his they charged her for it because the house was in her name. They had psychical evidence that the stuff wasn't hers, but charged her anyway. How can something like that stick? Could that be overturned? Help me out. Thank you.
I appreciate you watching and commenting on the video. Here's my problem. When asked to respond to specific questions about a specific case, I am actually giving legal advice. That's what you hire your own lawyer for. Additionally, I cannot give legal advice away without a full investigation of the facts myself. That would be malpractice. And lastly, I cannot give legal advice for free.
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?
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.
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.
I was hanging out with my buddy last night on his property, we were actually just sitting in the driveway when the cop rolled up. We were both half asleep and had already gotten done smoking but he searched my car and his car. I had a gram or so in my console of my car and so did my friend. He charged us both with paraphernalia and when I asked him how this would effect me he said he didn’t know. I’ve never been charged with anything and don’t know my way around the system
My recommendation is to hire a criminal defense attorney to represent you. There may be legal issues to litigate in this case, like the initial detention and the search of the vehicles. A non-lawyer is not qualified to complete this work successfully. Good luck and thanks for your visit.
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.
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.
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.
If a search warrant was executed at my apartment for someone who’s not on the lease nor live there. Is the evidence valid in court? I was detained but not arrested.
If the search warrant was based on probable cause that evidence existed inside the residence, it’s irrelevant who is living there. But these issues should be litigated in court.
I have a question. The police 👮 were dispatched on me because of a wrong signal turn that I made in front of someone and when they came they took me out of the car and searched the car and found drugs outside the car about 10 feet away and I found out they charged me with that which I knew nothing about. Was that a legal search and seizure, without my consent? Even though they claim I was publicly intoxicated
It might be a bad search. But that will depend upon the reason for the stop and the reason for the search. You'll need to speak with your defense attorney about these facts to compare with the police reports and body cam video. Good luck with this case and thanks for your question.
I got charged with possession of marijuana less than 14 grams was given a ticket and was able to do probation didn’t keep up with my probation cost and got a court arraignment next week, will I need too have money for this or will I get time for this at my arraignment? This is my first charge and I’m 19 years old. I also live in Louisiana.
I’m sure a good criminal defense lawyer in your area could give you a really good idea on what to expect. Do you have one?
Gustitis Law no I don’t not I was just given a subpoena the other day
@@dereklambert5597 Then your next job is to consult with a criminal defense attorney. Most defense lawyers offer free initial consultations.
My brother got pulled over by a state trooper because they said he did not have his seat beat on, which they would not been able to see. They found pills and marijuana on him but they. Dismissed the wee and booked him on driving w suspended license without a seat belt and trafficking. This accord in the state of Florida, broward to be exact. What can we do to get everything thing dropped? P.s. my brother has never had a driver's license, would that change the driver's license suspension , or at least get it lessed to probation ?
Getting the case dropped requires winning a motion to suppress or getting a jury to acquit your brother. If the judge believes the police story about the seatbelt issue, your brother will probably lose the suppression hearing. He needs to hire a qualified criminal defense lawyer to do this work for him.
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 i planted a bag of drugs in a friends bag and i admit in doing it will there charges get dropped and what will i be charged with?
Just because you admit to planting the drugs does not mean anyone will believe you. If you are protecting someone, that will affect the outcome. If your confession conflicts with the evidence, that will affect the outcome. So you can see it’s very difficult to precisely answer your question.
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.