3 Reasons to Defend Yourself in Court and Plead Not Guilty
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- เผยแพร่เมื่อ 14 ต.ค. 2024
- What are 3 good reasons to defend yourself in court? Our 3rd video in the series on plea bargaining pros and cons explains the reasons to plead not guilty, to fight your case, and to defend yourself in court. Visit www.gustitisla... for more information about the benefits of defending your criminal case in Bryan-College Station, Texas. Follow us on Instagram: / sgustitis
Other Videos in this Series:
Plea bargaining pros and cons - 3 arguments for plea bargaining ( • Plea Bargaining Pros a... )
Plea bargaining pros and cons - 3 arguments against plea bargaining ( • Plea Bargaining Pros a... )
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Disclaimer:
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
About This Video:
In this video about fighting your case in court, Stephen Gustitis answers the question why you might decide to defend yourself in court and plead not guilty, rather than take a plea bargain. Steve explains the prosecutor's burden of proof in criminal cases, choosing an impartial jury to decide your case, and the importance of cross-examination in court. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County, Texas. His videos cover a wide range of the best defense tactics and defense strategies. #defendingyourself #gustitislaw #burdenofproof
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Great video...some reasons to plead not guilty. 1) Delay the longer it drags on the better, witnesses can't remember, they move state and evidence gets lost or becomes unreliable 2) Covid 19 will drag the case on for eternity and with an overloaded busy court with huge backlog delays the courts are under serious pressure and your case could get dismissed. 3) You have more time to find the best lawyer and build a much better defense and gather all the evidence leaving the state with a weaker case. 4) Witnesses can lie in statements and later dont have the confidence to tell the same lies in court up against a defense lawyer with 40 years experience. There are of course many other reasons to plead not guilty but my favorite is you get to waste the states time and sue them when it's over.
Thanks for your thoughtful comment to the thread. Your thinking is right-on!
I’m facing a level 6 sexual battery. Female had said somethings that aren’t true and totally switched up her story to where her first accusation doesn’t add up. I’ve been going to court and been fighting it since October 2020. My lawyer just wants to take a plea. What should I do?
@@GustitisLaw just made a response.
🙏🏾
Not guilty
Man this guy is truly a professional, you can tell he has a high level of oratorical prowess and knowledge of the law, I guess that's why he's an attorney, i hope he eventually continues to upload videos I highly enjoy these lessons
I appreciate your kind words. Thanks for visiting my Channel!
I agree with you. I'm a new subscriber, I hope he keeps uploading.
RE: Hearsay and "alleged criminal charges" brings to mind "The Prison for profit" situation. Where the prosecutor always offers a deal to a defendant as a means to get a conviction. Our justice system is rife with injustice, there is little to NO fairness and something must be done. The USA has more prisons and inmates than any other country on this planet. Some of the laws we have here are absolutely ridiculous! Thank goodness for your you tube channel and the information you share.
Thank you very much for your kind words of encouragement.
@@GustitisLaw question if you have a witness on the phone talking to him and witness that seen nothing happened and a recording that nothing happened. Also the 911 call will show nothing was happening No pictures of the accused hands body cam will show no marks on hands But Alleged victim has marks on them Supposedly about the size of a Quarter Saying they were punched or slapped how to defend against said Accusations
Excellent presentation! Thank you. I have a question about discovery packet. In my packet from Meadville Pa. I was presented with pictures 9 thru 17. Where are the other pictures and can I request copies for court?
Just an opinion from my personal experience: Discovery is like "cut out paper dolls" that are attached together at each end. Admissions: Admit/Deny this or that. Interrogatories: swear under the penalty of perjury you did/did not do this or that. Req. for Production: Shoe me the documented proof of this or that. @@Nova-cw5jn
Wisconsin is awful for dirty crap. They have their jury instructions rigged to convict on anything besides crimes against persons or property. It's worded in such a way that s cop saying something by itself can get a conviction, especially on drug related stuff. 💀
Thank u for keeping me out of court this is jason I respect everyone
Never give up, never give in, if your innocent fight it until the end, if you lose for any reason, Appeal it and fight again. Do not stop fighting, do not take any plea deals ever!!!!! The State has to know your a fighter and will not stop, you can't be bargained with, you will fight until the end and then some!!!
Not good advice. Always evaluate plea bargains against the facts of the case. Appeal is very limited. It’s not a new trial.
@@GustitisLaw if your innocent force them to find and prove you guilty, it only takes 1 person to say hey, I think there innocent and you walk free, hung jury........ been there 3X already 1 time not guiltily 2 times hung jury! The State knows not to mess with me!!! I fight to the end and then some!!!
You crazy. Not everyone is as lucky as you are. I would rather eat the plea deal and move on with my life (depending on the so-called facts) instead of spending years fighting a case and appealing after losing
@@miguelrobb5719 if your innocent do Not plea.......stand up for yourself.......
@@ironjohn5914your delusional lmao
Another great video Mr. Gustitis. Maybe you can answer this question. Why do public servants hate the Constitution so much?
Brilliant presentation brother!
I am in West London, worked in law for a long time and certainly tasted prejudice and hate based discrimination off the back of an unfair trial, impacting all aspects of life and family members, based on police perverting the course of justice; and the justice system, in turn, covering that up and making the prospect of success an increasingly risky endeavour, through dint of underfunding, lack of resources, and other design flaws that actively incentivise injustice and maintenance of a class-discriminative status quo. Hence it becomes almost easier to settle for injustice and getting on with life rather than from fighting the machinations of discrimination. My case is not a one off. There are hundreds of thousands in this position in the UK alone. In fact, I am eternally grateful to have had the opportunity to both observe this close up and indeed be able to help others in this position. Sadly, I have yet to come across a comprehensive set of videos like yours originating in the UK, though it probably exists but I just haven't come across it! Thank you for this invaluable service!
Thank you so much for your kind words and encouragement. My Channel's intent is to educate people and help them learn to manage encounters with powerful authorities set on prosecuting them for alleged crimes. I'm glad I was able to help you!
In America felony transcripts are subject to such extensive revision that these forged documents can only be called fake histories. Words,phrases, sentences and whole exchanges may be altered or deleted.No objection made, grounds given or motion to strike from the record. No ruling on same from the bench.No notice offered to the defendant,jury or public.According to our Constitution government derives its just power from the consent of the governed.We are thus denied this. Experience has shown me people shut down when overwhelmed by too much information especially that conflicts with comforting beliefs long held so I stop here.
RA please can you contact me I am also in West London and in need of advice. thank you
R.A. (How) Are you (always) able to discern hate and prejudiceas base of unfair trials? I suppose I might have, too, had I not been multiple-stressed by many for decades (health-care, dentists , spychiatry, -therapists, the officials who are supposed to provide assistence for Aspergers (traumatized), but who deceived, tired out and set the trap of un-called for guardianship onto me, instead of the mild kind where I keep my integrity and rights. After decades of abuse ina highly sensitive person who has worked ahrd to understand and solve things, co-work and help herself, I now get it that those people dn't know the diagnosis , and don't make the connction of decades of stress and sleep deprivation, seeking help but not getting it, and stress-and exhaustion behaviour. Because in addition to innumerable instances of deception, lies, pretense benevolence, withholding of information and support, pretending to be helpful while tiring me out, destroying my already serious health, hope and life-energy, one can't keep a strong personality, have self-control, be calm, when one has been broken down by much abuse for very long , not had anyone adequate to talk with, counsel and learn from, been too isolated because of the harms effects.. Especially as they change staff all the time, even the judge in that guardianship case was a different one each time, despite Aspergers being known to not manage strange situations and unknown people. As a guard was going to escort me to the room the last time and I declined since I hadn't got sleep but sought legal advice online (american, since I found nothing for Sweden!), and tense at the sight of her ways and personality, she accompanied me anyway, smirking, obviously making fun of me and sabotging my attempts at grounding and equilibrium, so that I eventually screamed for her to go away and leave me to gather myself aswell as I could. Only much later have i been able to connect the dots and realize how much the sabotaged my case, withheld info , advice and my rights.
Can I complain years afterwards, being kept homeless, help-lessly withheld health-care and trauma therapy, moneyless (that "guardian" stole it all, lied to my bank, and my bank played along! I have ben a customer for 48 years and thought my money was relatively safe in the bank.) Can I say without risk of being killed off, that tha attorney imposed on me, deceived me, omitted to inform me the right of chosing my own attorney. He wasted my time and energy, lied about knowing Aspergers, did not prepare me for the case, let me study US law instead of catching up wit a little of my vast sleep debt, asked me to say as littöle as possible in the meeting. (i then thought he had prepared a defense!), and then,did not defend me at all! He behaved very nervously, and only later did it dawn on me that he may be afraid i would speak and prove that I am not crazy, incapacitated, dement or in a coma.
What can I do now, pease? I am onnly surviving, severly stress-sick and living in paralyzing fear, since they have not followed the law, ot even the courts. You don't have to even have Aspergers and be sleepless to be stressed from this. I need help or councel. Have no able friends with experience. Many don't even believe my story, it sounds too bad to be true, despiet all the crim books that peope read, hahaha. Sorry this got long, I can't think efficiently alone, need help and sleep. ishould be very grateful and glad for any useful answer. Be well.
The only thing lower than a cop is a pedophile in my experience
Thanks for all your wisdom. I had a malicious report made against me after an argument with myself and another driver. They lied to 911 dispatch claiming I brandished a firearm, which I did not, never have owned nor ever will. The police pulled me over, held me at gunpoint as they searched me, and ultimately release me with a PTA for misdemeanor "challenging to a fight ". My question is how do I bring charges against the other party for the malicious reporting resulting in a traumatic experience for me?
Thanks again
I don't know if the other party's conduct was a crime or not. But if you want the police to investigate a potential crime you must make a report to them. They will investigate the facts and circumstances. But remember, this investigation will also require you to speak to the police. Something I rarely advise doing.
Thank you for all your advice. Keep up the good work. Once again, thank you 🙏👍
Of course. Thank you for your kind words.
@@GustitisLaw Instead of having a jury trial are you allowed to have a trial only in front of the judge whitch I think they call a bench trial?
@@davidsoto4394 That is possible, depending upon your state law. And yes, it's called a bench trial.
I want to say thank you for the opportunity to have this information. I am in the fight of my life I know I am not able to trust anyone in my case. I find it a conflict of interest to be represented by the party suing you. I also have great fear because my fight is with the police, who continue to " harass " me. There is so much and I'm not even in the loop. I am trusting the information you give to better give me a chance to stop a bully cop.
My information is not meant to give you advice on what to decide in any given situation. That is what your lawyer is for. If you don't trust your lawyer, then hire one you do trust.
Another reason is that you may be able to reach a plea bargain with the DA. Maybe go to rehab, anger management for less or no time, probation even eventual dismissal if no other violations.
Those are possible outcomes, but don't try to achieve the best results on your own.
I love this. I have a great update for you. Las Vegas Will send tomorrow.
Thanks
Thank u for keeping me out of prison and jail I have been being good this is Jason thank u
Your information. Is brilliant! Thank you!
I'm not sure it was brilliant, but I'm glad it was helpful!
Thanks for responding. I know you can't help me, I just wanted to post the story while I still can, our lives have been threatened and he's been assaulted three times, so my view is if they want to take us out I'm leaving a trail so if we don't find justice, maybe someone else will...
Please stay safe.
I had an illegal search and seizure at my house, I told them I want a jury trial or I want it dismissed. They made me feel intimidated even my public defender. They wanted me to take a plea. I said no so they kept on having me wait all day and schedule another day. This went on for weeks. How do I tell them stop pushing my case out because I won’t say I’m guilty
Just don't plead guilty and wait your turn. You will eventually get the trial you want. Good luck in this important case!!
@@GustitisLaw thank you! This is what I did. Lol. It just felt intentional. Like they were hoping I would get tired of showing up and waiting all day everyday. My public defender was frustrated with me because I wouldn’t take it. I did get it dismissed
@@TheJoshheart90 It sounds like your public defender did an excellent job. Why are you upset about it?
@@GustitisLaw Because instead of trying to get the case dismissed like I wanted, they tried to make me plea guilty. I showed up everyday for a month from 9am to 5pm. They would ask me if I would take the deal. I would say no. Then I would sit and wait until the last case at 5pm. Then show up the next day and repeat the process. I’m the one that got it dismissed. I even ended up getting a new judge and a new public defender. If that makes any sense. They intentionally kept pushing the case out in hopes of me taking the deal they were offering.
The same thing happened to me.
The lying police told the mindless bobble head judge that I allowed them to search.
My useless public defender did nothing.
When I tried to say something I was told to be quite or I'll get an intemp of court charge.
A good ole bobble head judge protecting the very tight fraternity from being wrong.
Now I'm wondering what else is being covered up.
Hi there, I found this information rather helpful even though I live in New Zealand and although you posted this video in 2018 I see you still reply to questions put to you in the comment section. To me that speaks volumes as to the type of person you are and to that... I doff my cap sir.
Thank you so much for your kind words. My ability to script and shoot videos has diminished over the past few years as the demands of my law practice have increased. Since I appreciate viewers coming to my Channel, the least I can do for them is answer their questions the best I can. Thank you, again!
Mr. Gustitis, why do US Attorneys apply FOIA waivers and abandonment of property agreements in guilty plea bargains? I know they do it for reasons not to overburden them, but if the evidence is 10-12 pages of communication that shows innocence and is the complete case, what's the rationale behind adding those restrictions?
A WWII vet and Retired,
Police Officer of more than 30 years said, '' If they catch you with it in your hand, deny it Make them prove it".
The government does have the burden of proof in all criminal prosecutions. Thanks for commenting.
thank you for your video
Love your video appreciate you taking time out of your day to give your knowledge on things. My question to you is, if there is not enough evidence and you been incarcerated for 2 months and you are going to your 3rd hearing and u have a public defender but he/she hasn't shown up to any hearings , and u haven't heard anything from them , what can that mean ? Also can that case get dismissed for a lack of evidence
A lack of credible and admissible evidence could lead to a dismissal of the charges. However, I can't comment on that possibility since I don't have access to the evidence. I would call the public defender every day until you get to speak with them. Your questions are good ones and the defense attorney should be able to answer them for you. Good luck and thanks for visiting my Channel.
@@GustitisLaw Ty so much for your speedy response have a great day
@@nosleep513 Of course!
Thank you for the inspiration and hope of taking my case to trial.
Thank you for visiting. I appreciate your kind words and I wish you the best luck!!
I represent myself in court. Do you have an email I could tell you about my case and see your opinion? My next preliminary hearing is next Wednesday. Or I could call you sometime. Thanks I love your videos!
Thank you for watching and for your question! I usually don't like to answer my viewer's questions privately, since our Gustitis Law community, as a whole, cannot benefit from our private discussion. Maybe you should get an attorney to represent you in this matter. If there are questions you can share here in the comment section, I'd be happy to try and answer. I hope I can still help. Thanks, again.
There's most certainly pros and cons too representing yourself or being 're-presented by an attorney, and from what I learned from some digging is having an attorney renders you incompetent to the court. On the other hand the law and the system as we have it today is extremely complex and almost seems set that way for a reason, I as well have a prelim coming up and am on the fence on how too handle my defense.
I lost my prelims after the prosecution rested he forgot to Identify me in court but the judge let him reopen and finger print me the alleged victim lied and is not going to show up to trial I have the right to face my accuser if they don’t show then what happens???
@TheMrMarple man
@TheMrMarple I'm a Male. Also I have been objecting to there continuations for 6 months, at the end of November is there deadline.!!!
I think a plus to represent yourself in the court because at the end of the day your hired or public defender they know they are going home and I know there is no one going fight for my freedom as much or as hard as I am or will... thanks for your tips there very lessening ty
You're welcome. But remember, if you defend yourself, you will become a slave to the rules of evidence and procedure. That will hamper your ability to defend yourself. Good luck!
Usually not a good idea to defend yourself, but most public defenders see their role as simply to make sure you get a fair trial. They're not really motivated to get you off at all costs.
What should I do if my criminal lawyer isn't doing anything on a serious drug case. Hasn't done anything but got a bond a waive appearance for a year and nothing else
Thank you for this important question! The first thing you should do is talk with your lawyer about any concerns you have. You'd be surprised how many misunderstandings can be resolved by just asking a few questions. If this strategy does not help you, then consider hiring a new lawyer to represent your legal interests in this case. The great advantage to our system is we can fire and hire any attorney who is willing to accept our case. Lastly, consider watching our video entitled "Right to Speedy Trial - Common Reasons for Criminal Trial Delay." (th-cam.com/video/pKXXgQ_3dbU/w-d-xo.html) This video may also help you understand what may be happening in your case. I appreciate you stopping by and I wish you the best.
@@GustitisLaw how about if there is confession ? Due a pressure from police?
The best course of action is to avoid doing anything to get charged with this crime. Then you won’t have to get saddled with a bargain basement attorney who might have a substance abuse problem of his own.
My concern is crucial to my next challenge in the world.
Checking your credentials now .
Thanks for visiting my Channel.
Need advice on my case please!
Have you hired a defense attorney to help you? That is always the best course of action.
Yes
Ok, that’s good news. Please cooperate fully with your attorney and ask them as many questions as you like. Good luck. I appreciate you.
I got convicted for not remaining stopped/passing a school bus. Today I had my pre-trial and the prosecutor recommended that I take it to trial and plead not guilty. However I do not have a lawyer and will be representing myself. Also this incident has taken place more than 7 months ago. What should I prepare for and what should I do?
If this is my first defenses having an endangerment charge , what could happen? I need help.. I've never been in troublw before
You need to hire a qualified criminal defense attorney immediately. You must also REMAIN SILENT and speak to NO ONE about your case except your attorney. You should also deactivate your Internet social media. Your attorney will more effectively answer your questions than I can, since they will have access to the facts of the case.
my case is unarmed robbery but the kid I was with snatched the man wallet , also evading arrest this my second time .
I've worked as a Bailiff on civil and criminal cases. I've seen innocent people convicted and guilty people go free. There is no search for the truth. Case in point, most celebrities go free or do very little jail time. I had a murder case where the suspect admitted to his daughter that he had killed her Mother. The suspect hired Leslie Abramson to defend him. The jury was so smitten by Abramson, they brought in her book for an autograph. The jury ordered me to collect the books and admonished the jury not to have any contact with the attorney. I warned the Judge to dismiss this jury. There was no way they would find her client guilty. The Judge disagreed. When the jury came back, "Not Guilty", the Judge was so shocked, he got off the bench, went into the hallway and screamed, "I'VE NEVER SEEN A BIGGER BUNCH OF IDIOTS!".
That sounds like a great result!
Hello, I am from Texas,and last year I was charged and arrested for criminal mischief (broken window less than $750), I exercised my 5th amendment to remain quite and not talk with the detectives, and so they called me and informed me that they had a RING video and somebody called in and said it was me. video did not show a window being broke, but only a person knocking on door. However while in jail a group of us were brought in a room to see the judge via zoom. The judge then went down his list and asked everybody BUT me how we plea, Guilty or Not Guilty. I really would love to know if this is a typo and grounds for a dismissal? I have nothing on my record and would love to keep it that way. Thank you for taking the time to read my comment.
The judge sets bonds and reviews a case for probable cause. I doubt very much this is grounds for dismissal. But don't take my word for it, talk to your criminal defense attorney.
@@GustitisLaw again thank you for taking the time to read and reply mssg.
Very informative video Sir
Thank you for watching!
@@GustitisLaw you very welcome we now know who to come to for legal advice :)
Thank you for your videos ...they are very helpful...I have an open case where the narcotics do idiom stated in their search warrant that they witnessed me walk to a resident a month prior to them obtaining a search warrant for that same resident...I never owned or possessed a key to the resident...when they executed the search I was not in that resident...they were given the key by occupant of the resident and after completing the search drugs were found as evidence...officers saw me I. A parking lot connected to the apartments and placed me under arrest...I posted bond and on my court date entered a plea of not guilty...the state offered me a plea and I rejected it...18 months later the courts came and indicted me for habitual felon which I feel was a strategy used to coerce me to enter a plea deal..and also added to their evidence that I admitted to be the owner of the drugs found by narcotics..I do not believe suspicion is grounds enough for the arrest otr conviction...however my attorney has yet to further discuss with me a defense or the possibility of being guilty of the one thing I feel I am guilty of and that's trespassing...
That would be ..narcotics division...not idiom...my typographical error
These are important issues you described. Your defense attorney is in the best position to answer your questions. They have access to the evidence and law applicable to the case. They can discuss your options regarding the best way to defend yourself.
Your honor, my pronoun is INNOCENT.
Not guilty! Keep reporting!
I was involved in a “big” fight and i was caught and they had cctv footage of the fight my court is in couple of days what is likely to happen and will i get a criminal record for it ?
It can be hard to defend a fight on videotape. However, an experienced criminal defense attorney can help you spin the case to your best advantage. I don't know whether you will end-up with a criminal record. My advice is to hire the best defense lawyer you can afford to help! Good luck and thanks for your question.
Do u have any social media so that i can send you a picture and you can explain to me what is going on please
@@oddeee_8515 Please discuss these details with an attorney who you establish an attorney/client relationship with. (an attorney/client relationship is not established here at Gustitis Law) Posting information on the Internet can waive your attorney/client privilege and possibly be used against you in court. A private consultation with a qualified defense lawyer will protect your right to remain silent. Those are my thoughts regarding the defense of your case.
Gustitis Law alright thank you very much
Hi there i resisted lawful commands and didn't know it can topified as resisting pc 148 arrest and that i can be a 12 month jail sentence. I feel that I'm not guilty by a reason of not fully understanding the law code pc 148. It is my first misdemeanor offense. I wonder if therefore i should say not guilty and go to jury trial after arraignment. I'm in Modesto. I was being defensive about being pull over at 1140 pm for driving through a stop sign. I didn't see the stop sign and believe i did a fast rolling stop. I fearing a collision and the type that i have to feel there are no cars on the directions of travel to make a turn. I think partly especially at late night I'm use to rolling stopping if it is streets that are usually empty and i feel i see that there are no cars on those streets from my peripheral vision
Thank u for keeping me. It of c ourt
I need to take the Police to court. I was kept out of work for decades while they investigated me for retail fraud. No charges were ever discussed but the surveillance kept me out of work so long I lost over a million dollars. I want to sue for the money lost from all the time they took.
Hello, I have been charged with misdemeanors of resisting arrest with out and disorderly conduct and loitering & prowling. I have a prior conviction of burglary. My
At the early stages of a court case, pleading not guilty is typically standard procedure. Unless a plea bargain had been reached, a not guilty plea keeps all your options open. To be sure, however, make sure you discuss this question with your defense attorney.
Yes, thank you for this. I agree 👍. I feel better now.
You are welcome.
I would really love to talk to you on the phone .
Sure. Please call.
I wish you would be the head of justices in this country I can see and tell you are the fighter of the innocent people thank you 🙏🙏
Well, I really appreciate your kind words. But I'm also a fighter for the guilty people, as well.
Hi. I'm in Louisiana. I was charged with criminal mischief & taken to jail because I'm homeless & have nowhere to go. I didn't know that it was trespassing to be on a vacant house for sale. I thought it was abandoned. I was just trying to have somewhere safe to be. I didn't damage the property.
I didn't go inside. Just on the front porch. I will never make this mistake again.
I have court coming up on Tuesday.
Can we request the court to replace the assigned attorney if they are not returning your calls, emails, is not filing any motions on your behalf, talking to the county prosecutor and not informing you of what was discussed, not giving you copies of discoveries from the State, declining a face to face meeting. If we can request a replacement, how do we go about doing that. He Also has very bad reviews online. Can we report them to the State BAR so another poor person does not get a bad attorney.
If you want a new court appointed attorney, simply ask the judge. The worst thing that can happen is they will say no. Good luck.
I have a case where I went to pick up a friend and give her a ride to a different location on the way I got pulled over and she had out two large tall bags in the front seat of the truck I got pulled over for my headlight being out they took us to the back of the truck and handcuffed us for there our protection when one of the officer looked in the truck and saw a bag a fanny pack he then opened it and it contain cocaine to which I had no knowledge but when he asked who it belong to she denied it and we were both charged with it what is your input on this situation and thanks for putting out these very educational videos
Thanks for watching. These issues must be discussed with your criminal defense attorney. They have access to the facts and law applicable to your case. They are in the best position to advise you.
In a DUI case...... Would it be an admission of guilt, to do the classes and evaluations that are required when you are granted a bail, to get out of jail?
I have two cases in two different counties in the same day been dragging out all year both misdemeanors I have a public defender for one and the other im defending myself this Wednesday I'm worried idk what is going to happen
I have no idea what will happen. I only know 1% of what I must know to answer your question.
If you are a passenger in a car and the driver is a licensed gun holder but the police arrest you because it was by your leg . Do I have a fighting chance ? Are they in the right even though the driver admitted they are his ?
Since I am not familiar with all the evidence in the case, it’s impossible for me to provide a competent opinion.
I'm seeking to appeal it and hold officer accountable I'd love to go after the judge as well
I wish you the best of luck in this endeavor.
Hi Mr. Gustitus, I have a question...
I live in Ohio, and I just got arrested a few days ago and was charged with 3 misdemeanors.
Resisting arrest, obstructing official business, and disorderly conduct intoxication.
The judge released me the next day on a personal bond and i have to go back to court on the 16th.
I haven't had a case since 2014 and now this!! 🤦🏽
In your honest opinion what do you think there gonna do with me?
I really appreciate if you could give me some insight on this.
Thank you and God bless
I'm sorry, I cannot help you. I cannot give legal advice over the Internet. I don't know the facts and law applicable to the case. Your hired defense attorney can give you much more help than I can give. Good luck.
What if you have a public defender that is overwhelmed by multiple cases , ad is obviously rushing though the case and is not properly defending your case?
Talk to the lawyer about these problems and see if they can be resolved. If they cannot, then you'll need to hire your own defense attorney.
My girlfriend tried to kill me one day, I call 911 on her, the police instead arrests me(they did release me but I still have court) because a few days early she had gotten an injury when she was preventing me from leaving a room by blocking it, refusing to let me pass, holding on to the door as tight as she can. I was kept in the room against my will, I then forced my way through and her arm got a bruise.
I got charged with domestic violence when I was really trying to escape the room. In my state this is called Unlawful Imprisonment. I didn't mean to injury her, I had been trying to just get out..
This is a very serious issue, I feel misunderstood. Should I fight this case?
I hope you are reading this, your channel is a huge inspiration to me!
Thank you for visiting our channel. I’m happy we can help you! Any decision to fight your case should be made with the assistance of a qualified criminal defense attorney. Don’t try to handle this by yourself. If you cannot afford a lawyer the court will appoint one for you. Do you have a lawyer yet?
Chosen One Women are so fucking pathetic and hypocritical when it comes to using their gender to look like the victim, even though they start most arguments and are usually the first to name call and resort to violence.
Question: Can a police officer legally issue a ticket for a motor vehicle violation if they were not present and did not pull you over? Can they respond to a civilian complaint and issue a ticket based on that complaint? If there is video footage demonstrating the violation that the officer looks up after the complaint, is that legal and grounds for issuing a ticket? If there is only partial video footage and not for all of the violations cited and some of the violations cited in the ticket are not from video surveillance and only from the complaint? Please address this if you can and if you need further information, I’d be happy to provide it! Thank you! Love the channel!
Yes, the officer can issue the ticket without having pulled you over. If someone, or something, can identify the driver and the violation, an officer can come to your door and issue the ticket. Additionally, some municipalities have passed "administrative" laws which allow tickets to be issued without identifying the driver. The "vehicle" actually gets the ticket and the city sends the registered owner the bill for them to pay.
@@GustitisLaw Thank you for the quick reply. I’m not sure if the road violation in question was recorded on camera so I’m not sure how identifying the driver or vehicle would prove any wrong doing. Couldn’t anyone just call to make a complaint against someone they didn’t like? Again, thank you for what you’re doing…it’s quite helpful.
@@MeetMeAtTheCross The police would not rely upon a phone call from a 3rd party civilian about an alleged violation until they independently investigated the case. Hypothetically, though, they could file charges if they believed the reporting person was reliable and credible.
Still watching these series in 2021
Thanks!
Very good
Thanks!
I have my arraignment tomorrow for controlled substance! My pd hasn’t even spoken to me about my case and I have no idea what will happen. I really hope I get off easy
Call the lawyer every day until you get to speak with them. Ask them these good questions on your mind. With that said, probably nothing will happen at your arraignment.
what is the best way for me to speak with the solicitor on my case about the flaws in the case they have against me as a pro se defendant. I feel the case should easily be dismissed if they actually take a moment to look into the details. how does a lawyer normally contact the solicitor do the call them, go in person, or send an email or what is the way that you might handle it
I cannot advise you because I do not have access to the evidence. Only after reviewing the evidence could I help you decide what to do. It probably would be best to hire a defense attorney. They are trained to speak with prosecutors.
Hello,Thank you so much for what you
You are so welcome!
I got 3 agg assault w a Deadly weapon. My Arrest date was 7/26/18..... Made bond in Nov 2018. Nov 2019 We did a motion to speedy trial, I have been to 12 pretrials and court dates and still they no trial day, I feel they violated my Speedy Trial right, my co defendant already signed 8 years TDCJ and sent my Lawyer an Affidavit stating it was him who acted and is now paying the price, on 3/3/22 we had a motion to dismiss due to the speedy Trial Length, today 3/15/22 i got informed that We have a pretrial on May 17th 2022, can these charges get dropped that day or was my motion denied
Thanks
The denial of your motion for speedy trial will be reviewed by the appeals court following the resolution of your case.
I was parked at a friends house and decided to go to sleep and the police said someone called 911 because I was in the intersection. He proceeded to wake me up and asked me to roll my window down and I asked for what because I didn’t break any laws. He threatened to break my window so I ended up out of the car. He then asked me to take sobriety test which I refused because I wasn’t driving I was parked. Long story short he then arrested and wrote a bunch of bs in the report. The only footage or evidence is what he said happened and a video of me in the back of the police car. I’m about to go to trial. Do you think I stand a chance?
I have no idea. I have not reviewed or evaluated the evidence myself. That's why I cannot give you a competent opinion.
Great video!
Thanks!
As a NJ resident and through the tyrannical for profit motor vehicle statutes I’ve been fortunate enough to now have acquired at least 1000 hours of court room experience. At only months away from 40 years old, MY judicial branch of government who in reality is at MY. Service has intimidated me out of at least 6 figures, 5 years of my life in jails and prisons, at least 10 years of intrusive probationary supervision, and I’ve only had a valid drivers license for maybe 3 or 4 years of my life. I am non violent, I am not a thief, I do suffer from substance abuse issues and have the audacity to drive a car while suspended for paperwork transgressions or for being completely indigent since finding work requires driving. I’ve had private attorneys and public defenders only to watch both enter the courtroom, say hi to their friends, and convince me to cop out. After years of this and some seriously us investigating I’m beginning to find out that what occurs in these courtrooms is completely criminal and fraud in its clearest sense. I have a few cases coming up where I will be representing myself because I can not eve pay for representation to renders me a ward of the court. I want to fight, I’ve lost too much, and now I know too much and can play their game anymore. Would love to hear back from you and hear your opinion on the approach I’ll be using. I could really use the conversation. Look forward to a reply and thank you for the work you do. Be well sir
Since I'm not licensed to practice in New Jersey, I cannot express an opinion about the facts you asserted in your question. Have you thought about requesting a pardon for your convictions from the New Jersey governor?
@@GustitisLaw that actually NEVER crossed my mind...my belief was by doing so I would be charged with a new offense...”wasting the
‘Empowers’ time” That’s really the mind boggling bad luck I have with encounters with law enforcement...however...over the years when I made a noble stand for my rights and what justice really was,,, how the court of the people hadn’t resolved a single issue outside of filling in budget shortfalls by playing heavy handed patriarch to its unsuspecting “US Citizens” ( a term I have a real problem with) all through a game where double talk reigns supreme and you are intimidated and convinced that these matters (a speeding ticket) exceed your childish comprehension. In your experience have you seen appeals for gubernatorial relief for matters that barely fall outside the non-existent jurisdiction of traffic matters?? Also curious where I could mainly find a template to follow if I were to do this. You also mentioned that you are in Texas and I am well aware of the difference in state law and constitution, however, the defense I am considering would be a constitutional defense...and not the original documents secret sequel drafted for the US Corporation in 1871 using the Crown Corporations silent weapons for quiet wars as an assault on its people. Concluding by invoking the second part of my second amendment deeming the court tyrannical, retracting my consent to have any officer of the court looked at as an authority on these matters and abolishing it...weaponless of course...only words and facts as weapons. And now with SCOTUS demonstrating failure to adjudicate at the highest levels I believe the argument finds its way off of the high seas and onto solid land...I know it sounds a bit radical...but I can only get taken advantage of so much...I’m armed with facts and no fear and have a few other tricks up my sleeve that would transcend state lines...again...thank you for the reply and I truly look forward to hearing your thoughts on this...if you find it interesting I would be willing to provide my phone number and perhaps we could have a conversation....best wishes and thanks again...John
What the different between confession and plead ?
I have a stop sign citation im scared it my first court appearance in Houston Texas. please help
What about if your defence lawyer pushes you towards a guilty plea and all his assistants are indifferent to your case.
How long does my public defender (Santa Barbara, CA) have prior to Feb 1, 2024 trial date, to file a motion to refute or object to heresy testimony at pre-trial against me?
Those objections are typically made, and ruled upon, at trial. With that said, I am not licensed in CA so I cannot say for sure.
I just went to court june 16th.
They never asked me how I plead and they didn't give me a chance to defend myself.guilry pay fine.and when I told him I was indigent and unable to work to pay the 100 fine he raised it to 150 and gave me 4 months to pay.
I've had 11 operations in the last 14 months.i use a knee crutch to walk and have a wound vac machine hooked up to my foot
I go 3 times a week to the hospital to change and clean wound
No one will hire me using the knee crutch the wound vac I can disconnect for 2 hours early a time and I do so when applying for jobs.
I really don't know what to suggest under these circumstances. I wish I could help more.
Im sorry for im just learning and theres seemsto be a lot of underhanded actions taken place here. I wantedto ask you : Can i appeal if:
I am legally disable(TBI) and my public defender knowing itwas his responsibility he did not reques ADA Accommodations for me?
Is it a threat or cohursion when your told to accept the guility plea or I could face up to a year in jail ?
- After I accepted and signed on 10 day in home confinement. Can the judge take that back then tack on 60 more = 70 days days for some Three items they overlooked.
1. he overturned a decision made by a previous judge threw out.isnt that double jeperity?
2 said i didnt finish treatment when i did and provided the proff several times to my po who never filed it. I was given 20 days for that. When I told my attorney that I did finish he said that didn't matter to him.
. I didn't understand the language what the DA,my attorney and the judge were using between them. With the tbi I was extreemy overwhelmed and scared that if i didnt agree i would go to jail.. And can the po get away with not filing my two certificates of completion?
If you are looking for legal advice, you'll need a lawyer to independently investigate the facts of your case before rendering any opinions.
Hi, I have an attorney in Florida. My daughter has found drugs/alcohol. Ran away a few times. Came back with attitude, started vandalizing my apartment. I restrained her and put her outside best I could. She was crying and neighbors favored her as did cops. I was charged domestic battery. I have a clean record for 16 years, but felony prior. I have a no contact w my daughter. I value my clean record
Do I plea, or take to trial?
Only your defense lawyer can give you that advice. I have zero access to the law and evidence related to your case. Consequently, I cannot speculate on potential courses of action. I'm sorry.
Our due process rights are violated in traffic court. I have a potential case which I would like to consult with a civil litigation attorney. Any information regarding this would be appreciated.
If you'd like to consult with a civil lawyer, you can certainly do that. I'm not sure what a civil lawyer can do, however.
What do you do when your in jail for 4 months for failure to appear on felony charges pretrial 2plus years in fighting for jury trial talking to public defender on zoom i bring up getting bond reduction and also speedytrial was told i was correct on my thoughts and present valid points but ill be in here 9 months before he would let it go to trial or i could plea out now to 10 5 suspended 60months p.o.
If you are looking for legal advice, you'll need a lawyer to independently investigate the facts of your case before rendering any opinions.
Can I get a consultation ? I’m already set for trial in April and I’m defending myself
Sure. Please contact my office and schedule a visit with me here in the office so we can discuss the case and get to know each other.
I had a young man come stay with my children and I while on military leave. He had asked to have a few friends over when I was going out of state to pick up my daughters car which broke down. The night I left he had a huge party with under age drinking. A gun was discharged on my property with no injuries. I am my son are being charged with social host violation. I never agreed for alcohol on my property nor did I buy alcohol. Neither of my children were aware of the magnitude of what was to transpire. They were unable to reach me due to reception issues to stop the party and were unsuccessful in getting people to leave.
Can I be held legally responsible when I was unaware of the military visitors true intensions of having this party while I was gone? Misdemeanor with up to $500 fine for first offense in my state.
I have no idea. This is why you must hire a defense attorney licensed in your state to investigate both the law and facts involved. Then they can give you competent advice and answer your questions. Nevertheless, I appreciate your visit and your question.
Tell can the state use a witness who is not having any statement in the docket, against your case and why must the judge agree on such a witness?
If the witness has relevant testimony related to the issues in the case, the judge can admit the testimony. However, the witness is subject to cross examination by an opposing party to test the credibility of the testimony.
I have a court case for a speeding ticket in a couple of days, I had a bunch of bird poop raining on my car for a literal minute but I don't recall speeding at this time but I could've been. I do however recall speeding 65 in a 55 which was 2 signs later. 70, 55, 55, and pulled over in a 65. He wrote me down for an 85 in the 2nd 55 *Which was my acknowledgment of my speed since getting pooped on and in order to defend my case I don't know if I should say plead of innocent or plead of bargain.
I don’t know either. Since I don’t have access to all the evidence in the case, there is no way for me to express a competent opinion. Fact are equally important to the law involved. Good luck with your case.
@@GustitisLaw by needing his evidence you mean he should scrape off the bird poop and mail it to you?
If you are already booked in the county jail on drug charges and they call you out and ask you about evidence without reading you your Miranda rights do u suppress all that evidence dealing with that charge or just the statement
Miranda only applies to testamentary statements. But since I don't know the full extent of the facts here, I cannot provide a reliable opinion. Please speak with the lawyer defending the case. In the meantime, REMAIN TOTALLY SILENT. Do not talk to the police. Do not talk to fellow inmates. Do not talk about the case over the phone. Don't write any letters which mention the case. Answer NO QUESTIONS.
Beautiful golden video
That's not a good light to have behind my head. Obviously, I am not a good cinematographer.
In my case, the cop’s bodycam was off and my lawyer knows about it. How would this affect my case?
I was pulled over and was claimed I was on my cell phone.. they had like 10 cars on the side of the road.. cop that pulled me over was told by a nother officer I was on my phone and I wasn't.. I have to plea not guilty will it show up on record if I do so.. and what is the procedure if I do have to go to court?? I'm in Connecticut.. thank you.. and btw awesome and very informative video
Were you given a ticket or were you arrested? Standard procedure is to plead not guilty, obtain discovery from the prosecutor, evaluate the evidence and defensive issues, then plan your defense. This is best accomplished with the help of a skilled attorney. If you were arrested, then a background check would reveal it. If only ticketed, then maybe not. Thank you for visiting, watching, and asking a question. I appreciate your kind words, as well.
Can I reach out to you ? I have case I’m tempted to go to trial for instead of plea
What happens when the plaintiff can't be found by the state. On the run. Will the case be dismissed?
That is up to the prosecutor. Only they can dismiss a criminal charge. But don't forget . . . the government can find anyone they set their mind to find. Everyone can be found eventually. Good luck.
I only ever had one semi-serious issue before a court and I'm glad I hired a lawyer. My default would have been to testify during the trial to defend myself and prove my innocence. He reminded me they didn't have any solid evidence to begin with and I'd be better off just keeping my mouth shut and fighting the urge to defend myself. It felt counter-intuitive to me to not defend myself. However, he was right. Expensive, but right.
Outstanding! Thanks for sharing this. It may help other, as well.
A great reason to defend yourself is your innocence!! Also if they've made mistakes in obtaining evidence , used non credible C.I .'s ...if the police themselves are known and have been disciplined for conduct unbecoming of a police officer ....also if your from an area where police are mistrusted and have low public opinions you can use your knowledge of geographical public info such as wealth , education , and other things such as blue collar areas , if the area you live in has alcoholism you can probably find a juror sympathetic to DUI defendants because they've probably had personal experiences involving such cases with loved ones etc .....it's an art ....
It would be an astronomical event for all the factors you listed to be present in any one case. Maybe you have one credible claim, maybe two, but no way more than three credible claims of the ones you listed. I do appreciate your contributions to the thread and for visiting the Channel.
I was recently pulled over while renting a U-Haul truck on the way to my home from job for no headlights being on. I explain to the officer that the U-Haul carry a updated system which has auto lights adjustment. He then took me as being a talker guy so he then slammed me with a careless driving as well for the headlights. It’s almost impossible to drive the new 2022 ford cargo van without the headlights because the front lights cut on the minute you put the van in drive. The results of this was 550$ worth of tickets with two of the tickets being almost similar. Careless driving - driving with no Headlights - switching lanes with out a turning signal. In the back of the U-Haul I carry a 500 lbs water tank and 300lbs pressure washer with over 50 bottles of chemicals cleaning supplies. I was told shut up and take the ticket. Is there anything I can do about this and how?
Ask for a trial. That is your opportunity to defend yourself. Work-out a deal with the prosecutor is another option. I wish I could help you more.
I have been fined for parking on "a continuous yellow line" I am pleading not guilty as the yellow line was not continuous. I took a photo at the time proving the line was broken and my car was parked behind the broken line. Do I have a case for pleading not guilty?
I have no idea. Please hire a qualified lawyer to review the facts and give you advice.
What if a defendant is somewhat guilty, but not necessarily for the crime being charged, prohibited possession, and on the other hand the police and reports contain several inaccuracies, numerous errors, and added additional events in a report that were unrelated in order to strengthen probable cause? Could this be a good reason to negotiate a plea?
Without an independent and thorough investigation of this case, it's impossible for me to answer this question. However, what you describe sounds like there may be fodder for the cannon of impeachment of the witnesses. That's really all I can say with any confidence.
One reason for fighting a case and not plead guilty could be for non-citizens, particularly undocumented. Since most judges do not inform about the punishment of immigration issues (which is usually much more than some jail time, or fine), they avoid fighting and miss any chance of being able to get the case dismissed after the trial.
In Texas, the judges are required to advise all non-citizens, documented or not, of the immigration consequences of entering a guilty plea.
Hello, I am trying to gather as much info as I can as I can not afford a criminal defense lawyer. My father is currently in jail and has been since February 2019. They don’t have any evidence against him and the “victim” who lives in Ireland, won’t answer her phone anymore- for months now. She wants nothing to do with this case. His assigned lawyer won’t help him or answer/return our phone calls. I want to know, how long can they keep him there without evidence? They’ve Skyped the girl in court once before and she stated “I don’t remember anything, I’m married, no no and NO!” But they refuse to free him. Please, any advise?
I appreciate your desire to help your father. However, your conclusion there is "no evidence" may or may not be accurate. The defense attorney should have been given access to the evidence/discovery in the case. What does he/she think about the quality of this material. If you cannot afford to hire your own attorney, you are stuck with the assigned attorney, unfortunately.
Thank you so much.
You're welcome!
I have a criminal case of theft for switching the electric skateboard vehicle part on someone’s. And tricked him that it’s damaged, the investigator took my part and returned it to the original owner. Now I received a letter I need to go to the court💔 will I’ll be okay? If I follow some of your reasons will I’ll be alright? I am very new with court and law.
I have no idea whether you will be ok. I have not reviewed the evidence and facts. I don't know what the victim wants. I don't know what the prosecutor wants. I don't know what the judge may require. That's why I cannot answer your question.
Great video...please lawyer i need your help, i have a case of illegal deportation and my lawyer in that country take the matter to court and court send letter to my lawyer to get reply for me by Augus,t till now i didn't get reply even my lawyer refuse to pick my calls and my email anymore and my child is in that country, dose that mean the case dismissed?
I cannot help you. I am not familiar with the facts and law applicable to your case.
In an event that a housekeeper takes a belonging of someone from a room that they weren’t necessarily assigned, would the charge of grand theft third degree as well as burglary second degree be liable and reasonable to fight in court ? The value of the item was around $700-800 and the room was at the hotel the housekeeper was cleaning in. How would one fight against this in the event that it is taken to court, or in an event that court hasn’t been an option. What should a person do ? Would consolidating a lawyer be reasonable or would fighting my case work in the defendants favor ?
Those are all good questions. However, only a skilled attorney who has independently investigated the facts and law applicable to the case can answer them. Do you, or the person you are talking about, have a defense lawyer hired yet?
Hi Mr Gustitis. I'm unsure if I should plead guilty or not guilty in my case; I was caught shoplifting at a Walmart. The security personnel filled out an extensive report and took pictures of me. During the time they had me detained I acknowledged I was guilty, they called the police and they gave me a citation. My court day is coming up in two weeks. I'm an illegal immigrant and a lawyer I consulted is telling me to plead not guilty, but the evidence strongly points that I am guilty. I really don't know what to do and feel very scared. Thanks in advance for any insights.
It does not matter what you think the evidence shows. Your plea is not guilty. There are so many long term consequences you face without proper legal counsel. Your non-citizenship is a big problem. You must hire a lawyer.
Thank you Mr. Gustitis, I will see a lawyer this week.
My neighbor and I had an encounter that involved shouting. This neighbor said I had brandished a gun. His brother witnessed the encounter from an obscured perspective. A 3rd party neighbor also witnessed the encounter from an obscured perspective. The brother also said I had brandished a gun even though he never had full view of my person. The 3rd party neighbor did get a glimpse of the entirety of my person as I re-entered my vehicle. The 3rd party told police he did not see a gun. This encounter happened over 2 months ago. The police haven’t attempted to arrest me or even to question me. I will invoke the 5th amendment if they try to question me. I will also invoke my 6th amendment right and I will represent myself. What’s your opinion of what has transpired so far?
The person who represents themself has a fool for a client. This case is much too serious for you to rely upon your underdeveloped skill of cross examination. Remain silent and hire a qualified criminal defense attorney.
If this happened on your property then why would you expect a trespassing or an assault charge?
1. First, it is never smart to point guns at your neighbors even if you are on your property. Better to keep on shouting at your neighbor than point a gun at one. Better for your hate towards each other to become a respected silence towards each other.
2. Definitely dangerous to point a gun at a neighbor while on his property. Good way to get killed or imprisoned.
3. Point guns toward strangers that trespass on your property if need be. Police your property if need be but remember even the worse neighbor is better than an unknown trespasser. Your hated neighbor can be your biggest ally when there is outside criminal trespassing on both your properties.
In terms of "brandishing": I hear gun fire about everyday especially during deer season from my house. I see people walk around with guns everyday while shopping at Walmart. What crime occurred?
I was falsely accused of exposure by a domestic worker and their security called the police who arrested me. The court appointed attorney wants me to plead to a violation but I am not interested because I committed no crime. I have a professional license for 22yrs and don't want to lose it. I want this to be dismissed without trial. Please advise. Thanks.
Only the prosecutor can dismiss a case. If they believe they can prove the case, they will go forward. You decide whether to accept a plea bargain offer, not your lawyer. You have the right to say NO, I want a trial. But you must be willing to live with the consequences if the trial does not go your way. Good luck.
I had my first DUI. Got my alignment done and have to go back very soon. What do you think will happen? I crashed into a car and got my car totaled.
I have no idea what will happen. That's why you should hire a qualified criminal defense attorney to represent you. They will review the evidence and law applicable to the case and give you advice about how to defend it. Thanks for your visit.
@Mal Theri Well thank you captain obvious and for your words of encouragement.
@Mal Theri But I got off easy.
thank you so much for the informative video. IF YOU ARE AN IMMIGRANT Y OU NEED TO DEFEND YOURSELF. MY PERSONAL OPINION AND CLEAR YOU'RE NAME THANK YOU
I had a restraining order put out against me n when i found out i needed to go for a walk i hoped a fence and was in tears there were few girls near by that saw me crying cause my kids were on the restraining order vented it to a group of people that were near by they felt bad n asked my sons name n i toled them about my case n vented it out after a few minutes i needed to walk it off my phone fell out my my pocket when i got up n one of the girls picked up my phone n saw contact under baby mama n started message her as me. 45 minutes later one of them came up to me and gave me my phone i dropped. will i be guilty of contempt of court if i didnt give permission for them to use my phone? thnx
I have no idea. I simply don't know enough about the law and evidence applicable to the case. I'm sorry I could not be more helpful.
Question if you are getting a choose from somebody that is not credible and accused other people of something wrong but if it's never happened how can they investigate you when they person with different incredible?
Credibility is a matter of opinion. Also, if there is other evidence supporting the person’s statement, that makes them all the more credible.
I just got a speeding ticket . I have to appear in court , what steps should I take?
Hire a qualified criminal defense attorney to investigate the case and give you advice on how to defend yourself. Good luck.