3 Reasons to Defend Yourself in Court and Plead Not Guilty
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- čas přidán 24. 08. 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
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.
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
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
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. 💀
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.
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
Thank u for keeping me out of court this is jason I respect everyone
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.
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 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.
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.
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!
Your honor, my pronoun is INNOCENT.
Thank u for keeping me out of prison and jail I have been being good this is Jason thank u
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.
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.
Contact cybermicheal1995@gmail.com.he helps alot on that
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." (czcams.com/video/pKXXgQ_3dbU/video.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.
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.
The most important reason to demand a jury trial is because when the prosecution (and maybe even your defense lawyer) are handing you the lie: "it will be best for you to take this plea bargain." then the only way to get cleared CLEAR is by a jury saying "NOT Guilty" no matter how slim the odds 😅 !
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!
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 love this. I have a great update for you. Las Vegas Will send tomorrow.
Thanks
Your information. Is brilliant! Thank you!
I'm not sure it was brilliant, but I'm glad it was helpful!
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.
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.
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.
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.
Thank u for keeping me. It of c ourt
Very informative video Sir
Thank you for watching!
@@GustitisLaw you very welcome we now know who to come to for legal advice :)
Still watching these series in 2021
Thanks!
These POS charged me with a DUI for sitting in my car, smoking a bowl - I wasn't driving anywhere, I had the parking brake on, and I had it running to stay warm they said it was physical control.
Since when in this country did we start prosecuting PUIs as DUIs!? This is absolutely ridiculous!
First, they don’t need to see you driving. If they can prove you were driving while intoxicated, regardless of whether you were driving when they first contacted you, then they got you. Second, if you don’t agree with the law, then talk with your legislators to change the law.
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.!!!
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!
Very nice advice i was convicted unfairly with no evidence and no cross examination done done to the state witnesses, and no evidence presented in court that links me to the crime.
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 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
I would really love to talk to you on the phone .
Sure. Please call.
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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?
What about if your defence lawyer pushes you towards a guilty plea and all his assistants are indifferent to your case.
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.
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.
Not guilty! Keep reporting!
Another great video Mr. Gustitis. Maybe you can answer this question. Why do public servants hate the Constitution so much?
In my case, the cop’s bodycam was off and my lawyer knows about it. How would this affect my case?
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?
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.
thanks - law is a thing where contradictions are part of the justice.
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.
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.
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.
It’s a horrendous sickening feeling to be accused of recklessly discharging a gun when you know you’ve never had one. Not only am I bad with any money I earn, there’s also never been one in my small family
13 years with enhancements of a weapon?
It’s sick for people to make false reports that are so heinous.
I certainly agree!
Yes, thank you for this. I agree 👍. I feel better now.
You are welcome.
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.
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 don't enter into a plea there several reasons for not entering into a plea
1. The law allows you to enter a plea of guilty or not guilty or demur the complaint California Code, Penal Code - PEN § 1005
2. You haven't seen the original complaint until today and can't enter a plea until I read the charges before this court how can you plead if you never read the plaintiff written complaint to respond
3.the bench warrant issued for the arrest warrant was deficient due to the process of service and improper service of the bench warrant Upon the defendant
Thanks for your input.
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!!
What the different between confession and plead ?
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.
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.
What about what Mr. Franklin said. The man who defends himself in court has a fool for a lawyer, and a jackass for a client.
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.
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.
My concern is crucial to my next challenge in the world.
Checking your credentials now .
Thanks for visiting my Channel.
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
Very good
Thanks!
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
Hello, my name is Wolfgang Neil Mountford, the day before my little sister's birthday on July 14th, 2019 I was shot in the back of my head by Santa Monica PD in an alley off of Lincoln Blvd and Grant. Every news article I've read, including the "press release", only tells the side of the cops. None of the articles tell it like it actually happened. The bullet did NOT "graze" me, it hit me directly in the back of my head and richocheted off of my skull. It was the hardest hit I have ever felt in my life, and it knocked me to the ground. It caused some internal brain bleeding, my skull was exposed, and it took 2 layers of stitches and 18 Staples to close my wound and I lost a percentage of my hearing in my right ear. And now I'm left with a bill from Ronald Regan UCLA Medical, that I cannot afford and was caused by the Santa Monica Police Department.
At around 1:30 am, a homeowner called the cops on me for being loud (was on my phone) and the cops came to see what all the noise was. They asked for my Driver's License and I told them it was in my vehicle and I can get it for them, and they no. So I offered them my keys and told them where it was at. So they got it, ran my License and they saw that I had NO warrants, NO previous arrests, NO RECORD, and I was Unarmed. So they let me go and said to go on a walk for a bit before driving, because they assumed I had been drinking. I complied and turned off my vehicle.
After they left, I ended up punching the guy's fence a few times and yelled, because I thought him calling the cops was a lame move, when he could've simply asked me to keep it down. So I took it out on his fence for trying to cause me trouble. I left, went on a walk and a few minutes later I felt like I was being watched. I look back and I see the front of a black SUV going really slow, and I felt like I was being followed and it sketched me out. I started walking faster and the SUV sped up, so I went into survival mode and ran down an alley to get away from what ever I felt the threat was. I felt like I was going to get jumped for what I was wearing, or possibly the guy who's fence I hit was coming with some friends. I didn't know, so I just ran and went down an alley and I hid behind a trash can, and when the vehicle pulled up next to the trash can and flashed on their high beams, I ran out from behind the trash can.
At that point I saw a cop with a gun drawn and I finally saw the side of the SUV and realized it was Santa Monica PD. And I ended up getting shot in the back of my head as I passed the officer!!! I didnt know that I was running from the police, because they made no attempt to identify themselves while chasing me. NO Sirens, NO Red and Blue lights, and every police vehicle is equipped with a PA system. Why didn't they say "This is the Santa Monica Police stop where you're at!"? I was also harassed by 2 officers while at the hospital who forcefully took my cellphone from me, to prevent me from calling anybody and reaching out and also to stop me from recording them and how they were treating me.
While at the hospital I was told by Detective Elias that I was NOT under arrest at the time. However, the two officers who remained after detective Elias left, would not let me leave the hospital. I wanted to leave but they blocked me and prevented my person from moving forward down the hallway. And when I was arrested more than 12 hours later, I was NOT told my charges and nor was I read my Miranda Rights.
I also did NOT open people's car doors or go into anyone's vehicle except for my own. I had a Chevy Tahoe, which the cops took, ransacked, went into my laptop and tore apart my cell phone and impounded my vehicle, which has left me homeless and without transportation. And I have still yet to receive my shoes from SMPD and they also stole $30 dollars out of my wallet. All of my cash was gone from my wallet when the majority of my belongings were returned to me I'm also not from Van Nuys I've been living in Oregon for the last two years and I came down to visit my little sister who is staying in Van Nuys at the time. I can't afford a Criminal Defense Attorney and I do NOT trust my Public Defender. I feel like he's got a bunch of people in his ear telling him what to do. I have yet to see the police report or the body cam. They KNOW I have potential multimillion dollar lawsuit, so they're trying to get me barred from filing a Civil Suit. Please help! You can even go on my Facebook page Wolf Mountford and see how much blood was spilt and the videos of the aftermath, there's even news articles about the incident. Unfortunately NONE of them tell it like it actually happened
If you cannot afford a lawyer, the public defender’s office is obligated to represent you to their fullest potential. I’m sorry you are not confident in their performance to date. All I can recommend is talk with your lawyer’s supervisor. Maybe you can get some action from them. Thanks for visiting the Channel.
I am charged with perjury and as a result of a plea bergain I plead guilty but I am innocent... what to do now??
If you've already plead guilty, the judge has ruled your guilty plea was freely and voluntarily made with a knowing waiver of your rights to defend yourself. With that said, please watch our video on withdrawing guilty pleas. czcams.com/video/DNcF13N9aq0/video.html
Another good reason to defend yourself. As a pro se litigant the prosecutor can’t put on the stand to testify against yourself. And you are not obligated to protect the court system and can use any law that pertains to you individually or your case.
I don’t believe representing yourself is a good strategy. An untrained litigant does not know the rules of evidence or procedure. That lack of knowledge is devastating to their ability to defend their case without a defense lawyer.
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.
How can I defend myself from the judge when they have conversation in my phone as their only evidence to convict me?
I am from nigeria i was put in jail for almost 4 years without court . I am set free now but still in their hands waiting for what they are going to do to me. I dont have faith they will ever let the truth come out. I am badly accused of somwthing that never happened. I am 20yrs here never has problem. What do i do?
You must have a qualified criminal defense lawyer to help you. That is your most important first step.
Thank you for your answer, i have one who told me that she has no experience in my case but i have already pay her. She said my kind of case is her first time of hindling it. And she has been on the case now for almost one yr plus. Before her i have taken about 4 lawyers but just beacuse she speak ingles she understand me better than every other i have taken before now. What do i so?
Please use your best judgment. Good luck.
I am charged with one count of DV 4th degree and two counts of obstruction. First my sister is unhappy as to how she thinks I treat our father. But she gets her information from our dad who has Dementia/Alzheimer's (not full blown but there are issues). Our mom and I have seen dad on his hands an knees with a chainsaw cutting weeds along the county road, he has fallen out of a tree and off a ladder with same chainsaw, he has lost/misplaced/has no idea what happened to the monies to about $5,000.00, driven off a rock wall with the lawn tractor more than once (gets his feet mixed up he says), taken is 90day supply of medication in 45days more than once (claims that someone took the medication from the mail box), stolen property/disposed of property that wasn't his, claims to have gone into people garages to see what they have and looked into the house through the windows, eats sweets/cake & ice-cream with beer/eats hotdog (SPICY)/had to throw out 3-4pans because dad would leave blood & grease in the pan until it went rancid but would still cook in it (would drink 2 bottles of the pink stuff a week because is stomach was upset), went into my home and removed specialty tools/tool boxes for safety/security but then disappear, buying used bathroom item (soap/back scrubbers, etc), buying women's clothes (shirts, coats, pants, sunglasses),..etc... Anyway my sister came out to the house, took dad some where for some drinks and after she returned came into my room (i now live with mom and dad, help them and pay rent). she came into my room and made threats of physical violence against me (in the past when drunk or high she would threaten to blow the heads off whomever she was mad at), I told her to leave, she would not, i used least amount of force to remove her from my residence(room)(Deputy(s) report sister had no visible injuries). She called 911 and told them this was her property and her hose (false statement to law-enforcement), I to called 911 to let them know what transpired. Sheriff Deputy(s) arrive talk to my sister, our mom, my son (so they know i pay rent for my room). They come into the home without getting permission from the owners (our parents) but the Deputy(s) write in their report that "Shirley and John" did not protest to entering into the home (Washington State). They then entered my residence (room) without my consent but one deputy stated they have the right to enter any open door, but the wrote in the report I opened the door (it was already open) and took that as a "universal sign to come in" but i did repeatedly ask the deputy to step back across the threshold of the door to my residence. They tried the consensual conversation but I refused to talk. I was arrested (no rights read to me), pain compliance imposed (bruises to underside of arm). Brought outside where mom asked what was going on I said I was being arrested because I would not talk to the deputy(s) (i turned to face mom as she is hard of hearing, did not attempt to run or resist). I try to do as requested, get in their car, then the manhandling (on gravel) begins and I end up on the ground... they ask me if I want to be hog-tied, I raise my legs but do not answer them and do not want to be accused of resisting. so the hog tie me ( i weigh almost 300lbs, and they have to try and get this landwhale in their car). I suffer from PTSD/Anxiety and other issues in that realm plus I have to take 7 different medications for my blood pressure. I get a panic attack, sets off my PTSD and then we are off to the races....I ask for my meds, but denied, my mom offers to give me my meds but again denied (prescribed meds). An ambulance is called they want to transport to the hospital but the deputy(s) are trying to intimidate the EMTs into not going to the hospital but straight to detention. EMT has to call his supervisor because deputy will not take no for am answer (besides my blood-pressure being elevated I was questioned as to my status of being a diabetic due to test results......the Hospital ED experience was pretty much the same thing....I ended up with swollen hands because cuffs were on to tight, a broken elbow, an infection because I was denied medical at detention for an open wound, denied seeing my attorney at detention, threatened with physical harm by the deputy at the hospital and by detention staff. I had to go to providence urgent care when released for pain in arms, swollen hands, and infection.
The attorney assigned does not want to call witness, does not seem to want to look over the deputy(s) report for the glaring issues in what they state and what witness state...I have since filed a grievance with the bar because the attorney is not looking out for my interest and when I ask questions I am told irrelevant. Witnesses can attest that my sister was the aggressor (which was told to deputy(s)), I tried to avoid my sister. There are witnesses as to some interaction with deputy(s) which contradicts their report.
any suggestions....
The most important suggestion I can make is to hire a qualified defense attorney who you trust. They will review all the law and evidence applicable to the case and give you advice about how to defend it. Please do this as quickly as possible. Make NO DECISIONS on your own without the help of defense counsel.
@@GustitisLaw thank you
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.
Weird how this just showed up on my CZcams homepage.
in a criminal case why does the prosecution go first? to me this puts the defense in a hole also if a jury sees horrific evidence by the prosecution they might have already made up their mind before the defense takes the stand
They have the burden of proof. That's why they for first and last.
I feel so drained and hopeless! My nephew had been kicked out of the house and was living with His Grandma and was suicidal! After getting pictures of Him with a gun to His head, I got permission from His Mother and Grandmother to go talk to Him. We talked for between 45min to an hour and were then interrupted by His Mother's boyfriend who pulled my 17yr old nephew into the house and started cussing me out because I had told my nephew He could move in with me, after He told me no one wanted Him! I immediately threw my hands in the air and went walking to the vehicle that my 5 kids were sitting in! This man continued to follow me to the vehicle, continuing to cuss me out.... I'm about 5ft from the vehicle when my oldest daughter, 13yrs old. Who was sitting in the front seat with the window down, says, "Hey, don't talk to my Momma like that!" This terrified me and His anger went to Her. He said, "What the fu** did you just say to me you worthless, little bit**?" And went to go around me, as He was storming towards her! I instinctively put my hands to the right to stop Him and said, "You don't say one more word to my daughter!" She had locked the door and was trying to roll up the window, but the vehicle was turned off. I then got in the vehicle and we drove home. He called the police and 3weeks later I was charged with assault! I truly thought it would be dropped. In the police report, He said, "I can't charge her with assault, there isn't enough evidence of assault!" And yet here we are a year later and my hired lawyer is pushing me to take a plea deal of Disorderly Conduct. I'm so blown away and have lost all faith in our system.....any advice?
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.
("I'm over here in California and am facing a 22210pc charge, felony possession of a piece of doweling; but, I'm gathering evidence for an entrapment defense around being denied services over serious 646.9pc issues...which deputies have been denying understanding of and've been denying my complaints/reports constitute...")
You certainly need a qualified California criminal defense attorney..
I was falsely accused of larceny of a firearm I was sent to jail because of the probable cause they had and their probable cause was they caught the guy with the firearm and he told the police that he bought it from this guy that I sold it to that guy and the fact that I was around at the time it had gotten stolen and I have a criminal record also. What can I do to clear my name into do something about me being sent to jail losing my job almost losing my kids and being embarrassed on social media
You need to ask your criminal defense attorney this question. Unfortunately, I cannot take your word that you are falsely accused. However, your attorney can investigate the evidence to determine what arguments can be made.
The objective is to obtain a jury that is partial to you. If a jury is impartial and fair, most defendants will be convicted.
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.
Being cross examined I can say silent or say what where I’d rather not answer ? Legal jargon I would say what ? The judge won’t hold this against me ?
Once you take the witness stand, you have given up your right to remain silent. You are required to answer the questions.
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.
She got exclusive possession of the home during divorce.
In a moment of weakness, I went to the street and saw a stranger's car in my driveway. I went onto the driveway to see who's car it was, and then up 2 of 6 steps to look through the front window.
I did not know she had Blink installed. She was startled to see me on the property, so she filed an order of protection.
What will happen?
I have no idea what will happen. I'm sorry but I cannot speculate.
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.
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.
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.
On 3/31/20 I was shopping at Costco with my mother. After Purchasing our groceries we were on our way out of the store when a female employee asked to check our receipt. I didn't want someone rummaging through our groceries amidst a pandemic so I turned to her and said "no thank you." She then Grabbed my cart forcefully pulling it aside. She demanded I allow her to see my receipt again and said the policy hadn't changed. I don't know their policy. My mom was just feet behind me and she had the receipt and was was trying to get her attention to show her the receipt. I continued to push forward to leave the store. She was on the side of me continuing to attempt to hold the cart while I was trying to pull away from her my cart. She then grabbed ahold of my me around my midsection to attempt to keep me from leaving and I told her to "get off me" and continued to try to pull away from her grasp. I got out of her grasp and got outside of the store and she came after me again to stop me saying again that the policy hadn't changed as she had the receipt at this time. She said she was going to press Assault charges because I had stepped on her toe. I called the police saying that she assaulted me on the way out. The police ended up giving me a ticket for Battery naming her the victim and me the defendant. The plaintiff being the city where the store is located. I did not accept the plea bargain and want to defend my innocents but I can't afford an attorney and the public defender requires I report my mother's wages because I live with her. I refused to supply that information and so I am left with representing myself because I have no income and can't afford an attorney. I just received my discovery and have not spoken with the prosecutor yet. And I have a trial by judge. I didn't feel a jury would be necessary. She has a couple fellow employees as witnesses and I have my mother as a witness on my behalf. Any thoughts?
Since I don't have access to the evidence, it's impossible for me to express an informed opinion about the case. However, I can say that trying the case to the judge might, or might not, be the best idea. Juries rely upon deliberation. Judges do not. Good luck and thanks for your question.
Cool! Well there is no evidence really except for the police phone call recording where I called the cops on her first. And an employee friend of hers. I have a witness of my own who says I never touched her. So it looks like my chances of winning are excellent!
Don’t lie. You tried to shop lift lol
I recently went to trail and was found not guilty on 2 counts of assault with a deadly weapon. When can i request to have that expunged from my records and cori reports?
I have no idea. I don't know the facts of you case. I don't know the expungement law applicable to your case. Consequently, I cannot answer your question.
I got a counterfeit $20 dollar bill from the machine that breaks down a $100 in a casino and when I went to let the people atvthe cashiers cage no that the machine wouldn't take it they told me it was fake now I am being charged by the state for a felony of uttering a forged instrument (the $20) my lawyer thinks he can get a plea offer of Misdemeanor saying the DA just wants a conviction thats all, and other people are saying that's a great deal but I don't understand why I'm having to plead guilty to something I didn't do....any help or advice 😭
I cannot provide help or advice since I've not independently investigated all the facts and circumstances surrounding the case. Not to mention I've not been hired to represent you. Talk to your lawyer about your questions. They are in the best position to give you informed advice. Good luck.
Hello,Thank you so much for what you
You are so welcome!
I need advice. I'm in Pennsylvania. The whole story. My grandmother and father and I were at my grams house. a verbal argument started and I left and went home to de-escalate. She brought my dad down immediately after and he fired his gun into the ground outside. Probably a dozen rounds. I at that point was scared. He then came in screaming and hollering yelling for my to get tf out and was grabbing more guns saying it's going down you better call the cops cause it's going down. I armed myself with a handgun. I walked down Stairs with it down at my side in an attempt to leave. The moment he seen I had a gun. (Not pointing at him) He drew his and pointed his first. I pointed mine and he said if you shoot me you better kill me mf. He then came across the Living room and cornering me and he grabbed my barrel and pointed it away and tried to put his in my mouth. I pointed his away and he's in my face screen while we're both holding loaded guns with the safes off. I then try to de-escalate yet again. Told him he puts his away and I let go of mine. After I did he punched me and we went around the room and he ended up on top of me and began beating the hell out of me. He punched me probably 9-10 times. I managed to push him off. At this point. I'm barely conscious and can barely stand. We both did not have our glasses at this point and there are 2 loaded guns with the safes off laying on the floor plus one still loaded on his hip. Immediately after I got him off I stumbled in to their bedroom and got another gun. I stepped back out and he's already standing and yelling and is looking down like he's trying to grab his gun off his hip or looking at the ground. I raised and fired 1 shot and he fell. It was center mass torso shot. I almost immediately after catching a breath put the gun down and grabbed the phone and called 911 and began rendering aid till they got there. Now I'm being charged with 5 different things. 2 of which are felonies. But I'm about to accept a plea deal for a grade 2 misdemeanor and will never own a gun again. And could possibly go to jail. Idk. Do you think I should fight this? I really want to
always fight.
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.
Can I get an attorney in another state if I can’t find one near me
Reasons Why? # 1. Because It's You. Now Speaking For My Self As NOW A Felon Of 28 Yrs & Whom Took A Plea Barging Deal Split With The Stupid Advice Of My "Under The Guise A Competent Lawyer". All Because It Was To Save The Might Dollar & Save The " Victim " Of Testifying Because Of Their Age. Ok Fine. I'll Wait. I Have Waited 28 Years & NOW Am Going To Come Out SWING FULL & HARD & Hit The Entire Prosecution Blindside With A 440.10 Motion. Double Jeopardy. The First Time The Prosecution THOUGHT! They WON! YES Because It NEVER WENT Before A Court. HOWEVER 28 Years Later People Age & Become Adults & EVEN Back When They Were A Victims NOBODY Remembers EXACTLY What They ALL WROTE DOWN! So I Obtained My Original File Case From The DA & Started To Read All Of The Accusatory Statements, Police Statements I Was Truly BLOWN AWAY! With ALL Of The ERRORS, Mistakes, Missing Time Lines. Further More recently Called Out The DA On 6 Plain Sight List Of BY Right Discovery Items That Were Sent In Response Back To Me As Being Denied. Well Of Course YOUR Going To Deni It If It NEVER EXSISTED In The FIRST PLACE BUT Yet Here It Is 28 Years Later & ALL Of The Various Peoples Positions Duties Probation Officers Detectives Mess Ups I Have It ALL! I WONDER WHAT The JUDGE Is GOING To THINK When The [ Convict ] 100% Over Turns His Own Case. I Further Found Out That ALL NYS State Records All Have A Shelf Life Of Retention Limitation. So GUESS What ELSE DOESN'T Seem To Exist. And Yet I Have EVERYONE DIRT! And Isn't THAT ALL About WINNING! I Should NOT Have To Pay For OTHER Peoples Incompetency. Weight Entered Wrong. US Citizen Was Marked Was [ N ] And These Are Supposed To Be These " Competent Detectives Ect." It Certainly Sucks To Be HUMAN Remembering Again I Already Plead GUILY To MY Charges HOWEVER The Same Can't Be Said For ALL Of The Prosecution Side . Filing A False Police Report, Basically This Case Is GOING To IMPLODE In On It's Self. All Of The Statements Were ALSO Under Oath At The Time.. A Lot Of These People Are Now In Their 70's But I DON'T CARE. So NOW WE Are ALL GOING TO SEE NOW HOW Legal, Verifiable, Truthful, Honest This Case Really Is. Pretty Embarrassing When The Convict Has To Do The Job Of Others & How Cleverly & Precise This Is Playing Out. Literately Backwards. The TRUTH SHALL SET YOU FREE!
Thank you for visiting and leaving your comment. I appreciate your contribution to this important thread.
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.
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.
What happens if the defense doesn’t obtain discovery prior to prelim?
That is a matter of your state law. Since Texas does not hold preliminary hearings, I cannot speculate on what your state requires when it comes to discovery at that early stage.
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?