Steve

About Stephen Gustitis

Stephen Gustitis is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He is a highly rated defense attorney with over 27 years experience.

Forget About Marketing You . . . Instead Market Solutions

Success lies in understanding people, understanding their need, and understanding how best to relate to them. Potential criminal clients frantically searching for legal services don't shop like they're shopping for a new car or refrigerator. Instead, they are in crisis, they have an embarrassing problem, and they desperately want someone to solve it. Often being [...]

By |2022-05-11T13:38:15+00:00June 4th, 2014|Practice Management and Fees|Comments Off on Forget About Marketing You . . . Instead Market Solutions

Defending the Texas Motion to Revoke Probation (Look Closely at the Capias)

If you're defending a Texas motion to revoke probation (MTR), don't forget to look at Article 42.12, Sec. 21(e) of the Texas Code of Criminal Procedure. Before the court has jurisdiction to hear the MTR, let alone revoke probation, the prosecutor must file the motion to revoke AND issue a capias for the arrest of [...]

By |2022-05-11T13:38:15+00:00May 23rd, 2014|Probation Issues|Comments Off on Defending the Texas Motion to Revoke Probation (Look Closely at the Capias)

2014 Changes to Texas Rule of Evidence 902

Effective September 1, 2014, the service requirement of Texas Rule of Evidence 902(10) will change by order of the Supreme Court of Texas. (See p. 426 of the May 2014 Texas Bar Journal) Currently, 902(10) Business Records Accompanied by Affidavit allows the self-authenticated admission of "such record or records along with such affidavit [when] filed with [...]

By |2022-05-11T13:38:15+00:00May 6th, 2014|Courtroom Trial Practice, Criminal Law Developments|Comments Off on 2014 Changes to Texas Rule of Evidence 902

Criminal Lawyers Practicing in the Sweet-Spot

All Bryan-College Station criminal lawyers should experience the thrill of the reversal and remand and the order of acquittal. All criminal lawyers should experience the delight of the "not guilty" verdict as often as possible. But not all lawyers will, at last, enjoy the pleasure and security of practicing law in the sweet-spot. It's the [...]

By |2022-05-11T13:38:15+00:00May 3rd, 2014|Personal Thoughts|Comments Off on Criminal Lawyers Practicing in the Sweet-Spot

The 4-word Retort To Assure Your Client Remains Silent

I've received some law book publisher flyers lately selling their wares about how criminal defense attorneys can teach their clients to respond to police questioning and remain silent. One publication purported to address the right to silence issue presented in Salinas v. Texas, 133 S.Ct. 2174 (2013). If you recall, Mr. Salinas was a suspect in [...]

By |2022-05-11T13:38:15+00:00April 24th, 2014|Constitutional Rights, Police Encounters|Comments Off on The 4-word Retort To Assure Your Client Remains Silent

The Criminal Defense Lawyer as Entrepreneur

How does the criminal defense attorney maximize their professional career satisfaction and earning potential? By thinking and acting like an entrepreneur. An entrepreneurial worldview includes the development of long-term plans for business development and the implementation of those ideas. So, the sooner we adjust our worldview, the sooner we can begin taking charge of our [...]

By |2022-05-11T13:38:15+00:00April 15th, 2014|Personal Thoughts|Comments Off on The Criminal Defense Lawyer as Entrepreneur

An Immigration Strategy for Your Non-Citizen Criminal Client

Criminal defense attorneys spend much time covering their backsides. Protecting ourselves from the immigration consequences for our non-citizen clients is no exception. In a college town, like Bryan-College Station, many of our clients are either foreign students or foreign faculty members from Texas A&M University. Whether it's a student visa issue, evaluating deportation risk, or [...]

By |2022-05-11T13:38:15+00:00March 31st, 2014|Non-Citizen Issues|Comments Off on An Immigration Strategy for Your Non-Citizen Criminal Client

Thomas Dale Delay v. The State of Texas

In November 2010, former United States House Majority Leader, Tom Delay, was convicted in Travis County Texas of money laundering and conspiracy to commit money laundering. On September 19, 2013 the Texas Third Court of Appeals (COA) reversed the Delay conviction and entered an order of acquittal by a 2-1 vote. The COA ruled there was legally insufficient [...]

By |2022-05-11T13:38:15+00:00March 27th, 2014|Criminal Appeals, Personal Thoughts|Comments Off on Thomas Dale Delay v. The State of Texas

Does the Supreme Court Rule Defense Counsel Must Now Hire “Believable” Expert Witnesses?

The U.S. Supreme Court ruled this week that Anthony Ray Hinton's criminal trial attorney rendered ineffective assistance of counsel when he failed to utilize available funding to hire a "competent expert to counter the testimony of the prosecution's expert witnesses." Note Mr. Hinton's trial counsel did hire an expert. Trial counsel did call this expert to [...]

By |2022-05-11T13:38:15+00:00February 25th, 2014|Courtroom Trial Practice, Criminal Law Developments|Comments Off on Does the Supreme Court Rule Defense Counsel Must Now Hire “Believable” Expert Witnesses?

How Texas Defense Lawyers Subpoena Out-of-State Witnesses

When Texas criminal defense lawyers need to subpoena an out-of-state witness they face serious logistical challenges. Texas Code of Criminal Procedure Article 24.28, sec. 4 authorizes us to summons a witness from another state . . . but it's a chore. In fact, you might just pull your hair out before all is said and [...]

By |2022-05-11T13:38:16+00:00February 18th, 2014|Courtroom Trial Practice|Comments Off on How Texas Defense Lawyers Subpoena Out-of-State Witnesses
Go to Top