Constitutional Rights

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Grand Jury Testimony – Should the Defendant Testify?

This video explains grand jury testimony and the pros & cons of defendant testimony to the grand jury in their own defense. The video further considers the grand jury process and a grand jury hearing. Visit https://www.gustitislaw.com for more information about grand jury testimony and the best criminal lawyers in Bryan-College Station, TX. In this [...]

By | May 1st, 2019|Constitutional Rights|0 Comments

Who Has Authority to Consent to a Police Search?

This video explains actual authority vs apparent authority regarding a consent search in criminal law and how the police use a person's consent to avoid the 4th Amendment probable cause search requirement. Visit https://www.gustitislaw.com for more information about actual authority vs apparent authority and criminal defense lawyers in Bryan-College Station, TX. In this video, criminal [...]

By | March 20th, 2019|Constitutional Rights|0 Comments

5th Amendment Pretrial Motions to Suppress Evidence of Criminal Confessions

This video explains 5th Amendment pretrial motions to suppress evidence of criminal confessions and how they are used to defend criminal charges. Visit https://www.gustitislaw.com for additional details about pre-trial motions to suppress confessions and criminal defense lawyers in Bryan-College Station, TX. In this video, criminal defense attorney Stephen Gustitis considers when pre-trial motions to suppress [...]

By | March 6th, 2019|Constitutional Rights|0 Comments

Right to Speedy Trial – Common Reasons for Criminal Trial Delay

Regarding your right to speedy trial, what are some common reasons for criminal trial delay and should you be concerned? This video is the 2nd in our series on your right to a speedy public trial provided by the 6th Amendment to the U.S. Constitution. In this video, Stephen Gustitis explains some common reasons why [...]

Has Your 6th Amendment Right to Speedy Trial Been Violated?

What is your right to speedy trial when you face criminal charges? This video begins a new series on your right to a speedy public trial provided by the 6th Amendment to the U.S. Constitution. In this video, Stephen Gustitis explains your right to a speedy trial guaranteed by the 6th Amendment. The video discussed [...]

By | January 3rd, 2019|Constitutional Rights|0 Comments

What Are My Rights With Police After Getting Arrested?

You just got arrested. This video explains your right to remain silent and your right to an attorney if you get arrested by the cops. In this video, Stephen Gustitis answers the question what are my rights with police after getting arrested and after going to jail. He explains your right to remain silent and [...]

By | September 24th, 2018|Constitutional Rights|0 Comments

“Another Nuts-and-Bolts Primer on Batson Challenges”

Batson v. Kentucky is again front and center in the United States Supreme Court. On May 26, 2015 the Court granted certiorari in Foster v. Chatman, (No. 14-8349, 2015 Term). The case is currently set for argument on November 2, 2015. In Foster, Georgia prosecutors struck all four African-American prospective jurors from the death penalty [...]

Actual & Apparent Authority in Consent Searches

Consent searches are the bane of the Bryan-College Station criminal defense attorney. Next to our client's confession, the biggest headache for defense lawyers is a consent search. In the same way police are trained to obtain incriminating statements before Miranda warnings become necessary, law enforcement's first-line attack in a criminal investigation is persuading suspects to [...]

By | July 23rd, 2014|Constitutional Rights, Police Encounters|Comments Off on Actual & Apparent Authority in Consent Searches

Our Cell Phones Matter to SCOTUS!

Finally, a good Fourth Amendment search and seizure decision from the United States Supreme Court.   In Riley v. California (and United States v. Wurie) the U.S. Supreme Court ruled this week that police generally may not, without a warrant, search digital information on a cell phone seized from a person who's been arrested. Prior Court precedent held that [...]

By | June 26th, 2014|Constitutional Rights, Criminal Law Developments|Comments Off on Our Cell Phones Matter to SCOTUS!

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 | April 24th, 2014|Constitutional Rights, Police Encounters|Comments Off on The 4-word Retort To Assure Your Client Remains Silent