Constitutional Rights

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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

Bryan-College Station DWI Bond Conditions Violate Right to Silence

Persons accused of DWI in Bryan-College Station are often subject to "conditions of bond" imposed by the judge who set bond after arrest. In cases where the person is alleged to have a BAC of .15 (or above) the judges have imposed conditions including the installation of an alcohol detection device (Interlock), a driving curfew, [...]

By | November 12th, 2013|Bryan College Station DWI, Constitutional Rights|Comments Off on Bryan-College Station DWI Bond Conditions Violate Right to Silence

Tips For Face-to-Face Contact With Police

Effective police work is necessary for an orderly and safe society. But when you are the target of an investigation it's important to understand your personal rights and responsibilities.    The law does not require you to incriminate yourself, nor does it require you to help the police perform their job more effectively. If questioned by [...]

By | August 7th, 2013|Constitutional Rights, Police Encounters|2 Comments

High-Resolution Images of Our Lives

Thanks to my friend, Robert Guest, for posting this. A study published this week by the American Civil Liberties Union shows law enforcement agencies across the country are maintaing "High-Resolution" images of our lives using scanners that capture images of passing or parked vehicles, noting their location, and uploading the information to police databases. As [...]

By | July 17th, 2013|Constitutional Rights|Comments Off on High-Resolution Images of Our Lives