Plea Bargaining Pros and Cons - 3 Arguments Against Plea Bargaining

The 2nd video in our series on plea bargaining pros and cons. This series explains arguments for and against plea bargaining. Visit www.gustitisla... for more information about the benefits of plea bargaining criminal cases in Bryan-College Station, Texas. Follow us on Instagram: / sgustitis
In this video plea bargaining is explained and three disadvantages to plea bargaining in court are presented.
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 reasons to fight your case in court ( • 3 Reasons to Defend Yo... )
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About This Video:
In this video on plea bargaining pros and cons, Stephen Gustitis answers the question about three arguments against deciding to plea bargain your criminal case. Further, the plea bargaining process is explained and the plea bargaining debate is approached from the accused person's perspective. 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. #pleabargainingdebate #gustitislaw #pleabargaining

[@qingyingyu]

This is an awesome video! Thank you for sharing! I’m a law student, and for the first time I heard about plea bargain in campus, I was so surprised for such a coercive and immoral option for criminals. Because in my opinion, there can only be one truth: either the person is guilty or innocent. If the person’s guilty, then he should take all responsibility and the punishment, why let the criminal suffer less simply because the prosecutor or the court judge want to improve the efficiency? If the person is innocent and poor the same time, then this plea bargain is very likely to coerce him to make the decision of admitting the crime since the result of not acceptable plea bargain may be even worse. Briefly speaking, I think that the plea bargain system is essentially and morally wrong.

[@GustitisLaw]

Thanks for such a thoughtful comment!

[@Lovepoodle513]

I see what you are saying, and I am in my 50's , and never been in any trouble in my entire life, I have never drank, or taken drugs, drinking, and taking drugs are what is behind most of the crimes that are committed in this world. I know story after story of crimes that were committed while people were under the influence of drugs or alcohol. I was helping someone get their car back that didn't even do anything wrong, a lady falsely accused this person of something that they didn't even do, there was no damage on the vehicle, but the lady wanted insurance money so she filled out a false report, so while I was helping the person that needed to get their vehicle back from the police department, we were inside of the police department, and this person that was falsely accused was filling out the report, and a hostile new police officer decided that he would make up a bunch of lies to get someone in trouble, which resulted in a false arrest, assault, and defamation of an innocent person that was only trying to help someone. No attorneys wanted to take the case because they have to work with all of them regularly, and they don't want to upset the apple cart, so they make up a plea bargain, and pressure the innocent person into taking it. The attorney that did take the case didn't do the job that he was hired to do, just because a police officer makes up a lie on someone the innocent should not have to suffer, that is just so wrong, the police officer that made up the lies got away with lying on an innocent person plus assaulting them. That police officer should lose his job, and be arrested for making up lies, and assaulting an innocent person. They said that there was no video footage of what took place, and it was all inside of the police station because if they had the video footage it would have the evidence on it to show who the guilty party was, and who the innocent party was. That man shouldn;t be a police officer because police officers are supposed to help people not hurt people on purpose, it was as if that police officer became a police officer just to hurt people. It is so very sad, police officers like that man are the ones that give police officers a bad name. There are good police officers that really want to help people, and then there are bad police officers that just want to hurt people they need to be locked up themselves for wanting to hurt people. After people live a while they go through a lot of things in life. The lesson here is to beware if you need to go to a police station because you could run across a mean police officer that will actually start making up lies on you, have you arrested through the lies that he made up, assault you, and defame you which causes you to lose your employment. God help them.

[@GustitisLaw]

@@Lovepoodle513 I'm glad to be of service. Thanks so much for watching!

[@Angelface11]

Trying to charge and jail poor people for dumb things is also gross and ruins lives, including made up crap, bogus laws

[@GustitisLaw]

The courtroom is not a place where the truth is sought. It's a place where disputes are settled ad resolved. That is what you will learn in law school. Good luck with law school, btw.

[@jonatasalexandre9407]

Hello! I am from Brazil. They are institutionalizing the plea bargaining here. Many prefer to give up their rights and confess guilt, even innocent because it is easier. Unfortunate. In addition, excellent video! Hugs!

[@GustitisLaw]

Thanks for sharing.I appreciate your kind words of encouragement.

[@ironjohn5914]

Do not ever negotiate with any prosecutors ever do not ever talk to or meet with police ever! Always go through your attorney and if your innocent always go to trial for anything your accused of.

[@GustitisLaw]

Thanks for your thoughts and adding to the discussion.

[@ironjohn5914]

@Dennis Zachary did you go to jury trial 🤔

[@miguelrobb5719]

@@ironjohn5914 Indiana is rough. I caught a level 5 felony in whitestown Indiana. I have been fighting the case for nearly 2 years now and the prosecutor was dead set on making sure I got convicted of something. I had no priors. He didn’t even want to give me a pretrial diversion or a good deal. Eventually I said “you know what? Screw this. I want a jury trial”. He then started begging me to take any kind of plea deal as long as it leads to a conviction. I refused. Now he wants to offer me a pre trial diversion instead of outright dismissing the case.

[@ironjohn5914]

@@miguelrobb5719 your really close to getting a full dismissal, the prosecutor does NOT want to spend the time and energy in a jury trial especially if your innocent and they know it but they also don't care, it's all about convictions and convictions on there record as a prosecutor, when you fight the system a lot of times your case gets thrown out and your free to go, as for mine I went through the Jury trial process 3 times 3 different cases, I won all 3 times full not guiltys. Never ever talk to police, never meet with police, never answer the phone or your door for police. Everything goes through your attorney. Always exercise your rights to remain silent and innocent 💯

[@ironjohn5914]

@@miguelrobb5719 that's why I'm known as Iron John, I don't negotiate with prosecutors and DAs and I'm also known as the Teflon John,,,because charges don't stick to me!!! 🤣 I have the Best Attorneys!!!

[@Lovepoodle513]

I have been accused of something I didn’t do, by a police officer that lied, they have offered a plea bargain, but when speaking with another attorney they said that I shouldn’t get a record when I am innocent. The police officer made up a lie, then lied to another police officer about it, and then they made up yet another lie. I always thought that police officers were supposed to be our helpers. I now realize that there are some people that become police officers to hurt people instead of to help people. It is very sad. If a person is truly guilty that is one thing, but if a person is truly innocent then they shouldn’t have to suffer.

[@GustitisLaw]

Your situation is one of life's terrible inequities. I'm sorry this is happening to you.

[@roadrunner9622]

As disheartening as this is, this is how I would handle it (emotionally): ▶ We live in an imperfect world, where everybody is going to suffer some tragedies and injustices. Just accept that, statistically, this was yours. 😕 ▶ Think of some other thing(s) you've done in life, that you DIDN'T get caught or punished for. Just accept this as your punishment for that. These aren't great answers, but there really isn't a great answer for what has happened to you. You just have to find a way to mentally accept what happened, find the joy in life again, and keep moving forward. 99.9% of life is NOT like what happened to you. 💖

[@derreklong3549]

@@roadrunner9622 so either you're a statistic or it's karma?

[@roadrunner9622]

@@derreklong3549 Yep.

[@roadrunner9622]

@@derreklong3549 It's more like, that's something you could tell yourself to make yourself feel better.

[@justinbird2605]

Thank you for your videos. They have helped me prepare for my upcoming trial. My ex girlfriend of 6 years was suffering from a mental episode and attacked me in my home almost a year ago. I told her to leave and she called the police and said I attacked her and I was arrested. I have lawyered up because I know the severity of a domestic battery charge. Her case is purely he said she said. There is no visible injuries on her and she changed her story 3 different times the night of the incident. Her written police report doesn't even align with what she tried to explain to the police. In the months after she moved in with her mother and continued her mental rampage there, yelling, throwing things, etc. Her mother sent me many text outlining her mental illness which is exactly what I told the police the night of the incident. The DA has already made 2 plea offers but I'm not taking a plea because I'm innocent. My ex even visited with the DA and requested the charge be dropped because "I'm a good father and a good person and she doesn't want anything to happen to me" . Of course she stopped shy of saying she falsified a police report because she doesn't want to get in trouble herself. My pre trial is next week and I'll report back. I'm expecting another plea and honestly I feel the DA is acting like a used car salesman. They're going to keep going down on the price expecting me to finally take a plea but I'm not. I'm innocent and fighting this. I do have a question for you. How often do charges get dropped in domestic battery when it's he said/she said and the victim doesn't want to turn witness? Could they still say I'm guilty on purely hearsay?

[@GustitisLaw]

I would NOT represent yourself in this case. That is a mistake. You don't know the rules of evidence or the rules or procedure. You are not trained in making objections and getting rulings. It's impossible for me to speculate whether a case will be dropped. Only a lawyer who reviews all the law and evidence applicable to the case can express an informed decision.

[@justinbird2605]

@@GustitisLaw Thank you for your response. I have a good lawyer and he knows the DA personally and said my defense looks good. He wouldn't speculate if it would be dropped but he did say they rarely drop a domestic battery charge in the district I live in. I hate thinking I'd be forced to take a plea or just found guilty with absolutely no evidence just to get me in the system so they can squeeze a little money out of me.

[@GustitisLaw]

Remember, YOU decide whether to accept a plea bargain, no one can overrule your decision. If you want a trial to defend yourself, you can get one regardless of anyone’s advice to you.

[@justinbird2605]

@@GustitisLaw I did not take a plea. My lawyer got the case dismissed 👍👍

[@GustitisLaw]

@@justinbird2605 Excellent news!!

[@mr.mrs.issaka7494]

I never had a background, but now I forced to say im Guilty to something I didn’t do to lower my sentence. This is not fair at all! Taking this is like Admitting i did all these things. I don’t know how to think of the law system anymore. I always respected the law and the service they bring to the community. This situation Definitely is a eye opener. This situation Could have happened to anybody. Its just how they are holding my case and making things up as they go. This is so very overwhelming do you have any Suggestions?

[@GustitisLaw]

You must talk with your attorney about how you feel. Plea bargaining is all about reducing risk. It is a known outcome. However, your attorney may recommend trial in your case. Trial is riskier, but at least you have an opportunity to defend yourself. If you can live with any potential outcome from trial, trial may be the answer. Good luck and thanks for visiting.

[@vernabrunswick7800]

Now I see why so many innocent people end up in jail. I had a traffic ticket - I was innocent "100% innocent" but my husband talked me into a plea deal. I have been dealing with the harassment of the Traffic department ever since. I wanted to go to a "judge" and when I saw a hearing person not a judge I didn't know what was going on. I crossed one lane of traffic which was going to be occupied; - the officer issued the ticket and said - "If that driver had sped up he could have hit you"! I knew he would not come anywhere near me. I had one lane to cross and he had 100 yards to travel from taking a turn. . Now I pay for this the rest of my life. There should be a better explanation of what a plea deal is and say explicitly taking it is the same as pleading "guilty". Which I was not - I taught driving for years and know the laws and follow the laws but now I have a ticket on my record.

[@GustitisLaw]

My guess is you did not have an attorney representing you during the defense of your ticket. An attorney would have explained the possible defenses in your case, before you pleaded guilty. That way your plea would be knowing and voluntarily made. I'm sorry you are still dealing with the aftermath of that decision. Thank you for commenting on my video.

[@blackvic5157]

I've only got about 101 problems with your story, Verna. It's incoherent and absurd, for starters. What was the original charge? I can speculate from your story it was some kind of lane-change violation? How does anyone plea deal that? There's pretty much no where to go. Jaywalking, maybe? Overdue library book? But you say you made some kind of plea deal that went from one the most minor traffic infractions, maybe $50 fine plus court costs at the worst, to some kind of nightmare that has you paying for the rest of your life? Doesn't make any sense, dear. It's all hubby's fault, of course. Of course it is. Always. OK, you wanted to go to a "judge" but saw a hearing person? A hearing person? A person who hears...hearings? And you say you didn't know what was going on? You can say that again, love. Alright, sorry, OK - you might be describing arbitration. If you agree to arbitration you will go before...well, whatever they call the person adjudicating in your state or even county. That will be explained to you very carefully in tedious detail by the judge before he will allow you to agree to arbitration. Look. The fact is that any plea agreement will be explained to the defendant down to the most minute of points. You will be asked by the judge if you understand. In fact the judge will poll you on many points but especially he will want to know if you understand you are pleading guilty to something and what that means. All plea agreements involve a guilty plea, that's why prosecutors offer them. The defendant will agree to plead guilty to a lesser charge, that's pretty much the sum of it. With a plea agreement, everybody (except you, apparently) knows what's going to happen when you go back into the courtroom, and that makes everybody happy, especially hizzoner. To summarize and wrap up, you are claiming your beloved spouse got you out of a toothless infraction with a chump change fine by plea bargaining UP to an actual crime which will have you paying the rest of your life. I don't think so, bunny. If he hates you that bad he'd just shoot you. You are claiming you never knew the plea deal involved you pleading guilty to something. None of this was explained to you. No. No, no, no. I happen to know for a fact that plea deals are explained first by your own counsel, then by the prosecutor, and finally by the judge who really gets down to the bone, as though he's explaining to a child. Or a retard. I know this. So sorry, does not pass the smell test, there, sweetsie-peetsie. Try again? Use Grammarly this time and see if it shorts out trying to contend with you.

[@mrc4912]

This is the truth. I did a plea bargain and the evil hag judge gave me jail time during sentencing, despite saying that I would get straight probation. These people are monsters, they only want to punish and humiliate you as much as possible.

[@GustitisLaw]

That sounds very distressing. I'm sorry this happened to you.

[@ThisWorldMakesMeSad]

From my perspective, if you have the capability to prove your innocence to a degree that you feel they will understand/see the truth then pleading not guilty would probably be in your best interest. However if there's doubt and/or you're in-fact guilty then a plea deal makes sense. It makes it easier on the courts taking the plea as it's more time to put towards more important cases that have significant value compared to a lesser crime and from what youtube is telling me it's a drop in the degree of charges filed against you to some degree. I have little to no understanding of the court system as it's just recently started to harass me lol.

[@GustitisLaw]

A very reasoned comment! Thank you. I’d only make one tweak, however. In our system, the government has the burden to prove guilt. We are not required to prove innocence. Consequently, if the government cannot prove guilt beyond a reasonable doubt, that is also a legitimate reason to plead not guilty and to consume judicial resources.

[@daniellebrown7399]

First off I really appreciate these videos I'm not sure how much they apply to Michigan but it's still somehow give me a little more hope for my son's case he's had a lot of his rights violated and I'm just seeing with my own two eyes that unless you have money you might as well not have rights or maybe you could even say you don't have rights my son was beaten he was not given his right to a speedy trial when he asked for it he wasn't able to fire his worthless court-appointed who has no Integrity in his career choice if anything he tried manipulating my son to take the first deal which was not good for him at all him the judge and the prosecutor all heard my son asked for his rights to a speedy trial months ago and nothing was done he sat in jail for a year before he was sentenced it's his first time being in trouble and after the detective beat him so bad that the hospital thought he needed a CAT scan so now he owes $10,000 my son was also charged with 19 felonies but prior to that arrest he was pulled over and arrested and admitted he stole checks and that he was on drugs instead of protecting the community they kept him overnight and let him out on a PR Bond in my opinion only it is they did that so they could watch him do more because they are sick and twisted obviously he is because he beat my son he choked him but guess what he gets away with it maybe because my son's not black I don't know maybe cuz we don't have money we're worthless to anyone who can helping the situation I've called different parts of the legislation government police sheriff I reported to the sheriff about a week after the incident what his detective did to my son and again he didn't take my report shoved it under the rug by guess I just want Justice I want everyone to be held accountable it is truly sad that there's people out there with authority who thinks a drug addict whose breaking the law it's so disgusting and pathetic and worthless yet they're held in authority and abused it then sneak around and lie and use each other as a defense which does work good for them but I definitely look at things a lot differently now but I do appreciate you if you have any advice on who I should contact to report the incident I guess they want me to go back to the Sheriff's Office to report it but I already did that almost a year ago and he did nothing but laughing my face so to speak this is in Midland Michigan thanks again

[@GustitisLaw]

Unfortunately, I do not have any advice. My Channel was created to educate, not to provide legal advice. Regretfully, the constitution does not guarantee justice. I am thankful you visited my Channel and watched my videos, however.

[@Angelface11]

Get ahold of the group that helps fight for constitutional rights being violated. Also fax and email your sons attorney laws. Also, if his attorney sucks then it means the whole case can be thrown out. A lublic defender has to do a good job or it risks the case. Lots of paperwork but fight it

[@Angelface11]

Beating is violating civil rights. Look up the orgs who fight for him for free over that

[@flatlineoptimism2600]

Very informative, Mr. Shatner.

[@GustitisLaw]

Thanks for your visit! Did I refer Captain Kirk in this video or to Star Trek, in general?

[@GustitisLaw]

@fort worth Adios

[@rosep5516]

This is first semester in Criminal Justice, thanks for the video.

[@GustitisLaw]

Of course!

[@ayoubelalamielidrissi6412]

Hi thank you for the information , can you please help me with some pdf studies because I'm a searcher and plea bargain is my project

[@GustitisLaw]

I’d be happy to do what I can. Thanks for watching!

[@ayoubelalamielidrissi6412]

@@GustitisLaw thank you so much I appreciate it

[@Marco-mw9ky]

Congratulations ! I m italian and plea bargaining doesn’t exist or better it exists but it’s used in different ways ; surely very different than USA

[@GustitisLaw]

That is interesting. How is plea bargaining used there?

[@Marco-mw9ky]

Gustitis Law excuse me for my English because it’s not as good as you . Here in Italy there s a system completely different based on mandatory prosecution and there s always a trial . Getting a plea is an exception and not the rule . Could I ask you where you work ? Just curiosity thank you

[@SPj3185]

Marco 14 Italian system is better and fair in to human rights!!! Australian law system is crap... you are already guilty and plea bergain lawyers prosecution Harry up to close your case and convince that is better to accept plea bergain so prosecution can ensure your conviction and you’ve been told that you will have a less sentence than going to trial!!! Considering also trial cost that makes impossible to show your innocence!!!! I have legal aid and all they want is money!!!! Judge should understand that plea bergain or a guilty plea is not a fact of being guilty but just a pressure of accepting that because of the way system works!!!

[@Marco-mw9ky]

P S are you lawyer or did you study law?

[@SPj3185]

Marco 14 I’m not a lawyer and did not study law but from my personal experience I can tell my opinion that plea bergain is very unfair and many people take it because of fear and also they are not transparent!!!!

[@imlauragr]

So interesting! Plea Bargain it's a bit different from the "procedimiento abreviado" here in Chile

[@GustitisLaw]

I appreciate you watching. Thank you!

[@ironjohn5914]

I was in the wrong place at the wrong time!!! What is my Defense???

[@GustitisLaw]

Your defense is being at wrong place at the wrong time. Please discuss your defense with your defense attorney. They will review the law and evidence and give you advice about defending the case.

[@lukeives7396]

If you believe you might have a case that has "reasonable doubt" but your public defender will only offer different plea bargains, how do you go to court with a lacklustre attorney and prevail?

[@GustitisLaw]

You are the boss in the attorney/client relationship. You decide whether to accept a plea offer or whether to take the case to trial. If you don't want to plea bargain, then it's your attorney's job to provide you the best defense possible, under the circumstances. If you don't like your attorney, then your only choice is to hire one you do like. If you cannot afford an attorney, then you are stuck with the public defender you have now. Good luck.

[@estegueydijo....]

I think that if some one that have't committed a felony crime can freely reject any plea deal and avoid probation that will most likely get you more in trouble if you're not easy to comply. Plea deals are invented to give more power to DAs to convict you, and easy their job, and it's also easy for public defender.

[@GustitisLaw]

Thanks for your comment. I would say the best argument FOR plea bargaining is the process reduces risk to the accused person, but only if the plea deal is appropriate under the facts and evidence of the case. When you go to trial, all bets are off. And yes, a secondary affect is now the prosecutor has power over you until you complete the punishment.

[@ChristisLord553]

How do you not get on probation

[@obits3]

I would argue that we need to abolish the practice. If a prosecutor is willing to drop charges to win, that suggests one of two things morally: He didn’t have a case for those and therefore was knowingly falsely accusing you. He did have a case but chose not to enforce the law. Both should be considered huge moral failures. Alternatively, if we wanted to keep the practice, it would be far better to not make it a guilty plea. Instead, you would just call it something neutral like a “settlement with no admission of guilt.” These settlements would not count against you for anything a guilty plea would have resulted in (i.e. can’t lose a professional license, can’t be asked about it during job interviews, etc.). It would basically be you saying “I continue to assert I’m innocent, but I’m willing to compromise with the prosecutor because a full trial would be too much trouble.” For example, let’s say you were accused of having some drugs, but you’re innocent. You can’t afford a lawyer or the time off work to fight the case, but you don’t want to lie and say you’re guilty. Instead, you agree to a “settlement without guilt” where you go to some anti-drug classes for a time. This would minimize damage to innocent people while still making positive strides for public policy goals like reduced drug use.

[@GustitisLaw]

I disagree with your premise. The issue is not prosecutorial conduct. Rather, its judicial resources.

[@556deltawolf]

I'm sadly about to lose my constitutional second amendment right because in my state of WI, apparently standing up to your mom's abusive ex BF and using a gun to scare him away when he threatens you is considered "Domestic violence" and I truly believe I am innocent but I honestly feel like I have no choice to take the plea deal because I talked with my lawyer many times and it feels like if I do go to trial, given how prosecutors and judges have been acting and behaving in the US lately, I might not even get a fair trial.

[@GustitisLaw]

I recommend taking the advice of your attorney. They have reviewed the law and evidence applicable to the case. Consequently, they are in the best position to advise you on your next steps.

[@sandraedc]

My son was 17 when this incident happened first time ever being in trouble. Not saying what he did was right. Never that! We started out with a class A felony charge with ACA and was offered a plead deal ....... which is to drop ACA and drop to a B felony with a cap of 12 years. We don't know if we should or shouldn't take it ..... it is the first offer. Say If we decide to take the offer could he receive ses or sis without serving time in jail. This is in Kansas city Missouri

[@GustitisLaw]

I’m sorry your son is going through this difficult process! Regarding your question, the most qualified person to answer the question is your son’s criminal defense attorney. The attorney knows the facts, the law, and the court system there in Missouri better than I. Since all those factors weigh on your son’s decision, please put your trust in his lawyer. If you don’t trust the lawyer, find one you do trust to counsel you. Thank you for your question. I wish you the best!

[@steve9557]

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 arraignment is coming up and wondering if I should plea not guilt at the first hearing regardless of weather I did or did not commit the said crimes? Keep in mind I was currently assigned a public defender.

[@GustitisLaw]

This is a great question. 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. Thanks for your question.

[@steve9557]

Not guilty is standard even if I don’t wish to go all the way to trial?

[@GustitisLaw]

@@steve9557 Yes, that is correct. :-)

[@tkeshiaminasian9423]

@@GustitisLaw hi I have a ?

[@tkeshiaminasian9423]

@@GustitisLaw I have a question I have a pretrail conference coming up Nov 22 and my attorney tells me that they haven't decided on giving me a plea bargain yet

[@abbaszahir4025]

Do judges accept plea bargains for driving charge from dangerous driving to careless driving

[@GustitisLaw]

Probably most of time. If the prosecutor is willing to offer the deal, the judge is usually happy to get the case resolved.

[@davidkosach3095]

This channel is awesome !! This site is currently giving me great advice no court appointed lawyer ever did or seem to want to!! Watch, take notes, subscribe, listen, do research and learn 👍🏻

[@GustitisLaw]

I appreciate you're praise. However, the information I provide here DOES NOT replace the need for a qualified criminal defense attorney.

[@Lovepoodle513]

I was falsely arrested, assaulted, and defamed because a police officer said that I was texting someone to tell them what to write on a police report that they were filling out, I wasn’t texting anyone at the time, I was trying to call my brother to tell him what was taking place because a police officer lied on me, and this other person that went into the police department with me to fill out a report to get their car back because someone made a false report that they hit their vehicle when they didn’t hit their vehicle, there wasn’t even any damage to the vehicle. The police towed their vehicle in the middle of the night before even allowing the certified letter to get to the person so after not being able to reach an attorney that morning they called the police department to find out how to get their vehicle back, and in the process of that is how the police officer made up lies on me. I have even been threatened to possibly lose one of my jobs because they put on my record like I was obstructing justice when I didn’t do what they said I was doing. The police officer was acting very hostile from the moment that he stepped out of the back room like that he wanted to arrest us, when we didn’t even do anything. It was like a big nightmare, but it was real.

[@GustitisLaw]

You definitely need a qualified criminal defense attorney to represent you in this matter. They will review the evidence and counsel you about your options. Remember to remain totally silent about the facts of the case and speak to NO ONE except your attorney. Good luck and thank you for visiting my Channel.

[@leventy11]

Mr. Gustitis, I wonder if a defendant found guilty of some "administrative" infraction (civil trespass, persistent lack of registration and the like) could refuse to pay any monetary penalties? What would happen if he stated in court that he would only serve time, regardless of his ability to pay?! I eagerly await your reply.

[@GustitisLaw]

I have no idea. I would just pay what is owed and be done with it.

[@leventy11]

@@GustitisLaw Mr Gustitis, I'll rephrase. Have you ever seen a defendant refuse to pay monetary penalties but demand to serve any and all time for an otherwise innocuous infraction? Again, my breathe is bated.

[@GustitisLaw]

@@leventy11 Sure I have. Defendants can "lay-out" fines and court costs (but not restitution) in the county jail at some established rate per day.

[@1378natalie]

We really appreciate free legal advice more than you could ever know I've been illegally charged with crimes that I did not commit with no hope of ever conquering it what do you do when the collection agency doesn't honor their paperwork and tells you that a signature in pen ink on there document isn't considered a receipt I need help help from somewhere please

[@GustitisLaw]

I’m sorry this is happening. Unfortunately, I don’t have any experience with collection agencies has my practice is focused on criminal law. Maybe a local attorney can give you a consultation about this problem?

[@open_minded7983]

If you're arrested and held in jail and legal aid, get's you a plea deal/parole' and you accept. Does that mean a jury trial doesn't happen?

[@dixieboi327]

If you are being charged with 4 charges and then they come to you and say we will drop 3 of the charges if you cop out to just 1charge why would they do that?I'm not copin out anyway because I know I'm innocent of all charges I just wanted to get your opinion on this

[@GustitisLaw]

Prosecutors wheel-and-deal all the time. They want to resolve cases, so they often dismiss charges to give you incentive to plead to other charges. Since I don't know the facts and circumstances of any of these 4 charges, it's impossible for me to speculate why they would agree to dismiss 3 of them.

[@frankrenteria4370]

What if witness refuse to testify in court?

[@GustitisLaw]

Then the judge will put them in jail until they decide to answer questions.

[@cowface4408]

@@GustitisLaw How often do that happen? I mean wat if they never showed up to grand jury?

[@asiamonet9467]

If someone takes a plea, the judge accepts the plea and he was due to go start his sentence bck in March but the judge gave him 30 days to get his affairs in order but after that his dates to go back to court kept getting pushed back due to COVID and now he is due to go back to start his sentence in July ....but he stated that he was told he can get an attorney and she can get him out his plea!, is that possible if he has already been sentenced on that plea ?

[@GustitisLaw]

I doubt it. Before the judge accepted the plea bargain and sentenced the person, they would have ruled the person knowingly and voluntarily waived their rights to an attorney and to defend themselves.

[@run2thefight]

My son was in violation of probation during Covid where he did not make a scheduled appointment. He was visiting a friend who had a warrant out for their arrest. T after the police knocked on the door identified the person that they had an arrest warrant for him and had handcuffs and put that person in the back of their patrol car they began to investigate and RE entered house searching and identified everyone there at the residence. Unfortunately my son is a convicted felon or a nonviolent crime and happen to have a pistol on him that was apparently stolen (he did not he actually had taken it from his younger brother who was wholly irresponsible who had said that he paid a guy $50 for it and a hotel) So they already identified hail and found out he was on probation so they picked him up on the violation of probation charge then additionally charged him with felon in possession of a firearm and receiving stolen property. I’ve been held indefinitely without the prosecutor bringing charges and going to trial but only holding him due to the violation and because of that he had no opportunity to make bail. A couple of questions and I would be very grateful for your honest opinion. would this situation fit the description of an unlawful search and seizure and an unlawful unconstitutional detainments where evidence can be suppressed in a pretrial motion because the fruit of the poisonous tree doctrine? Also by mere operation of law his second amendment right to defend himself has been taken from him when he has a nonviolent offender convicted of a felony shouldn’t there be an argument that the state would have to prove that he is unfit to have a firearm to protect himself give him due process of law?

[@GustitisLaw]

Whether he can be prosecuted for possessing the weapon is simply a matter of state law. If the law prohibits it, then it's a crime. The 2nd Amendment does not supplant state law if the state law complies with 2nd Amendment jurisprudence. Further, I don't know what the law is concerning his fitness to possess a weapon. Only a lawyer in that state can answer your question. Regarding illegal searches and seizures. Only after a detailed review of the facts and evidence could a lawyer express an opinion about the legality of these matters. That's what the hired criminal defense attorney is for. I recommend your son remain silent and hire a qualified defense attorney immediately.

[@chino2600blk]

Hi my name is Andy I'm fighting a criminal case. They're giving me a plea bargain. I don't want to take it because I'm being wrongly accused. Its just i have no money left to pay the attorney for trial. Would the court be able to appoint me a lawyer for trial because of not being able to afford my attorney anymore?

[@GustitisLaw]

Dear Andy: I would definitely inquire with both your current lawyer and the court about the possibility of getting a court-appointed attorney to continue your court battle. I think it’s possible, but will probably depend upon your current financial situation. Your current lawyer will have better insight into the judge’s policy on appointing lawyers, so please consult with them. I wish you all the best. Thank you for spending time here at Gustitis Law!

[@reynaldobaca3403]

Hello, I am going to court Tuesday for domestic assault against my gf, she is not going to testify and she is the only witness but she does not want to proceed as we share a son and im the only provider, what are my chances of the case getting dropped? I never talked to the police

[@GustitisLaw]

Your girlfriend can be forced to testify against you by the prosecutor. They can subpoena her and call her as a witness. If she refuses to answer questions, she can be held in jail, under a contempt order, until she decides to answer questions. You should have an experienced criminal defense attorney help you defend this case. The attorney will review the evidence and give you advice about how to proceed. Good job not talking to the police!

[@BitStreamTR]

Thank you for the facts 🙏

[@GustitisLaw]

Of course.

[@crisis-cast]

Thank you

[@crisis-cast]

Yep. He replies to all comments. Cool

[@GustitisLaw]

Thanks for visiting!

[@prison-wife]

Great video Great information

[@GustitisLaw]

Glad you enjoyed it!

[@tyreekking7861]

I need your advice, I was at at party and a fight broke out I was in my car before it happen and when I seen all the people fighting I hit my gas out of shock, but I bumped an officer that was running to the fight, he ran in front of the car and now I’m being charged with second degree battery. My first offer is 2 years but it was an accident.

[@GustitisLaw]

You are asking for legal advice, but I cannot give it. I'm sorry.

[@jackielancaster8315]

Thank you...

[@GustitisLaw]

You're welcome!

[@thesmartkid4495]

How plea bargaining rule brings implication in the evidential rule..

[@GustitisLaw]

I’m not sure I understand your question. If you plea bargain, you are admitting guilt to some charge. If you admit guilt, that is all the evidence needed by the court to convict.

[@SPj3185]

Gustitis Law ok so why the plea bergain is not transparent then?? Why only lawyer and prosecution goes in the room and talk about that? Why pleading guilty just saw they ensure your conviction upon showing judge evidence? What are my right as human being?? We are pressured of accepting guilty plea because of fear because of agreement that makes you think is a good thing when is not and because trial are expensive! We only do a favour to precaution accepting guilt plea so they can wash their hands and do not need to show evidence their job is done and can move to next case and court won’t spend more time on your case!!!! This is unfair on human rights, you are already guilty before reaching Any resaunable doubt!!!!!

[@hopeannmurray9337]

@@SPj3185 if you commit multiple crimes, a plea bargin would help you. If you were innocent you wouldn't have accepted... also as a reminder the evidence against you only has to be proven beyond a reasonable doubt .. circumstantial evidence is admissible and that could only suggest you did something beyond a reasonable doubt. If you take a plea bargain you are giving those rights away as the gentleman stated. You posted a comment for millions of people to see that wasn't well thought out or executed.

[@hopeannmurray9337]

By admission of guilt prosecutors need no evidence...

[@jerrylmartinez3339]

Here's a question for you! Can you appeal a plea deal for the simple reason that your attorney did not represent you to the best of his ability. The main reason is during my whole case I only saw him once and he never reviewed the evidence against me with me or even showed it to me.

[@GustitisLaw]

The law presumes your lawyer rendered effective assistance of counsel. Effective assistance does not mean error-free representation. However, if you can meet the burden of proof showing counsel was ineffective, then you might have a leg to stand on. Good luck.

[@meekermojo9813]

Hypothetically, can a prosecutor threaten to raise doubts if you don't agree their plea offer when defendant wants to proceed to trial, or would that be considered cheating?

[@GustitisLaw]

Raise doubts about what? I'm not sure I understand your question. The case is based on the admissible evidence. What the lawyers say is not evidence. If you don't think they have enough to convict you, then take the case to trial.

[@meekermojo9813]

@@GustitisLaw doubts about mental fitness to proceed to trial. Defendant has asked for the matter to be set for trial, as the case is weak at best. Then at the readiness hearing the People said either take the plea offer, or we will ask that criminal proceedings are suspended.

[@GustitisLaw]

@@meekermojo9813 You must make sure the defendant is competent. Both to stand trial or to take a plea bargain. If there is a question as the the defendant's competency they must be evaluated by an appropriate expert. The report will be provided to the prosecutor, the judge, and the defendant.

[@besimplebeweird9140]

My attorney is giving me a plea guilty agreement and reduced my charges to a disorderly conduct and misdemeanor. So Thursday or Friday is court day and I’m thinking of fighting it by myself seems like my attorney can’t do much for me after I paid them $5k to help me smh. It was a false accusation and statements so now.

[@GustitisLaw]

What was the original allegation against you? That is, what was the crime they indicted you for?

[@besimplebeweird9140]

They charge me with assault and DV which is false accusations from my ex wife.

[@GustitisLaw]

You certainly have the right to reject this plea agreement and defend yourself in court. Hopefully, you hired your lawyer because you trusted them. So, listen to their advice, weigh your options, and make sure you understand the risk of trial v. the risk of taking a plea. Then make your decision. Good luck!

[@besimplebeweird9140]

Gustitis Law thank you

[@tonytaylor3832]

How would you fight a aggravated stalking making terroristic threats to kill case

[@GustitisLaw]

I don't know. I would need to evaluate all the evidence and law applicable to the case before developing any strategy.

[@lauratrefts774]

My son agreed to a plea bargain that subseqeuntly got him a strike. He signed and is now awaiting sentencing. My question is can my son retract his plea ?

[@GustitisLaw]

Possibly. I would consult with his defense attorney immediately to discuss your son’s options.

[@peace115xxx]

So a plea bargin is admitting to a crime you didn't do ? I'm confused 😕

[@jozafoa9002]

I need your professional advice please. My husband violated his probation due to helping mom get her strips for diabetic machine and a bottle of Pepto. This is his first probation and 1st ever probation violation. We just came back from a lawyer at the public defender's office and he told us that he still needed to serve 90 days in jail/prison. My mother also already wrote a letter to confirm that my husband did tell her about his probation and it was the last month of his probation but my mother said she really needed the strips to check her glucose levels and a bottle of Pepto. We has asked this lawyer if there was any other way or any other option to avoid jail or prison because my husband is my only source of income since I just got back on island after my check ups off island and I still have not got a job yet but the lawyer said that there were no other options and he still needed to serve his time. When he was caught violating his probation, they locked him up for 5 days but was released on a $3000 bond awaiting his hearing. They have been postponing the hearing from Feb and just today the lawyer called that he come in and roll us the plea. We were hoping to ask for a plea of performing community service. Would this be a plea agreement for this type of violation and would it be accepted?

[@GustitisLaw]

I'm sorry, but I cannot answer your question. I don't have enough information to do so.

[@NE_Patriots50]

My public defender lawyer was to busy playing golf all the time and almost three years of in and out of court room by myself he got me a plea deal for a crime i didn't commit. Now my life sucks!!

[@GustitisLaw]

Why did you plead guilty to a crime you did not commit? Who actually committed the crime? Maybe you could have done better representing yourself? How did the delay work against you? In my 30 years experience, delay has mostly worked to my client’s benefit.

[@Ralphyx33]

@@GustitisLaw what do you mean by delay

[@GustitisLaw]

@@Ralphyx33 Not resolving the case. Kicking the can down the road.

[@Ralphyx33]

@@GustitisLaw The longer your case is left unsolved the better of a chance you have getting off. How long can you leave a battery case open because I have reacted in self defense. I didn’t make the first strike in my situation.

[@GustitisLaw]

@@Ralphyx33 The court has actual control of your case. They decide when to set the case for hearings and for trial. All courts do this differently. Consequently, I have no idea how long your case might be delayed. What does your defense attorney think?

[@mjs1557]

To Gustitis Law I have a question. First just to be clear this question is just in general nothing dealing with me or anyone I know. With that said I know our justice system is set up to where you are Presumed Innocent unless proven guilty, but it seems the way society has shifted especially in relation with the sex crimes, like rape, sexual assault etc. you name it. My observation is it's almost the person accused being 98 percent of the time being a male, it seems at least in those types of crimes the momentum has shifted to the defendant is pretty much Presumed Guilty until proven innocent maybe not officially but virtually. Why do you think that is, because wasn't when wiser men than any of us alive today set up our system and rights they granted said rights across the board to all of us not on a case by case basis. I think it is a crying shame that it got to that but what are your thoughts on the topic?

[@GustitisLaw]

The presumption of innocence is a rule inside the courtroom. It is not a rule for life on the street. In fact, the rule was developed to protect people from the natural bias of presuming guilt. It’s our human nature to presume guilt, that’s why they wrote the law, to protect people in the courtroom from human nature.

[@igotthepowerinme8879]

Why are the plea deal facts different than the initial police report?

[@GustitisLaw]

I don't know. I would need to review all the law and evidence related to the case before I could give you a competent opinion. Thanks for your visit!

[@aslmad1]

I’m here because I’m against plea deals. The first time i heard of it i was so disappointed in the legal system and disillusioned its my country and humanity. So thanks for that, Damn lawyers. I used to think court was about finding the truth! Since plea bargains exist, they should at least be fully transparent. But really they shouldn’t even be a thing. Guess i have more ethics than my justice system! Scary! So in the actual records the true nature of the crime s purposely wrong arrggghhh.

[@GustitisLaw]

Dear Ann: Thank you for visiting and taking time to comment! As you learned from your personal experience, plea bargaining is a fact of life in the court system. It's probably less about the lawyers, though, and more about how burdened the justice system has become. In other words, the judicial resources to try every case simply do not exist. Consequently, there are arguments on both sides of the plea bargain debate. Sometimes a plea bargain can reduce risk to the accused, while other times the accused person is pressured into taking a deal. Thanks again for watching! I hope my thoughts gave you additional perspective on the pros and cons of plea bargaining.

[@wilfredorivera48]

All it takes is for you to be an important person and to have money. Otherwise there are lots of buts...

[@frlouiegoad4087]

TRUTH has nothing to do with the law.

[@aslmad1]

@@frlouiegoad4087 apparently, nor religion

[@j.williams5876]

About 6 months ago I was sitting in my parked car adjacent to the park, & two cops brazenly opened my car doors & told me to get out. I kept asking them why? After a few seconds they tried pulling me out. I tried to stay in my seat for about a minute, but then relented after they threatened to taser me. They handcuff me on the street, & search through my car. Of course, they find nothing incriminating. I asked why they did this to me. They said they are looking for a black male wearing dark clothing who was running. There was a burglary more than 1/2 mile away, so to LA County's finest I had to be the culprit. They charge me with PC 69. First charge ever. I rejected all plea deals. Another DA takes over at pretrial & wants more time for another pretrial to offer another deal. I plan to reject it. One reason why I want a jury is because according to CalCrim, the state must prove that when I acted, I knew the cops were performing their duty. But I honestly didn't know. I thought they were literally trying to kill me as I never did anything wrong - they didn't tell me the situation. I think most people in my shoes would have seriously feared for their life. I believe I have a very good chance at winning if it goes to jury trial. The video of the interaction is on my channel.

[@GustitisLaw]

What was this charge?

[@j.williams5876]

@@GustitisLaw PC 69 misdemeanor. Video on my channel.

[@GustitisLaw]

Ok.

[@marcushaynes4216]

How did everything go?

[@edwardfletcher8158]

I have a question I'm being charged with unlawful carry of a handgun on my premises where I live. I was charged with a 2020 conviction of an assault charge for defending myself. The thing is I have my registration for my gun I bought it legally at a gun store. I bought it in March of 2021 and the new penal code is in September 1st 2021 . They said I wasn't supposed to be in possession of a firearm for 5 years. Can the judge charge me even though I have a registration for my gun?

[@GustitisLaw]

I don't know. Since I have not independently investigated the facts and law applicable to your case, it's impossible for me to answer your question.

[@sixtusswartbooi2197]

What does plea bargaining have for a trail awaiting person is there hope in wining the case

[@GustitisLaw]

I would need to review all the evidence and law applicable to the case before I could answer your question. I do appreciate your visit, nevertheless.

[@lonelson1325]

My son was accused of domestic violence from his child’s mother. He didn’t hit her at all there was a witness. But the DA, has excluded her completely. Because she could be bias. The baby mom filed a TRO which she never showed up for. The family court dismissed this hearing. She has no marks on her at all stating he knocked her down and beat her unconscious. Then the DA has decided to pick up this case in CA. They said they had a video judge kept asking for this video but the didn’t have one wanted him to plea to misdemeanor. He refused and now we’re going to trial. Ohh but today when we went for hearing to pre trial suddenly the have stalled since last February now they claim they have a short video. It seems like they’re trying to make him plea either way. Any suggestions? The public defense dressed looks like she new promise all this stuff she could do but now she never responds to emails.

[@lonelson1325]

Thanks for all your video. Why is the public defense dressing so very bad is this normal?

[@GustitisLaw]

Unfortunately, I don't have any suggestions since I have no access to the facts and evidence in the case. If you don't like the lawyer defending, then identify that lawyer's boss and talk to them. I wish you luck.

[@marcushaynes4216]

How did everything go?

[@Cclovercollectiive]

Can you request evidence before turning yourself in if representing yourself ?

[@GustitisLaw]

That depends upon your state's law, but my guess is probably not.

[@andrewbridges7559]

Do judges usually accept plea bargains for very low level felony cases, like child support.

[@GustitisLaw]

Judges understand the utility of plea bargaining, so yes.

[@cv13579]

@@GustitisLaw if i was offered a plea bargain but it was a package pb. The other defendants didn't accept it so i couldnt accept it. Can i lock it in and when we go to trial my sentence can't be worse than what i was offered if i lost the trial?

[@GustitisLaw]

@@cv13579 I don't know. What does your defense attorney think about this question?

[@cv13579]

@@GustitisLawhe said he could lock in the plea bargain with the DA and even if i go to trial and lost the sentence won't be worse than the plea offer. Is that possible?

[@GustitisLaw]

@@cv13579 I have no idea. Please take your defense attorney's advice.

[@tammyd1361]

Help‼️. I have court a week from today. My Court appointed attorney called today and told me a plea was offered. Plea: 10 month probation, Some fees to pay, anger management course. Counseling twice a month. I already did all my research on the steps in a court case since this is my very first “ offense “ . So I’m definitely not taking that or any plea. I’m being charged with a CLASS A misdemeanor. Causing bodily harm to a family member. No charges were pressed it me against the state of texas. What are my chances of beating this case. TO ME, It’s either they find me guilty and I go to jail or charges be dropped and case dismissed. There is no in between . I know for a fact I didn’t do this.

[@GustitisLaw]

Since I have not independently reviewed the evidence in this case, I have no idea of the chances of beating the charges. Review the evidence WITH your attorney. Discuss possible defenses. Listen to their advice. Then make the choice you believe is best for you, considering all the benefits and risks.

[@ChristisLord553]

What happened

[@user-bs2nt6uf5x]

I was perjured on restraining order

[@GustitisLaw]

That is a very tough break. But like all areas in life, shit happens. Good luck to you and thanks for your visit.

[@shandaclark2442]

I'm just wondering why a puplic defender would keep postponing a court case for two 211 charges and the person has been in jail for 3 years and it's just being postponed every 3 months and they're calling it a preliminary hearing

[@GustitisLaw]

I can't comment on the strategy because I know nothing about the case. But delay is a common way to improve a client's position. Has anyone asked the attorney why they want the delay?

[@stacybritten2930]

My husband and I live in a small town in Louisiana. Several weeks ago, he went to a local station for gas. He came home and I went to bed early as I'd been working long hours. I might have been asleep 5 or 10 minutes when I heard commotion on porch directly outside our bedroom. When I opened door to check, porch was full of police with my husband. They immediately started to pull him away to their truck as he turned and told me(I think they're going to arrest me!) I asked (Why?!#$@) The officer in charge pulled me over to the other end of my porch telling me he was going to show me proof that my husband stole money from a woman's wallet. He proceeded to show me video of my husband walking back from paying for his gas and starting to pump at which time he saw a wallet on top of pump. He opens it and the only thing visible was a small piece of white paper as far as I could tell. When neither my husband or I could tell him any more about wallet, he let my husband go , admitting he didn't have enough evidence. During our conversation, I did ask if store had any other videos and he said there was only video at pump which was lie as this place is also casino. All our stations in town are. My husband told me they had read him his rights immediately as he walked out of door to check on funny noise. A couple days later, cops came back while I was at work and cuffed him to bring him to station to give citation to come back to court because of what they called new developments. They went back to store for more video they said didn't exist. My husband has something through his job called legal shield he called. The man he talked to encouraged him to lawsuit. He didn't want to sue and asked for a more local lawyer who was supposed to be good. Also, guy at legal shield suggested we pick up police report. When went to station to get report, several police were there led by chief. They started to verbally harass my husband, stating they knew he guilty and pulled out a video for us that seems to show my husband looking through wallet again and pulling something out as he walks back in store to turn it in to cashier. But he swears there was nothing in wallet to take. My husband was sitting in a chair at police station at time protesting his innocence loudly. Only his tone changed. He did not threaten anyone in Amy way. He never moved from the chair or raised his hand or anything. One of the policemen who is large, muscular and full of tatoos, approached my husband chair aggressively and puffed his chest out. He acted as if he was going to beat the crap out of my husband. We held our peace and asked for all videos, which they told us they were giving for our lawyer. Their body language said otherwise, so I advised my husband to have checked. His boss helped him look. There was only one video of wrong side of pump, which showed nothing. So we hired the lawyer referred to us. I tried to look up his reviews and couldn't find any really bad. On our first consultation, he asked us if we didn't want to just pleabargon and pay the 800.00 in 20s the woman said was in wallet. We did not because he was innocent. The lawyer pushed court date back one month while went for videos and called us in to show us the only 2 videos has. One is the last video police showed us that looks like my husband is taking money out of wallet. The other is of him handing wallet to cashier and she'd opens wallet to look. As he's showing us videos, he's screaming at my husband same as police chief , telling him he's guilty and he just as well admit it. My husband is still saying there was no money in wallet to steal. Lawyer then tells us he knows prosecutor and chief very well and they're all friends and he refers to them by first name. He also made a point of reminding us how difficult it would be to live in our small town with police if we fight this. He told us he got us a real special deal of 950.00 with prosecuted if my husband doesn't want to be in jail. The police also made note of a generator I bought my husband over summer. I found my credit card statement and showed the lawyer before we left his office to consider over weekend. Before I left, I told him how tattoo policeman was acting and asked again to see first video we were ever shown and timestamps. He got very angry and refused. The video I did see blown up looked fairly clear except for the money hand and money, which were very blurry no matter that his hands moved up an down. The blur just on hand. Looked like barely visible ghost hand. Is it possible video was manipulated? My husband is still swearing innocence, but planning to give in to pressure for my sake. I don't want him to plead guilty if he's innocent. I don't want police to keep harassing us. I'm worried about our safety either way. Before this incident, a while back, the police stopped us my husband's truck for a headlight, then brought my husband to rear of truck while another officer came to my side vehicle and opened door to demand my license even though my husband was one driving. They shined light all over me and my purse. I knew they weren't really stopping us for light. It just gave them excuse. Because we were coming back late around 11:00 at night, I'm guessing they figured we had drink or drugs. We had neither and don't plan to. Help please

[@GustitisLaw]

I’m so sorry this is happening to your family. It sounds very frightening. My best advice to hire a qualified defense attorney in LA immediately. They can review the evidence and law and give your husband advice about how to defend himself. In the meantime, he must remain silent and speak to NO ONE about the case, including you.

[@chuckd366]

When i talk to them can i tell them i have i have s witness.

[@GustitisLaw]

Tell your defense attorney you have witnesses. DO NOT TELL the prosecutor.

[@carlpeters2714]

I had a sale or transfer of 0.2 Crack cocane my lawyer told me he had to look at the film video of me selling by himself or they will take me to trial and try for the max this is my first afense never been in any trouble so I listened to him and I was sentences to 10 years was my lawyer right or did he work with them to get a conviction

[@GustitisLaw]

I cannot render an opinion since I do not have access the evidence, reports, lab results, statements, etc. With that said, I doubt your attorney was working for the prosecutor.

[@peace115xxx]

So is a plea bargin admitting to a crime that you didn't do ? I'm confused 😕

[@GustitisLaw]

Yes. A plea bargain requires a plea of guilty to obtain the prosecution's recommendation on punishment.

[@GustitisLaw]

@Luke Baker Why is your example any different than what I said? Your example requires a guilty plea to get the "two year" sentence.

[@GustitisLaw]

@Luke Baker 10-4. Thanks for visiting and contributing!

[@petakyahbuckley6403]

Can I ask for a jury trial instead of a judge trial. I don't have a lot of money just enough for fighting help.

[@GustitisLaw]

Sure you can. But you will need a lawyer to help you navigate a jury trial. Good luck to you!!

[@edwardmunoz3109]

Need advice please help

[@GustitisLaw]

See my reply to your other comment. Thanks.

[@kylagwinn5162]

My bfs lawyer says hes better off to plea guilty n show remorse instead of wrongfully convicted bc he was found guilty from the grand jury but he was more in the acts of self defense his presenting hearing is coming up any advice

[@GustitisLaw]

Your boyfriend has total control over what his plea should be. If he wants a trial, then have him tell his defense lawyer immediately.

[@tyradeluca8920]

I'm scheduled for a pre trial conference in 30 days. I haven't even had a face to face meeting with my attorney. I'm scared. I dont have a criminal record and no jail time ever. What advice if any should I do or just wait for her to call me for an appt?

[@GustitisLaw]

Call your lawyer every day until you get in touch with her. Please be assertive and make this effort until you are satisfied.

[@lindsaygoins8725]

hi sir MR. Gustitis law i have a situation dealing with a old case how and where can i get help to have some one check or review it

[@GustitisLaw]

I would check with a lawyer working in the jurisdiction where it occurred. I wish you the best of luck.

[@andrewkeck3710]

I took an Alfred plea .prosecutor was SAPOSE to recommend 6 months probation .the judge didn't know it was,a,plea,Bargan. The the prosecutor recommended over the guidelines? How bad was I lied to and was it actually a plea Bargan or a,court stunt. If the judge didn't know ... is it possible 4 the judge not 2 know

[@GustitisLaw]

Was this in federal court?

[@peteralvero929]

If the the petition to bail is denied the accused can avail the plea bargain..?

[@GustitisLaw]

I’m sure they can if the plea bargain is an acceptable result for the defendant.

[@brianbaker3236]

Hello I’m Brian I have had a criminal case go on for 4 years been on house arrest and just spoke with my lawyer which I have paid a lot of money too he said the da offered m 5 years or go too trail there is no evidence other then word in this case I need help or edvise thanks

[@GustitisLaw]

Since I have not studied the facts and evidence myself, it's impossible for my to give you any advice about what to do. But that is what you hired your lawyer for. If you don't like his work, then fire him and hire another.

[@kankosa2010]

Is that good Lowyer ?

[@GustitisLaw]

See my other reply. Thanks.

[@caseyfoster2982]

Hey I have a question if I'm innocent in my case and they have no evidence but police statement but they offering 8 years should I take to trial

[@GustitisLaw]

I have no idea since I have no access to the evidence of the law applicable to this case. That's what a hired criminal defense attorney is for. Good luck with your case.

[@caseyfoster2982]

@@GustitisLaw can they convict me on hearsay I hired a attorney but she is tryna plea me out

[@Dontex_r]

Why plea if there's no evidence.....

[@MsBrooklyn62]

I can't understand why anyone would submit to a plea bargain?!

[@GustitisLaw]

Because a plea bargain can reduce and manage risk to the accused person.

[@MsBrooklyn62]

@@GustitisLaw Given the reason you listed it hardly seems like a solution.

[@GustitisLaw]

90% of all cases are plea bargained.

[@mahone-kt4dj]

Don't you get it prosecutors intimidate people to plea bargaining take a plea bargain when a public defense lawyer operates in the dark he can't talk to the person about like what they found and what they can use in their in their descent because if we really want to have a fair system we need to replace a prosecutor's with something that is less intimidating such as a defense counselor where are they they read through the case and then they take notes and then they give the voice they take notes and give them to you the one copy to the lawyer would go to the prison and talk to the person and really help them decide whether or not they have a strong case before the trial they would go to the judge and just turn in all of the evidence before trial they would just kind of like really not intimidate them in any way to take the bargain they

[@ironjohn5914]

If your innocent, It's such a wonderful feeling to fight the prosecutor and then Win!! Jury trials are the way to go!!

[@GustitisLaw]

If you have good facts, I agree.

[@derreklong3549]

- said no public defender, ever.

[@ironjohn5914]

@@derreklong3549 you need to hire a great Criminal defense lawyer that's the game....if your innocent,,,fight it!!!

[@derreklong3549]

@@ironjohn5914 unfortunately I don't have 30 grand laying around somewhere incase the state decides I'm their newest commodity. There's nothing I could do within a reasonable amount of time to procure that, short of robbing a bank or dealing drugs, skip the networking involved mind you. I'd have to pick up 30 more to cover the way I got the first 30.

[@ironjohn5914]

@@derreklong3549 what where you charged with...

[@felixtorres6554]

👍👍👍👍👍 I'm learning a lot for your videos thank you

[@GustitisLaw]

That is great! Thanks for visiting and commenting.

[@kankosa2010]

What if you Lowyer want you to take first plea deal ?

[@GustitisLaw]

The first offer might be the best offer. Don’t evaluate the offer based upon it being first or last. Evaluate the offer based on the facts and your exposure if you reject it.

[@roadrunner9622]

If the DA is offering you a sweet deal and you reject it, don't be surprised if it's not offered again. That really irks prosecutors. Especially if you're obviously guilty.

[@ironjohn5914]

Listen to Gustitis Law!!! Don't ever take a plea deal, Gustitis knows his stuff!! Your better off to Jury trial and WIN!@! DONT BE A PAWN IN A GAME YOU DONT KNOW!!!!!LISTEN TO ATTORNEY GUSTITIS!!° HE DOESNT MESS AROUND AND WILL FIGHT FOR YOUR RIGHTS!!!!!

[@GustitisLaw]

Don't forget the decision to go to trial is a tactical and strategic decision. NEVER make that decision without the assistance of a qualified criminal defense attorney.

[@Geez01]

All good points but prosecutors use threats of long prison sentences to get you to take a plea. As African American we don't get the benefit of being presumed innocent nor do we have the resources for a prolonged trial.

[@GustitisLaw]

You are correct that prosecutors use pressure tactics like these to get pleas. But that’s why you have a defense lawyer to help you determine what is legitimate risk and what is not. And also remember the prosecutor usually makes offers based upon the case facts. If you have good facts, then leverage them in the negotiations. If you have bad facts, then you are in a tough spot.

[@Geez01]

Thank you for the response. It offers good insight. My son is currently in a legal dispute charged with aggravated assult on an officer. The officer says he reached out and touch his shoulder during an arrest. My son contends he laid down on the ground as the officer approached him to avoid being hurt because the officers gun was drawn. There so many major inconsistency in their story I believe we could win at trial, however my attorney seems content to take a plea... he says based on where the incident occurred and the make up of the jury and judge he doesn't think we could win a trial. I'm conflicted on what to do!! My son has no criminal history, he goes to work everyday, he's truly a victim of being at the wrong place at the wrong time.

[@GustitisLaw]

@@Geez01 This sounds like a very difficult situation. Please make sure your son has a defense attorney that he trusts. The lawyer will investigate the evidence and give your son advice about how to defend himself.

[@Geez01]

Thank you for the advice!!

[@GustitisLaw]

@@Geez01 You are welcome.

[@mikemichael5591]

Some courts only offer non jury trials . Specifically in a municipal court on misdemeanor charges. Not giving u an option for a jury trial . Those courts also usually nominate from within their own prosecutors to be judges. It’s not an honest system .

[@GustitisLaw]

The system will be governed by state law. If incarceration is not a possible punishment, then a trial to the court seems reasonable.

[@mikemichael5591]

Nah . There was up to one year incarceration? Misdemeanor charge . They do all their misdemeanor charges in municipal courts where there is only a judge no jury option . Their felony cases of a year or more possible incarceration are done in the superior sector part of their courts . Yeah they also do non jail offenses like disorderly persons that would be non incarcerations. But yes in my regard I was facing up to a year in jail if convicted and was not allowed to have a jury trial only judge trial .

[@mikemichael5591]

Nah . There was up to one year incarceration? Misdemeanor charge . They do all their misdemeanor charges in municipal courts where there is only a judge no jury option . Their felony cases of a year or more possible incarceration are done in the superior sector part of their courts . Yeah they also do non jail offenses like disorderly persons that would be non incarcerations. But yes in my regard I was facing up to a year in jail if convicted and was not allowed to have a jury trial only judge trial .

[@mikemichael5591]

Nah . There was up to one year incarceration? Misdemeanor charge . They do all their misdemeanor charges in municipal courts where there is only a judge no jury option . Their felony cases of a year or more possible incarceration are done in the superior sector part of their courts . Yeah they also do non jail offenses like disorderly persons that would be non incarcerations. But yes in my regard I was facing up to a year in jail if convicted and was not allowed to have a jury trial only judge trial .

[@roadrunner9622]

A perfect example of not taking a plea bargain is Casey Anthony. They charged her with first-degree murder to satisfy the public's bloodlust. But they had no actual evidence that she killed her daughter, much less in the first degree. She saved herself 5-15 years in prison by not accepting a plea deal. (* They had evidence that she knew her daughter was dead, but not that she's the one who killed her.)

[@GustitisLaw]

That is a good point, but not necessarily accurate. In our system the defendant can be isolated from public outrage by the jury voir dire process. Secondly, we don’t know what the critical evidence was in this case. She and her lawyer did. Lastly, prosecutors do not depend upon public outrage to obtain convictions since they know how the voir dire system works, as well. Thanks for your comment.

[@AustinHollingerOfficial]

@@GustitisLaw maybe I'm cynical, but that is how it is supposed to work but there are corrupt prosecutors and justice system employees who will do anything to get ahead.

[@GustitisLaw]

@@AustinHollingerOfficial It's the defense lawyer's job to make the system work the way it's supposed to work. What do you mean by "corrupt?" Further, do you have any evidence to back-up your conclusion?

[@ftnwo868]

​@@GustitisLawoh you don't know what he means?

[@malcolmabram2957]

Thank you for explaining this. In 2008 Jeffrey Epstein received a custodial sentence of 13 months for the sexual assault of 2 girls, and such was through a plea bargain. In fact nearly 40 other girls, as young as 14 years old, had also been identified. I am British and many of us share a generic disgust of the system of plea bargaining. It seems that it is a 'trial' between the prosecuting and defence counsel, whilst in this case many girls were not permitted a voice and subsequently witness true justice being done. Yes, it greatly simplified the case, and no doubt Epstein could afford the massive subsequent lawyer fees, but ultimately justice must be witnessed. Lawlessness is to be avoided at all costs. I feel the Ghislaine Maxwell arrest will be a high profile critical test for justice in America. People must have confidence in such, otherwise there can only be lawlessness.

[@GustitisLaw]

Thanks for sharing your excellent point here on my Channel. Plea bargaining accomplishes many goals. It preserves judicial and prosecutorial resources. It saves victims from testifying and re-living traumatic experiences in court. It manages risk to the accused person and to the government. Since we don't know what policies the Epstein prosecutor was furthering in plea bargaining the case, it's difficult to pass judgment on that prosecutor's decision.

[@malcolmabram2957]

@@GustitisLaw Thank you for your reply. Appreciated. Of course I understand that you cannot comment on a specific case.

[@GustitisLaw]

@@malcolmabram2957 I appreciate your visit, nevertheless.

[@ironjohn5914]

3 Jury trials under my belt, All Not Guilty! no plea deals ever! I don't negotiate with prosecutors! Now currently wearing a Body Camera, Vehicle Camera, and I don't talk with or meet with police ever!!! Everything goes through my Attorney!! I am a law abiding citizen, and licensed CCW.

[@ironjohn5914]

Also have a Super Clean record with no convictions.......

[@ironjohn5914]

DONT TALK WITH OR MEET WITH POLICE!!!!!!! Talk to your Attorney ONLY!!!!!!!

[@GustitisLaw]

Good advice. Thanks for your comment

[@ironjohn5914]

@@GustitisLaw yes, I've seen first hand how police write false reports and a Judge and DA be corrupt, they only want convictions not the truth, but the truth is what sets you free along with your silence......

[@GustitisLaw]

@@ironjohn5914 I appreciate your position on this subject. And I cannot thank you enough for commenting on this thread. Good luck in your future endeavors. I am curious, however. What were you charged with that lead to three trials and three acquittals?

[@jamiethompson3851]

If your accuser doesn't come to court for a aggravated assault with a firearm and he's the only one what happens?

[@GustitisLaw]

If the witness was subpoenaed, which most certainly will happen, and if they don't show, the DA will ask for a continuance to find and arrest the witness. The court will most certainly grant the motion. Once the witness is in jail, the court hearing will take place and the witness will testify. If they don't testify, the judge will keep them in jail until they do. That's my best guess.

[@jamiethompson3851]

@@GustitisLaw well he skipped town the same night

[@jamiethompson3851]

Spanish guy cops didn't even get his last name in report

[@steveseifert5298]

Why don't you fight to stop the unconstitutional practice of plea bargains. Each case is supposed to be argued and or settled on it's own merits. Hmmmm.... Maybe the words case law that are not even in the constitution should go away as well because that's what pleas are based off of. Prior cases.

[@GustitisLaw]

Why should I? Plea bargaining helps my clients manage risk. There is no constitutional prohibition against plea bargaining.

[@KL9702.]

What if you went from having 3 felonies to getting pled down to a misdemeanor? Does that prove that the prosecutor doesn't have a strong case? My husband is innocent and I feel like they know it.

[@GustitisLaw]

No it does not. If the prosector wants to resolve a case, they can offer anything they want to get it moved. If your husband is innocent, then have him talk with his defense attorney about setting the case for trial.

[@miguelrobb5719]

From my experience if you are going from a felony down to a mere misdemeanor with no jail time, then yes there’s some holes in the case. I’m going through a case right now and they threw the book at me and said that I was facing 6 years. My first lawyer urged me to take a plea deal. I refused and had to get another lawyer a year later. I got tired of being bullied so I said “let’s go to trial”. Now the prosecutor doesn’t want to go

[@Ashyknuckz08]

Will you go to jail for a 1st time offense reckless endangerment class F felony non violent I have no criminal history ii was released on a ror no bail was set

[@GustitisLaw]

I don't know. The final result in a case depends on many, many factors. None of which do I have access. If you have not obtained a qualified criminal defense attorney yet, that would be your next step. Please remain silent about the facts of your case and trust your attorney's advice.

[@ronadkins8848]

They should make you a law czar for the US MR G!

[@GustitisLaw]

Lol. Maybe not, but thanks.

[@storygamez8520]

If you agree to a plea bargain and the judge declines the offer, are you still regarded as guilty or do you get to retract your guilty plea? Also, are prosecutors allowed multiple chances at plea bargains if the first one is declined?

[@GustitisLaw]

Yes, you can withdraw the plea. Yes, the prosecutor can make offers to their heart's content.

[@jorihope1375]

What's a non convection ?

[@GustitisLaw]

Depending upon your state law, there may be ways to resolve a criminal case without being found guilty. You still will plead guilty, but you would not be found (adjudicated) guilty. Does this help?

[@jorihope1375]

@@GustitisLaw yes I just got put on sis probation for my first offense once I complete sis will I have clean record again ?

[@GustitisLaw]

@@jorihope1375 I don't know since I am not familiar with the laws in your state applicable to your question.

[@jorihope1375]

@@GustitisLaw I got arrested for egging a girls house and it went down as stocking I was realised pending investigation and days later was charged with harrassment am I able to expunge the arrest record but rn I'm on sis ?

[@rembo183]

What State(s) are you licensed in?

[@GustitisLaw]

Texas

[@rembo183]

@@GustitisLaw - I’m a former career Public Defender in Florida and liked your presentation very much. Good job.

[@GustitisLaw]

Thank you, Joel. I appreciate your kind words.

[@glennhertel1165]

Leal Advice

[@GustitisLaw]

Not sure what you mean.

[@russierh]

Was curious what punishment for level 5 or 6 felon who got two pwismd one schedule 1 other is schedule 2… he has been out of trouble for several years now ? Any help you can give will be greatly appreciated .. also this is NC I’m not sure if that’s where your located

[@GustitisLaw]

I have no idea whatsoever. I don't have access to the law, the evidence, the judge, the prosecutor, or typical sentences a jury in that jurisdiction might impose. This is where an experience defense attorney in that jurisdiction can help.

[@jennettatoliver8836]

I was held in the parish jail for 10 months on the first degree attempt murder charge in armed robbery I was released with no probable cause for still going to court on it what is my rights

[@GustitisLaw]

You have the right to remain silent. You have the right to an attorney. You have the right to question your accusers. You have the right to subpoena witness to appear in court. You have the right to a trial by jury. You have the right to testify in your own defense. Discuss these rights and others with your defense attorney.

[@jennettatoliver8836]

@@GustitisLaw do this mean im NOT SUPPOSE TO BE GOIN TO COURT.. THEY KEEP SWITCHING PUBLIC DEFENDER EVERYTIME IT GETS TO THE POINT WHERE THEY CAN"T SET ITS BACK ..IM TAKIN IT TO TRAIL IM NOT TAKIN ANYTHING ALSO I KEEP BRIN TO THEIR ATTENTION THAT ITS ALOT MISSIN OUT MY MOTION TO DECOVER PACKAGE THING THAT CAN HELP IN MY DEFENCE. NOT OF MY PUBLIC DEFENDER COMMUTE WITH ME EVERYTIME I GO TO COURT I HAVE A NEW DEFEND ATTORNEY..ITS BEEN 4 YEARS NOW

[@GustitisLaw]

@@jennettatoliver8836 I'm sorry this is such a difficult situation. I wish I could do more to help, but I simply cannot. I wish you the best of luck.

[@johnwatson9518]

A prosecutor's career success is based on wins! A plea bargain means he/she/it doesn't think he/she/it can win. Or they're just lazy.

[@GustitisLaw]

Maybe, but not always. Remember you NEVER know what the jury will do,

[@ray495903314]

I think plea bargaining should be abolished, yes the justice system will collapse (temporarily I might add) but the results of allowing plea bargaining to continue, tipping the balance in favor of the prosecution against you, (qualified immunity and prosecutorial immunity) and expanding the definition and classifications of criminal offences has lead to the united states (which is supposedly this free nation) having 25% of the world's prison population and having 4-5% of the world's population.

[@GustitisLaw]

I disagree. Plea bargaining is an effective way for the accused person to reduce risk. However, I believe there is an argument that eliminating plea bargaining might cause prosecutors to file fewer cases since the judicial system might collapse under the load. This result would take a coalition of the judiciary and executive branches of the justice system. But I doubt prosecutors would ever agree to such a proposal. They are too dead set on enforcing the criminal laws. Thanks for your visit and comment.

[@hotcheetos9168]

Kane sheriff threatened me if I come back to jail

[@GustitisLaw]

Then don’t go back to jail.

[@m13kd]

The one is i

[@GustitisLaw]

Thanks for visiting. But a constructive comment or question is preferred over the obscure.

[@keitharnold1381]

Let me email you information on just three things I can’t afford an attorney waiting on disability

[@GustitisLaw]

If you cannot afford an attorney, the court will appoint one to represent you.

[@younghotah3505]

Hey, I just got charged with a domestic violence 4th charge. My girlfriend and we’re arguing loud, I tried to leave the house and she tried stopping me. I shoved her with my back arm and she fell which caused a her to hit her head and bleed. Our neighbors called the police. Neither of us pressed charges. We both are still together but I have a state case now. How can I beat this?

[@GustitisLaw]

Looks like your goose is cooked. Any defense you try to present can be impeached with your prior offenses. The jury will hate you, as a result. Please hire a qualified criminal defense lawyer immediately. Good luck.

[@younghotah3505]

What if she’s willing to tell the judge that the situation was not serious? She’s willing to convince the judge and prosecutors that neither of us intentionally tried to harm on another

[@GustitisLaw]

That is up to her. But keep out of it yourself. You don’t want to tamper with a witness. That is a felony.

[@Dontex_r]

@@GustitisLaw I feel he might have a chance depending on the severity of the other domestic cases....

[@GustitisLaw]

@@Dontex_r He might, but only a qualified defense attorney can review the facts of the case and give advice about how to proceed. Thanks for contributing to the discussion on this thread.