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Constitutional Rights

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Actual Authority vs Apparent Authority to Consent to Police Searches

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

What is Consent to Search in Criminal Law?

This video begins a new series on consent to search in criminal cases and how the police use a person's consent to avoid the 4th Amendment probable cause requirement. Visit https://www.gustitislaw.com for more information about Fourth Amendment consent searches and criminal attorneys in Bryan-College Station, TX. In this video, attorney Stephen Gustitis explains what consent [...]

By | March 13th, 2019|Constitutional Rights|0 Comments

4th Amendment Pretrial Motions to Suppress Evidence

This video considers 4th Amendment pretrial motions to suppress evidence and how they can be used to defend your criminal charges. Visit https://www.gustitislaw.com for more information about pre-trial motions to suppress and criminal defense attorneys in Bryan-College Station, TX. In this video, criminal lawyer Stephen Gustitis, defines when pre-trial motions to suppress evidence can be [...]

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

Right to Speedy Trial – Should You Request a Speedy Trial?

When considering your right to speedy trial, should you actively assert your speedy trial right by requesting a trial? This video is #3 in our series on your right to a speedy public trial provided by the 6th Amendment to the U.S. Constitution. Visit https://www.gustitislaw.com for more information about your right to speedy trial meaning [...]

By | January 16th, 2019|Constitutional Rights|0 Comments

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

“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
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