Skip to main content
Stephen A. Gustitis

Stephen Gustitis’s Answers

389 total


  • Why do I have two court dates for one charge??

    Hello, I recently was arrested by a Texas Highway Patrolman (DPS) for Possession of Marijuana. I sat my 24 hours in jail and bonded out, now I am wondering why I have two different court dates? I received a class b misdemeanor for POM under tw...

    Stephen’s Answer

    Court date settings are often confusing. The best source of reliable information is the court in which your case is pending. Contact the court in question and find out when you are required to appear. Good luck.

    See question 
  • Shouldn't a defense attorney always cross examine a plaintiff in the course of a trial ?

    Shouldn't a criminal defense lawyer always cross examine a plaintiff in a trial to make sure to give his defendant ( client ) thorough representation during a trial ? is it normal for a defense attorney not to examine a plaintiff and expose their ...

    Stephen’s Answer

    Cross-examination is an art form. Whether to cross-examine a witness is a matter of trial strategy. There are so many factors effecting the lawyer's decision to ask even a single question. My recommendation is to ask this lawyer why they used this strategy.

    See question 
  • I have a MTRP in Texas ..One of the violations of my probation is failure to complete CSR hrs. Community Service.

    I completed all CSR hrs. required by the court. But to no avail... I am in violation of probation for not completing them... I called the D.\A.'s office today and asked them if they could look in there file of bad, to see if they had credited t...

    Stephen’s Answer

    Did you complete the required monthly minimum of CSR hours? If not, you are in violation regardless of whether you completed them later. Let your attorney do the talking on this! Good luck.

    See question 
  • In your experience, how often are rape cases (accepted by the DA & indicted) found guilty in jury trial?

    Many statistics are available online. My question is about what YOU have noticed in your experience. Since case details make all the difference... I'm talking about cases in which the "material points" are favorable to the prosecution. (C...

    Stephen’s Answer

    Prosecutors rarely enjoy trying cases to juries they believe they will lose. Consequently, prosecutors will typically choose the best cases to try and plead the others. Under this scenario, cases pursued by the government in jury trials usually win. However, we are making many assumptions to reach this conclusion. Take the advice of the other lawyers and rely upon the trial lawyer's opinion. They know the facts and law much better than us.

    See question 
  • 25 and arrested for shoplifting (third degree theft); have zero criminal record. What's the likely scenario?

    I decided to put some clothes inside my messenger bag, I walked out of the store. I was grabbed shortly afterwards by someone in plain clothes and taken to a back room. They asked why I stole them and I said for need. They asked if I intended to ...

    Stephen’s Answer

    Please understand everything you say, even on legal forums like Avvo, can be used against you in court. Exercise your right to remain silent and speak to no one, except your attorney. You need to hire a qualified criminal defense attorney to assist you in this process. The lawyer will understand the facts and help you apply those facts to the law. From there you'll have choices to make which your attorney can help you with. Good luck.

    See question 
  • What I need to do if I failed to completed 21 weeks lifework course in the defer prosecution contract in 2009,case was dismissed

    I failed to completed 21 weeks lifework course in the deferment prosecution contract in pass 3 years and my case was dismissed. Now I'm trying to expunge my criminal records. County Attorney office stopping me to proceed the expunging what I need ...

    Stephen’s Answer

    You need to hire a Texas lawyer to assist you. Your question does not present enough facts for us to help you. Hire a qualified lawyer and rely upon their assistance. Good luck.

    See question 
  • My husband was arrested for felony possession he went to court but they said the state hasn't filed formal charges yet! Why

    He didn't have to be bonded out they let him out also what are his chances of being knocked down to a misdemeanor?? This is his first offense other than traffic

    Stephen’s Answer

    Please make sure your husband is remaining absolutely silent about this matter. He should talk to NO ONE on this planet about the facts of the case . . . only his lawyer! Hire qualified counsel immediately to begin developing a defense. Do not delay.

    See question 
  • What is a open plea of guilty in front of the judge. If the DA offered 10 yrs will the judge go up.

    My bf has a poss of cs int deliver F2

    Stephen’s Answer

    An open plea means there is no punishment recommendation from the prosecutor. The person pleads guilty (or no contest) and the punishment decision is completely up to the judge. The judge can punish anywhere within the punishment range for the crime the person just plead guilty to. In your boyfriend's case, if the punishment range is higher than 10 years, yes the judge can go higher unless there is an agreement to cap the punishment at 10 years. Good luck.

    See question 
  • How long are you required to be kept in the "drunk tank" after arrest for DUI?

    My field PBT and blood test indicated impairment at 0.14 and 0.135 respectively. However, I blew zero on two PBT machines at the jail and was released immediately. Does this technicality have a chance of helping me to try for a reduced sentence?

    Stephen’s Answer

    I would certainly explain these facts to your defense attorney. Even though PBT results may not be admissible in court (as in Texas), your lawyer may be able to fashion an effective argument from the jailhouse documentation. Good luck.

    See question 
  • I have outstanding warrants for tickets like speeding and failure to appear in little towns coming to houston from bronsville

    i have outstanding warrants for tickets like speeding and failure to appear in little towns coming to houston from bronsville. I want to make a payment plan or something cause my driver license is suspended and I want to fix that the think is I l...

    Stephen’s Answer

    One option is to call each court yourself and ask to speak with the prosecutor. You may be able to work the cases out by negotiating with the State's attorney. Your other option is to hire an attorney willing to do this work for you. Good luck.

    See question