Top Rated Criminal Defense Attorney in Bryan, TX

Honors/Awards:

• Texas Super Lawyers, (Thomson-Reuters Service) in 2011, 2012, and 2018
• AVVO rating is 10 (Superb)

Special Licenses/Certifications:

• Board Certified in Criminal Law, Texas Board of Legal Specialization, 1995; Approved for Capital Murder Lead Counsel, Texas Second Administrative Judicial Region, 2000

Bar/Professional Activity:

• Member of Texas Criminal Defense Lawyers Association; Member of Brazos County Bar Association

Pro bono/Community Service:

• National College of DUI Defense, Member

Scholarly Lectures/Writings:

• Metrology is the science of measurement. The State often relies upon measurements to prove allegations against our clients. When defense attorneys encounter these measurements in the courtroom they must be prepared to confront them. Consequently, a special understanding of metrology may help deconstruct a measurement relied upon by the prosecutor., Author, "Using Metrology to Understand Forensic Measurements", Voice For The Defense, 2016
• Prosecutors like to use it. Occasionally, we may like it, too. Retrograde extrapolation is the method by which one estimates a person’s BAC at the time of driving based upon a chemical best retrograde-extrapolation-curve result later in time. Today we undertake to develop a simple guide to these principles to help the planning of your next retrograde extrapolation cross-examination., Author, "A Toxicological Guide to Retrograde Extrapolation Cross Examination", Voice For The Defense, 2016
• If confirmed by the United States Senate, Judge Neil M. Gorsuch would fill the SCOTUS vacancy left by Antonin Scalia. Judge Gorsuch will probably be good for criminal defendants in light of his writings on the 10th Circuit and his public comments. , Author, "How Might Criminal Defendants Fare With a Justice Neil M. Gorsuch?", Voice For The Defense, 2017
• Based on 25 years of observation, the number of women defense lawyers at the county courthouse continues to be a minority. It should not be so, however. There should be more of them in our courtrooms fighting for the rights of the citizen accused., Author, "More Women Criminal Defense Lawyers Wanted", Voice For The Defense, 2017
• Lawyers are, in many ways, risk averse. Whether it’s utilizing a new trial tactic, marketing a law practice differently, investing money for retirement, starting an exercise program, running for public office, or simply interacting with one’s spouse in a new way . . . we lawyers are resistant to new things., Author, "Summoning Courage to Try Something New", Voice For The Defense, 2017
• Although the evaluation of anonymous tips may only interest the criminal defense lawyer, these secretive, back-alley calls should concern everyone., Author, "Evaluating Anonymous Tips", Voice For The Defense, 2017
• How can you utilize storytelling to improve business and income for 2018? Read more for a lawyer's perspective on how a good story can distinguish yourself from the competition., Author, How to Use Stories to Distinguish Yourself from the Competition, Voice For The Defense, 2018
• H.B. 3016 authorizes the sealing of Texas convictions for a first-time DWI, with a BAC less than 0.15. The question is whether this new law will change the way DWI defense attorneys advise their clients. , Author, "Will H.B. 3016 Change the Way We Defend DWI Cases?", 2017
• Getting an out-of-state witness to Texas court is a chore. Texas criminal defense attorneys need a checklist for streamlining this process. , Author, "How to Subpoena an Out-of-State Witness", Voice For The Defense, 2016
• Texas prosecutors have used the Standardized Field Sobriety Tests (SFSTs) to prove driver impairment rather than estimate BAC. The 1977 and 1981 SFST validation studies may be enough to help a DWI defense attorney win their next DWI trial. , Author, "Using SFST Validation Studies in Your Next DWI Trial", Voice For The Defense, 2015
• Lawyers ranked fourth when the proportion of suicides in the profession was compared to suicides in all other occupations.These struggles are reality for many of our colleagues. There is help, thankfully. But the path toward healing begins with a frank discussion of this life-threatening problem. , Author, "A Dark Side of Practicing Law", Voice For The Defense, 2015
• Developing a Batson claim during jury selection is hard and detailed work, especially after a long and tiring day of jury selection. To effectively identify Batson violations, the College Station defense attorney needs a thorough system for recording all aspects of the jury se­lec­tion process., Author, "Another Nuts-and-Bolts Primer on Batson Challenges", Voice For The Defense, 2015
• The Department of Public Safety has been using sleight-of-hand to prove up blood test results in ALR failure cases. Their conjuring attempts to correct an evidentiary deficiency in their blood test proof. Specifically, the Department tries to argue these blood test failures resulted from the suspect’s “express consent” to provide a blood sample, rather than “implied consent” under Chapter 724 of the Texas Transportation Code. The Bryan-College Station criminal defense attorney should be aware of this bogus argument. , Author, "Transportation Code Section 724.017 Compliance in ALR Blood Test Failure Cases", Voice For The Defense, 2016
• Our own jury trial experience teaches us that a juror’s self-report of biasing experiences and attitudes can be unreliable. Consequently, criminal lawyers must build relationships with the potential jurors to encourage them to tell us how they truly feel. , Author, "Getting Jurors to Tell Us the Truth", Voice For The Defense, 2015
• Warrantless searches by the police are limited in scope. There are only a few exceptions to the warrant requirement allowing police to enter a constitutionally protected space and search without a warrant. Anyone challenging such a search should be familiar with these exceptions in order to mount any legal attack. , Author, "Challenging a Warrantless Search by Police in a Constitutionally Protected Space", Voice For The Defense, 2017
• Criminal defense lawyers should be hiring independent polygraph operators to evaluate their clients to preserve the attorney/client privilege. , Author, "Who Should Polygraph Our Clients?", Voice For The Defense, 2014
• Providing clients the highest level of customer service is a top priority. Consequently, Bryan-College Station defense lawyers should charge premium fees for their legal services. , Author, "Defense at a Premium", Voice For The Defense, 2014
• Whether it’s a sample provided voluntarily after arrest, or obtained via search warrant following a refusal, defending blood tests are now commonplace for the DWI defense attorney. The most vulnerable component of the DWI blood test case is the blood draw., Author, "Quick-and-Dirty Phlebotomy Basics", Voice For The Defense, 2014
• Most criminal lawyers need an internet website presence that effectively captures attention, reflects their personal style, and begins to build credibility with a potential client., Author, "Marketing Your Credibility Online", Voice For The Defense, 2015
• Unless you’ve been under a rock recently and missed the action, the upshot of Heien v. North Carolina, 135 S.Ct. 530(2014) is police officers can now rely upon a reasonable mistake of law to justify a traffic stop. The best College Station defense attorneys should understand this important case. , Author, "Ignorance of the Law is Now an Excuse", Voice For The Defense, 2015
• Most criminal defense attorneys practice solo, enjoying the “lone-wolf” style of life. But choosing a law partner can be a pivotal decision in one’s career., Author, "On Choosing the Right Law Partner", Voice For The Defense, 2015
• At the heart of the perfect cross-examination is our will to win. Not a hunger for self-aggrandizement. Nor the desire to embarrass a witness. The most successful defense attorneys become masters at cross-examination. , Author, "The Perfect Cross-Examination", Voice For The Defense, 2015
• Thousands of students face campus discipline courts each year at both public and private universities. A criminal defense lawyer must be prepared to assist clients when facing these campus courts. , Author, "University Discipline: The Illusion of Due Process", Voice For The Defense, 2013
• Even seasoned Bryan-College Station trial lawyers experience fear. Fortunately, fear is a thinly disguised strength and can be harnessed to improve trial preparation and effectiveness., Author, "Forging Fear Into a Constructive Edge", Voice For The Defense, 2015
• Criminal defense attorneys can get creative by challenging any scientific evidence in court using Kelly v. State. , Author, "Use Kelly v. State to Challenge Any Scientific Evidence", Voice For The Defense, 2016
• Patriotism is good for the soul. Criminal defense attorneys routinely protect the Great American Experiment in democratic self-governance. Each should regularly take stock in the sacrifice made to protect and defend this great experiment. , Author, "Safeguarding the Great American Experiment", Voice For The Defense, 2016
• Bryan-College Station defense lawyers need to plan for retirement like everyone else. Here is an introduction to saving and investing for life after the practice of law., Author, "Planning for Life After the Practice of Law", Voice For The Defense, 2016
• Criminal lawyers practice an art form only few can appreciate. After they've given their best the results are often unsatisfying. Their sacrifice, though, is vital., Author, "Do I Really Think I'm Helping Anybody?", Voice For The Defense, 2016
• Last month we introduced the toxicological aspects of cross-examining the retrograde extrapolation expert in DWI trials. Now, an understanding of toxicology will promote our error preservation before the State’s expert attempts to bamboozle the jury with opinions about the client’s driving time BAC., Author, "Preserving Error in Retrograde Extrapolation Cases", Voice For The Defense, 2017
• Creative thought was the foundation for most successful courtroom verdicts. Each Bryan criminal defense lawyer should have a system for generating and recording ideas, from which they choose the most powerful and persuasive. Here is a system worth considering. , Author, "How to Find the One Best Case for Your Client", Voice For The Defense, 2016
• Your personal brand is something to shape, cultivate, and consider as a business asset. It represents the value you are consistently able to deliver to those you serve. So is the life of the criminal defense attorney., Author, "How to Cultivate Your Personal Brand", Voice For The Defense, 2016
• For most people not personally affected by Hurricane Harvey, the storm is probably now just a distant memory . . . but not for everyone. Those hit hard by the wind and the water are only beginning to recover. And individual accounts of courage and determination are legion. This is the story of an attorney friend who faced the fury of the hurricane by herself., Author, "Staring Down the Wrath of Hurricane Harvey", Voice For The Defense, 2017
• An effective law partnership can be both professionally and personally rewarding. So, if you wish to renounce the lone-wolf lifestyle and team up with another lawyer, consider the multifarious values at stake., Author, Dynamic Duo, Texas Bar Journal, 2016

Videos:

• This video explains how to beat a gun possession charge. Beating a gun charge might involve challenging the traffic stop, vehicle search, the suspect's consent, or the suspect's knowledge., How to Beat a Gun Possession Charge, 2019
• This video considers how to beat a theft case by challenging identity, intent, consent, and search and seizure issues., Criminal Attorney Explains How to Beat a Theft Charge, 2019
• , Should You Work as a Police Confidential Informant?, , Law, 2019
• This video considers how to beat drug charges and beating a drug possession charge in court., 4 Ways to Beat Drug Possession Charges in Court, 2019
• This video explains how to use jury selection questions to identify biased jurors during the jury selection process when defending criminal charges., How to Use Jury Selection Questions to Defend Criminal Charges, , Law, 2019
• , Use Stories to Create a Great Opening Statement in Court, , Law, 2019
• , How to Withdraw a Guilty Plea After Sentencing, Law, 2019
• This video explains the secret ingredient for preparing a great cross examination. It avoids cross examination techniques, rather the video explains how deep creative thought is the key to developing a great cross examination in court., What is the Secret Ingredient for a Great Cross Examination?, , Law, 2019
• This video explains grand jury testimony and the pros & cons of defendant testimony before the grand jury in their own defense. The video further considers the grand jury process and a grand jury hearing., Grand Jury Testimony - Should the Defendant Testify?, , Law, 2019
• , Pros & Cons of a Pretrial Diversion Program in Criminal Cases, , Law, 2019
• , What is a Writ of Habeas Corpus? Criminal Defense Lawyer Explains., , Law, 2019
• , How to Use Daubert v. Merrell Dow Pharmaceuticals to Defend Forensics, , Law, 2019
• Forensic Evidence - Intersection of Science and Law, , Law, 2019
• , How to Use Pretrial Motions for Discovery to Defend Criminal Charges, Legal, 2019
• , Actual Authority vs Apparent Authority to Consent to Police Searches, , Law, 2019
• What is Consent to Search in Criminal Law?, , Law, 2019
• 5th Amendment Pretrial Motions to Suppress Evidence of Criminal Confessions, Law, 2019
• , Introduction to Pretrial Motions in Criminal Defense Cases, 2019
• , 4th Amendment Pretrial Motions to Suppress Evidence in Criminal Cases, 2019
• , Should Criminal Defendants Ever Take a Police Polygraph Exam?, 2019
• , Can a Polygraph Examination Help Defend Your Criminal Charges?, 2019
• , Police and Social Media - Should You Delete Your Social Media Accounts?, 2018
• , Using a Polygraph Examination in Criminal Defense, 2019
• , Right to Speedy Trial - Should You Request a Speedy Trial?, 2019
• , Right to Speedy Trial - Common Reasons for Criminal Trial Delay, 2019
• , Has Your 6th Amendment Right to Speedy Trial Been Violated?, 2019
• , How Prosecutors Use Social Media Against You - Police and Social Media, 2018
• , How to Use a Batterer Intervention Program to Defend Domestic Violence Cases, 2018
• , Domestic Violence Defense - Reconciliation is Key!, 2018
• , How to Drop Charges Against Someone for Domestic Violence, 2018
• , Student Rights in College are Really No Rights at All!, 2018
• , How to Get Domestic Violence Charges Dismissed, 2018
• How To Choose a Criminal Defense Attorney, 2018
• DUI Defense Tactics - How the Cops Investigate a DUI, 2018
• DUI Defense Tactics - Use the Sobriety Tests to Defend Your DUI, 2018
• What Are My Rights With Police? (When I Get Pulled Over), 2018
• Plea Bargaining Pros and Cons - 3 Arguments Against Plea Bargaining, 2018
• Dangers Students Face in a University Disciplinary Hearing, 2018
• What Are My Rights With Police After Getting Arrested?, 2018
• Are DUI Lawyers Different From the Typical Criminal Defense Attorney?, 2018
• How to Use the Vehicle In Motion to Defend Your DUI in Court, 2018
• DUI Defense Strategies - How Criminal Lawyers Defend DUI Breath Test Charges, 2018
• What Are My Rights With the Police? (With Cops at My Door), 2018
• 3 Reasons to Defend Yourself in Court and Plead Not Guilty, 2018
• Your University Student Code of Conduct Can Land You in Jail, 2018
• Bryan|College Station defense attorney, Stephen Gustitis, has practiced criminal law exclusively since 1990 - first as assistant district attorney with Brazos County and then in private practice in Bryan|College Station. Steve is Board Certified in criminal law and committed to the aggressive and ethical defense of citizens accused of crime. His Firm is dedicated to a continuing tradition of excellence in criminal trial practice, Protecting Your Future is His Top Priority (Video)
• If You Get Stopped, Are You Getting Arrested for DUI?, 2018
• How to Use the Personal Contact Phase to Defend Your DUI in Court, 2018
• DUI Defense Tactics - How Criminal Lawyers Defend DUI Blood Test Charges, 2018
• Plea Bargaining Pros and Cons - 3 Arguments For Plea Bargaining, 2018
• What Are My Rights With Police? (When Stopped for Police Questioning), 2018

Educational Background:

• B.A. Susquehanna University, Selinsgrove, PA (Geology), 1981