Asked 8/8/2016 – Menard, TX

I am facing a Class B Misdemeanor possession of marijuana charge. Initially it was that and a Class A resisting arrest, but the prosecutor dropped the later (presumably due to lack of evidence).

A few weeks ago on a road trip, I moved onto to the shoulder to let an officer pass. He pulled me over on suspicion of drunk driving. As he got out of his car, I began looking for my license in the front seat, which he later said was probable cause to search the vehicle. He never attempted to perform a sobriety test–the first thing he did was tell me to get out of the car, at gunpoint. He demanded to search the vehicle and when I refused he pepper-sprayed me. He then searched the truck and found half a joint in my backpack. I was taken to jail and bailed out later that day. Everything was caught on film.

My trial is August 18th. I have no money for a lawyer, how do I defend myself against this? Did he violate my 4th amendment rights? If the officer pepper sprayed me, but the prosecutor decided I wasn’t resisting, is that excessive use of force?

Answer

I understand your anxiety over this whole situation, but please note there is no “Criminal Defense for Dummies” handbook for you read in order for you to represent yourself. You have the right to be represented by an attorney and if you cannot afford an attorney, one will be appointed to represent you. You will need an attorney to review the evidence against you to determine whether your 4th amendment rights were violated, or if excessive force was used during your arrest. Contact the court where your case is pending and make application for a court appointed attorney.