Asked 6/13/2016 ago – Godley, TX

A few days ago I was pulled over by a Texas state trooper for speeding (62 in a 60). I had two traffic warrants out for a ticket I could not afford to pay at the time. My fault I know and knew I had the chance to go to jail. Was open and honest with the officer about it all. He asked if anything illegal was in car and said no there was not. He proceeded to search vehicle and found a small canister of pepper spray (less than 2 oz) in the center council. Next thing I know he pulls a gun on me and tells me I’m being arrested for 3rd degree felony prohibited weapons charge because the pepper spray was law officer grade. I bought it over the counter at a gun store in North Texas. Every statute I have looked up said as long as it is a “small personal use” canister that can be bought commercially, then it’s legal. The deputies at the jail said they have never heard of it being illegal. I have called several police department since being bonded out and they all said as long as it is a small canister I can legally carrying it. I had a $10,000 bond for this charge. How is this a legal arrest if everyone and everything seems to say as long as it is a “small” canister then it’s legal?

Answer

Your situation is why courts, judges and juries exist. You have been charges with an offense, but that does not mean you’re a guilty of that offense. You have the right to a jury trial, the right to cross examine any witnesses against you, the right to present witnesses and evidence on your behalf, and the right to force the State to prove the allegations against you beyond a reasonable doubt. Get a lawyer, plead not guilty and have a trial. Don’t think this is some Judge Judy situation where you can just walk in, tell your version of the events and expect your case to be dismissed. Good Luck.