Unlawful Arrest Defense Tips

Summary

In Texas, resisting arrest is a crime, but self-defense is allowed under certain conditions. Gather all evidence, including videos and photos, and present them in court. Understand your rights under Texas Penal Codes and the Fourth Amendment. If self-representing, consider seeking free legal aid or online resources like TexasLawHelp.Org. Report any police misconduct to internal affairs or human rights organizations.

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I was arrested for resist arrest search or transport
Hello **** Clark,
Can you please let me know the state where this incident occurred? The laws regarding "resisting arrest, search, or transport" vary from state to state.
I didn't resist he assaulted me. Tx
In Texas, "resisting arrest, search, or transport" is a crime, but using force is not allowed unless it's in self-defense.
- Texas Penal Code *.* defines this crime.
- Texas Penal Code *.* defines self-defense.
Contact a local attorney for advice.
I have two videos and pics of injuries
Thank you for sharing, ****. Have you considered sharing this evidence with your attorney or the police? They can help validate your self-defense claim.
It was small cause he called me a liar and I told him not to call me a liar. He is on video quoting Pennsylvania vs mimms and staying that it gives him the right to rip ppl from the vehicle for getting ARGUMENTATIVE
Pennsylvania v. Mimms only allows officers to order drivers out of vehicles during a lawful traffic stop for officer's safety, not for argumentative behavior. It's crucial to share your videos with your lawyer to ensure your rights are protected.
The constitution says it don't
Explanation: The Constitution does protect you against unreasonable search and seizure under the Fourth Amendment. Discussing this with a legal professional can help interpret your rights in your specific situation.
Can u help us plz he has court Monday
Sure, ****. Here are some points to remember for your court hearing in Texas:
- Present all evidence you have, including videos and photos.
- Discuss the details of your case with your lawyer beforehand.
- Understand your rights under Texas Penal Codes and the Fourth Amendment.
- Always remain calm and respectful in court.
It was sfor not signaling a * ft before the st. He follows us twice and all the way to the other side of denison so he was looking for a reason
In Texas, it's required by law to signal at least * feet before turning. If you believe you were unfairly followed or targeted by the officer, it's crucial to discuss this with your attorney. Was your turn signal functioning properly at the time?
We going pro SE have no choice. My wife will quote graham vs Connor
That's a significant decision. Graham v. Connor is about the use of force in making an arrest. Just to clarify, are you planning to represent yourselves in court without an attorney in Texas?
We have no choice they scared of Grayson county
I understand your situation, ****. Self-representation can be challenging. Have you looked into getting free legal aid in Texas to help you navigate through your case?
This is his wife Julie now
Hello Julie, it's important that you fully understand the charges and the potential defenses. Legal aid organizations in Texas such as Texas Legal Services Center might be able to help. Have you contacted any such organizations?
Yes waiting and still waiting they also attacked me to try to destroy the video evidence on the phone when they seen I was still recording I also have photos of injuries h my husband sustained
I'm sorry to hear about your situation, Julie. You should immediately backup your evidence to a secure location. Have you reported the attack and the destruction of evidence to the police or a legal authority?
I have it . I also have it showing the one officer holding his hand over his body cam
That's concerning, Julie. It's important to preserve this evidence. If you haven't already, consider submitting this evidence to the court, your attorney, or a legal authority. Have you done so?
I'm not playing Denison bus already under fire just got slapped with a million dollar lawsuit
That sounds serious, Julie. Are you referring to a lawsuit against the Denison bus company or the police department? It's important to clarify this to understand your situation better.
Police department and city of denison they let their K9 attack this unarmed guy * times while his * yr old son watched
That's a serious accusation, Julie. Have you reported this incident to the police internal affairs department or a local human rights organization in Texas?
It's on Facebook he has a lawyer out of dallas
I see. Have you considered reaching out to this lawyer for advice or assistance in your case, given they're dealing with a similar issue in your area?
I tried no response. I'll have to do the best I can. But it's kinda hard to go pro SE when you can't even get into your case on e-file cause it's confidential
I understand your frustration, Julie. If you're having trouble accessing your case, you could try reaching out to the Clerk of the Court in your area for assistance. Have you tried this?
They ran to the AG and won't release crap
That sounds difficult, Julie. Have you considered submitting a Freedom of Information Act (FOIA) request to get access to the records you need? This might help you in your case.
This happened Oct 1st they didn't file charges till Nov *-*
In some jurisdictions, there might be legal limits on how long the state has to file charges for certain offenses. Have you consulted a legal professional in Texas regarding this delay in filing the charges?
Did that and also sent to their lawyer they even gave us the number. Sarcasm how nice of them huh
That doesn't sound pleasant, Julie. Given the complexities, it might be beneficial to persist with seeking legal aid. Have you tried reaching out to other legal aid organizations in Texas?
I tried all of them
I understand your frustration, Julie. There are online resources like TexasLawHelp.org that provide legal information. It may help you understand your situation better. Have you tried exploring this resource?
My husband has a disability and it's bipolar * with pyscotic features and we was irritated with one another made it a point to tell the officer he was coming out of a episode to de-escalate it before it got started then he has the balls to try to lie about it when other officers arrive and just didn't expect me to call him on it. Well I did. He shows his ass on that video and then to deny my husband medical treatment cause he damn near broke his arm grabbing him when he was looking at me. Kicker is he was still seat belted in so he grabbed the steering wheel fearing for his life what this officer was going to do to him
I'm sorry to hear about your husband's experience, Julie. It's crucial to report any misconduct and denial of medical treatment to the police internal affairs department or a local human rights organization. Have you done so?
I ce outside the car
I'm sorry, Julie. Could you please clarify your last statement? Do you mean your husband was left outside the car? Or were you trying to say something else?
When he got him out he tried to slam him into the truck he caught himself cause he wasn't handcuffed yet and then another officer ran up they grabbed the cuffs and pulled his arms up in the back almost even with his shoulders. They get him to the cop car I can't see what they are doing cause they had the bright lights right at us he had a knot on his head he says they slammed his head into the cop car while handcuffed
That's a serious allegation, Julie. Has your husband received medical attention for his injuries? And have these incidents been reported to the relevant authorities?
Then pushed him into the cop car and one went to the other side pulling him and busted his head some more
That's a serious issue, Julie. It's essential that these incidents are reported and documented medically. Did you manage to capture this on video or take pictures after the incident?
No he refused to take him to the hospital and your a man I hope them you know how that goes . But his elbow was swollen * times the size of his other
Yes I have two separate videos but I need the body cam from the very beginning when the officer come to the passenger side which is where I was because that's where he stated that it was all good he was just going to give us a warning and he stated that two three times and we'd be on our way then he all of a sudden has my husband about the address on the license and we were just there temporarily and staying with my cousin and he how long you been there and my husband's like I don't know and you know he was still not right at the time and a couple months or so he said he's all you lying It was 2 years My husband then that's when he got a little irritated he said don't call me a liar and that's when oh instead of Mr Billy badass going to do his job and write the damn warning He has to walk his angry little attitude ass around there All mad and her being fling the door open on the driver side well hell no he was scared He wasn't going to get out the truck I was like no he ain't going to have to get out the truck and that's all they kept quoting is Pennsylvania versus men's Pennsylvania versus Mims So I finally I went and I looked up I said nah I said that does not apply I said no that applies to if the officers concerned with their safety and want to get an exit the vehicle to search for weapons and blah blah blah I know I've read it I've been studying this shift two years cuz I'm sick of this crap
That sounds like a distressing experience, Julie. You may be able to request the body cam footage through a Freedom of Information Act (FOIA) request. Have you attempted this yet?
Oh believe me we have but they already got the attorney general's opinion that they can withhold it and so I want to know what's up with this James Elmore That's the only name we have from all the officers I'm seeing there was about five of them because they won't give us any information to file any other complaints their ego and their damn spotless track record everybody thinks they have is more important than people's safety and well-being and that's just wrong
I understand your frustration, Julie. If you're having trouble obtaining the names of the officers involved, you might consider contacting a local news outlet or a civil rights organization for help. Have you tried this approach?
Yeah we tried we got you know somebody trying to help us and they're saying just wait you know kind of hang back and it's just arraignment. No I don't trust them no further and I can throw them I want this dismissed at arraignment on Monday because that is not right at all They have only what the so-called officer said and I don't know somebody named DonTron d o n t r a n whoever the heck that is I don't think that was any of them on on scene but he filled out this information and the complaint and
I understand the urgency, Julie. Have you been able to prepare a defense for the arraignment based on the evidence you have? It's crucial to present your arguments and evidence in a well-structured manner.