I am being charged in Texas with Interference of a Public Official. There is a section in the penal code that states that it is a defense to prosecution if the offense was verbal in nature only, which I am contending that it was. My entire defense will be based on freedom of speech and it seems to me that the very code they used to charge me with supports my position as well. Still I was charged and still I must make a first appearance before the court. I have not hired a lawyer yet and I promise that if I am unable to resolve this matter myself, then I will hire a lawyer.
My question is this: how do I turn my first appearance into an opportunity to dismiss these charges? I intend to speak with the prosecutor and share with them my view about this section in the penal code. I'm not sure if that will work, but if it does not, will I get a chance to mention this to the judge? If not that, can I make a motion for dismissal based on this verbal only clause at the first appearance? I understand that sometimes first appearances don't always allow for pleas to be entered. If my case is one that get's rescheduled quickly and I don't get a chance to plea this month, can I make a motion for dismissal at the time I enter a plea, next month?
The bottom line is that I want someone to take a look at this subclause part of the penal code that states that if my actions were verbal in nature only, then that is a defense to prosecution. To me that means that they cant prosecute. But like I said they filed charges anyway, so at what point can I ask the prosecutor or judge to respond to my penal code inquiry? Once someone in the court tells me that they don't care what that section has to say, then at that point I will have to hire a lawyer. I just don't want to have to do that unless I'm headed for a court room, which I certainly don't mind.