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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default Arrested Wrongfully

    My question involves criminal law for the state of: Texas

    about a week ago i was arrested wrongfully and so was my boyfriend.
    i am scared because my boy friend is currently on parole but he only has 3 months left.

    i was arrested for protecting myself with pepper spray.. i didnt even use it on anyone it was only in my hand..
    and my bf was arrested for "avaiding arrest" when he was only chasing the
    kids who were about to kick our apt door in for the second time. we were only trying to get a description of the kid so that we could file a police report. because the first time they refused to file a police report for lack of evidence.
    when the cops came around the corner my bf was already running
    but they took off running after him and slammed him on the ground
    when he looked behind him he realized cops were behind him so he stopped
    but my question is how can i get all this dropped.
    ive been researching the texas penal code book for information
    and different law books.
    i feel as if my rights have been violated they took an issue and
    blew it up into something that consists of lies
    my bf was not running from the police..
    and i wasnt doing anything wrong by having pepper spray..
    what do i do?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Arrested Wrongfully

    An arrest is the quintessential "seizure of the person" under Fourth Amendment.

    It requires "probable cause" a crime has been commited and the person arrested has committed it.

    If you believe you were arrested outside the scope of the 4th Amendment, plead not guilty and have your attorney analyze the facts.

    If you can not afford an attorney and are indigent, one will be appointed for you by the govt.

    i was arrested for protecting myself with pepper spray.. i didnt even use it on anyone it was only in my hand..
    You say you did not use it, yet were arrested for using it? Is it illegal to possess it?

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