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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27666
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I was pulled over in Nash tx they wanted to search the car

Customer Question

I was pulled over in Nash tx they wanted to search the car I requested a dog or a warrant they said they were gonna get a dog then instead pulled me out of the car when they did I told them there was a gun in the car it is registered to me and was under my passenger seat they wound up charging me with resisting arrest and unlawful carryin lg of a firearm I need to know if they can do that the never told me I was under arrest only that I was being detained
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 6 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. Exercising your constitutional right to be free from unreasonable searches and seizures is NOT the same as resisting arrest. On top of that, they never should've searched your car in the first place, since you told them not to. That means a lawyer may be able to help you get both charges dismissed. Unlawful carrying of a firearm is a Class A misdemeanor, which means you have a right to have a lawyer appointed by the judge if you cannot afford to hire one. When you go to the first court date, the judge will explain the charges against you, and you can ask for a lawyer at that time. You'll also be able to enter a plea of not guilty to give your lawyer time to file a motion to dismiss and a motion to suppress evidence. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Expert:  Lucy, Esq. replied 6 months ago.
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