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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118646
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have a pending charge from an officer whome has harassed

Customer Question

I have a pending charge from an officer whome has harassed me iwas taken in on a drug charge in which the drugs were found in my purse and my fall partener was on the ground begging me to take his charges the other officer said why was he taking me in and he said to be searched by a lady officer but gretting there he charged me too
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: texas,ellis co
JA: Have you consulted a lawyer yet?
Customer: yes and theres another charge where I was stopoped for going to long in the fast lane,so they r also trying to charge me w a pipe they found in a drug raid at my house I own I had mokved but they picked me up on their charges 3 months later and charged me for it ,so the officer in all stops is the cousiun of my brother in law who hates me so they r chaging me w 2 drug charges and enhancing mm with a dwi from 2005 which didn't exist iwas in prison from 2000 to 2006 but they said if the drug charges r dropped I still have the inhancment its a big investigation going og in ellis co and I don't understand
JA: What advice did they give you?
Customer: theysaid I have to have some kind of charge I even have a cop that was at the sence and he told me to supena him and my lawyer which is a judge himself told me oh well he was beginning to hate me
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: a lot more you would be devastated but they asked me twiceTO TALK TO the task force i don't understandI COUNT ANSWER ANY OF THIER QUESTIONS SO HE IS HARRASSING ME
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if you can raise this as a defense in your criminal trial?

Customer: replied 1 year ago.
if ud like to call than type that's fine too
Expert:  P. Simmons replied 1 year ago.

I sent the offer. If you accept I can provide my #.

Customer: replied 1 year ago.
i still haven't got an answer for five , i don't have money for this i have to save for an attorney
Expert:  P. Simmons replied 1 year ago.

sorry...the fee for this service is more than $5. Even if we type back and forth.

I, like others, do this to earn money to supplement my income. If you are not willing to pay the $36 the folks like me get nothing.

I will opt out and allow someone else to assist you...I wish you the best of luck!

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order for them to justify charges in this new case, they have to prove they had probable cause for the stop. This means they have to prove you were violating the law and that is why they stopped your vehicle. Once they prove that, then they have to prove they found the drugs legally. So they have to prove they had a legal reason to even look in your purse. If there was no weapon felt in your purse when they patted it down and you did not give them permission to search your purse, then the search can be challenged as unlawful and that would mean anything they found would have to be suppressed or thrown out.
Also, the relationship of the officer to your brother in law and your family, shows bias, which is a ground for destroying his credibility.
As far as the DUI charge, in order to use that for an enhancement, they have to prove the charge was valid and if you were in jail at the time, they could not validate that charge against you and as such that would cause the enhancement to be thrown out as well.
So based on what you have said, you have several grounds to challenge these charges through your attorney and you need to make sure you bring your new attorney all of the evidence supporting your contentions above, because if you present that in court it can prevent the prosecution from proving their case beyond a reasonable doubt, which they have to do in order to convict you of anything.