Legal Question in Criminal Law in Texas

resisting arrest: guilty vs. non-guilty

A while ago, a few of my friends got in a fight with another group of kids. When I saw the fight I proceeded to break it up, pulling my friends and the other kids off the pile. That's when the police show up, so naturally it would appear that I was fighting also. They charged me with resisting arrest and proceeded to crack my chin open on the car. Out of the many kids fighting, I was the only one charged. I had to visit the hospital to recieve stiches from the injuries inflicted from the police. I pled not-guilty for my crimes, but now I am wondering if I have a case against the state, or if I should reverse my plea. I don't qualify for a court appointed layer, and I was curious if I could represent myself in this matter. Any response to this question would be appreciated.


Asked on 9/30/02, 6:29 pm

1 Answer from Attorneys
Dennis W. Montoya The Law Offices of Dennis W. Montoya

Re: resisting arrest: guilty vs. non-guilty

You always have the right to represent yourself. No one can take that right away from you. The reason people hire lawyers is that lawyers are more knowledgeable in the law and in courtroom procedure, that's all.

As far as whether you can sue the police - the police are legally entitled to use as much force as a situation reasonably requires - and NO MORE. If cracking your chin against the police car was not a reasonable response to what you were doing, then you have a claim for excessive use of police force. However, what is "reasonable" is based on the way it looked to the police at the time, not on the way it really was after all the facts are investigated. Most police excessive force cases are cases that a jury needs to decide.

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Answered on 9/30/02, 6:59 pm


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