Motion 1: I Have Not Waived My Right to a Lawyer

This is the first of eleven motions I filed in my Harrison County criminal case on June 1, 2026, appearing pro se — representing myself for now. I'm publishing each one in plain English: the motion, the law behind it, my sworn declaration, the exhibits, and the proposed order. The record should be public, and you should be able to see exactly what I asked the court to do.

This first one is foundational. I have not given up my right to a lawyer.

Plainly: this is a Sixth Amendment right-to-counsel motion in a Harrison County, Texas criminal case — a pro se defendant putting on the record that he has not waived counsel and is asking the court for appointed, indigent-defense counsel before any critical hearing.

The actual motion, as filed — page one: the caption, the title, and the legal authorities, in black and white. Some things hit harder when you can see the real document.

What I'm asking the court to do

• Accept my Notice of Pro Se Status and No Waiver of Counsel.
• Give me the indigency paperwork immediately and conduct an indigency determination.
• Appoint counsel for me if I qualify.
• Confirm on the record that my pro se filings do not waive my right to counsel.
• Refrain from holding any bond-revocation hearing, evidentiary hearing, plea, trial setting, or other critical proceeding until counsel is appointed or the court conducts a valid waiver-of-counsel inquiry on the record.

Why it matters

I'm filing my own motions because urgent issues — my liberty, my bond conditions, evidence preservation, and discovery — cannot wait. But acting to protect myself must never be treated as "he chose to go without a lawyer." A defendant should not have to choose between staying silent and forfeiting his rights. I am doing both at once: protecting the record now, and asking for counsel.

The law behind it

• U.S. Const. amend. VI — the right to assistance of counsel in criminal prosecutions.
• U.S. Const. amend. XIV — due process applies the core criminal-procedure protections to the states.
• Tex. Const. art. I, § 10 — the rights of the accused, including being heard by himself or by counsel.
• Gideon v. Wainwright, 372 U.S. 335 (1963) — counsel is fundamental in criminal cases.
• Argersinger v. Hamlin, 407 U.S. 25 (1972) — no jail time in a misdemeanor case without counsel or a valid waiver.
• Alabama v. Shelton, 535 U.S. 654 (2002) — even a suspended jail sentence requires counsel or a valid waiver.
• Rothgery v. Gillespie County, 554 U.S. 191 (2008) — the right to counsel attaches after the initial appearance and restriction of liberty.
• Faretta v. California, 422 U.S. 806 (1975) — any waiver of counsel must be knowing, intelligent, and voluntary.

The facts, and how I've classified them

I label every statement so the court and the reader know exactly what kind of claim it is:

• RYAN STATEMENT: I am currently without an attorney.
• RYAN STATEMENT: I have not waived counsel.
• RYAN STATEMENT: I do not have the funds to retain private counsel at this time.
• FACT: I am actively preparing motions because time-sensitive issues exist — bodycam, CAD, dispatch, bond conditions, speech restrictions, medical status, and preservation of public statements and digital evidence.
• NEEDS AUTHENTICATION: The clerk's docket should confirm the exact cause number, assigned court, current counsel status, charge, bond conditions, and service list.

My declaration

Unsworn Declaration of Ryan Nichols, made under penalty of perjury pursuant to Texas Civil Practice and Remedies Code § 132.001:

My name is Ryan Nichols. My date of birth is December 6, 1990. I am the Defendant in this matter. The following is true and correct to the best of my personal knowledge except where I identify a statement as belief, record status, or matter needing authentication.

• I am currently appearing pro se.
• I have not knowingly, intelligently, and voluntarily waived counsel.
• I do not have the financial ability to retain private counsel at this time.
• I am filing motions to preserve my rights and liberty while requesting counsel.

Executed on June 1, 2026, in Harrison County, Texas. /s/ Ryan Nichols

Exhibits

This motion is procedural. It stands on the court's own docket and my declaration above, so it carries no separate evidence exhibits. (The full evidence set is catalogued in my Master Exhibit Index and is referenced in the later motions that rely on it.)

The proposed order

This is the order I asked the court to sign:

• The Defendant's pro se filings shall not be treated as a waiver of counsel.
• The Defendant shall be provided indigency paperwork immediately.
• The Court shall conduct an indigency determination.
• If the Defendant qualifies, counsel shall be appointed.
• No critical criminal proceeding shall occur until counsel is appointed or a valid waiver-of-counsel inquiry occurs on the record.

The proposed order I submitted for the court to sign.

The bottom line

I want a lawyer. Let's determine indigency the right way, on the record. Until then, nothing that can cost me my freedom should move forward. That is the whole motion.