What to Do If You're Arrested in Texas

Facing an arrest in Texas can be a stressful and confusing experience. At Texas Defenders, with offices in Dallas, Texas, and San Antonio, Texas, we understand how overwhelming this situation may feel. 

Our experienced criminal defense attorneys strive to offer guidance and support throughout the process. Here’s what you need to know to protect your rights and traverse the legal system after an arrest in Texas.

Stay Calm and Know Your Rights

The first step is to remain calm. Reacting aggressively or emotionally can escalate the situation and may even lead to additional charges. Law enforcement officers are trained to handle tense encounters, and staying composed can prevent misunderstandings.

You have rights provided by the United States Constitution. These rights include:

• The right to remain silent: You aren’t required to answer any questions that might incriminate you. Exercising this right immediately can help avoid misunderstandings or unintended admissions.

• The right to an attorney: You can request legal representation before answering any questions or participating in any legal procedures. Having an attorney present means your interests are safeguarded throughout the process.

• Protection against unreasonable searches and seizures: Officers must have a warrant or valid legal justification to search your property. If they lack this, any evidence they collect may be inadmissible in court.

• The right to due process: You’re entitled to a fair legal process, including being informed of the charges and evidence against you. This means you have the opportunity to defend yourself effectively.

• Protection against self-incrimination: You can’t be forced to testify or provide evidence against yourself. This right applies during questioning, depositions, and trial proceedings.

Politely inform the officer that you wish to exercise these rights. Knowing this can help you avoid inadvertently saying something that might be used against you later. Transitioning to the next steps, understanding your rights is key to protecting yourself.

Cooperate Without Incriminating Yourself

While you have the right to remain silent, you should still cooperate with law enforcement in terms of basic requests like providing your name or showing identification. Failing to comply with these reasonable requests could result in additional charges.

Don’t resist arrest, even if you believe it’s unjustified. Resisting can complicate your case and may lead to additional criminal charges. Your focus should remain on protecting your legal rights, which you can do most effectively by staying calm and compliant.

As we move forward, it's important to think about what happens after you're taken into custody.

A Look at the Booking Process

Once you’re arrested, you’ll be taken to a local jail for booking. This process includes recording your personal information, taking fingerprints, and photographing you. While the experience can feel invasive, it’s a standard procedure for all arrests.

During this stage, you’ll also be informed of the charges against you. It's crucial to pay attention to what’s said during booking, as it will clarify the specific allegations you’re facing. You may also be allowed to make a phone call. Use this opportunity to contact someone who can help secure legal representation.

Now that you understand the booking process, let’s focus on your first court appearance.

Attend Your Arraignment

The arraignment is your first opportunity to hear the charges formally presented against you. At this time, you’ll also be asked to enter a plea. Most defendants plead “not guilty” at this stage to allow their attorney time to review the evidence and build a defense.

Bail may also be addressed during the arraignment. Depending on the charges and your criminal history, the court may set a bail amount to secure your release while awaiting trial. A criminal defense attorney can advocate for reasonable bail terms on your behalf.

Understanding the arraignment is a vital step as we explore how legal representation plays a role in the process.

Hire a Criminal Defense Attorney

Hiring an experienced criminal defense attorney is one of the most important steps you can take after an arrest. An attorney can review the charges, assess the evidence, and advise you on your legal options.

An attorney can also handle interactions with prosecutors and law enforcement, protecting your rights throughout the process. At Texas Defenders, we aim to offer representation that focuses on your specific needs, whether you’re dealing with misdemeanor charges or more serious allegations.

With representation secured, let’s look at how you can actively contribute to your defense.

Follow Your Attorney’s Advice

A successful defense often depends on your ability to work closely with your attorney. Be honest about the details of your case, as withholding information can hinder their ability to defend you.

Follow any instructions or advice your attorney gives regarding your behavior, court appearances, and any steps you should take, such as enrolling in educational programs or community service if recommended. Staying proactive demonstrates your commitment to resolving the matter responsibly.

As you focus on your defense, it’s important to prepare for the trial process.

Prepare for Trial

If your case proceeds to trial, your attorney will help you prepare. This includes reviewing evidence, discussing possible outcomes, and planning courtroom strategies. Trials can take time, so patience and cooperation with your legal representation are essential.

Remember, not all cases go to trial. Many are resolved through negotiations or plea agreements. Trust your representation to guide you toward a solid resolution based on the facts of your case.

To wrap up, let’s address some frequently asked questions about arrests in Texas.

FAQs About Arrests in Texas

Many questions arise when dealing with an arrest, and understanding the answers can help you feel more prepared for what lies ahead. Below are some common inquiries about arrests in Texas:

• Can I refuse a police officer’s request to search my property?
  Yes, you can refuse unless the officer has a warrant or other legal justification. Always ask to see the warrant if presented, and make a note of any details for your attorney.

• What should I do if I can’t afford an attorney?
  You have the right to request a court-appointed attorney if you meet certain financial criteria. Be honest about your financial situation to see that you qualify for this assistance.

• How long can I be held in jail without being charged?
  In Texas, authorities typically must file charges within 72 hours of your arrest, or you may be released. However, delays can occur in some cases, so contact an attorney as soon as possible.

• What’s the difference between a misdemeanor and a felony?
  Misdemeanors are less severe crimes, often resulting in smaller fines or shorter jail sentences, while felonies carry harsher penalties. The classification of your charges will significantly impact potential outcomes and penalties.

• Can I represent myself in court?
  While you can, it’s not advisable. Legal proceedings are difficult, and an attorney can provide essential guidance. Self-representation could put you at a disadvantage, especially against experienced prosecutors.

Our office serves clients in the San Antonio area, including Helotes, Leon Valley, Converse, Schertz, La Vernia, Lytle, and Castroville, as well as the Austin area, including Del Valle, Manor, Pflugerville, Lago Vista, Lakeway, and Bee Cave. As we close out this article, recall that having skilled representation can make a difference.

Contact Our Attorneys Today

Whether you’re facing charges in the Dallas–Fort Worth area, including Irving, Arlington, Grapevine, Plano, Garland, Frisco, Denton, McKinney, Greenville, Waxahachie, Mansfield, Burleson, Granbury, and Weatherford, we want to help. Reach out to us at Texas Defenders to discuss how we can assist you during this challenging time.