Texas Criminal Defense FAQ
What Happens After an Arrest in Texas? (Complete Guide from Arrest to Case Resolution)
If you were arrested anywhere in Texas, this guide explains what happens next — from the moment of arrest to dismissal, plea bargain, trial, probation, or record sealing.
If you need immediate help, call Texas Defenders at 214-306-9696.
We represent clients statewide, with offices in Dallas and San Antonio.
PART 1: FROM ARREST TO CASE COMPLETION (CHRONOLOGICAL ORDER)
1. What Happens After an Arrest in Texas?
After an arrest in Texas, you will:
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Be taken to jail
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Be booked and fingerprinted
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Appear before a magistrate
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Have bond set
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Be released or remain in custody until bond is posted
Texas law generally requires magistration within 48 hours of arrest.
This is when bond conditions are imposed.
2. Do Police Have to Read Me My Rights?
Not immediately.
Under Miranda v. Arizona, police must advise you of your rights before custodial interrogation — not before arrest.
If you are not being interrogated, failure to read Miranda does not automatically dismiss your case.
The safest response:
“I am invoking my right to remain silent and I want a lawyer.”
Then stop talking.
3. Should I Talk to Police After Being Arrested?
No.
Statements — even innocent explanations — can become damaging evidence.
Invoking your rights early can significantly impact the strength of the State's case.
4. What Is Bond in Texas?
Bond ensures your return to court.
Types include:
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Personal Recognizance (PR Bond)
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Surety bond
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Cash bond
Judges consider:
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Criminal history
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Nature of offense
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Community ties
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Public safety
An experienced attorney can often request bond reductions or modified conditions.
5. What Is Arraignment?
Arraignment is your first formal court appearance where:
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Charges are announced
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A plea is entered
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Case deadlines begin
You should not appear without legal counsel whenever possible.
6. What Is Discovery in a Texas Criminal Case?
Under the Michael Morton Act, prosecutors must provide:
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Police reports
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Bodycam and dashcam video
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Lab results
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Witness statements
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Expert reports
A strong defense begins with aggressive discovery review.
7. Can My Case Be Dismissed?
Yes.
Common dismissal grounds include:
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Illegal search and seizure
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Lack of probable cause
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Constitutional violations
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Faulty forensic testing
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Insufficient evidence
Many cases are far weaker than they appear at arrest.
8. What Is Pre-Trial Diversion (PTD)?
Pre-Trial Diversion allows eligible defendants to complete conditions in exchange for dismissal.
Common conditions include:
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Community service
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Classes
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Monitoring
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No new arrests
Upon successful completion, the case is dismissed and may qualify for record sealing.
9. What Is a Plea Bargain?
A plea bargain is a negotiated resolution that may reduce:
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Jail exposure
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Charges
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Fines
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Probation length
Every case should be negotiated from a position of strength.
10. Should I Take My Case to Trial?
Trial may be appropriate when:
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Evidence is weak
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Constitutional violations occurred
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The State refuses reasonable resolution
A prepared defense team changes negotiation leverage.
11. What Is Probation in Texas?
Probation (community supervision) allows you to avoid jail while complying with court conditions such as:
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Reporting requirements
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Drug testing
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Community service
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Classes
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Interlock device (in DWI cases)
Violations can result in revocation and incarceration.
12. Can I Clear My Record in Texas?
Expunction
Available when charges are dismissed under qualifying circumstances.
Nondisclosure
Seals records from public view but not law enforcement.
Certain first-time DWI cases resulting in probation may qualify after waiting periods.
PART 2: TEXAS DWI FAQ
What Happens After a DWI Arrest in Texas?
Two separate cases begin:
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Criminal prosecution
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Administrative License Revocation (ALR)
You have 15 days from arrest to request an ALR hearing or your license may be suspended automatically.
Can I Refuse a Breath or Blood Test?
Yes — but refusal can result in:
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Automatic license suspension
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Possible search warrant for blood
Texas operates under implied consent laws.
Is It Still DWI If My Vehicle Was on Autopilot?
Yes.
Texas law requires a licensed driver to remain in control of the vehicle — even if advanced driving features are engaged.
What Is an Ignition Interlock Device in Texas?
An ignition interlock device requires a breath sample before a vehicle will start.
Interlock devices may be ordered:
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As a bond condition
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As a probation requirement
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As a condition of license reinstatement
Interlock devices are common in Texas DWI cases and can significantly affect daily life. Early legal intervention can sometimes reduce or modify these requirements.
Can a DWI Be Sealed in Texas?
A first-time DWI that resulted in probation may qualify for nondisclosure if statutory conditions are satisfied.
Eligibility depends on:
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BAC level
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Prior history
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Completion of probation
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Waiting period requirements
PART 3: MARIJUANA & DRUG CHARGES IN TEXAS
Is Marijuana Legal in Texas?
No.
Marijuana possession remains illegal statewide.
While enforcement priorities may vary by county, arrests still occur across Texas.
Does the Smell of Marijuana Give Police Probable Cause?
Historically, courts have ruled odor can establish probable cause for vehicle searches.
However, hemp legalization has created evolving legal arguments in certain cases.
What About THC & Hemp Products?
Texas allows limited hemp products, but illegal THC concentrations can result in serious felony charges.
Drug law enforcement remains aggressive statewide.
PART 4: WEAPONS CHARGES IN TEXAS
Can You Carry a Weapon in a Bar in Texas?
Generally no.
Businesses deriving 51% or more of revenue from alcohol sales prohibit carry.
Violations can result in felony charges.
PART 5: THEFT & PROPERTY CRIMES
Is It Theft If I Had Permission?
If permission was valid, it may not constitute theft.
However, disputes over scope or withdrawal of consent often lead to criminal charges.
Intent is critical in theft cases.
PART 6: ASSAULT & FAMILY VIOLENCE
Will Charges Be Dropped If the Alleged Victim Doesn't Want to Press Charges?
Not automatically.
Criminal cases are prosecuted by the State of Texas, not the complaining witness.
Even if a complainant recants, prosecution may continue.
PART 7: PROBATION VIOLATIONS
What Happens If I Violate Probation in Texas?
The State may file:
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Motion to Revoke
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Motion to Adjudicate
Possible outcomes:
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Jail time
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Extended supervision
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Additional conditions
Immediate representation is critical.
PART 8: HIRING TEXAS DEFENDERS
Why Hire Texas Defenders?
Texas Defenders represents clients across the State of Texas in misdemeanor and felony criminal cases.
Dallas Office
3302 Swiss Circle
Dallas, TX 75204
📞 214-306-9696
San Antonio Office
101 Stumberg St, #112
San Antonio, TX 78204
📞 210-942-4441
We are available 24/7 because arrests do not happen on a schedule.
When Should I Hire a Criminal Defense Lawyer?
Immediately after arrest — or as soon as you believe you are under investigation.
Early intervention can:
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Protect your constitutional rights
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Preserve evidence
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Influence charging decisions
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Prevent damaging statements
Do You Offer Payment Plans?
Yes.
We work with clients to create manageable payment structures because everyone deserves aggressive defense.
CALL US NOW
If you were arrested anywhere in Texas — from Dallas to San Antonio and beyond — do not wait.
Deadlines move fast. Evidence disappears. Prosecutors begin building immediately.
Call 214-306-9696 now to speak with Texas Defenders and protect your future.
