What Will Occur After My Arrest?

Getting arrested in Texas can be a stressful and confusing experience, especially if you don’t know what happens next. Whether you’re facing charges for a misdemeanor or a felony, knowing what to expect can help reduce anxiety and improve your preparedness.

In this article, we’ll explain the steps that follow an arrest, highlight your rights, and provide useful tips for navigating the process. We’ll cover everything from the initial arrest to booking, bail, court appearances, and even the possibility of expunging your record.

1. What Happens When You’re Arrested?

Taking You Into Custody

When law enforcement officers make an arrest, several steps occur almost simultaneously.

First, officers will handcuff you to ensure safety. They will then transport you to a police station or a county jail. During this process, you may be searched for any dangerous items or contraband. Your personal belongings, such as your wallet, phone, and jewelry, will be collected and secured until your release. This step ensures that no potential evidence or dangerous items are left with you during the arrest process.

The Miranda Warning

Before any questioning occurs, you must be read your Miranda rights. These rights include:

• • The right to remain silent.
  • The right to an attorney.
  • The understanding that anything you say can be used against you in court.

If law enforcement fails to provide these warnings, any statements you make might be excluded as evidence later. It’s critical to remember that until you have a lawyer present, it’s best to exercise your right to remain silent.

2. The Booking Process

Once in custody, you will undergo the booking process. This is a crucial step where your personal information is recorded, which includes:

• • Recording of your Personal Information: Officers record your name, address, and other identifying information. They also take fingerprints and a mugshot.
  • Search for Warrants: During this time, the police will also check for any outstanding warrants against you.
  • Placement in Holding Cells: Depending on the facility and the time of day, you may be held in a temporary cell until the process is complete.

The booking process can take several hours, and during this time, you are held under custody conditions. This process is essential for maintaining records and ensuring that all legal procedures are followed accurately.

3. The Arraignment

The arraignment is your first court appearance, usually held within 48 hours. This court appearance, known as the arraignment, is a pivotal moment in the legal process.

• • Reading of Charges: The judge will formally read the charges against you. This is your first official notification of the allegations.
  • Entering a Plea: You will be asked to enter a plea—Guilty, Not Guilty, or No Contest. It is essential to consult with an attorney before making this decision.
  • Setting Bail: The judge may set bail during this appearance, which determines if and how you might be released before trial.

Entering a plea is a serious decision. An experienced defense attorney will help you understand the charges, evaluate the evidence, and advise whether a plea bargain might be in your best interest. Never hesitate to request legal counsel.

4. Navigating Bail and Bond Options

Understanding Bail

Bail is a financial guarantee set by the court to ensure that you will return for your future court dates. There are several ways to secure your release:

• • Cash Bail: You pay the full amount set by the judge. If you attend all required court hearings, you may be refunded the amount (minus any processing fees).
  • Bail Bonds: If you cannot afford cash bail, you can work with a bail bondsman. Typically, the bondsman charges a non-refundable fee (about 10%-15% of the bail amount) and posts bail on your behalf.
  • Personal Recognizance (PR) Bond: In some cases, the judge may release you without requiring payment if you are considered low-risk or have strong ties to the community.

Consequences of Failing to Post Bail

If you are unable to post bail, you will remain in custody until your next court date. Extended detention not only disrupts your daily life but can also put additional emotional stress on you and your loved ones. Your defense attorney may be able to petition the court for a reduced bail amount or an alternative release option.

5. Court Process After Your Release

Once released on bail, it is crucial to adhere to all court-ordered conditions. These conditions may include:

• • Travel Restrictions: You might be limited to a specific geographical area.
  • No Contact Orders: You could be prohibited from contacting the victim or witnesses.
  • Mandatory Check-Ins: Regular check-ins with a probation officer or law enforcement might be required.

Failure to comply with these conditions can result in additional charges or re-arrest, so it’s important to follow all guidelines carefully.

6. Preparing for Your Court Case

Plea Bargains

Many criminal cases never go to trial; instead, the prosecutor may offer a plea deal.

• • You agree to plead guilty to lesser charges in exchange for reduced penalties.
  • Your lawyer will negotiate for the best possible terms.

Think carefully before accepting a plea deal! While it may shorten your legal troubles, it also means you admit guilt, which can have long-term consequences.

The Trial Process

If your case does not settle out of court, you will proceed to trial. During the trial, both sides present their evidence and arguments. The process includes:

• • Jury Selection: In felony cases, a jury may be selected to hear the case.
  • Presentation of Evidence: Both prosecution and defense will present evidence, call witnesses, and cross-examine each other.
  • Jury Deliberation: The jury (or judge, in a bench trial) will decide on your guilt or innocence.

7. What Happens If You’re Convicted?

If you are found guilty, the judge will impose a sentence, which may include:

• • Fines (hundreds to thousands of dollars)
  • Probation (supervised release instead of jail)
  • Community service
  • Jail or prison time

Your criminal defense attorney can also guide you through the appeals process if there are grounds to challenge the conviction.

8. Exploring Alternatives: Dismissal and Expungement

Dismissal of Charges

There are circumstances in which charges may be dismissed entirely. This might occur if:

• • Evidence was obtained illegally.
  • There was a procedural error during arrest or booking.
  • The prosecution cannot provide sufficient evidence to support the charges.

Expungement and Record Sealing

If your case is dismissed, or you successfully complete probation, you might be eligible to have your record expunged or sealed. Expungement can remove the arrest or conviction from your public record, significantly impacting your future employment and housing opportunities. It’s advisable to consult with a criminal defense lawyer who specializes in record sealing to explore your options.

9. Understanding Your Rights Throughout the Process

Your constitutional rights remain intact throughout the criminal process, even after an arrest. Here are some key rights to keep in mind: You have a…

• • Right to Legal Representation
  • Right to a Fair Trial
  • Right Against Self-Incrimination
  • Right to Appeal

10. Practical Tips for Defendants and Family Members

• Don’t Panic and Stay Informed

Receiving an arrest can be a shock, but staying calm is crucial. Gather as much information as you can, and document any interactions with law enforcement. This record can be beneficial later in your case.

• Follow Your Criminal Defense Attorney’s Advice

Your defense attorney is your best ally. Listen to their guidance carefully and ensure that you attend all court hearings and appointments. Missing a court date can result in additional charges or a warrant for your arrest.

• Maintain a Low Profile

Avoid discussing your case on social media or with individuals who are not your attorney. Public statements, even on private platforms, can sometimes be used as evidence in court.

• Keep Detailed Records

This information may prove invaluable if you need to appeal your case or if there are discrepancies in the legal process.

Arrested? Don’t Plea, Call Me!

The criminal justice process in Texas is designed to be methodical, but it can feel overwhelming if you’re not prepared. By understanding the steps that occur after an arrest—from the initial booking to the possibility of expungement—you can better navigate the system and safeguard your rights.

If you or a loved one is facing criminal charges in Texas, having an experienced legal team on your side can make all the difference. Our criminal defense attorneys are committed to protecting your rights and fighting for the best possible outcome in your case. Our skilled attorneys have extensive experience handling a wide range of criminal charges, from misdemeanors to serious felonies.