Your Guide to Handling an Arrest in Texas
Getting arrested in Texas can be a terrifying experience, especially if it’s your first encounter with the criminal justice system. Whether you’re innocent or guilty, what you do in the moments, hours, and days after your arrest can significantly impact your case. Many people make mistakes due to panic, misinformation, or lack of legal knowledge, which can lead to severe consequences.
This article outlines the essential steps to take if you are arrested in Texas, helping you protect your rights and navigate the legal process effectively.
1. Stay Calm and Comply With Law Enforcement
If police officers arrest you, the first and most important thing to remember is to remain calm. Resisting or arguing with the police can make things worse, even if you believe the arrest is unfair.
- Do not argue with officers. Even if you think the arrest is a mistake, fighting with the police could result in extra charges, such as resisting arrest (Texas Penal Code § 38.03).
- Do not attempt to run. Fleeing can lead to additional charges and make it harder to defend yourself later.
- Keep your hands visible. Sudden movements or reaching into your pockets can be misinterpreted as reaching for a weapon.
Texas law allows officers to use reasonable force to make an arrest. Resisting, even slightly, can escalate the situation. The safest approach is to cooperate while keeping silent about the incident until you speak with a lawyer.
2. Exercise Your Right to Remain Silent
One of the most common mistakes people make after being arrested is talking too much. Under the Fifth Amendment, you have the right to remain silent to avoid self-incrimination. Texas enforces this right under Article 38.22 of the Texas Code of Criminal Procedure, which limits how police can use your statements in court.
- Do not answer questions without a lawyer. You are legally allowed to refuse police questioning until you have an attorney present.
- Invoke your rights clearly. You must explicitly say, “I am invoking my right to remain silent, and I want an attorney.” Otherwise, officers may continue questioning you.
- Do not try to explain your situation. Many people think they can talk their way out of an arrest, but anything you say can be used against you later.
Even casual conversations with law enforcement—such as answering questions about where you were or what you were doing—can provide prosecutors with evidence to use against you.
3. Ask for an Attorney Immediately
Your right to an attorney is protected under the Sixth Amendment and Texas Code of Criminal Procedure Article 1.051. This means you have the right to legal representation, whether you can afford an attorney or not.
- Request a lawyer immediately. As soon as you are arrested, say, “I want to speak to my attorney.”
- Do not accept legal advice from police. Officers might try to persuade you to talk by saying, “We can help you if you cooperate.” However, their job is to gather evidence against you.
- If you cannot afford an attorney, request a public defender. Texas provides court-appointed attorneys for those who qualify based on financial status.
The sooner you speak with a lawyer, the better they can protect your rights and guide you through the legal process.
4. Do Not Consent to Searches
Under the Fourth Amendment, you have the right to refuse unlawful searches and seizures. Unless the police have a warrant or probable cause, they cannot search you, your car, or your home without consent.
- If police ask for permission to search, say, “I do not consent to a search.”
- Do not physically resist. If police search you anyway, let your lawyer handle it in court.
- Some searches do not require consent. If you are arrested, police can legally search you and your immediate belongings (e.g., pockets, purse, or backpack).
If the police conduct an illegal search, your attorney can challenge the evidence and potentially have it dismissed.
5. Understand the Booking Process
After your arrest, you will be taken to a police station or county jail for booking. This process involves:
- Recording your personal information
- Fingerprinting and photographing (mugshot)
- Listing the charges against you
- Holding you in jail until bail is set or you see a judge
The booking process can take a few hours, depending on the jail’s workload.
6. Know Your Bail Bond Options
If a bail bond is set, you may be released while awaiting trial. Texas allows several options:
- Personal Recognizance (PR) Bond: The court releases you without payment, based on a promise to appear in court.
- Cash Bond: Paying the full bail amount in cash.
- Surety Bond: Hiring a bail bondsman to pay your bail for a fee (usually 10% of the bail amount).
Under Texas Code of Criminal Procedure Article 17.15, bail must not be excessive, but the amount depends on factors like criminal history and the severity of the charges.
7. Be Prepared for Your Arraignment
Your arraignment is your first court appearance, where:
- The charges against you will be read.
- You will enter a plea: Guilty, Not Guilty, or No Contest.
- The judge may adjust your bail or impose conditions for release.
Do not plead guilty or accept a plea bargain without first consulting with your criminal defense lawyer.
8. Follow Court Orders and Pretrial Conditions
If you are released on bail, you must follow certain conditions, such as:
- No contact orders (if related to domestic violence)
- Drug and alcohol testing (for DWI charges)
- Regular check-ins with a pretrial officer
Failing to follow court orders can result in your bail being revoked and you being sent back to jail.
9. Work With Your Criminal Defense Lawyer to Build a Defense
Your defense strategy will depend on the details of your case. Some possible defenses include:
An experienced defense attorney can help identify weaknesses in the prosecution’s case.
10. Understand the Long-Term Consequences
A criminal conviction can impact your future, including:
- Employment and career opportunities
- Housing applications
- Professional licenses
- Firearm ownership rights
If you are convicted, your criminal defense attorney may explore options for expungement or record sealing.
Arrested? Don’t Plea, Call Me!
Getting arrested in Texas is tough; it’s confusing, stressful, and honestly, pretty scary. But what you do next matters. Staying calm, knowing your rights, and getting a lawyer involved early can make a huge difference in how your case turns out. You don’t have to go through it alone—the right legal guidance can help you avoid costly mistakes and give you a fighting chance in court.
If you’ve been arrested in Texas, don’t wait until things get worse. Reach out to Texas Criminal Defense Group today. We’ve helped countless people navigate tough situations like this, and we’re ready to help you too. Call us now or visit our website to schedule a free consultation. The sooner you get a lawyer on your side, the better your chances of protecting your future.