KNOW YOUR RIGHTS DURING AND AFTER AN ARREST IN TEXAS

STAY CALM.

Stay calm, follow the officer’s directions, and act respectfully. We know that being arrested is a scary and stressful experience. But being arrested doesn’t mean you’re guilty or that your life is over. Pay attention to what the officer says and remember that you have the following rights:

-Remain silent
-Request an attorney
-Make a call within the first few hours of arrest
-DO NOT sign any documents you don’t understand

REMAIN SILENT.
During or after an arrest you have the right to remain silent. Even if you’re sure you’re innocent and think you can explain what happened, DO NOT try to do so. Police and prosecutors can use anything you say against you, and trying to explain or answer an officer’s questions can have negative consequences for your case.

ASSERT YOUR RIGHT TO LEGAL REPRESENTATION.

During an arrest you have a constitutional right to be represented by an attorney. Not only will this allow you to seek legal advice and protection, but it will also prevent you from facing questioning without the benefit of legal representation.

BE RESPECTFUL OF THE ARRESTING AUTHORITY

While you should avoid saying anything that could jeopardize your defense, you should also be respectful of the arresting authority. Politely ask to speak to your attorney and express that you are exercising your right to remain silent. Additionally, it is vitally important to avoid doing or saying anything that could lead to a confrontation.

DO NOT RESIST ARREST OR ATTEMPT TO RUN AWAY.

Regardless of the circumstances that led to the arrest, do not resist arrest or attempt to flee. Failure to cooperate with the arresting authority will only make your situation worse and will likely lead to additional criminal charges against you.

REMEMBER THE FACTS OF YOUR ARREST.

In the midst of everything that is going on, it is important to try to remember the details. What were you doing when you were stopped? Did the arresting officer read you your rights? What did the officer say before, during, and after your arrest? What did you say? What else stands out about your interaction with the arresting officer?

MAKE SURE YOU KNOW THE KEY DATES AND DEADLINES IN YOUR CASE.

After an arrest, the first court appearance will be the “initial hearing” (in other states, this is commonly referred to as an “arraignment”). You should make sure you know when and where your initial hearing is scheduled, and plan this attendance with your attorney. After your initial hearing, which will usually take place a few days after the arrest, there will be a number of other key dates and deadlines that you will need to be aware of as well.

UNDERSTANDING THE POTENTIAL PENALTIES FOR THE ALLEGED CRIME(S).

Felonies

Capital Felony: The most serious crime, with a sentence of life in prison without parole or the death penalty

First Degree Felony: A severe punishment of 5 to 99 years in prison or life in prison and a fine of up to $10,000

Second Degree Felony: A punishment of 2 to 20 years in prison and a fine of up to $10,000

Third Degree Felony: A punishment of 2 to 10 years in prison and a fine of up to $10,000

State Jail Felony: A punishment of 180 days to 2 years in state jail and a fine of up to $10,000

Misdemeanors
Class C Misdemeanor: The lowest level of criminal offense, with a fine of up to $500 and no jail time

Class B Misdemeanor: A punishment of up to 180 days in jail or a prison term of up to $10,000fine of up to $2,000, or both

Learn more about Texas sentencing laws.

FOLLOW YOUR ATTORNEY’S ADVICE.

To some extent, the steps you will need to take after your arrest will depend on the severity of the charges against you and the nature of the allegations in your case. To avoid damaging mistakes and put yourself in the best possible position to present the strongest defense possible, you should follow your attorney’s advice.

BE PREPARED TO PUT ON A STRONG DEFENSE AT TRIAL.

Finally, in addition to following your attorney’s recommendations, it is critical that you take an active role in your defense. This may involve preparing to testify, gathering relevant documents, or simply being mentally prepared to face the weeks and months that could come. Your commitment can make the difference in the direction of your case. Although not all criminal cases in Texas go to trial, some do. If you need to appear in court to protect your rights and secure your future, you must be fully focused and willing to do what it takes to achieve the best possible outcome.
Remember, these steps provided on what to do when you are arrested are for informational purposes only and should not be considered legal advice. To obtain legal advice tailored to your unique personal circumstances, you should immediately contact our attorneys specializing in this matter to protect your rights regardless of your immigration status.

SCHEDULE A CONFIDENTIAL CONSULTATION WITH AN ATTORNEY AT MANUEL DIAZ LAW FIRM, PC.

The skilled attorneys at Manuel Diaz Law Firm, PC provide experienced legal representation to individuals facing misdemeanor and felony charges in the Dallas, Texas area. To learn more about what to do if you have been arrested, call our attorneys now or contact us online to request a free initial consultation.