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What to Do If You Are Arrested in Texas

Being arrested can be a distressing and confusing experience. It is important to understand your rights and know how to navigate the process to protect yourself.

Stay Calm and Cooperate

Remaining calm is crucial during an arrest. Feeling anxious or upset is natural, but staying composed is important. Officers can be very apprehensive during an arrest. For your own safety, make sure to follow the officer’s physical commands. Get out of the car when they direct you to do so. Stand where they direct you to stand. Keep your hands where they can be seen, and do not make any sudden movements. Resisting arrest or arguing with officers can escalate the situation and potentially lead to additional charges.

Under the Fifth Amendment of the United States Constitution, you have the right to remain silent and the right to an attorney. Exercise these rights by stating that you do not wish to talk and would like to speak with an attorney. Be firm in asserting your rights while maintaining a respectful tone.

Avoid Self-Incrimination

While you should be physically cooperative by standing and going where directed, be mindful of what you say during the arrest and afterward. Anything you say can be used against you in court. As a general rule, it is best to keep your mouth shut, refrain from answering questions, refrain from volunteering information, or make statements. Remember if the officer has already decided to arrest you, you are not going to talk your way out of it. It is best to save your story for your lawyer.

Know the Arrest Process

Familiarize yourself with the arrest process in Texas. After the arrest, you may be taken to a police station for booking, which involves recording your personal information, fingerprints, and photographs. Understand that the arrest does not automatically mean you are guilty. You are presumed innocent.

Contact an Attorney

One of the most crucial steps after an arrest is to contact an experienced criminal defense attorney as soon as possible. A knowledgeable criminal defense attorney will provide guidance, protect your rights, and advocate for your best interests throughout the legal process.

Follow Legal Advice

Once you have retained legal representation, following their advice and guidance is crucial. Your attorney will provide the information about the charges, potential defenses, and the legal process ahead. Cooperate with your attorney, provide them with all the relevant arrest details, and trust their expertise in building a strong defense strategy.

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Gather Information and Evidence

If possible, try to gather information and evidence related to your arrest. Provide your lawyer with a detailed description of the circumstances surrounding your arrest.  If there were any witnesses to the arrest, let your lawyer know.  This information can be valuable for your defense.

Prepare for Bail Hearing

If you are eligible for bail, work with your attorney to prepare for the bail hearing. Your attorney will present arguments for your release and address any concerns the court may have regarding your potential flight risk or danger to the community. Following the court’s instructions and appearing at all scheduled hearings is crucial to maintain a favorable position in your case.

Being arrested in Texas can be a daunting experience, but knowing what to do can help protect your rights. Stay calm, assert your rights, and seek legal representation immediately.  By taking these steps and working closely with your legal counsel, you can navigate the complexities of the legal system and work towards the best possible outcome in your case.

Remember, it is your right to have a fair trial and to present a strong defense. Being proactive, informed, and diligent in your approach after an arrest in Texas is essential. Remember that every case is unique, and the advice provided in this blog post should be used as general guidance. It is crucial to consult with an experienced criminal defense attorney who can provide personalized advice based on the specific details of your case.

By taking the appropriate steps and seeking qualified legal representation, you can navigate the arrest process more confidently and work towards achieving the best possible outcome.

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