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What to Do After Being Arrested in Texas: A Step By Step Guide

The Law Firm of Andrea M. Kolski
Arrested man in jury

Getting arrested is an understandably frightening experience. Though you have certain rights as a citizen, law enforcement has no obligation to reassure you that everything will be ok. It’s important to keep your emotions in check and keep your cool if you find yourself under arrest. Maintain your composure and comply with the officers during the entire process to avoid further problems. When things calm down, follow these steps for what to do after you’ve been arrested in Texas.

#1 – Exercise Your Right to Stay Silent

You are required to answer questions about your identity. But that’s about all you have to share with the police, thanks to the Fifth Amendment of the Constitution. The Fifth Amendment protects you from self-incrimination, and you should invoke it immediately. Officers are required to read your Miranda Rights, which state “you have the right to remain silent. Anything you say can and will be used against you in a court of law.” Don’t take this lightly. It’s highly likely that anything you say, even if it sounds good at the time, can be twisted and used against you later. A good rule of thumb is to avoid admitting to involvement in any alleged criminal activity, do not confirm your whereabouts, and do not offer up information to attempt to be released. Officers are not obligated to tell you the truth or explain your legal options. They are there to enforce the law, not hear you plead your case. Law enforcement may attempt to goad you into talking about alleged involvement by saying things like “if you have nothing to hide, you’d talk.” Don’t fall for it. Stay silent.

Do not give law enforcement potentially valuable evidence to use against you by granting permission to search your vehicle or your home. Notify them that you will not grant permission for a search of your property until you speak with an attorney.

#3 – Comply and Cooperate Within Reason

Once again, keep a cool head whenever dealing with law enforcement. Being defiant or angry can only make things worse. They have a job to do and often that job can be stressful. So, answer the questions that you are required to answer, confirming your identity. Don’t try to get physical with law enforcement, and avoid anything that could be construed as escalating the situation (touching, pushing, yelling). Remain quiet, but cooperative. Just keep in mind you will have your chance to defend yourself later in court or through your attorney.

#4 – Request a Criminal Defense Attorney Immediately

When you’re scared, tired, or confused, it’s easy to forget your rights and start talking. This is usually disastrous for defendants. It’simportant that you stay strong, keep your cool, and request a criminal defense attorney immediately. Remember, you do not have to provide any information to law enforcement, other than confirmation of your identity. Instead of talking you may want to take note of the officers’ names, and other details, while you wait for an attorney. You can take this time to silently recall details about the time in question and the alleged events to discuss later with your criminal defense attorney.

#5 – Share Your Story with Your Attorney

Your defense attorney is the one person you should talk to. When you have a private moment away from law enforcement, it’s time to discuss everything with your defense attorney. They are bound by attorney-client privilege and anything you tell them is confidential by law.. Remember they are on your side so it’s important to tell them everything.. The only way that they can plan a robust defense is if they know all the facts of the case, even when you think it sounds bad.. Now is not the time to withhold information from your attorney, as it may only hurt you in the future. Share openly and honestly with your attorney.

What to Expect After Being Arrested in Texas

If you’ve been arrested, the following sequence of events will take place. First, you will be placed under arrest by law enforcement. You will need to confirm your identity. You will be taken to the police station for booking. All personal belongings will be confiscated and inventoried. Be aware that this process can take hours, or even days, so prepare yourself for a lot of waiting. Don’t let you exhaustion or frustration get the best of you. Stay patient and remain calm. You’ll be required to confirm your name, date of birth, and address. You will then be photographed and fingerprinted. In some cases, you may be required to participate in a lineup.

  • You may then be taken for questioning. Don’t answer any questions without speaking to your attorney first or having your attorney present.. Officers or detectives may act friendly and casual with you but they are not your friends in this situation. As a criminal defendant, you should invoke your Fifth Amendment rights and request an attorney. You should not answer any questions until you speak with your criminal defense attorney.
  • The next step is your arraignment which will take place within 48 hours of your arrest. The arraignment is a hearing before a judge. The judge will notify you of the charges being brought against you. Your attorney will enter a plea of not guilty on your behalf, and your bail will be set.
  • You will be returned to confinement until your bail is paid in full, or you receive a bail bond. Once either is satisfied, you will be released from custody.
  • Over the next weeks and months, you and your attorney will examine every aspect of your arrest, and the charges against you to either have the case dismissed, reduce the charges against you, and/or go forward to trial with the goal of acquittal.

Call a Top Defense Attorney in The Woodlands After Your Arrest

Don’t make mistakes during an arrest that could ruin your life. The best way to protect yourself after an arrest is to get an experienced top criminal defense attorney in The Woodlands who can fight for your rights. For over 20 years, criminal defense attorney Andrea M. Kolski has been standing up for defendants and winning cases. Contact The Law Firm of Andrea M. Kolski at 832-381-3430 as soon as possible to insure you have the best defense for your case.

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The Woodlands, TX 77381

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