Being arrested can be frightening and confusing. In those first few hours, people often feel pressured to explain what happened, defend themselves, or cooperate in the hope that the situation will quickly go away.
Unfortunately, statements and decisions made immediately after an arrest can have lasting consequences.
As a Texas criminal defense attorney with more than 16 years of experience, I understand how quickly an arrest can affect a person’s freedom, family, employment, and reputation. An arrest is not a conviction, and being accused of a crime does not take away your right to a defense.
If you or someone you care about has been arrested in Texas, these steps can help protect your rights:
1. Remain Calm and Do Not Resist
Even if the arrest seems unfair, you should not argue or physically resist. Remain calm, keep your hands visible, and follow basic instructions. The reality of the arrest can be addressed later through your attorney and the court system. Resisting may create danger, escalate the situation, and lead to additional criminal charges.
2. Exercise Your Right to Remain Silent
You have the constitutional right not to answer questions about the alleged offense. Beyond providing basic identification such as your name and date of birth, which may be legally required, you should clearly invoke this right. This applies to officers on the scene, in the booking area, in the interview room, and even during recorded telephone statements (voicemails).
“I am exercising my right to remain silent, and I would like to speak with an attorney.”
This right is protected under Article 15.17 of the Texas Code of Criminal Procedure.
3. Do Not Try to Explain Your Way Out of the Arrest
Providing excessive details or trying to prove your innocence can lead to unintentional inconsistencies that may be used against you, even if you are innocent. Stress and confusion can affect memory and perception. Remaining silent is not an admission of guilt; it is a legal right designed to protect you.
This right is also reinforced by Article 38.22 of the Texas Code of Criminal Procedure.
4. Clearly Ask for an Attorney
Get a lawyer on the record before answering any questions. Requesting an attorney ensures that your rights are protected during any questioning. Your defense counsel can review the allegations, examine the circumstances of your arrest, identify potential constitutional issues, and help preserve evidence that may support your defense. If you cannot afford an attorney, the court may appoint counsel for qualifying persons.
5. Be Careful With Jail Calls and Conversations
Telephone calls from jail are commonly recorded. Avoid discussing the facts of your case with anyone, including family, friends, or cellmates. Recorded calls easily find their way to social media. Anything you say can be used against you. Family members and friends should also avoid providing details about your arrest or defense on social media or in public forums.
6. Understand the Initial Court Process
After an arrest, you will typically be taken before a magistrate or judge for an initial appearance. The judge will inform you of the allegations, advise you of your rights, discuss whether you have an attorney or need one appointed, and set bail or determine conditions for release. The exact process can vary depending on the offense, the county, and prosecuting attorneys’ policies.
7. Preserve Information That May Help the Defense
As soon as possible, write down everything you remember about your arrest, including the time, location, officers involved, and any witnesses. Preserve evidence such as photos, videos, or receipts that may support your defense. Share this information with your attorney.
Take note of all details while they are still fresh. Important information can fade over time. Consider:
Where and when the encounter occurred
What officers said and did
Whether a search was conducted
Names or badge numbers of officers
License or citation information, if available
Any injuries or medical treatment connected to the arrest
Do not alter, delete, conceal, or destroy potential evidence. Preserve it and provide it directly to your attorney.
The Earlier a Defense Begins, the Better
Evidence can disappear quickly. Footage can be overwritten, witnesses can become difficult to locate, memories fade, and the earlier your attorney is involved, the better the chance to preserve evidence, examine the allegations, evaluate constitutional violations, and build a strong defense strategy.
If you have been arrested or accused of a crime in Harris County or Southeast Texas, Burleson Law Group is available to discuss your situation and help you understand your legal options. Call Burleson Law Group at (713) 201-7399 to request a confidential consultation.
