Criminal Law
Know Your Rights
Arrested
What to Expect
Know your rights if you are in custody or charged with a crime.
the Right to Remain Silent
Your rights when you get arrested are contained in the Miranda Warnings that an officer must read to you when you get arrested. They are your rights. Know them. They are as follows: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before questioning. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time. LEARN THEM, KNOW THEM, FOLLOW THEM, AND BE QUIET!
Custody and Processing
In custody, you will be “processed.” This involves taking fingerprints, recording your identity, and looking up your records. They will hold you in a room or jail cell at the police station or sheriff’s office. You can then use the phone or speak with your lawyer. Police officers or detectives may ask you questions. This is called “custodial interrogation.” Do not answer any questions until your lawyer is present because what you say after the Miranda Warnings have been given to you will be used against you.
WHAT TO EXPECT WHEN YOU GET ARRESTED
In Texas, an officer can arrest you if:
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There is a warrant for your arrest
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The officer has probable cause to believe you committed or are about to commit a crime
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The officer sees you commit a crime
Hearing
What to Expect
Let us guide you through the technical process.
Arraignment or First Hearing
The arraignment occurs in court before a judge, usually within 48 hours. This is likely your first court appearance. During the arraignment, you will be: •Formally told what offenses you are charged with •Advised of your constitutional rights •Informed of all possible penalties •Bail will be set
Making Bail – Hiring a Bondsman
Call a Bail Bond Company. A bail bond company in Texas will usually charge 10% of the bail set by the judge. Other rules may apply to non-citizen defendants. If you don’t post bail, you will return to jail until your trial setting.
You Have the Right to an Attorney. Use That Right.
There are many technical and procedural components to even the simplest arrest. A criminal defense lawyer can help you navigate all these procedures, and if police or prosecutors violate any requirements, your attorney can take action.