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If
You Are Arrested
You still have
rights.
QUESTIONING
When being questioned by the police you
have the following rights:
1. The right to remain silent;
2. If you choose to speak, anything you
say can be used against you in court;
3. If you decide to answer questions,
you may stop at any time & the law
requires all questioning to stop;
4. The right to consult your attorney
before answering any questions, the
right to have your attorney present
during questioning, and the right to
have an attorney appointed to you by the
court if you cannot afford to hire one.
AFTER THE ARREST
After you have been arrested you have
the right to know the crime(s) with
which you have been charged. You have
the right to communicate by telephone
with your attorney or family or friend
or bondsman as soon after you are
brought to the police station as
possible. The police have a right to
complete their booking procedures before
you are allowed to use the telephone.
BEING DETAINED WITHOUT AN ARREST
If there is a reasonable suspicion that
you may be involved in criminal
activity, a police officer may require
you to identify yourself & explain your
presence at a particular time. If the
officer has reasonable grounds to
believe you or armed or may be
dangerous, he/she may conduct a limited
pat down of your outer garments for the
purpose of detecting weapons. The
officer may ask you questions pursuant
to an investigation. You have the
constitutional right not to answer them,
but if you refuse to identify yourself,
the officer may have grounds to make an
arrest. At the conclusion of the
temporary detention, the officer must
arrest you or let you go.
ARREST WITH A WARRANT
A police officer may arrest you at any
time if there is a warrant for your
arrest or if they have knowledge a
warrant has been issued. The officer
must show you the warrant as soon as
possible and inform you of the offense
charged.
ARREST WITHOUT A WARRANT
A police officer may make an arrest
without a warrant only under certain
limited circumstances in Texas. An
officer may arrest anyone who commits an
offense in the officer’s presence or
within the officer’s view. An officer
may arrest a person if informed by a
credible source that a felony has been
committed & that the offender is about
to escape and there is no time to get a
warrant. Examples of felonies include
murder, rape, robbery, burglary, and
sale of narcotics.
BEING SEARCHED
If an arrest happens in your home,
officers may conduct a limited search of
the immediate area where you are
arrested without a search warrant. They
may also check the rest of the house for
accomplices. They may seize any
contraband, stolen property, or evidence
of a crime discovered in plain view in
any portion of the house where the
officers have a right to be.
If arrested while driving your
automobile, the officers may make a
limited search of your car at that time
to discover weapons that might be used
against them. They may not make a
general search of your car unless there
is independent probable cause that the
vehicle is carrying contraband or
evidence of a crime. If an officer
requests a search of your vehicle, you
are not required to give consent.
USUAL ARREST PROCEDURES
The officer will take you to a police
station, jail, or other detention
facility. Upon arrival or shortly
thereafter, you will be afforded the
opportunity to contact an attorney. You
will be advised generally as to the
charges against you. You may be required
to: participate in a lineup, prepare a
sample of handwriting, speak phrases
associated with the crime with which you
are charged, wear certain clothes, or
give a sample of your hair/blood/etc.
During the following
procedures you SHOULD request to have
your attorney present. You may be
required to be fingerprinted and
photographed. You must be taken before a
magistrate (court official who may
exercise some functions of a judge)
within a short time of arrest. The
magistrate will inform you of the
charge(s) filed against you and your
rights.
OBTAINING AN ATTORNEY
If you do not have an attorney, you may
contact the State Bar of Texas Lawyer
Referral and Information Service
toll-free at (877) 983-9227. If you
cannot afford a private attorney, you
should advise the judge of this fact at
your first appearance or as soon as
possible. The judge will ask you some
questions to see if you are eligible for
the services of an attorney at public
expense.
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