If You Are
Arrested in Texas You still have
rights.
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, family, 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
officers presence or within the
officers 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.
Gilbert G. Garcia, has practiced
Criminal Law since 1978 and has
been Board Certified in Criminal
Law since 1989. The Gilbert G.
Garcia Law Firm is the logical
choice to represent you in your
criminal case, providing the
quality legal services you
deserve in your most important
matters.
Free initial consultations and
reasonable fees. Personal
payment plans available and most
major credit cards accepted.
Many issues are able to be
handled via e-mail, phone calls
and fax and after hours and
weekend appointments are
available upon request to meet
the needs of each client.
Conveniently located on the
Montgomery County Courthouse
square since 1983.
For more information Arrest
Rights on Contact Gilbert Garcia
today at 936-756-3333. |
