If
You Are Arrested in
Texas
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 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
or charges filed against you and your
rights.
Contact Gilbert Garcia today.
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