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 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.

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.

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.


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.

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.

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. 

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