7/25/25

What to Do If You're Arrested in Texas: Understanding Your Rights

The experience of being arrested can be disorienting and frightening. Many people feel overwhelmed and unsure of what to do or say. However, understanding your fundamental rights under the law is crucial, as exercising them properly can significantly impact the outcome of your situation. If you or someone you know is facing an arrest in Texas, here’s a guide to your basic rights and what steps you should consider taking.

Your Right to Remain Silent (The Fifth Amendment)

Perhaps the most well-known right is the right to remain silent, famously associated with the "Miranda warnings." If you are taken into custody, law enforcement officers are typically required to inform you of your Miranda rights, which include:

• 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 an attorney.

• If you cannot afford an attorney, one will be appointed for you.

It's vital to remember that you should invoke this right clearly and unequivocally by stating something like, "I want to remain silent" or "I do not wish to answer any questions." Once you invoke this right, officers are generally supposed to stop questioning you. Even before Miranda warnings are given, you are not obligated to answer questions that could incriminate you. Be polite but firm.

Your Right to an Attorney (The Sixth Amendment)

Along with the right to remain silent, you have the constitutional right to have an attorney present during questioning. This right is just as important as the right to remain silent. An attorney can advise you on what to say (and what not to say), help you understand the charges against you, and protect your interests.

If you wish to have an attorney, clearly state, "I want a lawyer" or "I need to speak with my attorney." Once you request an attorney, questioning must cease until your lawyer is present (unless you reinitiate. Do not waive this right, even if officers suggest it will make things easier.

What to Do (and Not Do) During an Arrest

1. Stay Calm and Be Polite: While stressful, maintaining your composure is essential. Do not resist arrest, even if you believe it is unlawful. Resisting an arrest, search, or transport; or assaulting an officer can lead to additional, and often serious charges.

2. Do Not Make Statements or Answer Questions: Beyond providing your identity (name, address, date of birth), you are generally not required to answer questions or volunteer information. This includes questions about your activities, where you've been, or what you know.

3. Do Not Consent to Searches: Law enforcement generally need a warrant to search your property, however, exceptions apply. Probable cause allows them to search your vehicle without a warrant, for example. You are never obligated to consent to a search, lawful or otherwise, and granting consent makes the search lawful, even without probable cause or a warrant. Clearly state, "I do not consent to this search." If they proceed with a search after you refuse your consent, do not physically resist the officers. If the search is found to be unlawful in Court, the evidence obtained cannot be used against you.

4. Ask for a Lawyer Immediately: This is your strongest protection. Just remember that asking for a lawyer does not mean a lawyer will be available immediately, only that any questioning must terminate until the attorney is present. 

5. Try to Remember Details: While your focus will be on your rights and most officers now utilize body cameras during citizen interactions, try to remember as many details as possible about the arrest: the time, location, names/badge numbers of officers, and anything they said or did. This information can be valuable to your attorney.

Why Legal Representation is Crucial After an Arrest

Knowing your rights is the first step, but navigating the complexities of the Texas criminal justice system requires experienced guidance. An arrest is not a conviction, and the actions you take immediately following an arrest can profoundly impact your future.

Larman Law, PLLC understands the stress and uncertainty that come with an arrest. The firm is dedicated to protecting the rights of individuals facing criminal charges in Rockwall, Texas, and the surrounding communities, including Kaufman, Hunt, Collin, and Dallas County. From ensuring your rights are upheld during questioning to building a robust criminal defense strategy, Larman Law works to provide comprehensive support and advocacy through every stage of the criminal process. Don't face the legal system alone.

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Disclaimer: The blog posts on this website are intended for informational purposes only and do not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and strives to timely update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this post does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.