What Everyone Should Know
If Arrested or Questioned in Texas

If you, or someone you know, is ever unfortunate enough to become involved in a criminal investigation, knowing your rights is critical. This pamphlet contains basic information about the criminal justice process, which should be of interest to everyone. Understanding the basic concepts set out here can not only help you become a more informed citizen, it can also help you make an informed decision if you are ever forced to do so.

When Can You be Arrested?

The Constitution provides that no one can be arrested without probable cause. That generally means specific facts from which an officer can conclude that a person committed an offense. In Texas, officers must not only have probable cause, they must also have a warrant. The exception is where an offense is committed within their view, the most common of which is driving while intoxicated. In most other situations, an officer cannot make an arrest unless he has a warrant.

There is a difference between an arrest and an investigatory stop. Officers conducting an investigation can stop someone if they suspect they may have committed an offense, or may have information concerning an offense. They cannot force you to answer questions, or allow them to search you or your property. In this type of stop, you are free to leave whenever you wish. However, rarely will you be told this.

What Happens After Arrest?

Once arrested you are taken to a jail. The first thing that happens is you are "booked in", which means general information about you is obtained for the jail records. A Magistrate will then set a bond. There are three types of bonds. The most prevalent is a standard bail bond, which is also called a "surety bond". That is generally made by contacting a commercial bail bondsmen. For a fee, usually 15% of the bond amount, they will post the bond for you, and obtain your release. That money is non-refundable, and is the fee for making the bond and insuring your appearance at any court proceedings. Occasionally, a personal bond will be set by a Magistrate. That enables you to be released by merely signing your name and promising to appear. If you do not appear, you are liable for whatever amount the bond is. For any bond, you can also post the amount of the bond in cash. That is deposited with the sheriff, who holds it until your case is disposed of. If possible, that is the preferable alternative. You do not have to pay a bond fee, and your money is returned once the case is disposed of.

Reading Your Rights

Generally once an arrest is made, there is little questioning. Everyone has heard of "Miranda" warnings, which include the right to not answer questions, and the right to consult a lawyer. There is no absolute requirement that those rights be read to you. Their purpose is to ensure that any statement made is voluntary. As a result, officers generally only read someone their rights before they question them.

Obtaining an Attorney

Everyone charged with a crime, or suspected of committing a crime, has certain rights. Once arrested, it is important to obtain the advise of an attorney. Even though you are arrested, charges may not be formally filed for some time. Many times a lawyer can obtain a resolution of the matter on a favorable basis, before formal charges are filed. They may be able to have the charges reduced or dismissed. It is very rare for that to be accomplished once the charges are filed.

Traffic Stops

Traffic stops have become a routine method of investigating crime. There are now trained officers who patrol the highways, and do nothing but make traffic stops for the express purpose of attempting to uncover evidence of other offenses. The stop may be for a traffic violation, but the hope is they can obtain evidence of some other criminal offense.

The standard way to accomplish that is to ask for consent to search the car. Most people are reluctant to refuse consent, wanting to be cooperative, and believing it will look bad if they refuse. However, you do have an absolute right to refuse a search. If you do consent, your consent goes to the whole car. They can look inside the car, in the glove compartment, in the trunk, under the hood, and even tear up your car searching for evidence. That, in and of itself, is generally a reason to refuse consent.

Interviews

In some situations officers may wish to interview you before charges are filed. There are essentially two types of interviews. One are interviews of potential witnesses to an offense, or people who may have knowledge of a crime. Seldom do such individuals need such a lawyer. Other interviews are of people who are suspected of committing a criminal offense.

Those individuals almost always need a lawyer. Once an officer develops a suspicion an individual has committed an offense, the interview has only one purpose - to obtain a confession. Despite what you would think, confessions are common. There are a significant number of cases where a defendant could never have been convicted had they not confessed.

Few people have ever talked themselves out of a charge. If you deny involvement, they will generally either not believe you, or continue questioning you. You should remember that police officers are trained in interviewing techniques, and attend classes on how to properly interview witnesses.

As a result, they know how to phrase questions, and how to deal with people to obtain statements. Many times, what may be innocent as a whole, can be taken out of context and be extremely incriminating. With very few exceptions, anyone who is the target of an offense, should never consent to an interview without counsel being present.

Choosing a Lawyer

The criminal process can have devastating affects on individuals, even if you are ultimately found not guilty or no charges are filed. The need for competent legal representation is critical. No individual is on equal footing with trained law enforcement officers when it comes to a criminal investigation. Therefore it is important to seek out qualified and competent counsel.

Failure to do so can mean the difference between freedom....and long-term incarceration.