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What If I'm Arrested?

During and After An Arrest In Houston, Galveston, Fort Bend, Brazoria or Montgomery County

What to do if you are arrested...

Being arrested may be one of the most frightening events you ever experience. Being prepared in case you are arrested can help protect you and safeguard your rights in the event of a future arrest. These are some suggested steps you should take if you are arrested:

1.  Do not resist arrest.  Even if you are innocent, once you are under arrest, the police will not likely change their minds and let you go. However, they may decide to ADD an offense and charge you with resisting arrest.

2. Do not speak to the police. You have a constitutional right to remain silent, and you should do so – anything you say can and will be used against you in court. Do not say anything when you are seated in the police car, even if the police aren't in the vehicle, as your statements may very well be recorded by the in-car video or other recording device. So, as much as you might feel like it -- avoid the impulse to cuss at the cops or make any kind of sarcastic comment that might be taken out of context and turned against you.  However, do give your name and booking information as requested.  Nothing more.

3.  Tell the police that you wish to speak with your attorney if they attempt to question you. Do not say things like, "maybe I need an attorney," or "do I need an attorney?" say clearly "I want my attorney" or "I'm not answering questions without my lawyer present." Sometimes the police will use a tactic where they start asking you seemingly harmless questions to get you talking...things like, "where were you going?" or "where did you come from?" to start a dialogue to get you away from discussion about a lawyer.  Do not be sucked into this conversation, respectfully say you are exercising your right to remain silent and want a lawyer.

4. You are unlikely to have access to a telephone book while you're being arrested, so it is always a good idea to keep the phone number of a criminal defense attorney in your wallet, purse or pocket. Use your phone call to contact this attorney or your family. If you contact your family, have them contact the attorney.  Remember that the phone call may be recorded so just say you've been arrested and need an attorney. Don't discuss details of the alleged offense.

5.  Do not be rude or defiant. Be prepared to be photographed, handcuffed, and fingerprinted and follow police directions when doing so. It is also tempting to talk to those around you- especially when you feel scared and compromised.  Do not speak with other people who have been arrested and are in jail with you about your offense or criminal history. This is not confidential or protected speech and may be used against you at a later time.

The most important thing you can do if you or a loved one has been arrested is contact an experienced criminal defense attorney immediately.  Call our office today if you or someone you love has been arrested 832-699-1966. Be prepared to be completely honest with your attorney regarding the circumstances of your arrest and your criminal history. Your attorney needs all of the facts in order to prepare the best defense for you.

Call today for a confidential consultation or complete the client contact form for an attorney to call you.  We are there to be your Texas Criminal Defender when you need us.

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