What Are My Rights During an Arrest in Texas?

 Posted on June 08, 2020 in Criminal Defense

Whether you are being arrested for DWI, theft, assault, drug possession, gun charges, homicide, or any other number of criminal offenses, you should always pay close attention to what is happening while you are being arrested. Depending on what the arresting officer does or does not do, your rights may be violated. A skilled criminal defense attorney might gain additional information that can help bolster your defense. In some situations, your charges may be reduced or dropped altogether if the police did not follow proper procedures or engaged in misconduct. 

Proper Arrest Procedures

In many criminal cases, the actions of the arresting officer or other officers involved in your detainment can determine the outcome of the case. This is because there are certain procedures that the police are required to follow by law during an arrest of a suspect in order to ensure justice for all, yourself included. This means you cannot be mistreated or otherwise have your rights withheld or violated. Here are some of the things to be on the lookout for during your arrest in Texas:

• You are not required to allow the police to search you, your belongings, your house, or your car. Unless the police have a warrant for a search that they show to you or they suspect something on your person or in your immediate vicinity could cause them harm, they have no right to search you or your property in its entirety without consent.

• Silence is golden. Other than identifying yourself, you are not required to answer any questions or say anything during the arrest. You do, however, need to tell the officer that you plan to stay silent. If the officer tries to get you to talk by force or other means, you are being coerced and therefore your right to remain silent is violated.

• Ask to speak to your lawyer. Either on the scene or at the police department, you should ask to talk to your attorney. If you do not have one, you must be provided legal counsel by the government. You should not be made to answer any questions without an attorney present.

• You are allowed to make one local phone call. This call can be made to anyone, and if it happens to be to your lawyer, the police cannot listen in on your conversation.

• The police cannot use excessive force when apprehending you. Pursuant to the law, an officer can use “all reasonable and necessary force” to overcome any resistance to arrest. While this might seem subjective, the truth is that as long as you are calm and are not resisting or obstructing the officers in the slightest, they have no right to use any force. Even if you are resisting arrest, their use of force should not be excessive relative to your resistance. For example, if you are unarmed and really only argued with the officer, posing no actual danger, yet the officer gets violent with you, kicking, punching, or suffocating you, the use of force is clearly excessive.   

If any of these things occur during or shortly after your arrest, you need to tell your attorney immediately so that he or she knows and can use this information to properly defend you. Depending on the circumstances, your case might even get thrown out without a trial because the police did not follow the proper, lawful protocols.

Contact a Collin County Criminal Defense Lawyer

If you believe that you were treated unlawfully during your arrest in Texas, it is important to seek experienced legal counsel right away. Contact a Fairview criminal law attorney at 469-333-3333 for a free consultation. Even if you committed a crime, you still have rights under the law and those rights cannot be violated by the police. The savvy team at the Law Offices of Biederman & Burleson P.L.L.C. will help you lodge those complaints in order to ensure a successful defense strategy.

Sources:
https://www.aclutx.org/en/know-your-rights/what-to-do-if-stopped-by-police
https://www.texasbar.com/AM/Template.cfm?Section=Texas_Bar_Journal&Template=/CM/ContentDisplay.cfm&ContentID=19642
https://www.aclu.org/know-your-rights/stopped-by-police/