Know Your Rights During an Arrest in Texas

 Posted on December 05, 2024 in Criminal Defense

Nobody wants to get arrested, especially if you have had prior experiences with law enforcement that have been less than positive. At the very least, getting arrested can be scary and confusing. You are not simply a victim in an arrest, however. You have rights under the law and knowing your rights can help you stay calm and protect yourself.

If your rights are violated, the evidence against you might get thrown out, and your entire case could be affected. If you have not yet been arrested, prepare yourself by knowing your rights and how to use them. If you or someone you love has already been arrested, you have options. An aggressive, experienced Texas criminal defense lawyer can help if you face this situation.

What Are Your Rights During an Arrest?

The U.S. Constitution guarantees several key rights if you are arrested. Here are the most important ones:

• Right Against Unlawful Search and Seizure: The police need a good reason, called "probable cause," to search you or your property. If they do not have probable cause, they must have a warrant. If they do not have either of these things and they search you anyway, any evidence they find may not be allowed in court.

• Right to Remain Silent: You do not have to answer questions that might make you look guilty. You only need to give your name and basic information.

• Right to a Lawyer: You have the right to have an attorney with you when police question you or during your case. If you cannot afford one, the court will provide one for free.

These rights are designed to make sure arrests and trials are fair.

What About Miranda Rights?

You have probably heard about Miranda rights on TV, but do you know what they really mean? These rights come from a Supreme Court case called Miranda v. Arizona and they are an extremely important part of an arrest and questioning. Before police question you, they must tell you:

• You have the right to remain silent.

• Anything you say can be used against you in court.

• You have the right to a lawyer.

• If you cannot afford a lawyer, one will be provided for you.

If the police do not tell you this, and you make a statement while in custody, that statement might not be used in court. However, this only applies if you are being questioned while in custody. If you say something on your own without being asked, it might still be used as evidence.

Texas Also Has Laws to Protect You During an Arrest

Texas has state laws to protect people during an arrest. For example, police in Texas must have a legal reason to arrest you and must explain why you are being arrested. If they break the rules when arresting you, any evidence they collect might not be allowed in court.

One important law in Texas is Article 38.23 of the Texas Code of Criminal Procedure. It says that evidence gathered in violation of the law cannot be used against you. So if a police officer pulls you over and then searches your car without probable cause, any evidence they find in your car may not be admissible in a criminal case against you.

What Happens If Your Rights Are Violated During an Arrest?

If the police do not follow the rules, it can seriously affect your case. If the police got evidence improperly — without a warrant or proper cause — it might not be allowed in court. When key evidence is not allowed, the charges might be dismissed entirely. Even if charges are not dropped, it becomes harder for the prosecution to prove their case without certain evidence.

What Should You Do If You Are Arrested?

If you are arrested, follow these tips to protect yourself:

• Stay Calm and Follow Directions: Do not resist, even if you think the arrest is unfair. Resisting can lead to more charges that can be harder to fight.

• Know Your Rights: Say that you want to stay silent and ask for a lawyer. Do not answer questions without your attorney there with you.

• Write Down What Happened: If you think the police did something wrong, tell your lawyer as soon as you can.

A skilled criminal defense lawyer will look closely at how your arrest happened. If your rights were violated, a lawyer can argue to have evidence thrown out or charges reduced. They will also explain your options and help you decide the best way to handle your case.

Contact a Collin County, TX Criminal Defense Lawyer

If you were arrested, you need a lawyer who will stand up for your rights. Our team of Plano, TX criminal defense attorneys with The Crowder Law Firm, P.C. has experience fighting wrongful arrests and defending people in criminal cases. Call 214-544-0061 today to schedule a free consultation and learn how we can help.