What to Do When You’re Arrested

A Conroe, TX criminal defense lawyer explains

A police officer pulls you over. Or maybe they show up at your home or your office. Suddenly, you’re under arrest. You’ve been charged with a crime. Now what? Knowing what to do next can be overwhelming. Even knowing what your rights are might not be clear. We want to help.

At The Webb Firm, P.C. in Conroe, Texas, our experienced criminal defense attorneys have handled a wide range of cases throughout Montgomery County. We know the law, we understand how the legal system works, and we have the case results to prove it.

What you should do after your arrest

Each case is different but in general, there are certain things you should often do in most circumstances when you have been charged with a crime.

You have the right to remain silent – If you don’t want to say anything, you don’t have to. That’s your right. If the arresting officer asks you any questions, you legally do not have to respond to them.
Keep your comments brief – If you do want to answer the police officer’s questions, keep your comments brief. Say “yes” or “no” and nothing else. If the officer asks your name, say your name and that’s it. The more you say, the more they can potentially use your words against you later in a court of law.
Tell the officer if you are armed – If you are carrying a concealed weapon and have a concealed carry permit, tell the arresting officer right away. Failure to do so could startle and result in you being injured or shot.
Keep your hands in plain view – It’s important for the arresting officer to know you are not armed and you are not a threat. This is especially true if you are armed and carrying a concealed weapon. Tell the officer right away. Then put your hands high in the air.
Remain calm – Being arrested can be a traumatic experience. It’s natural for many of us to react to situations around us – to get upset or insist that you did nothing wrong. Simply remain calm, remain quiet, and be polite to the arresting officer.
Write down the arresting officer’s full name and contact information – This is important information that can easily get lost in all the confusion. Also make a note of the exact time of your arrest if possible. Details matter.
Ask the arresting officer for a copy of the arrest report – If the report is not ready right away, it’s critical that you have the officer’s contact information. What matters most is making sure you have a copy of your arrest report as soon as possible.
If police want to conduct a search, demand to know why – Sometimes the arresting police officer will request a search of your person. In many cases, you can refuse to consent to a search unless the arresting officer has a warrant or probable cause for conducting a search. You can also say, “I do not consent to any searches, but I will not resist” if the arresting officer wants to conduct a stop and frisk search of your person.
Refuse a search of your vehicle – One type of police search you can refuse to allow is a police search of your vehicle during your arrest. If the arresting officer insists on searching your vehicle, you can refuse such a search on the grounds of the vehicle search being an unreasonable search and seizure, a right that is protected by the Fourth Amendment of the U.S. Constitution.
Refuse a search of your property – Another type of police search is one that involves a law enforcement official searching your property during your arrest. You can refuse a property search if the arresting police officer does not have a warrant or probable cause for conducting such a search.
Find out which jail you’re being taken to – Depending on your criminal charges, who arrested you and other circumstances, the arresting police officer or Texas Highway Patrol state trooper might take you to the nearest county jail or another facility. Ask which one you are being taken to so you can let family or friends know where you are being incarcerated.
Find out which court you’re being taken to – After your arrest, you will likely be taken to a magistrate or judge in the county you were arrested in for a bail hearing depending on your charges and the circumstances of your arrest. Ask which court you will be taken to for your consideration for bail hearing.
Find out your type of bail – While you cannot choose the type of bail set by a judge, it’s perfectly reasonable to ask which type of bail you receive. If you can post bail, you can be released from police custody while you await your court trial. There are five different types of bail (also sometimes called jail bonds) in Texas – cash bond, surety bond (type of loan posted by a bail bondsman), property bond (using your property as collateral), personal recognizance bond (often awarded to people with ties to the community), and attorney bond (your attorney pays your bond).
Ask for a lawyer – The sooner you ask to speak to an attorney, the better. Asking for a lawyer isn’t admitting guilt. It’s being smart. The laws governing our society can be complicated. An experienced attorney knows the rules and how they should be applied.
Review your arrest report – We can help you with this important step. Every detail matters in your arrest report. If there are any mistakes, such inconsistencies could be used to have your charges dropped or dismissed.

Know your rights. Contact us

Take your arrest seriously right from the start. Even if you know you didn’t do anything wrong, it’s important for authorities to realize you are taking them seriously. Don’t make fun of your charges, no matter how ridiculous they might seem. Don’t tease or taunt the police officer. Show respect. Get respect.

Most importantly, make sure you contact us right away and schedule a free consultation with a criminal defense lawyer who puts your best interests first – attorney Amanda Webb. You have too much at stake to wait to talk to a lawyer.