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Criminal Law Texas FAQ
The first thing you should do if you have been arrested for any crime is to get an attorney involved as soon as possible. Do not give a statement, even if you think the person asking for your statement is your friend. The least said the better - Innocent or Not. Many times cases are lost because the Defendant provided a statement, and most times those statements were given because the defendant thought it would help prove their innocence. Felony Charges: If you contact an attorney early on in your case (preferably a day after your arrest), and if an Indictment has not already been filed, your attorney may be able to keep the prosecutor from obtaining an Indictment against you or filing your case. At Goldstein & Scopellite, PC, if we decide it is prudent, we will contact the police officer who arrested you and the officer who wrote the incident report to attempt Resolution; we research your file; and we speak with other relevant individuals before you are formally charged so that we can attempt to keep the Grand Jury from Indicting you or the District Attorney from filing your case. The chance of your success becomes much greater if you contact an attorney right away. It is not a good idea to wait until the day before your Hearing to retain a lawyer. What To Do If You Are Arrested: If you have broken a law, or if law enforcement officers suspect that you have broken a law, you may be placed under arrest. The following is a brief summary of your rights and what you can expect. This should be used for informational purposes only. If you are arrested, consult an attorney immediately. When am I under arrest? You are under arrest when law enforcement officers take you in to custody or deprive you of your freedom of movement in order to hold you to answer for a criminal offense. What are my rights when the police question me? You have the right to remain silent. But, if you choose to speak, anything you say can be used against you in court. If you decide to answer questions, you may stop answering them at any time. You have the right to consult with an attorney before answering any questions, and to have an attorney present during questioning. Can an officer detain me without arresting me? Short answer, yes. The police are allowed to require you to identify yourself and explain your presence at a particular time and place. If the officer believes you may be armed or dangerous, he or she may conduct a limited pat down. The officer can question you, and although you have the right not to answer, a failure to identify yourself may be grounds for arrest. The officer cannot hold you for an extended period of time-they must either let you go or make an arrest. Immigration Hold - "ICE Hold" When can I be arrested without a warrant? You can be arrested without a warrant if you commit an offense in the presence of a police officer, or if a credible person reports that you committed a misdemeanor or a felony and are about to escape. How much force may a police officer use? Police officers can use "reasonable and necessary" force to overcome resistance. Resisting arrest can also be a criminal offense. What property of mine can an officer search? This is a complicated question that depends on many factors. Generally, if you are arrested in your home, the officers can conduct a limited search of the immediate area without a search warrant. If they find contraband, stolen property, or evidence of a crime, they can seize it. The officers can also check the rest of the house for accomplices. If you are arrested in your car, the officers can search for weapons you may use against them. They must have probable cause that the car contains contraband or evidence of a crime to conduct a general search of the car. What happens after I am arrested? The officers will transport you to some sort of detention facility (usually a jail or a police station), where you will be allowed to contact an attorney. You will be advised of the charges against you, and you may be required to stand in a lineup or provide other evidence such as hair and blood samples or fingerprints. You should have an attorney present if you are fingerprinted or photographed, or if you have to appear before a magistrate. How do I get released? You can be released on bail (either cash or a bond) as security for your appearance in court, or you may be released on your own recognizance (your promise to come back to court when you are told). If you have been arrested and detained by Immigration a bond may be available to you or there may be a way to get you released on an order of supervision. If no bond is available you may be held by Immigration until your immigration matter is set before the Immigration Court or you agree to an order removing you from the United States. What's next? Call a lawyer, if you have not done so already. The attorneys at Goldstein & Scopellite are extremely experienced in criminal law, and can help you even if you did not call an attorney right away.
The office of Goldstein & Scopellite, PC represents clients located in and around the Dallas / Fort Worth area of Texas, including the communities of Denton, Plano, and all of the surrounding counties. Goldstein & Scopellite, PC Copyright © 2010 by Goldstein & Scopellite, PC Attorneys at Law. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. | |                   |
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