Posted on 1/5/23

Getting arrested can be a jarring, upsetting experience. Knowing what to do at the moment can be difficult. However, knowing what to do if you are being arrested in Texas is important. The steps you take during and after being arrested can significantly impact your case’s outcome. 

Do Not Resist Arrest

Police officers are not always in the right. They may use excessive force, lie to you, insult you, or engage in other upsetting behaviors while trying to arrest you. Resist the temptation to fight back and try to avoid being arrested, which is considered resisting arrest a crime. Resisting arrest is considered intentionally obstructing or preventing a police officer from carrying out an arrest, a lawful search, or transporting a person. Using force against a police officer, even if you think it is justified, can cause additional legal problems. Resisting arrest is generally charged as a Class A misdemeanor, but it can be a more serious felony charge when certain factors are present. 

Do Not Argue or Get Physical

You may think that as long as you are not hitting or otherwise fighting with a police officer, you cannot be charged with resisting arrest. However, arguing with a police officer can still hurt your case. If you believe that you have been the victim of police brutality, you should discuss the facts of your case with an attorney, not argue with the police officer. You may unintentionally admit fault for something you didn’t do while arguing with a police officer. Instead, remember all the details of what was happening so you can discuss your rights with your attorney. 

Know Your Legal Rights

Understanding your rights can help you protect yourself. One of your most important rights while being arrested is to exercise your right to remain silent. If a police officer begins asking you questions, you have a legal right to refuse to answer them without your attorney present. Tell the police officer that you are invoking your right to remain silent and that she would like an attorney. Police officers may threaten you with negative consequences or pressure you into answering their questions. Do not fall for it. You have the right to be completely silent and only say something once an attorney is present. Do not accept a plea bargain from the prosecution, even if they tell you that you will not be able to prove your innocence. An attorney will be able to review the facts of your case and the potential plea bargain, and then negotiate a better outcome for you. It may be better for you to take your case to court than to accept a plea bargain.

Do Hire an Attorney as Soon as Possible

If you have been arrested in Texas, the best thing you can do is hire an experienced criminal defense attorney. The attorneys at Abel Law Firm are here to help you when you need us. We will answer immediately or contact you quickly and discuss your criminal defense options. Contact Abel Law Firm today to schedule a free case evaluation. 

Flower Mound Office

Phone: 972.584.7837

Denton Office