Ten things to know if you are arrested
- Do not talk to the police without an attorney. This is the single most important thing to remember when you are being accused of any offense. Most people do not realize the police are allowed to lie to you. They can tell you anything to elicit a response. Do not respond to their questions. Do not provide them with any information other than your name and date of birth.
- Immediately contact an attorney. Your attorney will be able to guide you through what you should do and whether you should talk to the police. Do not consider entering a plea of guilty until you have talked to an attorney. For felony offenses, the case must be presented to the grand jury before the case makes it to a felony court. In some cases, moving quickly and working the case pre-indictment may obtain a favorable outcome. An experienced defense attorney may be able to obtain a no-bill from the grand jury before the case ever gets to a felony court. The sooner an attorney is working on your case, the more he or she will be able to do for you.
- You may be able to avoid a conviction. Even if you are guilty of the offense, there may be ways to get the case dismissed, no-billed, reduced or deferred without a conviction on your record.
- Jail phone calls are recorded. Jail phone calls are recorded and there is no such thing as private communication inside the jail. While you are in custody, the only privacy that will be afforded to you is communication protected by the attorney-client privilege.
- Do not volunteer information during a search. An officer will be able to search your person when he is arresting. If he has probable cause to search a location, the officer may lawfully conduct a search. Do not give them consent to search other locations. If they are conducting a search, do not react. Do not respond or make any statements regarding anything they find.
- Determine how and when to be released from custody. On federal offenses and juvenile offenses, an attorney will be able to walk you through release, if release is available, prior to the resolution of the criminal charges against you. On an adult case at the state level, before you consider bonding out of jail, talk to your attorney about what the best course of action is on your case. Potential outcomes on your case may vary based on whether you are in custody or out of custody. Under certain circumstances, you may need a bondsperson. In Texas, you should generally be able to bond someone out by paying a bondsperson around 10% of the bond amount. You may also put up a cash bond for the entire amount.
- Choose the right attorney. It is critically important to choose the right You will want someone who has experience handling cases like yours. Ask if the attorney you are hiring has experience trying cases to juries in the county your case is set in.
- Remember that the police are allowed to lie to you. For example, the police could tell a murder suspect they found a body, when they have not, just to see what the suspect will Or consider a driving while intoxicated suspect to whom an officer says, I know you’ve had more than a “couple.” Once again, remember not to provide any statements to the police, without first talking to an attorney.
- Court-appointed attorneys are not free. The judge may require that you pay attorney fee as a condition of being out on bond, or if you get probation, as a condition of You do not get to pick your court appointed attorney. As a result, if you have a court appointed attorney, you may be paying for an attorney without having any input on who you’re paying for. As a result, think twice before asking the court to consider appointing an attorney on your behalf.
- You do not have to submit to testing without a warrant. You are not required to provide a specimen of your blood or breath or do field sobriety tests, although an officer may obtain a warrant to obtain your blood.
Varghese Summersett PLLC | (817) 203-2220.