What To Do Immediately After an Arrest in Texas
Getting arrested can be one of the most stressful moments in your life. The situation unfolds quickly, and even small mistakes can have lasting legal consequences. Understanding your rights and what steps to take immediately after an arrest can make a major difference in the outcome of your case. This guide explains what happens after an arrest in Texas, how to protect yourself, and why early legal intervention matters.
Understanding the Arrest Process in Texas
An arrest in Texas can occur with or without a warrant. According to Texas Code of Criminal Procedure Article 15.22, a person is considered “under arrest” once they are restrained or taken into custody by law enforcement, whether physically or by submission to authority.
Police officers are required to inform you of the reason for your arrest, but they are not obligated to discuss details of the charges during the initial encounter. After an arrest, you will typically be transported to a local detention facility, fingerprinted, photographed, and booked into custody.
If the arrest is made with a warrant, officers must have the document signed by a judge authorizing your detention. If it’s without a warrant, the officer must have probable cause — meaning they have reasonable grounds to believe that a crime has been committed. Under Chapter 14 of the Texas Code of Criminal Procedure, warrantless arrests are only lawful under certain circumstances, such as when an offense is committed in the officer’s presence.
Your Right to Remain Silent and Why It Matters
When you’re under arrest, emotions often take over — confusion, fear, even embarrassment. But anything you say, even casual comments, can later be used as evidence. You are under no obligation to answer questions from police officers beyond providing your basic identification.
Politely say:
“I am choosing to remain silent and would like to speak with my attorney.”
This invokes your Fifth Amendment right against self-incrimination. Once you request a lawyer, officers are required to stop questioning you until your attorney is present. Avoid discussing your case with anyone other than your lawyer — even family or cellmates — as those conversations could be monitored or later used in testimony.
Avoid Common Mistakes After an Arrest in Texas
It’s natural to want to explain yourself, especially if you believe the arrest was a misunderstanding. However, statements like “I didn’t mean to” or “I only did it once” can be interpreted as admissions of guilt.
Here are key mistakes to avoid:
- Don’t resist arrest, even if you think it’s unjustified. Resisting can lead to additional charges.
- Don’t consent to searches of your vehicle, home, or belongings unless a warrant is presented.
- Don’t talk about your case online or over the phone — most calls from jail are recorded.
- Don’t assume innocence guarantees release. Legal processes move slowly, and a solid defense must be built from the start.
Remaining calm and silent may feel counterintuitive but is one of the most powerful steps you can take to protect your case.
Booking, Bail, and Your First Appearance
After being booked, you’ll have the opportunity to post bail — an amount set by the court to ensure you return for trial. In Texas, bail can be posted through cash, a bond company, or personal recognizance, depending on the nature of the offense and your criminal record.
You will usually appear before a magistrate within 48 hours of arrest, where the charges are formally read, and bail conditions are set. This hearing is critical. A knowledgeable criminal defense attorney can argue for reduced bail or request personal recognizance release, helping you return home while awaiting trial.
If the bail amount is excessive or unjustified, your attorney can file a motion for reduction.
Read more about bail procedures under FindLaw’s summary of Article 15.17.
How a Criminal Defense Attorney Can Help Immediately
Even before formal charges are filed, an experienced lawyer can begin building your defense.
Here’s how early legal involvement helps:
- Securing your release: Attorneys can negotiate bail terms and coordinate with bail bond companies.
- Protecting your rights: They ensure law enforcement followed all legal procedures during arrest and interrogation.
- Investigating evidence: Your attorney can start gathering witness statements, reviewing video footage, and preserving records before they’re lost.
- Communicating on your behalf: Once represented, all law enforcement contact must go through your attorney.
Texas law is complex, and procedures vary by county. The sooner you engage counsel, the more effectively they can intervene in the case’s early stages, sometimes even before the prosecutor files formal charges.
Preparing for What Comes Next
Once you’re released, there’s often a temptation to “move on” and hope the issue disappears. Unfortunately, ignoring court dates or failing to comply with release conditions can lead to re-arrest.
Instead:
- Stay in contact with your attorney.
- Attend all scheduled hearings.
- Avoid discussing your case with others.
- Gather helpful documents, such as receipts, text messages, or witness information that support your version of events.
Your lawyer will guide you through plea discussions, evidence disclosure (“discovery”), and pre-trial motions. Many cases can be resolved favorably through negotiation — but only when built on careful preparation.
Know Your Rights, Protect Your Future
An arrest is not the same as a conviction. You are presumed innocent until proven guilty. Exercising your rights, including your right to remain silent and your right to counsel, ensures that your defense starts from a position of strength.
For more information about defending against criminal charges in Texas, visit our Criminal Defense page or contact Wynne, Smith & Young, PLLC for a confidential consultation.