If you have broken a law, or if law enforcement officers suspect 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 if arrested. This information should be used for informational purposes only. If you are arrested, contact an attorney immediately for legal advice.
WHEN AM I UNDER ARREST?
You are under arrest when law enforcement officers take you into 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. Anything you say can be used against you in court. If you decide to answer questions, you may change your mind and stop answering them at any time. You have the right to contact an attorney before answering questions and to have an attorney present when answering questions. If you decide to answer questions or make any statements, the information you provide should be accurate and truthful.
CAN AN OFFICER DETAIN ME WITHOUT ARRESTING ME?
An officer may require you to identify yourself and explain your presence at a particular time. If the officer believes you are armed and may be dangerous, the officer may conduct a limited search of your clothing. The officer may question you. You can decide not to answer, but the officer may use your refusal to identify yourself as the basis for making an arrest. If you identify yourself or answer questions, provide accurate and truthful information. At the conclusion of this temporary detention, the officer must either arrest you or let you go.
CAN I BE ARRESTED WITHOUT A WARRANT?
If you commit an offense in the officer's presence, or if a credible person reports that you committed a felony and are about to escape, an officer may arrest you without a warrant.
HOW MUCH FORCE CAN AN OFFICER USE?
An officer may use reasonable and necessary force to overcome resistance. If you are arrested, resisting the officer's commands is an unwise decision. Resisting arrest, obstructing an officer in the performance of duty, or interfering with an officer in the performance of the officer's duty may result in additional criminal charges being placed against you.
WHAT PROPERTY OF MINE CAN AN OFFICER SEARCH?
If you are arrested in your home, officers may conduct a limited search of the immediate area without a search warrant. The officers may seize contraband, stolen property, or evidence of a crime. The officers may also check the rest of the house for accomplices or threats to the officer's safety. If you are arrested in your car, officers may search for weapons that could be used against them. The officers may ask for consent to search the vehicle. If you give consent to search, the officers may and probably will conduct a complete search of the vehicle. In the absence of consent, the officers cannot conduct a general search unless there is probable cause that the vehicle is carrying evidence of a crime or contraband.
WHAT HAPPENS AFTER I AM ARRESTED?
The officers will take you to a police station, jail, or other detention facility. You will be advised of the charges against you. You will be given an opportunity to contact an attorney. You may be asked to provide samples of your hair, blood, breath, etc. If you refuse to provide these samples, a request for a court order to obtain these samples may result. You will be processed into the jail and taken before a magistrate or judge as soon as possible to receive additional legal warnings if you do not post bail.
HOW DO I GET RELEASED?
If you are arrested on a state charge, you may be released on bail, which involves posting a cash deposit or a bail bond as security for your court appearance, or you may be released on personal recognizance (your promise to appear in court when directed).
If you are arrested on a federal charge, a person from pretrial services will interview you and prepare a report for the Magistrate Judge to review. You will be taken before a Magistrate Judge to make an initial court appearance. At that time the court will consider you for pretrial release.
R. Christopher Goldsmith, Attorney
440 Louisiana Street, Suite 900
Houston, TX 77002
Phone: 713-223-1001
Cell Phone: 713-828-4816
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