What to do When Someone Gets Arrested?

Getting arrested, especially for the first time, can be an extremely confusing experience. Many people who find themselves in these circumstances are unsure of what to do, what to say, and, more importantly, what not to say – especially to an investigator or police officer. In some situations, offhand remarks that an individual makes while under arrest can be used against them by a police officer or state prosecutor later on in the process.

One of the most important steps you can take following an arrest is to speak with an experienced criminal defense attorney in Texas as quickly as possible.

The knowledgeable lawyers at The Law Office of David D. White, PLLC, understand the frustration and confusion that many individuals face upon arrest. Our legal team could enter an appearance on your behalf and do everything possible to safeguard your legal and constitutional interests while your case is pending in the criminal court system. We can also help you make intelligent decisions throughout the process and represent you at all courtroom hearings, including an arraignment, criminal court trial, or sentencing hearing. 

Our lawyers will aggressively advocate for your legal rights and interests and help you pursue the best possible result in your case.

For a free case evaluation and legal consultation with an experienced criminal defense attorney in Austin, please contact our office immediately for additional information.

Calling a Bail Bond Company Following Your Arrest 

Following an arrest on a criminal charge, it is a good idea to contact a bail bond company. You might also be able to call a close family member or friend following your arrest, and that individual could contact a bail bondsman on your behalf. After an arrest, the bail process could take between 8 and 16 hours.

As part of the bail process, a bail bondsman may post a certain percentage of the total bond amount on your behalf. However, the bail bond premium that you or someone else pays to a bondsman is not subject to reimbursement. If you post the required bail amount, you will then be released pending your criminal court date.

Not Speaking with Police Officers and Criminal Investigators about Your Case

If a police officer places you under arrest and takes you into custody, they can ask you certain basic questions, such as your name. However, they are required to advise you of your basic Miranda rights. Specifically, they must advise you:

• That you have the right to remain silent
• Anything you say could be used against you in a court of law, such as at your criminal bench or jury trial
• That you have a right to the presence of legal counsel during questioning
• If you cannot afford an attorney, the state will provide one for you

These rights stem from the Supreme Court case of Miranda v. Arizona, along with the Fifth Amendment’s constitutional protection against self-incrimination. Although the responding police officer does not have to read the suspect these rights verbatim, they have to establish the “four corners” of Miranda. 

If you waive your Miranda rights and start talking to the police officer or investigator, then they could use any incriminating statements that you make against you in court. A prosecutor could also use these statements when trying to obtain a guilty finding or conviction against you at a criminal court trial. However, if you invoke your Miranda rights, a police officer has to stop questioning you immediately. If the officer continues to question you and you ultimately say something incriminating, then those statements may be subject to suppression if your case goes to trial. Consequently, your entire criminal case may be subject to a complete dismissal. 

In short, following an arrest on a criminal charge, it is best to say as little as possible. You should fight the urge to try and explain yourself or tell your version of events. This can only increase your chances of obtaining a guilty finding or conviction at trial, and it may be too late for a criminal defense lawyer to try and remedy the situation for you after the fact. When in doubt, if you’re under arrest and in police custody, ask for an attorney to be present with you during any questioning. 

Attend the Arraignment Hearing

In the Texas Court System, the first formal legal proceeding is typically an arraignment hearing. Ideally, you want to have an experienced criminal defense attorney on board in your case well before the arraignment occurs. Our legal team could enter an appearance on your behalf right away and represent you at your arraignment hearing, as well as at other hearings that take place throughout the criminal process. 

It is important to have legal counsel present at arraignment because unrepresented individuals frequently talk too much and make incriminating statements at the hearing. It is also important to keep in mind that if you show up to any legal proceeding without having a lawyer present, the presiding judge is not under any obligation to postpone – or continue – your case. Rather, the judge could make you go forward with your case without having a lawyer present to represent you. This is a surefire recipe for disaster and could ultimately result in your being found guilty or convicted on your pending criminal charge(s). 

The other courtroom proceedings and hearings that follow the arraignment will depend upon the specific criminal charge(s) you are facing, as well as other factors related to your case.

What is the Prosecutor’s Legal Burden of Proof in a Texas Criminal Case?

In any Texas criminal case, the state prosecutor or district attorney has the sole legal burden of proof. As the defendant, you do not have to satisfy any legal standard of proof – or even take the stand and testify as a witness in your own defense at your criminal court hearing. This is because of the Fifth Amendment’s protection against self-incrimination.

For the state prosecutor to obtain a guilty finding or conviction against you, they must first satisfy each legal element of the pending charge beyond a reasonable doubt. This is a very high legal burden for the prosecutor to overcome, and if the prosecutor fails to satisfy even one element of the pending criminal charge(s), then they will not be able to obtain a guilty finding or conviction on that charge.

To prevent the state prosecutor from satisfying their legal burden, we may be able to assert one or more legal defenses on your behalf. The legal defense or defenses that we could argue in your case will depend upon the pending criminal charge(s). 

For example, we might be able to argue that you acted in self-defense or that you were defending someone else from an attack at the time of the alleged incident. In a drug possession or drug trafficking case, we could argue that you were not aware of the drug’s presence in a house, car, or other location where the police recovered it. Finally, depending upon the circumstances, we might be able to argue that you were someplace else at the time the alleged criminal offense occurred. 

Our legal team could help you formulate one or more strong legal defenses for your criminal court matter and help you achieve the best possible result in your case, up to a complete dismissal of your pending criminal charge.

How Can an Experienced Criminal Defense Lawyer in Austin Help During the Proceedings?

A lawyer can be an invaluable help throughout the legal proceedings in a criminal court case. First, your attorney could be present with you during any police questioning that takes place during the initial stages of your case. Additionally, an attorney could help you and represent you during all courtroom proceedings, including your arraignment hearing and criminal trial. In addition to speaking with witnesses beforehand, your lawyer could introduce favorable evidence on your behalf at trial and make supporting arguments in favor of your version of events. 

Finally, a lawyer could represent you at your criminal sentencing hearing if you ultimately sustain a guilty filing or conviction in your case. At the sentencing hearing, your attorney could argue for the least possible penalty on your behalf and work to minimize or eliminate any collateral consequences that you ultimately experience due to your conviction.

Talk with an Experienced Austin Criminal Defense Attorney Right Away

If you are currently pending one or more criminal charges in Texas, you must retain legal counsel to represent you as quickly as possible. At The Law Office of David D. White, PLLC, our experienced lawyers can help you determine what to expect, assist you throughout the process, represent you at all legal proceedings (including your criminal bench or jury trial), and protect your legal and constitutional rights going forward.

For a free case evaluation and legal consultation with a skilled Texas criminal defense lawyer, please call us at 512-886-8428 or contact us online today for more information.