Getting arrested can be a daunting experience, especially if you are unaware of your rights. Understanding your rights when you find yourself in handcuffs is crucial to protecting yourself and ensuring a fair legal process. Please continue reading as we explore your rights after being arrested in Texas and how a knowledgeable Dallas County Criminal Lawyer can help you navigate this challenging situation. 

What Rights Am I Afforded After Getting Arrested in Texas?

When you are arrested and accused of a crime in Texas, it’s important to understand that you are afforded several rights. Below are some of the most relevant rights you are provided after being arrested:

  • The right to remain silent
  • The right to legal counsel
  • The right to refuse a search
  • The right to be free from unreasonable searches and seizures
  • The right to be informed about your rights (Miranda Warning)
  • The right to know the charges against you
  • The right to a phone call after being booked
  • The right to be brought before a judge (usually within 48 hours of an arrest)
  • The right to avoid excessive bail and fines
  • The right to a fair trial
  • The right to due process
  • The right to a speedy and public trial by a jury of peers
  • The right to confront witnesses against you and cross-examine them
  • The right to avoid double jeopardy
  • The right to avoid cruel and unusual punishment

As you can see, various rights are granted under both federal and state law. However, the rights outlined above are the most critical to consider following an arrest. These rights ensure that you are protected from unfair treatment.

What if the Police Didn’t Tell Me My Rights?

In Texas, the police are required to read you your Miranda Rights if you are placed under arrest. Your Miranda warnings allow you to exercise your Fifth Amendment right against self-incrimination.  Essentially, before any questioning, you must be informed that you have the right to remain silent, that any you make may be used as evidence against him, and that you have the right to an attorney, either retained or appointed. This means you are not obligated to answer any questions or submit to a police interrogation. It’s advisable to decline to speak and ask for an attorney, as the police are searching for evidence that will aid in proving the charges against you beyond a reasonable doubt. It’s important to note that once you have requested legal counsel, the police are prohibited from asking you anything without your attorney present.

If the police failed to read you your Miranda rights, any statements that you make to the police following your arrest cannot be used against you in court. If they fail to provide this warning, a criminal defense attorney can argue that the evidence obtained against you after that point should be suppressed. This can potentially weaken the prosecution’s case against you.

In the unfortunate event that you have been arrested, it’s advisable to consult a criminal defense attorney to discuss your rights, legal options, and potential defense strategies. Contact Spangler Law today to speak with a seasoned member of our team who can examine the circumstances of your case and provide guidance.