Call Us Now
Email Us Now
If you’re reading this, you might have received a phone call from a detective “just wanting to clear some things up,” or perhaps you’re worried about a loved one currently sitting in a windowless room at the station.
As a criminal defense attorney in Texas, I see the same story every week: a well-intentioned person tries to talk their way out of trouble and accidentally hands the prosecution a conviction on a silver platter.
In Texas, the “rules of engagement” for police questioning are specific. Here is what you need to know to protect your future.
The “Good Cop” is Still a Cop
Texas detectives are master psychologists. They might offer you water, talk about their own families, or tell you they “know you’re a good person who just made a mistake.”
The Reality: Their goal is not to be your friend; it is to gather evidence. In Texas, police are legally allowed to lie to you during an interrogation. They can claim they found your DNA at a scene (even if they didn’t) or tell you a co-defendant has already confessed and blamed you. Do not let rapport lead to a confession.
Silence Must Be “Loud”
Many people think that simply staying quiet is enough to invoke their Fifth Amendment rights. However, the U.S. Supreme Court (and Texas courts) have ruled that you must affirmatively invoke your right to remain silent.
The Right Way to Do It: “I am exercising my right to remain silent and I will not answer any questions without my lawyer present.”
Once you say this, stop talking. If you start “small talk” again, the police can argue that you re-initiated the conversation and waived your rights.
Texas Article 38.22: Your Secret Weapon
Texas has a unique protection that many other states don’t have. Under Article 38.22 of the Texas Code of Criminal Procedure, an oral statement made during a custodial interrogation is generally inadmissible in court unless it is electronically recorded (video or audio).
The Catch: This only applies to “custodial” interrogations (when you aren’t free to leave). If you walk into the station voluntarily to “chat,” they don’t necessarily have to record it, and anything you say can be used against you.
The Lesson: Always assume you are being recorded, but never assume a lack of a recording will save you.
“I Think I Might Need a Lawyer” Doesn’t Count
In Texas, your request for counsel must be unequivocal.
Weak: “Do I need a lawyer?” or “Maybe I should talk to an attorney.”
Strong: “I want my lawyer.”
If your request is ambiguous, the police are allowed to keep questioning you. Once you make a clear, direct request for an attorney, all questioning must stop immediately under the law.
The “Consent” Trap
During an interrogation, a detective might ask, “If you have nothing to hide, you won’t mind if we take a look at your phone/car/house, right?”
Never consent to a search. Forcing the police to get a warrant ensures that the search is limited in scope and gives your defense attorney a chance to challenge the legal basis for that warrant later.
Let’s make this clear: always get a lawyer when you get invited by a police officer for an interrogation. Don’t let your rights be ignored for the sake of an investigation. Call Edgett Law at 972-424-0760 or go to edgettlawfirm.com/contact
