Being arrested is one of the most stressful and confusing experiences a person can face. In the heat of the moment, it is incredibly easy to make mistakes that can severely damage your defense and future.
If you are ever detained or arrested in Texas, your actions in those critical first hours can determine the outcome of your case. Here are the three biggest mistakes people commonly make and how to avoid them to protect your rights.
Mistake #1: Talking to Law Enforcement Without a Lawyer Present
This is, without a doubt, the most common and damaging mistake. Even if you are completely innocent, speaking to police officers about the incident before consulting with an attorney can unintentionally sink your case.
Why It’s a Mistake
- Self-Incrimination: Anything you say—even a joke, a simple explanation, or an attempt to clear your name—can be twisted, misinterpreted, or used by prosecutors as evidence against you. The police are trained to gather information, not to prove your innocence.
- Creating Inconsistencies: If your initial, stressful, and unverified statement conflicts with later evidence or testimony, the prosecution will use that inconsistency to attack your credibility.
- Waiving Your Rights: By choosing to talk, you essentially waive your Fifth Amendment right to remain silent.
How to Avoid It (The Golden Rule)
Invoke your rights immediately and politely:
“I am invoking my right to remain silent.”
“I wish to speak to my attorney.”
After stating these two phrases, provide only your basic identifying information (name, address, etc.). Do not answer any investigative questions, sign any documents, or consent to any searches until your lawyer is by your side.
Mistake #2: Resisting Arrest or Arguing with the Police
When you feel you have been wronged or unfairly stopped, it is a natural human reaction to feel angry, defensive, or to argue. However, physically or verbally fighting with an arresting officer will only make your situation exponentially worse.
Why It’s a Mistake
- New Felony Charges: Resisting arrest, evading arrest, or assaulting an officer are separate and serious criminal charges, often resulting in a felony—even if the original reason for the stop was only a misdemeanor or you are ultimately found innocent of the underlying crime.
- Escalating Force: Resisting gives the officer a legal justification to use greater physical force to subdue you.
- Bad Optics: Any video evidence of you resisting or arguing will be used by the prosecution to portray you as uncooperative, aggressive, or guilty in front of a judge or jury.
How to Avoid It
Comply physically, but not verbally.
- Follow all physical commands, such as stepping out of the car, placing your hands behind your back, or sitting down.
- Remain calm, cooperative, and silent, immediately following Mistake #1’s advice (invoke your right to counsel). Note details about the officer’s behavior or possible rights violations, and tell your attorney later.
Mistake #3: Delaying or Not Hiring an Experienced Texas Criminal Defense Attorney
Some people believe they can handle minor charges themselves, while others wait until they are formally charged before seeking legal counsel. This delay is a critical error.
Why It’s a Mistake
- Missed Early Intervention: An attorney can often intervene before charges are formally filed, sometimes convincing prosecutors to drop or reduce the case based on evidence or illegal procedure.
- Navigating the Bail Process: A lawyer can argue for a lower bond or bond conditions, getting you out of jail faster so you can assist in your own defense.
- The Clock is Ticking: Evidence must be preserved, witnesses located, and defenses prepared immediately. Waiting even a few days can allow crucial evidence (like surveillance video) to be destroyed or lost.
How to Avoid It
- Call a lawyer as soon as you are able to (or have a loved one call for you).
- Treat your arrest as a legal emergency.
- Choose a lawyer with specific experience in the Texas court system where your case will be heard and who specializes in the type of charge you are facing (DWI, drug crime, assault, etc.).
Protect Your Rights and Your Future
If you are ever arrested in Texas, remember these three rules: Be silent, be compliant, and call a lawyer immediately. Protecting your constitutional rights in the first few hours is the single most important step you can take to safeguard your future.
In your most legally challenging times, it is best to have a competent attorney by your side. Call Edgett Law Firm at 972-424-0760 or go to edgettlawfirm.com/contact/