- How are crimes classified in Texas?
- What is a complaint?
- What Is An Arrest?
- Someone I know has been arrested, what should we do?
- What Rights Do I Have?
- Once I’m Told My Rights, Can I Be Questioned?
- Who Can Arrest Me?
- Who Maintains Arrest Records And What Do They Include?
- When Is An Arrest Warrant Used?
- What happens to the accused?
- What happens if someone threatens or tries to intimidate the accuser into dropping charges they have filed?
- I have not been arrested, but I have been accused of a crime. What should I do?
Bail And Release
Legal Search And Seizure
- When Can An Officer Conduct A Search?
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When Can An Officer Search You, Your Home Or Your Car Without A Warrant?
What Should I Know If I Am Arrested?
1. How are crimes classified in Texas?
Texas law classifies criminal offenses into two broad categories: felonies and misdemeanors. Felony offenses are the more serious and involve possible commitment to the Institutional or State Jail Division of the Texas Department of Criminal Justice. Misdemeanor cases involve possible fine and/or imprisonment in the county jail.
2. What is a complaint?
A complaint is a legal document charging a person with violating a criminal law. It must be sworn to by someone who knows the facts of the crime charged, either by direct knowledge or through investigation. A complaint is generally necessary before an officer can obtain an arrest warrant authorizing him to apprehend a person accused of a crime.
3. What Is An Arrest?
When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, however, you still could be detained or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a recent burglary site. Storekeepers also can detain you if they reasonably suspect you have stolen something. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested.
4. Someone I know has been arrested, what should we do?
There are two things to consider in the crucial moments which follow an arrest. The first is securing the person’s release from jail as soon as possible. There are a number of ways this can be done. See Bail and Release. The second concern is to preserve the arrested person’s ability to defend against the accusations. It is best for the accused NOT to make statements to anyone concerning the case until he or she is able to consult with an attorney.
5. What Rights Do I Have?
You have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that:
You have the right to remain silent.
Anything you say may (and probably will) be used against you.
You have a right to have a lawyer present while you are questioned.
If you cannot afford a lawyer, one will be appointed for you.
These are your “Miranda” rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your statement may be inadmissible. However, this does not apply if you volunteer information without being questioned by the police.
6. Once I’m Told My Rights, Can I Be Questioned?
You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, the questioning must stop as soon as you say so or as soon as you say that you want a lawyer.
You may be required to give certain physical evidence. For example, If you are suspected of driving under the influence of alcohol, you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver’s license may be suspended and the refusal may be used against you in court, or if you take the test and it shows an alcohol concentration of a level specified in Section 49.01, Texas Penal code, your driver’s license may be suspended and the results of the test may be used against you in court.
The attorneys at Scott H. Palmer do not recommend you take these tests because you would be providing evidence for the government. The testing techniques are flawed. By taking either test, you create unnecessary work for your lawyer to prove that these tests are faulty. Why increase the amount of evidence against you? The best response is to ask to speak to your lawyer and state that you will cooperate fully thereafter.
7. Who Can Arrest Me?
All law enforcement officers (such as police officers, county sheriff officers, investigators in a district attorney’s office and highway patrol officers) can arrest you whether they are on or off duty. A probation or parole officer also can arrest you.
They can arrest you even if they do not have an arrest warrant - if they have probable cause or good reason to believe you committed a crime.
If you commit an infraction, they may ask you to sign a citation or notice instead of taking you into custody. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody.
8. Who Maintains Arrest Records And What Do They Include?
Local police departments and TCIC and NCIC maintain arrest records. The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges and the subsequent sentence imposed. Both pleading guilty and nolo contendere, and being found guilty after a trial count as convictions.
9. When Is An Arrest Warrant Used?
An arrest warrant is an order signed by a judge, authorizing an officer of the law to arrest a person charged with committing a crime. Usually, a warrant is required before you can be taken into custody from within your home. However, anyone can be arrested at home without a warrant, if fast action is needed to prevent them from escaping, destroying evidence, endangering someone’s life or seriously damaging property.
An arrest warrant must be signed by a magistrate or judge, who must have good reason to believe that you committed a crime. Once an arrest warrant is issued, any law enforcement officer in the state can arrest you - even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest.
Before entering your home, a law enforcement officer must knock, identify him or herself and tell you that you’re going to be arrested. If you refuse to open the door - or if there’s another good reason - the officer can break in through a door or window. If the police have an arrest warrant, you should be allowed to see it. If they don’t have the warrant with them, you should be allowed to see it as soon as is practical.
At an arrest site, the police may search the area within your reach. If you are arrested outdoors, without a search warrant they may search your home or car. Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a crime in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape.
10. What happens to the accused?
The person accused of the crime is now called the defendant. Soon after arrest by a peace officer, the defendant is taken before a judge who informs the defendant of the reason he has been arrested, and of the facts contained in the complaint. The judge is required to set an amount of bail and to advise the defendant of his rights. Unless the defendant can post bail in the amount set by the judge, he remains in custody and is normally transferred to the county jail to await further action in the case.
11. What happens if someone threatens or tries to intimidate the accuser into dropping charges they have filed?
Such a person is obstructing justice and may be guilty of a felony offense called "retaliation."
12. I have not been arrested, but I have been accused of a crime. What should I do?
Use caution. Unless you are certain that the accusation is only a minor one and will not result in criminal charges, it is best to consult with an attorney. This is especially true if a law enforcement official is asking you to give a statement or cooperate in an investigation. You should consult with an attorney before making any statements. What you say, no matter how well-intentioned, can be misinterpreted and may be used as evidence against you later. Even if you are promised leniency in exchange for your cooperation, you can never retract what you have already said. Therefore, it is best to consult with an attorney before to making ANY statements in order to make sure that your rights are protected.
Check the Texas Penal Code for further information about various offenses.
Bail And Release
Bail And Release
13. When Can I Be Released?
If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will usually release you. Your arrest may then be considered a detention and not be recorded as an arrest.
14. What Happens At An Arraignment?
You have a right to be arraigned without unnecessary delay. At the arraignment, you will appear before a judge who will tell you officially of the charges against you. An attorney may be appointed for you if you can’t afford one, and the bail can be raised or
lowered depending on the circumstances of the case. You also can ask to be released on a Personal Recognizance bond (P.R. bond), even if bail was previously set.
15. What Is Bail And How Is It Set?
Bail is allowed in virtually all cases, including felonies. The amount of bail is set by the judge. Its sole legal purpose is to guarantee the defendant's appearance in court for later proceedings. Your bond amount is set at the Probable Cause hearing. Appear at all hearings. If you have any doubt, go to Court so a new warrant is not issued for your arrest for failing to appear.
If you fail to appear, your bail will be forfeited and a new warrant will be issued for your arrest. For traffic citations, officers at the jail may be able to accept bail. If you cannot post or put up the bail, you will be kept in custody.
The judge is required to consider not only the seriousness of the offense charged against the defendant, but also the defendant's ability to raise money to make bail, in setting the amount. Bail may not be set so high as to punish a defendant by keeping him in jail pending his trial.
Searches And Seizure of Evidence
16. When Can An Officer Conduct A Search?
An officer always can make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins.
17. When Can An Officer Search You, Your Home Or Your Car Without A Warrant?
A. Body Searches. If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods, and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search.
B. Home Searches. In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant.
If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms-and even other parts of the same room-are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, which is in plain sight.
C. Car Searches. Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason-such as a broken taillight-they can seize any illegal goods in plain sight.
If you, your home or your car are searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If your lawyer does not object to the evidence before trial, the court might allow the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, it does not always mean that your case will be dismissed.
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Scott Palmer was recently mentioned in “D” Magazine as “One of the Best Lawyers Under 40” in the Dallas-Fort Worth area. Scott is very proud of this honor because it is the result of a poll of other Dallas attorneys, many of whom have become aware of his expertise in the local Courtrooms. “We fight hard for our clients every day! We often take…and win… cases other lawyers won’t touch.”
Whether you are accused of committing a federal or state crime such as DWI, assault, selling drugs, theft or sexual offenses, Scott Palmer will be a strong partner, making sure you receive all of the protection your Constitutional rights provide under the law. We will guide you through the court procedures, explain the available choices and give you our best advice…and then we will vigorously defend your case. Check Texas Penal Code for information about various offenses.
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