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Know Your Rights

Have you been arrested?

You may be under arrest if a law enforcement officer has taken you into custody or deprived you of your freedom of movement holding you to answer for a criminal offense.

What are your rights when you are questioned by law enforcement?

  • You have the right to remain silent.
  • If you chose to give up the right to remain silent, anything you say can be used against you in a court of law.
  • If you chose to give up the right to remain silent and answer any questions, you have the right to stop the questioning at any time.
  • You have the right to consult your attorney before answering any questions by law enforcement.
  • If you chose to give up the right to remain silent, you have the right to have your attorney present during any questioning by law enforcement, and if you cannot afford an attorney of your own, an attorney will be appointed to you by the court without any cost before any questions may be asked by law enforcement.

After you are arrested, what are your rights?

  • You have the right to be informed of the crime you have been charged with.
  • You have the right to call your attorney, family, friend, or bondsman as soon as practical after you are brought to the police station.
  • The police can complete their booking procedures before you are allowed to make your telephone call.

What is a temporary detention?

  • If a police officer has reasonable suspicion that you may be involved in a crime, that officer can require you to identify yourself and seek an explanation of your presence at a particular time.
  • The officer may ask questions pursuant to this investigation. You have a constitutional right not to answer the questions, but if you refuse to identify yourself, the police officer may make an arrest.
  • If the police officer has reasonable grounds to believe you have a weapon and/or believes you are dangerous, the officer is entitled to conduct a limited pat down of your outer clothing for the limited purpose of detecting any weapons.
  • After the temporary detention, the police officer must either make an arrest or let you go.

Have you been arrested with or without a warrant?

  • Law enforcement may arrest you if they have knowledge that a warrant for your arrest has been issued. The police officer must show you the warrant and inform you of the offense charged.
  • Law enforcement may arrest you without a warrant if the police officer sees you commit an offense.
  • Law enforcement may arrest you without a warrant if informed by a credible person that a felony has been committed and that you are about to escape and that there is no time to get a warrant.

Can law enforcement conduct a search?

  • You do not have to consent to a search.
  • Law enforcement is entitled to a limited search of your car for any weapons if you are arrested while driving your car. Law enforcement is not entitled to a more general search of your car unless they have independent probable cause to believe that your car is carrying evidence of a crime or contraband.
  • Law enforcement is entitled to a limited search of the immediate area of your home if you are arrested at home. Law enforcement can check the remainder of the house for any accomplices without a search warrant. The police can seize any stolen property, contraband, or evidence of a crime in your home if discovered in plain view of the officer.

What happens when you are arrested?

  • The police officer takes you to jail, police station, or detention facility.
  • Once you arrive at the jail, police station, or detention facility, you will be given the opportunity to call an attorney.
  • Your personal property will be inventoried.
  • You will be notified of the criminal charges against you.
  • You may be fingerprinted and photographed.
  • You may also be required to – give a sample of your hair or blood, provide a writing sample, participate in a lineup, speak certain phrases, and/or wear certain clothes that may be associated with the crime with which you have been charged.
  • You will be taken before a magistrate and informed of the charge/s filed against you and informed of your rights.
  • Depending upon your circumstances and the crime/s with which you are charged, you may be released on bail.

If you've been arrested, contact The Owens Law Firm, PLLC at (817) 860-8888 today!

Call Today 817.334.7997
Office Address:
721 W. Abram Street
Arlington, Texas 76013
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