Know Your Rights During an Arrest in Texas

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A man in a plaid shirt being arrested and put in a cop car. It is often highly confusing and stressful to be under arrest, making it crucial to know what to do and how to protect yourself by knowing your legal rights. Whether you believe that you are guilty or not, you have a right to exercise your constitutional rights during an arrest. By knowing how to assert these rights, you can significantly influence your case outcomes.

Whether you’re anticipating an arrest or have already been arrested, Pelley Law Office can help. Call us today at 972-608-0335 to schedule your free consultation with an experienced defense attorney who can help you exercise your rights.

Your Rights When Arrested

When you’re under arrest in Texas, you are under both state and federal law protections. Your Miranda rights, which are based on a ruling by the US Supreme Court, are required to be read to you by law enforcement before undergoing any custodial interrogation. Specifically, your Miranda rights include:

The right to remain silent
The right to an attorney
The right to have an attorney appointed for you if you cannot afford one

Without having legal representation present, you are not required by law to answer any questions from law enforcement about the alleged incident. It is crucial to note that any statements you make could potentially be used against you in a court of law.

What to Do if You’re Arrested in Texas

Man arrested by police. By understanding what to do during an arrest in Texas, you can take crucial steps to ensure your rights are protected and prevent any instances of self-incrimination. Here are some of the ways you can protect yourself:

Staying calm: Even if you believe that your arrest is based on unjust grounds, it is crucial to stay calm and act in a respectful manner. If you resist arrest or get angry, this could potentially lead to further charges.
Not giving your consent to a search: Unless the police have a valid warrant signed by a judge, you do not have to consent to a search of your car, home, or person. Politely assert this right by saying, “I do not consent to a search.”
Invoking your right to remain silent: You can state very clearly that you want to speak with a lawyer and would like to invoke your right to remain silent. Beyond basic identification of yourself, do not answer any questions from law enforcement.
Requesting your attorney: You should immediately ask to call your attorney. The sooner you involve a qualified criminal defense attorney in your case, the better chances you have of getting a positive case outcome.

What Happens After You’re Arrested

After getting arrested, you may be booked at a county jail or police station. Throughout the process, you’ll be photographed and fingerprinted, and you will be required to enter your personal information into the system. Following booking, you could either be released on bail, granted a bond hearing, or held in jail until your arraignment.

During this time immediately after arrest, it’s crucial to get in contact with a qualified criminal defense lawyer as soon as possible. The dedicated defense team at Pelley Law Office can quickly respond to ensure your rights and interests are safeguarded throughout the process.

Common Violations of Arrest Rights

It is not uncommon for our dedicated legal team to find arrests in Texas being made unlawfully. For example, violations that we come across include interrogation tactics that are coercive or intimidating, the failure of a police officer to read your Miranda Rights, arrests without probable cause, and unlawful searches and seizures.

If you believe that any of these violations happened during your arrest process, an experienced criminal defense attorney can call into question the legality of your arrest, potentially working to get your charges reduced or even dismissed.

Can You Be Arrested Without a Warrant?

Yes, it is possible to be arrested without a warrant under Texas law. Law enforcement officers may be able to arrest you under the following conditions without having a proper warrant:

They see a crime taking place.
They have probable cause to believe that you committed a felony crime.
They have received valid information from a witness who is credible.

Regardless of whether a warrant was issued or not, your rights still remain the same.

Your Rights if You’re a Minor or Non-Citizen

Individuals under 18 years old also have the right to remain silent and contact an attorney. Their parents need to be notified right away, and any questioning should be in compliance with legal guidelines.

Non-US citizens have the same Miranda Rights as U.S. citizens — in addition to the right to get in contact with their consulate. If you have an irregular immigration status, you should not make any false statements. Exercise your right to remain silent and contact an attorney.

What Happens If Your Rights Are Violated

If you believe that you have had your rights violated during your arrest process, a skilled criminal defense attorney can work to file a motion to get any evidence that was illegally obtained suppressed. This may result in the following outcomes:

The evidence may be discarded.
Your charges may be reduced or even dismissed.
They are able to arrange a better plea agreement on your behalf.

The dedicated criminal defense team at Pelley Law Office has the required knowledge and experience to help you bring these violations to light and push aggressively on your behalf to optimize your defense strategy.

When to Call a Criminal Defense Attorney

By speaking with a criminal defense attorney as soon as possible, you can increase your chances of better case outcomes. Even if you have not been arrested yet but believe that you could be under investigation, getting the legal help that you need can prevent damaging consequences.

A lawyer can protect your rights and interests during interrogation from law enforcement, combat any unlawful procedures, and work to get you released from jail throughout the criminal defense process. Finally, they can build up a robust legal defense strategy on your behalf.

Contact Pelley Law Office for a Free Consultation

At Pelley Law Office, our empathetic team believes that everyone is entitled to just and fair treatment, no matter who they are or what accusations they are facing. If you or someone you love has been arrested in Texas, do not go up against the system alone. Call us today at 972-608-0335 to schedule your free consultation. We can inform you about your rights and future.

Case Results

Result:

Aggravated Sexual Assault of a Child case dismissed after rejecting the D.A.’s final offer of 40-Years in prison.

Our client was accused of repeatedly raping his pre-teen daughter and was facing life in prison if he was convicted. Prior to hiring us, his bond was revoked for going near a school zone and the State of Texas indicated they never wanted him to see the light of day again. His family came to us for help. After several aggressive moves, we got all of the charges dismissed.

T.A.H.

Result:

Felony Assault by Choking/Impeding Breath case “No-Billed” by the Grand Jury and the charge was dropped.

Police arrived at the scene after neighbors called the Frisco police complaining that there was a domestic disturbance next door. They found broken china and dishes all over the floor downstairs. The fiancé was screaming and crying hysterically with red marks all over her neck and chest. Our client had locked himself in the upstairs bathroom where the police located him. With guns drawn, the police arrested our client who posted bond and made a beeline for our office. We submitted a packet to the D.A. and within about a month, the charges were dismissed and he avoided not only 10 years in prison but also a lifetime of regret and misery.

A.B.

Result:

Close to 40 State and FBI investigations for Mortgage Fraud (each carrying 99 year prison sentences). EACH AND EVERY ONE OF THE CHARGES DISMISSED!

Aggressive State and FBI investigations were conducted for several years on our client for a multi-million dollar conspiracy. Convinced that she was going to spend the rest of her life in federal prison or the state Pen, she turned to us for help. And help we did. Not only did she not spend one second in prison, all the federal charges and state charges against her were completely dismissed. Despite being caught red-handed, and despite confessing to the authorities, her criminal record is clean as a whistle.

K.D.T.

Result:

The Barbie and Ken Divorce. We got “Ken’s” assault-family violence charges dismissed and prevented “Barbie” from stealing his kids.

This affluent and very attractive couple had a toxic relationship. On more than one night, “Barbie” called the police and said that he assaulted her. “Ken” hired another criminal attorney who represented him for months throughout the pendency of their divorce. That attorney advised “Ken” to plead the case out and go on probation. Had Ken taken that horrible advice, his “family violence” admission would have deprived him full access to his children and subjected him to substantial alimony obligations. Ken fired that law firm, hired us, and in one single appearance in Court Mr. Pelley convinced the State to dismiss the case.

B.P.

Result:

CASE ULTIMATELY DISMISSED AND C.R. KEPT HIS RECORD CLEAN.

Charge: Aggravated Robbery With no mask on in broad daylight client went into a gas station with a pistol and held up the clerk for the cash that was in the safe and his face was caught on a crystal clear video surveillance camera feed. Although facing 99 years confinement, our attorney at an open plea hearing in front of the judge convinced the Court to give him deferred adjudication probation rather than sentencing him to prison.

State of Texas vs. C.R.

Result:

Two Delivery of a Controlled Substance in a School Zone cases dismissed after our Motions to Suppress were Granted.

Client had an extensive criminal history. He had everything riding on our Motions to Suppress and Brief in Support. He was looking at 40 years confinement unless Mr. Pelley won the Motion. He did. The court granted our Motion and he walked away a free man.

K.L.

Result:

Habitual felony offender who was not eligible for probation faced a minimum of 25 years in prison and up to 99 years for assaulting 4 police officers if he was indicted. All cases were dismissed.

This client was up a creek and our defense team was the only paddle that saved him. He had two prior violent felony convictions and was arrested after 2 a.m. outside of a shady lake bar drunk and accused of beating up 4 cops. Given the fact that he was 6’2″ and 240 without an ounce of fat and had a violent criminal history, his outlook seemed futile to him and his family. Nevertheless, they hired Mr. Pelley and within 2 months all charges were dismissed.

C.S.

Result:

Homicide case. She came to us immediately after she was charged with killing someone. Case dismissed.

T.O.

Result:

1st Degree Felony Motion to Adjudicate for Delivery of a Controlled Substance >200 Grams. Case Dismissed.

This client violated his probation on multiple occasions. He was facing 99 years confinement as a result of those violations. He had a warrant out for his arrest when he came in to hire us. The very first time that we appeared in Court on that active warrant we convinced the Judge to withdraw the warrant. That same morning, the Motion to Adjudicate was withdrawn, and our client’s probation was continued. No prison time. Not even any jail time.

S.M.

Result:

The State of Missouri prosecuted this person for felony theft. She originally hired an attorney in Missouri who charged her over $20,000 in attorney fees, drug out her case for over a year, and recommended that she accept the D.A.’s offer of 6 years in prison. She fired him. She hired us. Our attorney got her case dismissed in one single appearance in Court.

She was actually a Texas resident. She hired us and we got permission from the court to practice pro hac vice in Missouri for her case. Mr. Pelley made one (1) appearance in court just outside of St. Louis and within 2 weeks the felony charges were dismissed rather than her spending 6 years in prison.

W.M.

Result:

Sexual Assault Case-Dismissed without indictment.

Our client had a crazy co-worker who said he put the moves on her and sexually assaulted her at work. Facing 20 years and a lifetime of registration as a sex offender, he sought our counsel. Within weeks of hiring our criminal defense team, we ended his nightmare and got him his life and kids back.

D.D.

Result:

Federal Investigation of Money Laundering by the F.B.I. – Closed without Indictment.

Mr. Pelley convinced the federal government that this client was the victim of a conspiracy to commit wire fraud for millions of dollars rather than the rest of the gang who had actual criminal culpability. Otherwise, she was looking down the wrong end of a 20-year barrel in a federal prison. She got her life back after our team got the FBI investigation dismissed.

F.W.

Result:

Aggravated Sexual Assault of a Child charge – Dismissed.

This poor man was charged with this false allegation, jailed, and bond was set at $200,000. The family could not afford to make bond. So, they hired us to file a Writ of Habeas Corpus. At the hearing, Mr. Pelley got the bond reduced down an astonishing amount to $500 and within two weeks, he got the case dismissed.

D.J.K.

Result:

Assault Family Violence–Choking/Impeding Breath.

Police arrived on the scene after the wife went nuts and called the cops and told them that her husband choked her. They showed up and arrested him (without paying any regard to his side of the story) for a 3rd Degree Felony. He posted bond and came to see us. The case was dismissed within weeks after we submitted a “packet” to the Grand Jury and got a “No-Bill.”

K.H.

Result:

First Degree Felony Assault by a Habitual Offender Facing 99 Years in the Pen! Dismissed.

This client would not have been eligible for probation if he convicted at trial. He would have to serve a minimum of 25 years in prison. He hired us. We pressed the State for a dismissal and that is exactly what we got.

J.E.

Result:

Aggravated Sexual Assault of a Child.

His wife kidnapped his kids and the daughter made a false allegation that he molested her so that she could live with her mom. The wife filed for divorce and kidnapped the children. We not only got the charges dismissed, but also got his son back from the ex-wife.

B.D.R.

Result:

Assault Bodily Injury that left the complaining witness in the ER room. At trial, the jury returned a verdict of “Not Guilty.”

Our client was a trained killing machine that proudly served in the U.S. Marines. At trial, the State’s victim essentially testified that our client beat him to a bloody pulp. He also admitted to agreeing to the fight and after our team explained the “mutual combat” defense to the jury, they acquitted him.

B.H.

Result:

CASE DROPPED.

Charges: Felony D.W.I. 3RD OR MORE IN COLLIN COUNTY. Client was under investigation for D.W.I. 3rd or more in Collin County, Texas and hired our firm right after his arrest. We quickly conducted our own investigation and provided it to the Collin County District Attorney’s office prior to the Grand Jury meeting. The case was refused, and all charges dropped.

State of Texas vs. C.A.

Result:

CASE DISMISSED.

Charge: Assault Causes Bodily Injury—Family Violence.

State of Texas vs. S.C.

Result:

JURY RETURNED A VERDICT OF NOT GUILTY.

Charge: D.W.I. At trial, the jury watched the roadside video showing J.C. falling down getting out of the car at nearly 2 a.m. J.C. could not walk a straight line during the Walk and Turn test, could not stand on one leg without stumbling and was clearly having a difficult time stating exactly where he had been that night.

State of Texas vs. J.H.

Result:

CASE DISMISSED.

Charge: 3rd Degree Felony Assault by Choking

State of Texas vs. M.S.

Result:

ALL 4 CASES DISMISSED.

Charges: 3 separate cases of Assault Causes Bodily Injury-Family Violence and 1 Case of Interference with an Emergency Phone Call

State of Texas vs. M.J.

Result:

FOUND NOT GUILTY AT TRIAL.

Charge: Assault-Family Violence

State of Texas vs. S.O.

Result:

FOUND NOT GUILTY AT TRIAL.

Charge: Assault Causes Bodily Injury-Family Violence

State of Texas vs. S.W.

Result:

CASE DISMISSED.

Charge: Theft-Client was not a U.S. Citizen, and faced deportation if convicted.

State of Texas vs. A.Y.

Result:

CASES DISMISSED.

Charge: Burglary of a Habitation Client was caught and admitted to police that he was the primary actor in a series of burglaries of local dignitaries’ homes. Client was facing 20 years confinement on each charge.

State of Texas vs. C.M.

Result:

CASES DISMISSED.

Charge: Felony Theft by Check over $200,000. Client was accused of stealing hundreds of thousands of dollars from numerous Las Vegas casinos. A Texas resident, he hired our firm. The Las Vegas casinos threatened to pursue substantial prison time.

State of Nevada vs. A.I.

Kind, compassionate, and very competent staff!

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Mike G.

I had a very pleasant experience! Sarah was very helpful and answered my questions with no problems, and very responsive. Also, Rick was great with preparing me for my trial. The process for my Ch 7 Bankruptcy was very smooth.…

Brian P.

Our experience with Pelley Law was top-notch. Sarah was extremely informative and helpful during the entire legal process. We always felt confident we were in good hands. And Mr. Pelley was amazing at our hearing - we felt completely at…

Rebecca C.

Pelley Law Office helped us through a very difficult financial situation related to medical bills and related debt. We determined together that Chapter 7 was our best solution, and Sarah was amazing all the way through the process, providing guidance…

Allison B.

When we needed legal help most, Richard Pelley and Sarah Thorn were there for us! Richard guided us through the process, and we had the pleasure of working with Sarah to get us to the court date! It's an intimidating…

E V

The court results were better than expected and the honest care I got was truly moving. The Pelley Law office experience has been better than I could have ever hoped for. The customer service is outstanding. Quinton Pelley took on…

Katherine R.

There are so many attorneys out there offering bankruptcy services that we thought it would be a nightmare finding the right attorney for our Chapter 7 Bankruptcy. After doing some research, we were directed to Pelley Law Firm and spoke…

Stacy P.

I highly recommend Mr. Pelley, together with his two outstanding Paralegals, Michelle and Liz. I needed a Bankruptcy attorney about a year ago and after my first consultation with Mr. Pelley, I knew Pelley Law Firm would be my only…

Peggy C.

Mr. Q. Pelley & Ms. Layer there is so much I want to thank you for but I’ll try and keep it brief. I cannot stress the importance of your communication and availability in such a hard time in my…

S P

BEST ATTORNEY IN THE STATE OF TEXAS!!! I feel very Blessed that I was given the honor to have this Office represent me. Mr. Pelley and Christy are the most caring people you will ever meet, they look out for…

Jorge B.

I am extremely happy with the results and services provided to us by Mr. Quinton Pelley he has won our case and I couldn’t be any more grateful. If you ever find yourself needing to hire a lawyer I HIGHLY…

Vso P.

Pelley Law Office is a different type of lawyers office. Caring, hard working, and informative. Which is unheard of in this day and age. And when shopping for lawyers, Pelley’s Law Office was a reasonable cost because they truly do…

SoaR A.

Locations

Dallas Office
Plano Office
Sherman Office

Dallas office

400 Crescent Court, Suite 700
Dallas, Texas 75201

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