If You Are Arrested
When you stand accused of a crime, your entire future is in jeopardy. You may face time in jail or prison, and your reputation may be ruined. A criminal record can make it extremely difficult to find employment and housing later on, and you may lose professional licenses and face other sanctions that will impact every area of your personal and professional life. With these consequences in mind, it is essential to involve an attorney who will fight for your rights and freedom.
At Redmond and Eiland, PLLC, we are committed to building powerful defenses against criminal charges and investigations. Our criminal defense lawyers know what is at stake and we will fight for your constitutional rights with everything we have. Our team of lawyers are experienced, diligent and prepared to protect your interests to the fullest extent.
IF YOU ARE ARRESTED, DO NOT OFFER ANY STATEMENT TO THE POLICE, IT CAN BE USED AGAINST YOU IN A COURT OF LAW.
Do you have to tell a police officer your name in Texas?
The short answer: NO, as long as you are not under arrest. Some states have "stop and identify" laws or statutes, however, Texas does not. You do not have to give your name to a police officer, unless you are under arrest. If you are arrested, it is a crime to refuse to give your name. And you CANNOT give a false name under any circumstances. If you are detained or are a witness, it is a crime to give a false name, address, or date of birth.
Do I have to answer questions asked by law enforcement officers?
No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions.
Are there any exceptions to the general rule that I do not have to answer questions?
Yes, there are two limited exceptions. First, in some states, you must provide your name to law enforcement officers if you are stopped and told to identify yourself. IN TEXAS But even if you give your name, you are not required to answer other questions. Second, if you are driving and you are pulled over for a traffic violation, the officer can require you to show your license, vehicle registration and proof of insurance (but you do not have to answer questions).
Can I talk to a lawyer before answering questions?
Yes. You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions. If you do have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer. Remember to get the name, agency and telephone number of any law enforcement officer who stops or visits you, and give that information to your lawyer.
What if I speak to law enforcement officers anyway?
Anything you say to a law enforcement officer can be used against you and others. Keep in mind that lying to a government official is a crime but remaining silent until you consult with a lawyer is not. Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer.
If you are someone you know has been arrested, CONTACT US today to discuss how our attorneys can possibly help your situation.