Knowing that the police are investigating you about a possible crime is not a comfortable feeling. That same stress can be more acute when you are stopped by police or actually arrested. No matter what happens with law enforcement, you still have certain rights as a Texan and American.
However, the onus is on you, in many cases, to assert those rights. Below are some essential tips for dealing with the police.
Do Not Say Anything
This is, perhaps, the most important piece of advice for Texans suspected of a crime. You have a Constitutional right not to incriminate yourself. Police officers often employ a variety of tactics in order to get an incriminating statement from a subject or target of an investigation. Just remember: if the police try to get you to speak about something pertaining to an alleged crime, respectfully but assertively say that you will not speak without a lawyer present. After an arrest, there is no convincing the police to simply let you go.
Police Are Not Allowed to Search Your Home or Car Except in Special Circumstances
Your Constitutional rights extend to searches of your property. Unless the police have a search warrant approved by a judge or you consented to a search, law enforcement is not permitted to search your car or home. No matter how many times a police officer asks for permission to conduct a search, you should decline.
In some cases, police officers are permitted to search your car if they spot something incriminating in plain sight. However, this must occur only after they have pulled you over for a legitimate reason. If you are arrested or detained, the police may pat you down for any weapons or contraband.
Resisting Arrest Does Not Always Mean You Ran from the Cops
Most people hear “resisting arrest” and think of suspects who led police on a high-speed chase or physically fought with the police. While those actions usually result in a charge for resisting arrest, more benign actions can also result in this charge. Going limp or not putting your hands in the air when instructed can earn you one count of resisting arrest.
You might be tempted to resist an arrest for a crime you know you didn’t do. However, the time to fight the charge is not during your interactions with the arresting officer.
An Attorney is Your Best Resource
The criminal justice system is confusing and scary for most Texas defendants. It can be easy to lose sight of the best course of action for you, which is to stay silent, comply with police orders, and call an attorney as soon as you can.
Our firm focuses on providing Texans with aggressive and strategic criminal defense services. Don’t hesitate to take action after you have been arrested. Call us at (214) 833-9414 or email us at contact@rosscrimlaw.com.
Law Office of Kevin B. Ross, P.C.
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