If facing arrest, and in need of a criminal defense attorney, there are a few things that you should keep in mind. Sometimes, circumstances arise that cause a person to be on the wrong side of the law, often leading to an arrest. If this happens to you, it is important to take steps to protect your rights and your freedom.

As your criminal defense attorney, it is my job to ensure that you have the best representation possible. Often times this starts before the case ever reaches a judge, and unfortunately the road to a conviction can begin long before I have the opportunity to meet with you. Interrogation by police officers can elicit confessions, true or false, and can greatly influence how your case progresses. There are two things I always advise my clients to remember if you have the misfortune to be placed under arrest in Houston.

According to the 5th Amendment of the Constitution of the United States, you are protected from self-incrimination. This means that you are not required to speak with a police officer after your arrest. Many police officers will make an effort to speak with you and ask you questions in connection to a crime that has been committed and in an effort to link you to that crime. It is important for you to remember two very simple points. First, the police office is there to solve a crime with you as the prime suspect. And second, the police officer is not your friend, nor has your best interests at heart. A police officer and a prosecuting attorney are seeking to prosecute someone and if your statements, however innocent, they appear to you, can be used against you, they will be. As a criminal defense attorney, we recommend that you avoid speaking with the police entirely, unless you have an attorney present.

Further, never make any kind of incriminating statements or admit to a crime until you have had the opportunity to speak with your lawyer. The police in Texas are required to read you your rights, including your Miranda rights, only once they make a decision to arrest you. Prior to reading you your rights, many police officers will stretch the limits of the boundaries placed upon them and ask you multiple questions. Prior to being arrested, you should always limit what you say to the police officer as it can lead to an arrest and provide them with evidence that can be used in court later on. Miranda was the Supreme Court’s way of limiting what a police officer can make you say, and ensuring that people understand that they are entitled to have an attorney present prior to questioning. Find out if you are under arrest, and immediately ask to speak with your criminal defense attorney if you are.

When speaking with the police, you should also remember that they are not allowed to conduct a search without your permission or a warrant.  Do not give your permission because police have been known to find things that are completely innocent and use them as an excuse to make an arrest. If you are in trouble and need help – call our office right away.