Accused of a crime?

Know your rights! What you need to know before going to court:

The prosecutor is NOT your friend. The prosecutor works for the state of Texas. The prosecutor cannot give you legal advice.

The judge will require you to get a lawyer or hold you to the same standard of a lawyer. GET A LAWYER!!!

Anything you say to the prosecutor or judge WILL be used against you in Court.

Foreign nationals have a right to speak to the consul from their home country.

Many convictions carry penalties and sanctions not contained in the Penal Code. For example, losing the right to carry a concealed handgun, surcharges and fees for obtaining and keeping your driver’s license.

All misdemeanors above a Class C carry a possible jail sentence.

What to do if you are stopped by a police officer:

Be polite and respectful. Remember you are probably being recorded by video and audio.

Have driver’s license and proof of insurance (and concealed handgun license if you have one) ready to give to the officer.

Answer questions directly and do not ramble on. If you cannot tell the truth, politely refuse to answer. Everything you say will be held against you.

Ask if you are under arrest. If no, ask to leave. If yes, tell the officer you will answer any questions and perform any tasks/tests, ONLY IF YOUR ATTORNEY IS PRESENT. Otherwise, decline all requests and any searches.

If the officer requests to search your car, politely refuse.

If you are asked to perform any field sobriety tests, politely refuse.

If you have had ANY alcoholic beverages, politely refuse to take the portable breath test.

If you have had NO alcoholic beverages, agree to take the portable breath test.

If you are arrested, request to speak with an attorney immediately. Do not speak with the officer on the roadside or in his car. Everything you say will be held against you.

Once at the station, request to speak with an attorney before answering any questions or performing any field sobriety tests or taking a breath test.

Always ask to speak to an attorney before agreeing to:

Answer any questions.

Take any tests.

Perform any tasks.

Allow a search of yourself, belongings, home or car.

Know your rights:

You have a right to an attorney.

The 6th Amendment to the US Constitution states in part that a person is entitled “to have the assistance of counsel for his defense”. This right to counsel means that if a suspect asks to speak with an attorney before or during questioning by the police, the police must cease the questioning immediately and may not begin again until the suspect’s attorney is present. Rather than get angry, scared or frustrated and say something that can only make things worse for you, just politely ask to speak with your attorney. Make it clear that you do not wish to be questioned until your attorney is present.

Everything you say and do will be used against you.

Do not limit your options or the strategies available to your attorney before you’ve even made that first call from the jail. When the police officer politely asks if you would like to tell your side of the story, he isn’t trying to figure out a way to justify letting you go. The officer is trying to figure out a way to justify arresting you. He is collecting evidence. Exercise your right to remain silent.

The 5th Amendment to the US Constitution states in part: “No person… shall be compelled in any criminal case to be a witness against himself... ” Notice it specifically says “compelled” which means forced or required. As long as any statements you make are voluntary, and you have not been compelled to say anything, those statements are admissible as evidence against you. On the other hand, if you choose not to answer the officer’s questions, you effectively deprive the officer, and later the prosecutor, of that evidence.

Myths

Q: Can a police officer “make things easy” for me if I “cooperate” with him?

A: No. Beware of the “cooperation” factor. Many times an officer will tell individuals under investigation that he can make things easier for them if they cooperate. A police officer has absolutely no authority to “make things easier” for you or affect the outcome of your case once he sends the report to the DA’s office. Any favors you may receive for cooperating with the police end at the station house door.

Q: Does a police officer have to give me the Miranda warnings before asking me any questions?

A: No. Unless you are under arrest, Miranda does not apply.

Q: Does a police officer have to give me the Miranda warnings when he arrests me?

A: No. Miranda only applies to questioning by the police.

If you have been arrested, what you do in the first 24 hours can make all the difference.

If you’ve been arrested for a serious crime, your freedom, your reputation, and your livelihood could depend on the decisions you make in the first 24 hours. You should not talk to the police, your employer, the newspapers, even your family or anyone else about your arrest. Any attempt you make to explain the situation could only make matters worse and may work against certain legal defenses you may have. The only person you should talk to is an experience criminal defense attorney. The sooner you call Hill & Hill, the better off you will be.

If you have already spoken to the police, you may have provided information that can be used against you.