Frequently Asked Questions

An arrest in Texas does not mean guilt, but it does begin a legal process that moves quickly and can affect your freedom if not handled properly.

After an arrest, the following typically occurs:

• Booking: fingerprints, photograph, and charges

• Detention or release, depending on the offense and bond

• Appearance before a magistrate (usually within 48 hours)

During this appearance, the judge:

• Informs you of the charge

• Explains your right to remain silent and your right to an attorney

• Sets bond and conditions of release

This moment is critical. Any statement you make can later be used against you. It is important to consult with an attorney before making any statements.

Key point: At this stage, the State has not proven anything. Early intervention by an attorney can influence bond, charges, and the preservation of evidence. This is not the stage to fight your case—you will have the opportunity to do so when you appear for trial with your attorney.

Yes. In Texas, misdemeanors often involve jail time, probation, fines, and permanent criminal records.

Common mistakes:

• “It’s just a misdemeanor.”

• “I’ll just pay the fine.”

The reality:

• Class A misdemeanors can carry up to 1 year in jail

• Class B misdemeanors can carry up to 180 days in jail

• Strict probation conditions

• Immigration, employment, and licensing consequences

• Firearm restrictions

Even Class C offenses can escalate if ignored.

Important: Prosecutors handle misdemeanors every day. Appearing without an attorney puts you at a disadvantage from the start.

An attorney is not only for trial, but also to seek dismissals, negotiate plea agreements, or pursue alternative programs early in the case.

In most cases, no.

In Texas, anything you say can be used against you—even statements you believe are helpful.

Common mistakes:

• Trying to “explain” the situation

• Consenting to searches

• Giving statements or timelines without legal advice

Police investigate crimes; they do not determine innocence. Innocent people often harm their own cases by speaking without an attorney.

Your rights:

• The right to remain silent

• The right to an attorney

• The right to refuse searches

Exercising these rights is not an admission of guilt. It is legal protection. Always consult with an attorney beforehand.