What Are the 5 Things You Must Do Immediately After an Arrest in Texas?
Five actions protect your legal position in the hours following a Texas arrest: stay calm and comply with the physical arrest, invoke your Fifth Amendment right to remain silent, call an attorney immediately, refuse consent to any search, and write down everything you remember about the encounter before your memory fades. An arrest lawyer Houston recommends every one of these five actions regardless of the charge involved.
Stay Calm & Comply
Do not resist arrest, argue, or physically confront police — even if you believe the arrest is unlawful. Resistance makes everything worse. Your legal challenge happens in court, not on the street.
Exercise Your Right to Remain Silent
Say only: "I am invoking my right to remain silent and I want an attorney." Nothing else. Do not explain, deny, or justify. Everything you say will be recorded and can be used against you.
Call an Attorney Immediately
You have the right to speak with an attorney before answering any questions. Call Herman Martinez at (713) 242-1779. Available 24/7. Do not wait until morning.
Do Not Consent to Searches
Clearly and calmly state: "I do not consent to a search." Even if police search anyway, your refusal on the record matters for a future suppression motion in court.
Document Everything You Remember
As soon as possible, write down every detail: officer names and badge numbers, what was said, what happened and in what order, any witnesses present. Memory fades — write it down now.
If DWI — Remember the 15-Day Rule
After a DWI arrest in Texas, you have exactly 15 calendar days to request an ALR hearing to contest your license suspension. Learn about the 15-Day Rule →
Your Miranda Rights — Know Them Word for Word
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."
These rights exist to protect you. The moment you waive them — even by saying "I'll just explain what happened" — you may be creating evidence against yourself. A former prosecutor knows exactly how those words get used in court. Exercise your rights every time.
What Are the Two Types of Arrests Under Texas Law?
Texas law divides arrests into two categories: misdemeanor arrests, where police must personally witness the offense to make a warrantless arrest (with limited exceptions), and felony arrests, where probable cause alone authorizes custody without the officer having witnessed the act. Each category carries different procedural rights and sentencing consequences. An arrest lawyer Houston explains this distinction to every new client during the very first call.
Misdemeanor Arrest
- Police must personally witness the offense to make a warrantless arrest (with limited exceptions)
- Examples: DWI (first or second offense), simple assault, petty theft, public intoxication
- Punishable by fines and/or up to 1 year in county jail
- Often eligible for deferred adjudication or dismissal programs
Felony Arrest
- Police can arrest without a warrant if they have probable cause — they don't have to witness the act
- Examples: felony DWI, drug trafficking, aggravated assault, robbery, murder
- Punishable by more than 1 year in state prison; some carry life sentences
- Felony convictions have lifetime consequences: voting, firearms, employment, immigration
What Are the Critical Mistakes That Hurt Your Case After an Arrest?
Five avoidable mistakes consistently damage criminal defense cases: talking to police without an attorney present, posting about the case on social media, waiting too long to hire counsel, contacting witnesses or alleged victims directly, and assuming the case is already lost without reviewing the evidence. An arrest lawyer Houston sees these same five mistakes repeat themselves in case after case.
Talking to Police Without an Attorney
You cannot talk your way out of an arrest. You can only create more evidence against yourself. "I only had two beers" is a statement that will follow you. Silence is your right and your protection.
Posting on Social Media
Everything you post — photos, check-ins, status updates — becomes potential evidence. Prosecutors routinely search defendants' social profiles. Say nothing online about your case, ever.
Waiting to Hire an Attorney
Evidence degrades quickly. Witnesses move on. Surveillance footage gets overwritten. The first hours and days after arrest are the most critical for building a defense. Early attorney involvement produces better outcomes.
Contacting Witnesses or Alleged Victims
This can be charged as witness tampering or obstruction of justice — separate and serious crimes. Leave all contact with anyone related to your case to your attorney.
Assuming the Case Is Already Lost
Many charges that seem airtight have real defense options: illegal stops, improper search, Miranda violations, faulty equipment, witness credibility. Herman Martinez has achieved dismissals and not-guilty verdicts in cases clients thought were hopeless. An arrest lawyer Houston evaluates every case for real defenses before ever assuming the outcome is fixed.
Herman Martinez served as a prosecutor in Harris County for years — including as Chief Prosecutor — before becoming one of Houston's most respected defense attorneys. He knows exactly what prosecutors look for, what they target, and where their cases can be challenged. That insider knowledge is the advantage you need on your side. That insider knowledge is exactly what an arrest lawyer Houston with prosecutorial experience brings to every case. Learn why this matters →
If you were arrested for DWI specifically, the most time-sensitive step is the 15-day ALR deadline to contest your license suspension — see the 15-day rule page for what happens if you miss it and how Herman files the request immediately. For a summary of what to look for in a criminal defense attorney and what questions to ask at a consultation, see the guide to hiring a criminal defense lawyer. An arrest lawyer Houston handles both the DWI-specific ALR deadline and the broader criminal defense strategy together.
Frequently Asked Questions: After an Arrest
No. Innocent people are convicted every year partly because they tried to explain themselves without an attorney. Talking without legal guidance can cause you to accidentally omit details that later look like deception, use inconsistent wording that prosecutors exploit, or volunteer information that opens new lines of investigation. Your attorney will speak for you. Exercise your right to silence.
The 15-day rule applies specifically to DWI arrests in Texas. After a DWI arrest where you were asked to take or refused a breath/blood test, you have 15 calendar days to request an Administrative License Revocation (ALR) hearing with the Texas DPS. If you miss this deadline, your license is automatically suspended — no exceptions. Full details on the 15-Day Rule →
Police can search you or your vehicle without a warrant in specific circumstances — incident to a lawful arrest, with probable cause in a vehicle, or with your consent. Never consent. Stating "I do not consent to a search" clearly and calmly preserves your Fourth Amendment rights for any later suppression motion, even if police search anyway.
In Texas, police can hold you for up to 48 hours without filing formal charges (with some exceptions for specific offenses). A judge can extend this in serious cases. You have the right to know the charges against you. If you are held beyond the legal limit, your attorney can challenge your detention. An arrest lawyer Houston challenges any detention that exceeds the legal time limit.
Contact an attorney immediately — before signing anything with a bail bondsman. An experienced defense attorney can argue for bail reduction at a hearing, challenge the amount set, or seek your release on personal recognizance (PR bond) in appropriate cases. Don't make financial commitments before exploring all options.
An arrest creates a criminal history record even before any conviction. However, if charges are dismissed or you are acquitted, you may be eligible for expunction — which removes the arrest from public records entirely. If you receive deferred adjudication and successfully complete it, a non-disclosure order may seal the record from most employers. Herman files for expunction as soon as eligibility is established. An arrest lawyer Houston files for expunction as soon as eligibility is established, without waiting to be asked.
An arrest is when police take you into custody. Being formally charged means a prosecutor has filed a charging instrument — an information (for misdemeanors) or an indictment from a grand jury (for felonies). You can be arrested without being charged if prosecutors decline to file or the grand jury refuses to indict. An experienced attorney can intervene before formal charges are filed to prevent indictment in some cases.
Public defenders are qualified attorneys, but they carry enormous caseloads and have limited time per client. A private attorney can dedicate substantially more time to your case — gathering evidence, filing pretrial motions, negotiating with prosecutors, and preparing a thorough defense. For serious charges where incarceration, your career, or your record is at stake, a dedicated private criminal defense attorney typically produces meaningfully better outcomes. An arrest lawyer Houston in private practice can dedicate substantially more time to a case than a public defender's caseload typically allows.
Arraignment is the court appearance where you are formally advised of the charges against you and enter an initial plea — almost always "not guilty." It is not a trial, and your "not guilty" plea at arraignment does not lock you into any strategy. It preserves your rights and allows time to investigate. Herman typically accompanies clients to arraignment to handle all court formalities and begin the defense process immediately.
Immediately — ideally within hours of release. Evidence degrades quickly: surveillance video is overwritten, witnesses' memories fade, and physical evidence can be lost. For DWI arrests, the 15-day ALR deadline begins at arrest. The earlier Herman is involved, the more options he has — including potential pre-charge intervention that prevents formal filing altogether. An arrest lawyer Houston involved from the very first hour has more options than one retained days or weeks later.