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Temple Criminal Defense > Blog > Misdemeanor > Your Rights After A Misdemeanor Arrest In Temple, TX

Your Rights After A Misdemeanor Arrest In Temple, TX


Being arrested for a misdemeanor can be an extremely anxiety-inducing and scary experience. It can be difficult to know precisely what you should do, especially if you believe you have been wrongfully arrested or if you suspect that bias was a major factor in your arrest. In the event that you are arrested for any type of criminal offense in Texas, including any type of misdemeanor crime, you should know that you have protections according to a range of laws. To be sure, you should know that you have rights that could result in your arrest being unlawful if it violated one of the constitutional amendments. In addition, evidence used against you after an arrest in the event that you are charged with a criminal offense could be thrown out if it was obtained unlawfully.

You Have a Right to Remain Silent 

The police in Texas can ask you questions at any time when you are out in public, but generally speaking, you are not required to answer. You have a right to remain silent both prior to an arrest and after an arrest. If you are arrested, the police must inform you that you have the right to remain silent — this is a right you have under the Fifth Amendment of the U.S. Constitution. If you do choose to remain silent to avoid saying anything incriminating, the fact that you exercised your right to remain silent cannot be used as evidence of your guilt later on if you are charged with the offense for which you were arrested. If you are not informed of your right to remain silent after an arrest, any information that the police obtain from you likely will be thrown out and cannot be used against you.

You Have a Right Against an Unreasonable Search 

If you are arrested because the police searched you and found something illegal on your person or in your home or vehicle, it is important to know that the search may have been unlawful if the police did not have a warrant and did not have reasonable suspicion to conduct the search. While you might be inclined to argue with the police about the legality of the search, it is usually best practice to calmly invoke your right to silence and to contact an experienced defense attorney as soon as possible.

You Are Entitled to an Attorney 

After an arrest does happen, you have a right to an attorney. Not only do you have a right to a lawyer under the Sixth Amendment of the U.S. Constitution, but the police also must inform you of this right when you are arrested. Generally, the information that the police must give you — including information about your right to remain silent, your right to an attorney, and your ability to have an attorney even if you cannot afford one — is information that is relayed as part of the Miranda warnings. You must be informed of these rights, and then you do indeed have the right to remain silent and a right to a lawyer following an arrest.

Contact a Temple Defense Lawyer 

If you were arrested for a misdemeanor offense, you should get in touch with one of the experienced Temple misdemeanor defense lawyers at The Law Office of Katie L. Gomez, PLLC to discuss your options.




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