If You're Arrested: A Step-By-Step Guide

Step 1. Stay Calm and Know Your Rights
  • You have the right to remain silent.
  • Say only what’s required: your name, date of birth, and address. You do not have to answer other questions without a lawyer.
  • Ask politely: “Am I being detained, or am I free to go?”
Step 2. Request Legal Counsel Immediately
  • You have the right to a lawyer. If you can’t afford one, the court can appoint one for you.
  • Tell officers you are invoking your right to remain silent until you speak with your lawyer.
  • Your lawyer must meet you privately and keep your information confidential.
  • Your lawyer can provide an interpreter if needed.
Criminal justice flowchart described by Travis County Public Defender
Step 3. During Interrogation
  • Use a clear script: “I’m choosing to remain silent and would like to speak with my lawyer.”
  • Do not sign anything or give statements without legal advice. If pressured, repeat your request for co-unsel.
Your lawyer’s role (what you should expect)
  • Your lawyer should:
    • Contact you promptly (typically within 4 working days, charges may affect timing).
    • Speak with your family if you want.
    • Learn your story, review evidence, and talk to witnesses for you.
    • Seek release with the fewest conditions possible.
    • Explain your charges, court dates, your right to a trial, and case progress.
    • Be honest, even with difficult news.
  • If these basics aren’t happening, you can ask the judge for a new lawyer
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Step 5. Decisions you can make with your lawyer
  • Go to trial or take a plea.
  • Help prepare your defense.
  • Choose a judge or jury trial.
  • Decide whether to testify.
  • Request fee waivers if you can’t afford court costs.
  • If you’re not a U.S. citizen: ask about immigration consequences; your lawyer can contact your consulate
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Quick Rights Checklist
  • You have the right to a lawyer. If you cannot afford one, the court will appoint one for you.

  • You do not have to answer questions without a lawyer present..

  • Your lawyer must meet you privately and keep your information confidential.

  • Your lawyer can provide an interpreter if needed.

Where to get help (Texas)
  • 📞 512-477-6000

  • 📞 512-637-5220
    (Mon 12-5pm; Thu 10am - 1pm)

  • 📞 512-374-2700
    https://trla.org

  • 📞 512-270-1515

  • 📞 512-454-4816 / 800-252-9108
    📧 disablitityrightstx.org