Getting arrested is an incredibly stressful experience that can have long-lasting consequences. The steps you take in the moments and hours following your arrest can either help or seriously hurt your chances of a better outcome. Understanding your rights and making thoughtful decisions can influence how your case unfolds. Here’s what you need to know.
When you’re facing arrest in Texas, your behavior matters. How you act can either calm the situation or make it worse. How you handle yourself can directly affect the charges you may face, as Texas law is designed to penalize actions that escalate an arrest. Law enforcement officers are trained to manage tense situations, and any signs of resistance—whether verbal or physical—could lead to additional charges.
Under Texas Penal Code § 38.03, resisting arrest, search, or transportation is classified as a Class A misdemeanor. This includes any physical action intended to prevent an officer from doing their job, such as pulling away during handcuffing or struggling with officers. If the resistance involves the use of a deadly weapon, the charge becomes a third-degree felony, which could mean 2 to 10 years in prison and a fine of up to $10,000.
Even if you’re not physically resisting, arguing with officers can still lead to charges under Texas Penal Code § 38.15 (Interference with Public Duties). This law makes it an offense to interfere with a public servant’s duties, including law enforcement during an arrest. Verbal resistance, especially if you refuse to comply with lawful commands, can result in a Class B misdemeanor, with up to 180 days in jail and a fine of up to $2,000.
Evading arrest is another serious offense that can complicate your legal situation. Under Texas Penal Code § 38.04, evading arrest occurs when a person intentionally flees from someone they know is a law enforcement officer attempting to lawfully arrest or detain them.
If the evasion is done on foot and it’s a first-time offense, it is usually classified as a Class A misdemeanor. However, if the individual uses a vehicle to evade arrest, the charge escalates to a felony, which can result in up to two years in jail . In more severe cases, such as if someone is injured or killed during the evasion, the charges can increase to a third-degree or second-degree felony, leading to harsher penalties.
Both resisting and evading arrest can significantly complicate your case, leading to more charges and harsher penalties on top of the original offense. Understanding the seriousness these actions and their potential consequences is incredibly important for anyone facing such charges.
Texas law takes any form of aggression or threatening behavior toward law enforcement very seriously. Under Texas Penal Code § 22.01(b), assaulting a public servant—even if it’s just perceived as a threat or an aggressive movement—can be charged as a second-degree felony. Actions like raising fists, making sudden movements, or verbally threatening an officer can lead to severe charges, even if no physical contact occurs.
These laws are in place to protect the safety of officers and to prevent situations from escalating into violence. Beyond the legal consequences, any aggressive behavior can be used against you later in court, potentially weakening your defense. Staying calm isn’t just about avoiding more charges; it’s about protecting your credibility and making sure the situation doesn’t get out of control.
By understanding how your actions during an arrest can lead to more serious charges, you can better manage this difficult moment. But knowing when to speak and when to remain silent is just as important. Invoking your right to silence is the next key step in protecting yourself and building a strong defense.
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As you’ve likely heard before, anything you say can be used against you—and it will be used to help build the prosecution’s case. Once you’re under arrest, law enforcement is focused on gathering evidence to support the charges against you. It might feel natural to explain your side, but even innocent statements can be twisted to fit a narrative that harms your defense.
The Fifth Amendment and Article 38.22 of the Texas Code of Criminal Procedure protect your right to remain silent and not make any statement at all. It’s important to use this right immediately by calmly refusing to answer any questions without a lawyer present. In Texas, what you say can heavily influence your case, so exercising this right is a must.
Invoking your right to silence isn’t just a formality—it’s a vital part of protecting your legal position. The Salinas v. Texas (2013) case emphasizes that you must clearly state your intent to remain silent for this right to be fully recognized. To safeguard yourself, stick to basic identification details and clearly request legal representation.
While knowing when to stay silent is important, it’s equally necessary to understand your rights regarding searches by law enforcement.
The Fourth Amendment and Article 18.01 of the Texas Code of Criminal Procedure protect you from unlawful searches. In Texas, law enforcement generally needs a warrant to conduct a search unless there are urgent circumstances, like the imminent destruction of evidence.
You are not obligated to consent to a search of your person, vehicle, or home unless officers have a valid warrant. Even if they proceed with a search, your refusal to consent can be valuable in challenging the legality of the search later in court. Evidence obtained unlawfully can often be excluded, which can significantly impact the prosecution’s case.
Understanding these protections helps ensure that your rights are respected and that any evidence against you is carefully scrutinized. But knowing your rights is just the beginning—you also need to handle evidence carefully to avoid further complications.
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After an arrest, you might feel tempted to hide or destroy evidence you think could be used against you. However, this is a serious mistake. Tampering with evidence is a crime under Texas Penal Code § 37.09 and can lead to new charges that might severely damage your defense. Destroying or hiding evidence not only adds legal trouble but also undermines your credibility in court.
Instead, preserve all evidence and share it with your attorney. A solid defense often relies on addressing evidence directly rather than trying to eliminate it. This approach allows your attorney to assess the evidence and build a strategy that may include challenging its validity or context.
Handling evidence properly is important, but so is getting the right legal guidance to handle these complex issues.
Every moment you wait to contact an attorney is time the prosecution is using to build its case against you. Criminal law is complicated, and the stakes are too high to go it alone. An experienced criminal defense attorney will give you immediate advice on what to say (or not say) and will start gathering evidence and witnesses while the details are still fresh. Quick legal action can make the difference between a strong defense and a weakened one.
The period right after an arrest can set the tone for everything that follows. The choices you make during this time can have long-lasting effects. By staying calm, asserting your rights, refusing unlawful searches, preserving evidence, and securing legal counsel quickly, you establish the foundation for a strong defense. These steps aren’t just about avoiding immediate trouble—they’re about protecting your future.
Facing the legal system is never easy, but you don’t have to face it alone. With over 15 years of experience, Brett Podolsky understands the complexities of criminal law in Houston. If you or a loved one is dealing with legal challenges, consider reaching out to his office to discuss how he can help. Early legal support can make a considerable difference in your case and provide you with the guidance you need during a difficult time.
