“OH GOD! I’M BEING PULLED OVER!”
That sinking feeling when the flashing lights appear in your rearview mirror…
Your heart races, anxiety creeps in, and a million questions race through your mind.
“What did I do wrong?”
“Am I in trouble?”
“What should I say or do?”
These moments are overwhelming, and it’s easy to feel powerless and confused.
But here’s the truth: knowing your rights can make all the difference and an experienced criminal defense attorney can help you with that.
When you’re stopped by the police, understanding exactly what you can and cannot do isn’t just a good idea—it’s essential to protect yourself.
Let’s break down what you need to know so that you’re never caught off guard during a police stop in Texas.
1. The Right to Remain Silent
One of the most important rights you have during a police stop is the right to remain silent. Under the Fifth Amendment, you are not required to answer any questions that may incriminate you.
If you’re unsure whether to answer a question, it’s often best to politely decline by saying, “I choose to remain silent.”
This is especially important if the questions pertain to your involvement in any criminal activity. While you must provide basic information such as your name and address, you are not obligated to discuss other details.
2. The Right to Refuse a Search
In Texas, law enforcement officers may ask to search your vehicle, belongings, or person during a police stop. However, you have the right to refuse a search if they do not have a warrant or probable cause.
Politely but firmly state, “I do not consent to a search.” This refusal can be critical in protecting your rights, as any evidence found during an unlawful search may not be admissible in court.
However, remember, if an officer has a warrant or probable cause, they may proceed with the search regardless of your consent.
3. The Right to Ask If You’re Free to Leave
If you find yourself in a situation where you are unsure whether you are being detained or are free to leave, you have the right to ask the officer directly, “Am I free to go?” If the officer says yes, you may calmly and quietly walk away.
If the officer says no, this means you are being detained, and you should not attempt to leave. At this point, it’s crucial to remember your right to remain silent and to contact your criminal defense lawyer as soon as possible.
4. The Right to Legal Representation
If you are detained or arrested during a police stop in Texas, you have the right to legal representation. Requesting a criminal defense attorney in Texas is your legal right, and you should exercise it immediately.
A knowledgeable criminal law attorney can ensure that you and your rights are protected throughout the process.
Make sure to avoid making any statements or decisions without your lawyer present, as this can significantly impact your case.
5. The Right to Record the Interaction
In Texas, you have the right to record your interaction with the police as long as you do not interfere with their duties.
Recording can provide a clear account of what occurred during the stop, which can be valuable evidence if your rights are violated. If you choose to record, inform the officer that you are doing so, and ensure that your actions do not obstruct their work.
Consult a Criminal Lawyer From The Law Office of Robert M. Maurer II & Associates
If you’ve ever faced the uncertainty of a police stop in Texas, you know how crucial it is to be well-informed about your rights.
At The Law Office of Robert M. Maurer II & Associates, we’re dedicated to ensuring you’re never left vulnerable in these situations.
Our experienced criminal defense attorneys in South Texas are here to provide you with the legal support you need 24/7.
Whether you’ve been stopped by the police or are facing more serious charges, our Spanish-speaking criminal law attorneys in Texas can help you out. So, contact us now.
