Facing criminal charges in Texas can be overwhelming, but understanding your rights is essential to protecting yourself legally. Texas law provides individuals with specific protections during arrest, detention, and trial. Here’s a guide to what you can expect and how to safeguard your rights during the process with the help of a Texas criminal defense lawyer.
Your Rights During an Arrest
If you’re arrested in Texas, the law ensures several protections under the U.S. Constitution, particularly the Fourth, Fifth, and Sixth Amendments. These include:
The Right to Remain Silent
When arrested, you don’t have to answer questions from law enforcement other than providing basic identifying information like your name. Anything you say can be used against you, so it’s best to exercise this right until you consult a criminal lawyer.
The Right to Know the Charges Against You
Police must inform you why you are being arrested. This ensures you understand the accusations and the legal grounds for your detention.
Protection Against Unlawful Search and Seizure
Law enforcement must have probable cause or a warrant to search your property. If this right is violated, any evidence obtained may be inadmissible in court.
Your Rights During Detention
Once in custody, additional rights come into play:
- The Right to Legal Representation
You have the right to an attorney. If you cannot afford one, the court will appoint a public defender. Consulting a skilledcriminal defense lawyer in Texasis crucial to ensure your rights are upheld. - The Right to Bail
In many cases, you can request bail to secure your release while awaiting trial. A lawyer can help argue for a reasonable bail amount based on your circumstances. - The Right to Humane Treatment
Detained individuals are entitled to humane treatment and medical care if necessary. Mistreatment or abuse by authorities is against the law.
Your Rights During Trial
When facing trial for criminal charges in Texas, the judicial system provides the following protections:
- The Right to a Fair Trial
Every individual has the right to a trial before an impartial jury. Your lawyer can challenge potential jurors to ensure fairness in your case. - The Right to Present a Defense
You can call witnesses, provide evidence, and cross-examine the prosecution’s witnesses to challenge their case. - Protection Against Self-Incrimination
You cannot be forced to testify against yourself in court. This is a cornerstone of your constitutional rights. - The Right to Appeal
If you believe your trial was unfair or the verdict unjust, you can appeal to a higher court.
Understanding your rights when facing criminal charges in Texas is your first step toward building a strong defense. If you’re navigating the complexities of a criminal charge, seek advice from an experienced lawyer to safeguard your future.
At the Law Office of Robert M. Maurer II & Associates, we offer more than just legal representation—we provide personal connections and deep ties to the South Texas community.
With over 30 years of experience handling cases across courthouses in San Antonio and South Texas, we’re dedicated to protecting the rights of Texans. Whether you need a DWI lawyer, a sexual assault defense lawyer, or a trusted criminal defense attorney, our team is here to fight for you. Call now!
