Criminal Law Frequently Asked Questions

My Rights
Someone I know has been arrested, what should we do?
I have not been arrested, but I have been accused of a crime. What should I do?
Is it better to accept a plea bargain or go to trial?
What is a Criminal Law Board Certified Attorney?
 
General Information about DWI/DUI
What is DWI?
What is .08 alcohol concentration?
Is it .08 or more when I drive or .08 or more at the time I'm tested, or both, that will make me guilty of DWI?
If I am arrested will I lose my driver's license?
What if I need to drive during the suspension period?
How do I get my license back?
Does it make a difference if I'm under 21?
What is the Range of Punishment on a DWI?
What is the typical process after a DWI arrest in Texas?
How can I clear my record?
 
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My Rights

All law officials may arrest a person. Examples of law officials are police officers, sheriffs, highway patrol officers and district attorney office investigators, parole officers and probation officers - on or off duty.

An arrest warrant is required unless a law official has probable cause to believe you have committed a felony. A law official does not have to witness a felony to make an arrest without a warrant. A law official does have to witness a misdemeanor to make an arrest without a warrant.

The United States Constitution guarantees your "Miranda" rights whether you are a citizen or non-citizen. Before a law officer questions you, they must tell you:

  • You have the right to remain silent.
  • Anything you say may be used against you.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be appointed for you.

If you are arrested and not "read your rights", your attorney can ask that any information you gave to law officials not be used against you in court. This does not apply if, after arrested, you voluntarily give information to law officials without them requesting it or questioning you.

You can be questioned without an attorney present only if you voluntarily give up that right and understand what you are giving up. If questioning begins and you then change your mind and decide that you want an attorney present, law officials must stop questioning you until your attorney arrives. If, however, you volunteer information while waiting for your attorney, that information can be used against you.

You may be asked to give physical evidence, such as a blood sample or a Breathalyzer test. You may refuse, but your refusal may have consequences and the fact that you refused can be used against you. Please consult with your attorney before agreeing or declining to provide physical evidence.

Once your arrest is recorded, or you are "booked," including a photograph and fingerprints, you are entitled to make telephone calls as long as they are free. (Within your local area.)

 



     
 
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