Tips to Follow If You Are Arrested in Texas

 Posted on August 14, 2026 in Criminal Defense

If you're arrested in Texas, the most important things to do are stay calm, avoid answering questions beyond identifying yourself, and ask for an attorney right away. What you say and do during an arrest can significantly affect the outcome of your case. Knowing how to protect yourself in the moment can make a real difference.

If you've been arrested in 2026, our Georgetown, TX criminal defense lawyers can help you understand your rights and next steps.

What Should You Say to Police After Being Arrested?

If you are lawfully arrested in Texas, you must provide your name, home address, and date of birth when asked. Under Texas Penal Code Section 38.02, refusing to provide this information after a lawful arrest can be a separate offense.

Beyond basic identifying information, you generally have the right to remain silent. The Fifth Amendment protects you from being forced to provide statements that may incriminate you. You can clearly say that you want to remain silent and that you want to speak with an attorney before answering questions about the alleged offense.

Police may ask questions in ways that seem casual or friendly. But statements you make can still be used as evidence. Waiting until you have spoken with an attorney can help you avoid giving information that could hurt your case.

Why Do Police Sometimes Continue Questioning After You've Requested a Lawyer?

If you are in custody and clearly request an attorney during police questioning, officers generally must stop the interrogation until an attorney is available. The exception is if you later choose to restart the conversation yourself. Your request for an attorney must be clear.

Police may still communicate with you about routine matters that are not part of an interrogation. If you have asked for an attorney, it is usually best to avoid discussing the case and wait until you have legal advice.

What Should You Do During the Arrest Itself?

Staying calm and cooperative during the physical process of arrest can help prevent additional charges and protect your safety. Helpful actions include keeping your hands visible, avoiding sudden movements, and not physically resisting, even if you believe the arrest is unjust.

Under Texas Penal Code Section 38.03, resisting arrest is a separate criminal offense, even if the underlying arrest is later found to be improper. This means fighting back or resisting during the arrest can create additional legal problems on top of whatever charge led to the arrest in the first place.

What Should You Do if You Believe the Arrest Is Unlawful?

Even if you believe police made a mistake or violated your rights, the time to challenge this is in court, not during the arrest itself. Arguing or physically resisting at the scene rarely helps your situation and often makes things worse. Your attorney can challenge the legality of the arrest later through proper legal channels.

What Steps Should You Take Immediately After Being Arrested?

Taking specific steps after an arrest can help protect your rights and strengthen your defense later. Helpful steps include:

• Clearly and calmly requesting an attorney as soon as possible
• Avoiding discussing the details of your case with other inmates
• Refraining from posting about your arrest on social media
• Writing down everything you remember about the arrest once you're able to
• Contacting a family member or friend who can help arrange legal representation

Following these steps consistently gives your attorney the best foundation to build an effective defense on your behalf.

Can You Make a Phone Call After Being Arrested?

Texas law does not give every arrested person a general right to one phone call immediately after being booked. Jail procedures for phone access can vary depending on where you are being held.

However, Texas law does require that an arrested person be given a reasonable time and opportunity to consult with an attorney. At the initial appearance before a magistrate, the judge must also explain the person's right to an attorney and the right to request appointed counsel if the person cannot afford one.

If you are allowed to make a jail phone call, be careful about discussing your case. Calls from a jail may be recorded or monitored, except for protected attorney-client communications.

How Can You Arrange Bail After an Arrest?

Depending on the charge, you may be eligible for bail, which allows you to be released from custody while your case is pending. Bail amounts vary based on the severity of the charge, your criminal history, and other factors the court considers relevant to flight risk and public safety.

Working with an attorney quickly after an arrest can help you understand your bail options and potentially argue for a reduced bail amount if the initial amount seems excessive given your circumstances.

Contact Our Austin, TX Criminal Defense Attorneys for a Free Consultation

Attorneys Norvert Morales and Jack Ladd bring decades of combined experience to criminal defense cases throughout the Georgetown area. They understand how frightening and disorienting an arrest can feel. They’ll ensure you understand your rights and options from the very first conversation.

Contact Morales Law Office, Attorneys at Law, PLLC. at 512-474-2222 to talk to our Georgetown criminal defense lawyers today.