Criminal charges can feel incredibly daunting and even terrifying. If convicted, you could face substantial loss of your freedoms: jail time, expensive fines, and a record that could follow you for the rest of your life. Dealing with those challenges alone can increase the odds of losing those very freedoms. On the other hand, with a skilled lawyer on your side, you can get more information about your specific rights and how you can best defend yourself. If you’re dealing with criminal charges in Austin, don’t let the clock run out before contacting a defense lawyer. Without legal representation, you may find yourself struggling to protect your rights and your freedoms. After an arrest, make sure you know how to best protect yourself.
What Qualifies as a Criminal Offense in Texas?
In general, criminal offenses involve three key components:
- First, there is the actual criminal act. A criminal act involves anything that actively breaks federal, state (Texas) or municipal (Austin) laws.
- Second, the perpetrator’s mental status during the criminal act. In some cases, an individual suffering from an altered mental state may not bear criminal liability for those actions.
- Third, the potential consequences of the criminal act and how they relate to that initial event.
Criminal offenses in Austin can involve a variety of behaviors that break the law. These could include theft, assault, disorderly conduct, kidnapping, arson, and more.
What Are the Classifications of Crime?
Crimes usually fall into one of two categories:
Felony
Felony crimes are more serious than misdemeanors and may carry more severe consequences. These crimes generally mean at least a year, and often more, in prison and may come along with a variety of other penalties. Felonies may include things like large-scale drug crimes, violent crimes, sex crimes, and theft.
Misdemeanor
Misdemeanor charges, while still serious, often carry less severe consequences than felony charges. Misdemeanors may require a short-term stay in jail, fines, community service, and rehabilitation requirements, including therapy. Misdemeanors may also result in probation. Misdemeanor crimes may include things like disorderly conduct, trespassing, vandalism, petty theft, or resisting arrest.
What Should I Do If I’m Arrested?
An arrest occurs when the police take you into custody because they have evidence that you have committed a crime. The police can only arrest you if they have seen you commit a crime or have reason to believe that you have committed a felony. You can also be arrested if the police have an arrest warrant based on evidence or probable cause.
When arrested, you need to take several essential steps to help protect yourself:
Avoid Force
Resisting arrest is also a crime and can carry serious penalties. Not only can resisting arrest lead to additional consequences, it can end up causing injury to you and to the officers involved in the arrest. You cannot resist arrest legally except under very limited circumstances that rarely apply in most arrests. Instead, go peacefully with the officers.
Listen to Your Legal Rights
You will receive a recitation of your legal rights, including your right to remain silent and your right to have an attorney. Listen to those rights carefully. You should not waive those rights, known as Miranda rights, when being questioned by the police. Instead, invoke them. You have the right to use these rights, including the right to remain silent and the right to wait for a lawyer’s advice before speaking.
You do not have to worry about telling police basic information related to your personal identity. For example, you might share your legal name, date of birth, address, or other identifying information. However, you should not speak about the crime of which you have been accused.
What Rights Do You Have if the Police Stop You?
When stopped by the police, you have several key rights that you can invoke immediately:
- You have the right to remain silent, including avoiding answering any questions asked of you. You can claim the right to remain silent any time the police question you. You also do not have to answer questions irrelevant to the reason for the arrest, including questions related to citizenship.
- You have the right to refuse consent to a search prior to arrest. When arrested, you may have to consent to a pat-down, and you may need to turn over any items in your possession. However, during a routine stop, you can object to a search.
- You have the right to confer with an attorney.
Understanding your legal rights can make it easier to avoid negative consequences following an arrest, including over the long-term.
Keep Information to Yourself
After your arrest, it may be tempting to vent to others around you. You may want to vent to friends, family members, or even other inmates. However, keep in mind that officers are listening and that anything you say can ultimately be used against you. Conversations with your lawyer are confidential, and the police cannot listen in on conversations with your lawyer. Your lawyer can help you determine what, if anything, you may want to say to the police.
Obtain Legal Assistance
After an arrest, you may want to retain your own legal assistance, if possible, rather than relying on a public defender. A public defender may have many cases and clients to deal with, which may mean less attention available for your specific case. However, public defenders can still provide a high standard of legal care and advice that can help you navigate the aftermath of an arrest.
Legal Counsel to Successfully Navigate Criminal Charges in Austin
There are many repercussions to a poorly-handled arrest and criminal case, from increased time spent in jail to loss of other legal freedoms. By working with legal counsel, you can protect your rights and, in many cases, experience better outcomes that help you protect your legal rights in the future. For some criminal charges, particularly in the DWI category, the clock is ticking. No action can mean the loss of a driver’s license. Contact a defense attorney as soon as possible to discuss your rights.
