What to Do If You’re Arrested in Houston — Step by Step

Being arrested is terrifying. Know your rights and the exact steps to take to protect your future.

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Your Constitutional Rights at the Moment of Arrest

When you are arrested in Texas, you have constitutional rights protected by the Fifth and Sixth Amendments:

  • Right to remain silent — You are not required to answer police questions
  • Right to an attorney — You may request a lawyer before any questioning
  • Right to be informed of the charges against you
  • Right against unreasonable searches and seizures
💡 Tip The most important thing you can do to protect your case: exercise two rights immediately — remain silent and request an attorney.

Exact Steps to Take During the Arrest

  1. Stay calm — Do not physically resist arrest, even if you believe it is unjust
  2. State clearly: “I am exercising my right to remain silent and I am requesting an attorney”
  3. Do not explain, argue, or try to convince the officers
  4. Memorize or write down the officer’s name and badge number
  5. Call a criminal defense attorney as soon as possible
  6. Do not sign any documents without your attorney present
⚠️ Warning Anything you say can and WILL be used against you at trial. Many cases are lost because the accused tried to “explain” the situation to police without an attorney present.

After the Arrest: The Booking Process

After being arrested, you will go through the booking process:

  • They will take your photo and fingerprints
  • Your personal belongings will be confiscated
  • You will be brought before a judge for a bail hearing
  • Bail will be set or denied
💡 Tip Do not call family members from the jail phone to discuss the facts of your case — all calls are recorded and can be used as evidence.

Contact Attorney Sara Roque Immediately

Time is critical in criminal defense cases. The sooner you have legal representation, the better your outcome. Attorney Sara Roque is a former prosecutor — she knows exactly how prosecutors think and how to build the strongest defense.

💡 Tip Call or text 281-727-9441 any time of day or night. We handle criminal emergencies 24/7. The initial consultation is completely free.
📍 Serving Greater Houston & Surrounding Areas

  • Houston / Harris County
  • Katy / Fort Bend County
  • Pasadena
  • Sugar Land
  • Spring / The Woodlands
  • Conroe / Montgomery County
  • Pearland / Friendswood
  • Missouri City
  • Baytown
  • League City

Frequently Asked Questions

Do I have to talk to police if I’m arrested?
No. You have the constitutional right to remain silent. Clearly state that you are exercising that right and request an attorney. Do not explain or argue — just stay silent and ask for your lawyer.
What if I can’t afford an attorney?
If you cannot afford an attorney, the court will appoint a public defender. However, public defenders carry extremely high caseloads. Contact Roque Law Firm — we offer flexible payment plans to make representation accessible.
How long can police hold me without charging me?
In Texas, police can generally hold you up to 48 hours without formally charging you. If federal charges are involved, the timeframe may differ.
What is bail and how does it work?
Bail is a sum of money paid to guarantee your appearance in court. If you can’t pay the full bail amount, a bondsman charges typically 10%. Your attorney can also request a bail reduction hearing.
Will my immigration status be affected by the arrest?
Potentially yes. Certain criminal charges can have serious immigration consequences including deportation. It is critical to hire a bilingual attorney who understands both criminal law and immigration implications.

Get Your Free Consultation

Tell us about your case — we’ll respond within the hour.

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