Getting arrested in Texas is a frightening and overwhelming experience. Whether it’s for a misdemeanor DWI or a serious felony, your actions immediately after an arrest can have a major impact on the outcome of your case. Unfortunately, many people make critical mistakes in the heat of the moment that can make things much worse.
To protect yourself, your future, and your legal rights, here are the top five mistakes to avoid if you’re arrested in Texas—and what you should do instead.
Talking Too Much to Police
One of the biggest mistakes people make is believing they can “talk their way out” of an arrest. In reality, anything you say can and will be used against you.
What Happens in Texas Arrests:
- Police may act friendly or suggest that “cooperation” will make things easier.
- Officers often ask questions designed to build a case against you, not help you.
- Even minor admissions (like having “just one drink” or being “around drugs but not using them”) can be damaging in court.
What You Should Do Instead:
- Politely provide your name, identification, and basic information required by law.
- Clearly state: “I am invoking my right to remain silent and I want a lawyer.”
- Do not explain, argue, or give details without an attorney present.
🧠 Key takeaway: In Texas, silence is your best defense until your attorney is with you.
- Resisting Arrest or Acting Aggressively
Even if you believe your arrest is unfair or unlawful, resisting will only make things worse.
Why This Is a Mistake:
- Resisting arrest is a separate criminal charge in Texas (Texas Penal Code §38.03).
- Aggressive behavior (pushing, pulling away, yelling) can escalate the situation and lead to additional charges like assault on a peace officer.
- Video footage of resistance often works against defendants in court.
What You Should Do Instead:
- Remain calm, keep your hands visible, and comply physically.
- Do not argue with officers on the street—let your attorney challenge the legality later in court.
- Remember: Fighting your case in court, not on the sidewalk, is the safest path forward.
- Consenting to Searches Without a Warrant
Police often ask for permission to search your car, home, or belongings—even when they don’t have the legal authority to do so.
Why This Is a Mistake:
- Once you consent, anything found can be used against you—even if the search would have been illegal otherwise.
- Many people mistakenly believe refusing a search makes them “look guilty,” but the law is on your side.
- In Texas, unlawful searches can sometimes result in evidence being thrown out of court—but only if you didn’t consent.
What You Should Do Instead:
- Politely but firmly state: “I do not consent to a search.”
- Do not interfere physically, but make your refusal clear.
- Let your attorney later challenge whether the search was legal.
- Using Social Media or Calling the Wrong People
In today’s world, many people instinctively post about their arrest—or call friends and family from jail without realizing those calls are monitored.
Why This Is a Mistake:
- Social media posts can be used as evidence, even if you delete them later.
- Jail phone calls are recorded in Texas, and prosecutors often use them in court.
- Venting frustration, joking about the arrest, or discussing the case can backfire.
What You Should Do Instead:
- Stay completely off social media until your case is resolved.
- Only discuss your case with your attorney—not friends, family, or cellmates.
- If calling loved ones from jail, limit conversations to logistical details (bail, contacting a lawyer).
- Waiting Too Long to Call a Lawyer
Perhaps the most damaging mistake is failing to hire—or at least consult—a qualified criminal defense lawyer right away.
Why This Is a Mistake:
- Early mistakes (like giving statements or missing bail hearings) can be hard to undo.
- Prosecutors move quickly, and evidence can disappear if not preserved.
- Without an attorney, you may accept unfavorable plea deals or fail to assert your rights.
What You Should Do Instead:
- Contact a Texas criminal defense attorney immediately after an arrest.
- Choose an attorney with experience in your specific charges (DWI, drug offenses, assault, federal cases).
- Remember: The sooner your lawyer starts building your defense, the stronger your chances of success.
Other Mistakes to Avoid
While the top five are the most common, here are a few additional pitfalls:
- Skipping court dates – results in arrest warrants and harsher penalties.
- Talking to cellmates – “jailhouse snitches” are often used by prosecutors.
- Ignoring bail conditions – violating bond terms can land you back in jail.
What To Do If You’re Arrested in Texas: A Step-by-Step Guide
- Stay calm and do not resist.
- Provide basic identifying information only.
- Politely refuse searches without a warrant.
- Invoke your right to remain silent.
- Request an attorney immediately.
- Avoid all social media posts and monitored conversations about your case.
Final Thoughts: Protect Your Future
Being arrested in Texas doesn’t mean you’re guilty—but what you do next can make all the difference. By avoiding these common mistakes and contacting a Texas attorney right away, you give yourself the best chance at protecting your freedom, your reputation, and your future.
Speak With a Texas Criminal Defense Attorney Today
If you or a loved one has been arrested, don’t make a costly mistake. Contact a Texas criminal defense lawyer immediately for a confidential consultation. The sooner you act, the stronger your defense will be.
Qamer Javed