What to Do If You’re Arrested in Texas: Your Rights and Next Steps

Legally reviewed by Chris Jeansonne, Criminal Defense Attorney, Dunham & Jones, Attorneys at Law, P.C. · Last reviewed: October 14, 2026

Being stopped, questioned, searched, or arrested by police is one of the most stressful things that can happen to a person, and what you do in the first minutes and hours can shape everything that follows. Texas law gives you real rights during a police encounter, but those rights only protect you if you know them and use them calmly.

This guide is an overview of what to do if you are arrested in Texas, from your rights during a stop to searches, questioning, jail and bail, and what happens as a case moves through the courts. Each section links to a more detailed article on that specific situation.

Your Rights During a Texas Police Encounter

You generally have the right to remain silent, the right to decline consent to a search, and the right to an attorney. You can ask whether you are free to leave, and you can clearly state that you do not consent to a search. Staying calm and not physically resisting matters even when you believe the police are wrong.

For the constitutional backdrop and how an ordinary stop is supposed to work, see the Fourth Amendment and basic Texas criminal procedures from arrest to court date. You also generally have the right to record police in public, within limits.

What to Do, and Not Do, If You’re Arrested

Do not try to talk your way out of an arrest by explaining the case on the side of the road. Clearly invoke your right to remain silent and ask for a lawyer, provide truthful identifying information when the law requires it, and do not consent to searches or volunteer a long statement.

Two of the most important moments often come before an arrest is final: when an investigator reaches out, and when police want into your phone. See what to do if a detective calls you and what happens if you refuse to unlock your phone for police.

Can Police Search You, Your Car, or Your Phone?

An arrest does not automatically authorize police to search everything. Phones in particular have strong protection: officers generally need a warrant to search the digital contents of a phone. See whether police can search your phone without a warrant and, if they demand access, what to do if you refuse to unlock it. Vehicle searches depend on consent, probable cause, and other recognized exceptions.

Resisting, Evading, and Using Force Against Police

Texas treats resisting arrest and evading arrest as separate crimes, and the unlawfulness of an arrest is generally not a defense to resisting. Running or using force can turn a questionable arrest into a solid new charge. See resisting and evading arrest in Texas. Helping someone else avoid arrest can also be a crime — see whether you can be charged for helping someone avoid arrest.

Assault on a Peace Officer

Causing injury to an officer during an encounter can elevate an ordinary assault to a second-degree felony, and aggravated circumstances can make it a first-degree felony. It is a heavy-call-volume charge and a common companion to resisting cases. See assault on a peace officer in Texas.

Special Situations

Some arrests raise their own distinct problems:

• Arrested far from home — your location does not have to determine the size of your defense.
• The police arrested the wrong person — mistaken identity, same-name warrants, and license-plate-reader errors.
• Your child is arrested — the first steps for parents and a child’s rights.
• You left the scene of an accident — the duty to stop and render aid.

Arrested anywhere in Texas? Call Dunham & Jones 24/7 at 800-499-8455 for a free consultation.

Jail, Bail, and Getting Out

After an arrest you are booked, and bail may be set with conditions such as no contact with an alleged victim. Texas limits how long you can be held without charges, and in some serious cases bail can be denied entirely. See how long you can be held in jail without charges, when bail can be denied, and Texas bail bond laws. Our jail release and warrant pages can help if you or a family member needs to get out or clear a warrant.

What Happens After an Arrest: Charges and Court

An arrest is the beginning of a legal process, not a conviction. Felony cases are typically presented to a grand jury, which decides whether to issue an indictment, and the case then moves through the court system. See what an indictment is in Texas, the Texas court process, and basic procedures from arrest to court date.

Common Defenses to Criminal Charges

A case can often be challenged long before trial. Depending on the facts, a defense may question whether the stop was lawful, whether a search was valid, whether statements were obtained properly, whether the right person was identified, and whether the State can prove every element beyond a reasonable doubt. Preserving video, identifying witnesses, and getting an attorney involved early can be decisive.

Why Dunham & Jones

Dunham & Jones defends people accused of crimes throughout Texas, with offices across the state and the resources to investigate quickly, preserve evidence, protect your rights, and handle a case wherever it arises. If you have been arrested or contacted by police, our team can review what happened and explain your options.

If you have been arrested or investigated in Texas, call Dunham & Jones 24/7 at 800-499-8455.

Frequently Asked Questions About Being Arrested in Texas

Frequently asked questions about being arrested in Texas.

This article provides general information and is not legal advice. Every case depends on its particular facts, charges, criminal history, court orders, and applicable law.