An arrest is one of the most disorienting experiences a person can face. The handcuffs, the ride to the booking facility, the sound of a cell door closing behind you. Even people who have done nothing wrong often feel they have somehow lost control of their own life in a matter of minutes. What happens in the hours and days right after an arrest will often shape the rest of the case, sometimes more than what happens months later in a courtroom.
I have represented clients in Williamson County, Travis County, and across Central Texas for years, and a pattern shows up again and again. The people who fare best are not always the ones with the strongest legal arguments. They are the ones who keep their composure, say very little, and get an attorney involved quickly. This guide walks you through exactly what to do, in order, after an arrest in Texas.
Table of Contents
- Step 1: Stay Calm and Stay Quiet
- Step 2: Invoke Your Right to an Attorney
- Step 3: Understand the Booking Process
- Step 4: Magistration and Bond
- Step 5: Document Everything You Remember
- Step 6: Avoid Common Post Arrest Mistakes
- Step 7: Contact a Texas Criminal Defense Lawyer
- Frequently Asked Questions
Step 1: Stay Calm and Stay Quiet
The first instinct most people have when stopped or arrested is to explain. To clarify. To tell the officer that there has been a misunderstanding. I understand the impulse. It feels rude, almost guilty, to refuse to speak. But every word you say during and after an arrest can be used by the prosecution, and statements made under stress are rarely as helpful as people think they are.
The Texas Code of Criminal Procedure and the Fifth Amendment to the United States Constitution give you the right to remain silent. You do not have to answer questions about where you were, what you were doing, or who you were with. You do have to give officers your basic identifying information when lawfully requested under Texas law. Beyond that, the safest sentence in your vocabulary is short: I am going to remain silent and I want a lawyer.
Step 2: Invoke Your Right to an Attorney
Saying you want a lawyer is not enough on its own. Courts have ruled that a request for counsel must be clear and unambiguous. Telling an officer that you think you might want a lawyer, or asking whether you should get one, may not be treated as a true invocation. Be direct. Tell the officer you are invoking your right to counsel and that you will not answer further questions until your attorney is present.
Once you do this, the officers should stop questioning you. If they continue, anything they pull out of you may be subject to suppression later. Do not start a friendly conversation in the back of the patrol car or in the holding cell. Officers are trained to listen. Even casual remarks can resurface in a police report and, eventually, in front of a jury.
Step 3: Understand the Booking Process
After arrest, you will be transported to a county jail or municipal holding facility for booking. In Williamson County, that usually means the Williamson County Jail on Inner Loop in Georgetown. Booking involves fingerprinting, photographing, an inventory of your personal property, and basic medical and mental health screening. You will be asked routine questions about your identity, address, and employment. Answer those truthfully. Do not, however, answer questions about the alleged offense.
Jail staff and other detainees are not your allies. Phone calls placed from jail are recorded, and the recordings are admissible in court. Assume every word is being captured. If you call a family member, keep the conversation short and limited to logistics. Do not discuss what happened. That conversation belongs in a private room with your lawyer.
Step 4: Magistration and Bond
Under Article 15.17 of the Texas Code of Criminal Procedure, a person arrested must be taken before a magistrate without unnecessary delay, generally within 48 hours. The magistrate informs you of the charges, advises you of your rights, and sets bail in most cases. In Williamson and Travis Counties, this is often done by video link from the jail.
Bond can take several forms. A cash bond requires the full amount be posted with the court. A surety bond involves a bail bond company that posts the bond on your behalf for a fee, typically ten percent. A personal recognizance bond, sometimes called a PR bond, allows release without payment based on the person's ties to the community and the nature of the charge. The right kind of bond depends on the charge, your criminal history, and arguments your attorney can make to the magistrate or trial court. An attorney brought in early can often reduce a bond significantly.
Step 5: Document Everything You Remember
Memory fades fast under stress. As soon as you are able, write down everything you remember about the encounter. Who initiated contact. What was said. What you were doing in the minutes before. Who else was present. Whether the officer activated lights, asked for consent to search, or made any specific accusations. The names and badge numbers of officers, if you noticed them. The location and time. The condition of any vehicle or property involved.
This document is not for anyone else to read. It is for your attorney. Keep it private. Do not share it with friends or post anything about your case on social media. Texas prosecutors actively review defendants' social media accounts, and a post made in frustration can become exhibit A at trial. Set your accounts to private, stop posting about the case, and resist the urge to vent online.
Step 6: Avoid Common Post Arrest Mistakes
Some of the most damaging things people do happen after the arrest, not during it. A few patterns I see repeatedly:
- Calling the alleged victim to apologize or explain. In assault, family violence, and protective order cases, contact often becomes a new charge for violating a no contact order.
- Talking to investigators a second time, believing that cooperation will help. By the time officers are circling back, they usually have a theory and are looking for confirmation, not exoneration.
- Posting bond and then missing court dates because nobody explained the schedule. Failure to appear can result in a new warrant and forfeiture of the bond.
- Hiring the cheapest lawyer available without considering experience with the specific charge or county.
- Continuing the behavior alleged to be criminal. If the case involves substance use, for example, continuing to use during the pendency of the case makes pretrial diversion and favorable plea offers much harder to achieve.
Step 7: Contact a Texas Criminal Defense Lawyer
The earlier a defense lawyer is involved, the more options you have. Before formal charges are filed, an attorney may be able to communicate with the prosecutor's office, present evidence the investigator missed, or argue for the case to be rejected outright. After charges are filed, an experienced lawyer can file motions to suppress evidence, negotiate bond reductions, push for pretrial intervention programs, or prepare the case for trial.
For more information about your case process, the Texas Courts website provides general information about the court system, but it is not a substitute for advice tailored to your situation. Every case turns on its own facts.
If you or someone you love has just been arrested, please reach out to our office through the contact form. The consultation is confidential, and the sooner we can begin building your defense, the more we can do to protect your future.
Facing Criminal Charges in Texas?
Every case is different. A confidential review of your situation can identify defense options you may not realize you have. Contact The Brunner Law Firm to begin.
Request a ConsultationFrequently Asked Questions
Officers may attempt to question you, but you are not required to answer. Once you clearly state that you want an attorney, custodial interrogation is supposed to stop. If officers continue, statements obtained may be subject to suppression. Always make your request unambiguous, and stop talking until counsel is with you.
Article 15.17 of the Texas Code of Criminal Procedure requires that an arrested person be brought before a magistrate without unnecessary delay, generally within 48 hours. Filing of formal charges depends on the offense and the prosecutor's review. An attorney can sometimes intervene during this window.
Bail is the amount of money the court requires to secure your release. A bond is the mechanism used to post that bail. Cash bonds, surety bonds posted through a bail bond company, and personal recognizance bonds are all common in Texas, and the appropriate option depends on the charge and your circumstances.
Yes. An arrest creates a record in the Texas Department of Public Safety and FBI databases regardless of the outcome. To clear that record, you typically need an expunction or an order of nondisclosure. We discuss this in our article on expunctions in Texas.
It is usually better to get out as soon as possible so you can assist in your defense, but the type of bond matters. An attorney can often argue for a lower bond or a personal recognizance bond before you commit to a costly surety arrangement.
About Mark Brunner
Mark Brunner represents individuals facing criminal charges throughout Round Rock, Williamson County, and Central Texas. The firm's practice covers DWI defense, drug crimes, theft, fraud, appeals, and the full range of state and federal criminal matters.