Know Your Rights

As a Texan and an American, you have inalienable rights granted to you by the U.S. Constitution and protections granted by Texas’ laws. Know your rights and assert them when dealing with the police or court system.

Your Rights when Dealing with the Police

The Right to Remain Silent

You are not required to answer police questions beyond providing basic identifying information in certain situations. If an officer asks about your activities, whereabouts, or involvement in a crime, you have the right to keep quiet. It is advisable you use it. This prevents you from unintentionally incriminating yourself. Staying silent is not resisting arrest – remain calm and polite while asserting your rights.

When Do I Have to Identify to the Police?

Texas is not a ‘stop and ID’ state, that is, you are not required to provide your information just because a police officer asks or demands it. In Texas, you are only legally obligated to provide your information if you are:

You do not have to provide personal information if you are lawfully detained. However, it is a crime to provide false information in such circumstances.

The Right Against Unlawful Searches and Seizures

The police cannot search you, your home, or your vehicle without a valid warrant, your consent, or a legally recognized exception, such as probable cause or exigent circumstances. If an officer asks to search your belongings, you can say, ‘I do not consent to a search.’ Without proper legal justification, any evidence they find may be inadmissible in court. However, do not physically resist an unlawful search or seizure. Deal with it in court.

The Right Against Self-Incrimination

You cannot be forced to say anything that could be used against you in court. This applies to both police questioning and legal proceedings. If you choose to remain silent, state clearly, ‘I am invoking my right to remain silent and will not answer any questions without an attorney present.’ This ensures that your words cannot be twisted or misinterpreted.

Miranda Rights

If you are taken into custody and questioned, officers must inform you of your Miranda rights, which include the right to remain silent and the right to an attorney. If they fail to do so, anything you say may be excluded from evidence. However, if you voluntarily speak before being read your rights, your statements can still be used against you.

The Right to an Attorney

If you are arrested or being questioned in a way that could lead to charges, you have the right to legal representation. You should request an attorney as soon as possible and refuse to answer questions until they are present. Simply say, ‘I want to speak to my attorney.’ If you cannot afford one, a public defender will be provided.

An attorney ensures your rights are protected and prevents you from making statements that could harm your case. The police are trained to get you to provide incriminating information. Even when you are innocent and the conversation appears amicable, your statements could contribute to a case against you. The police are not prohibited from lying.

Do not talk to the police without an attorney present.

Police Misconduct Cannot Be Challenged on the Street

You have rights, but you do not enforce them physically on the street. Any instances of police misconduct should be dealt with in the courts. Resisting arrest or search is a criminal offense.

You do not have the right to resist an arrest or search even when it is unlawful.

Police Misconduct Cannot Be Challenged on the Street

The Right to Be Informed of the Charges Against You

If you are arrested and charged with a crime, you have the right to know the specific charges and the legal basis for them. The prosecution must formally notify you of the charges, either through an indictment or a complaint, and you have the right to receive this information in a timely manner.

The Right to Due Process

The government cannot deprive you of life, liberty, or property without following proper legal procedures. This includes the right to a fair hearing, notice of proceedings, and the opportunity to present a defense. Any violation of due process could lead to a dismissal of charges or other legal remedies.

The Right to a Speedy and Public Trial

The government cannot hold you indefinitely without bringing you to trial. A delay in proceedings could violate your rights and may be grounds for a case dismissal. Additionally, you have the right to a public trial to ensure transparency in the judicial process.

The Right to an Impartial Jury

If you are facing criminal charges, you have the right to have your case heard by an impartial jury of your peers. Jury selection must be free of bias, and both the prosecution and your defense attorney can challenge potential jurors if they appear prejudiced. However, not all cases go to trial – many are resolved through plea negotiations or dismissals.

The Right to Confront Witnesses

You have the right to cross-examine witnesses who testify against you in court. This means your attorney can challenge the credibility of prosecution witnesses, question their statements, and expose inconsistencies that may weaken the case against you. The prosecution cannot use anonymous or hearsay testimony without giving you the chance to challenge it.

The Right Against Self-Incrimination

Just as you can refuse to speak to police, you also cannot be forced to testify against yourself in court. You have the right to remain silent throughout legal proceedings, and the prosecution cannot use your silence as evidence of guilt.

The Right to Legal Counsel

Again, you have the right to legal representation, whether you are facing a misdemeanor or felony charge. If you cannot afford an attorney, the court will appoint a public defender. However, hiring a private defense lawyer may provide more dedicated legal support tailored to your case. An experienced defense attorney can negotiate plea deals, challenge evidence, and protect your rights throughout the court process.

Contact M|C Criminal Law Today

Understanding your rights is critical, but asserting them effectively often requires legal guidance. If you are facing criminal charges, dealing with police investigations, or need legal representation in court, M|C Criminal Law is here to help. Our attorneys have years of experience protecting the rights of individuals in Texas and fighting for the best possible outcomes.

Don’t face the legal system alone. Contact us today for a consultation and let us defend your rights, your freedom, and your future.