Law Offices of

William H. Underwood

 

 

Criminal, DWI/DUI, Drug Crimes, Family Violence/Assault, Felonies, Misdemeanors, Juvenile Trial & Appeals 

 

Law Offices of William H. Underwood
1207 West University Dr., Ste. 101
McKinney, TX 75069

ph: 214-544-8040
fax: 972-548-5054
alt: 972-548-5040

Arrest. Detention. Search. Custody.

If you have never faced criminal charges before, an arrest can be a frightening experience.  The stress of the arrest may cause you to overlook important matters, such as the right to remain silent and the right to advice from a lawyer.  

If you are arrested, you should consult with a lawyer as soon as possible to protect your rights and defend yourself against the charges against you.  William Underwood can negotiate on our behalf with the police and the prosecutors  and advise you of the risks and advantages of cooperating with the authorities.

 

    • You have the right to have a lawyer while being questioned.
    • You have the right to have a lawyer without cost if you cannot afford one.
    • You have the right to remain silent.
    • You have the right to be informed that anything you say may be used
      against you.
    • You have the right to be informed of the charges against you.
    • You are entitled to telephone a lawyer, a friend, or a family member to
      notify them of your arrest.
    • You have the right to be considered for release pending trial.
    • You have the right to a trial by a jury of your peers.
    • You have the right to be compensated for wrongful arrest.

Detained 

You can be detained without being arrested if the police suspect that you are engaging in criminal activity or that you might be armed.  For example, the police may ask you to identify yourself and conduct a limited search for weapons if they observe you pacing in front of a closed store in the dark.

 

Searched

 Ordinarily, the police must have a search warrant before conducting a search.  However, after you have been arrested, the police may search you and the immediate area around you without a warrant if they "reasonably suspect" that you may be armed. A search is also permitted when the police see contraband at the time of making an arrest.  If the police find something that is illegal to possess, such as a gun or drugs, they may confiscate it and arrest you for possessing it.  The police may also take your money and property from you to keep in a safe place until it can be returned to you or used as evidence.   

Taken Into Custody

After you have been arrested, you may be taken into custody and brought to a detention facility.  At the detention facility your arrest will be registered into police records and you may be fingerprinted and photographed.  After you have been taken into custody, you, your family, friends, or your lawyer can make arrangements for your release while you are awaiting trial.

If you are confined in a detention facility, it may be anywhere from several hours to a couple of days before you appear before a judge who can consider releasing you.  Do your best to stay calm, and do not discuss the circumstances of the alleged crime with others.  Any statements you make may be reported to the police and used against you.

 

Released from Custody

After the arrest, you will be brought before a judge to be formally charged with a crime and provided an opportunity to be released while awaiting a trial.  You might be required to post bail, or you may be released on your promise to appear in court.  The judge will consider various factors, such as the seriousness of the crime you have been charged with when deciding property deposited with the court to ensure that you will appear for your trial.  Once bail has been deposited with the court, you will be released from custody while awaiting trial.

 

 

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

 

The Law Office of William H. Underwood. All rights reserved.

 

Not certified by the Texas Board of Legal Specialization. 

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Law Offices of William H. Underwood
1207 West University Dr., Ste. 101
McKinney, TX 75069

ph: 214-544-8040
fax: 972-548-5054
alt: 972-548-5040