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Your Rights After an Arrest

In Texas, when someone is arrested, he or she has specific rights, for example, once an arrest takes place, the arresting law enforcement agency must take the personal arrested to see a magistrate within 48 hours.

Once the arrested person is brought before the magistrate, the magistrate has to inform the arrested person of the following, and they must use clear language in the process:

  • Inform the arrested person of what they are being accused of,
  • Inform the accused of their right to remain silent,
  • Inform the accused of their right to have a criminal defense attorney present during questioning with police officers or prosecutors,
  • Give the accused enough time and opportunity to consult with a defense attorney and be admitted to bail if it’s allowable under the law,
  • Inform the arrested of their right to an examining trial, and
  • Inform the arrested of their right not to make any self-incriminating statements.

‘Tickets’ for Class C Misdemeanors

Class C misdemeanors can be treated differently than more serious crimes. If a police officer is charging a suspect with a Class C misdemeanor (not public intoxication), instead of taking the suspect before a magistrate, the officer can issue the person a ticket (citation).

Through the ticket, the suspect is given written notice, telling him or her when and where to appear before a local magistrate. The ticket will also say which offense the accused is being charged with.

Innocent Until Proven Guilty Beyond a Reasonable Doubt

There is one right that is inalienable in all criminal prosecutions in the United States: the accused is presumed innocent until proven guilty beyond a reasonable doubt.

Beyond that, the accused maintains the right against self-incrimination, they have a right to a speedy trial by an impartial jury, and they have a right to cross-examine witnesses among other things.

In light of the above information, a defendant does have the right to waive certain rights afforded to them by law if they so choose. However, when it comes to a prosecution for a capital felony where the state is seeking the death penalty, the defendant is not entitled to waive his or her right to a trial by jury.

Seeking a Plano criminal defense attorney to fight your criminal charges? Contact The Zendeh Del Law Firm, PLLC for the aggressive representation you deserve!