Know Your Responsibilities
As a citizen of Texas and the United States you have two major responsibilities related to criminal arrest. First, do not resist arrest. Second, know your rights as they relate to state and federal criminal arrests.
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Do Not Resist Arrest
Resisting arrest in Texas is a criminal act and can lead to additional criminal charges. The same is true for Federal arrests.
A law enforcement officer can legally arrest you at any time with an arrest warrant. In addition, peace officers can also arrest you if they have reason to believe you have recently been involved in a crime or if they have witnessed you committing a crime.
Even if you believe you are being wrongly arrested you cannot resist arrest.
If you resist arrest an officer can use reasonable force to overcome your resistance.
In addition you can be arrested for resisting arrest which would be a charge added to the original arrest. During any trial related to the original arrest—even if you are found innocent of the original charge—you could still be found guilty of resisting arrest.
Know Your Rights
While you cannot legally resist arrest you can exercise your rights related to any arrest. In summary, when you are arrested you have the rights to:
- Remain silent
- Hear the changes against you
- A defense attorney for counsel during interviews by police officers or prosecuting attorneys
- Terminate an interview at any time
- Hire an attorney
- An appointed attorney if you cannot afford an attorney
- An examining trail when the prosecution must proof probable cause for the arrest