What to Do If You Are Arrested

A Former Prosecutor & Military Judge Fighting For Your Freedom

After an Arrest

Call Our Dallas Criminal Defense Attorneys at 214-238-9392

We hope you never get arrested and charged with a crime, but if you do our Dallas criminal defense lawyers have your back. Here are a few tips to get through the process a little easier. If you have more specific questions or we’ve missed something that you want us to include, please call (214) 238-9392to discuss your specific case.

Remain Silent and Compliant

If you are under arrest, do not resist and always comply with any lawful orders but remember to remain silent. You are required to identify yourself, but that is all. Do not offer any explanations, stories, or excuses however much you believe these will exonerate you. Save this information for your Dallas criminal defense attorney who will defend you in court, or pursue your civil rights claim.

Hire or Demand a Defense Attorney as Soon as Possible

Seek legal assistance from a lawyer as soon as possible. If you do not have the money to afford an attorney, then one will be provided for you. This will take time; your legal situation will seldom, if ever, be resolved quickly. Remain patient, calm, and silent while you wait.

Be Patient and Maintain Your Composure

Be patient. Do not let your emotions cause you to do something against your better judgment or self-interest. There will be a time to address a false charge or an injustice, but you weaken your case when you act badly and emotional.

Do Not Discuss Your Case on the Phone

Within a reasonable amount of time, you must be allowed to make a local call to your family and/or a Dallas criminal defense attorney. These conversations may be monitored, so do not talk about the facts of your case, even with an attorney, on a phone call that is recorded. On first phone calls or interviews with an attorney, legal process is the most important thing to discuss; the time to discuss the facts of your case will come later.

Is it Okay to Discuss Your Case with Police if You Are Innocent?

No! Do not say anything to the police without a lawyer. The law permits police to lie and cheat in order to get a “confession”; this includes claiming to be in possession of incriminating evidence or witness statements that do not actually exist. Any statement made, even under the influence of false information, is admissible as evidence against you in court.

Do Not Discuss ANY Details of Your Case!

Even seemingly innocent statements can be used against you. For example, if you are being interrogated by law enforcement under allegations of committing sexual assault, and you try to demonstrate your innocence by explaining how the sexual conduct was consensual between you and the alleged victim, you have confessed to 95% of the alleged crime; that is, knowing the alleged victim, engaging in sexual conduct, etc., and all that remains is the question of whether the act was by force and without the consent of the alleged victim.

Further, almost every criminal trial involves the use of a statement of the accused person or a witness that has been twisted to suit the prosecutor’s case; for a perfect example of this, note the use of a “confession” in the classic movie My Cousin Vinny.

Don’t Agree to Anything or Sign Any Documents without Your Lawyer Present

Do not make any decisions about your case or sign any documents without a Dallas criminal defense attorney. Only a qualified criminal attorney should advise you before you make a decision on such an important legal matter. Read elsewhere on this site on how to make this decision.

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    Attorney Patrick J. McLain tried his first jury trials during operations Desert Shield and Desert Storm. He handles all cases with integrity and an unparalleled work-ethic.
  • Former Federal Prosecutor & Military Judge
    Attorney Patrick J. McLain's years of experience across the aisle provide him with a unique perspective.
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    Throughout his career, Patrick J. McLain has helped thousands of clients secure a better future for themselves through tenacious and aggressive representation.

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