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What to Do Immediately After an Arrest

Updated: Feb 9, 2024 @ 4:33 pm

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An arrest for DWI, DUI or any other criminal charge is usually followed by anxiety and an uneasy feeling about the future.

In these situations, robust legal representation will be a large part of helping you to address the matter while preparing to get on with your life. Today, we’ll go over a few important things to know about handling an arrest situation so that you can make informed decisions immediately following an arrest.

If you or a loved one were arrested and charged with a crime in Houston or Galveston County, we invite you to contact us about the matter. We’re Tad Nelson & Associates. We can be reached at 713-802-1631.

The Critical First Moments

Know Your Rights

Under both the Constitution of the United States and the Texas Constitution, you have rights which protect you from the moment of your arrest. These rights include the right to remain silent and the right to an attorney. Although most people overlook these during police encounters, it’s important for the long term outcome of your case that you exercise said rights. Let’s review them.

  • Right to Remain Silent: Utilize this right immediately. Anything you say can be used against you in court (Texas Penal Code, Title 1, Chapter 38). Be sure to communicate your choice to remain silent in a polite manner.
  • Right to an Attorney: Contact a skilled criminal defense attorney as soon as possible. Tad Nelson & Amber Spurlock, with our decades of criminal defense experience are well-equipped to guide you through the legal process.

Post-Arrest Procedure

Once arrested in Texas, you’ll likely be taken to a local law enforcement station for booking. This process involves recording your personal information, taking fingerprints, and possibly a mug shot. Remember, do not divulge details about your case without your attorney present.

Bail and Bond

The next step often involves a bail hearing to determine if you can be released from custody before your trial.

Bail amounts for drunk driving offenses can vary. Bonds and bails are influenced by factors such as prior offenses and the specific circumstances of your case.

The Law Offices of Tad Nelson & Associates can help you get the most out of bond hearings and bail procedures. Our main goal would be advocating for your release under fair and reasonable conditions.

Important Early Decisions

Choosing The Right Legal Representation

Selecting the best defense attorney for your case is a decision that can significantly impact the outcome of your case. Houston criminal defense attorney Tad Nelson, a former Assistant Galveston County District Attorney, has extensive experience in the criminal justice system. He’s been practicing law since 1991.

Amber Spurlock, a seasoned federal criminal defense attorney, has extensive prosecutorial insight which is leveraged to enhance her defense acumen.

Their expertise as ACS/CHAL Lawyer-Scientists equips them uniquely for DWI and DUI cases in addition to murder cases and other offenses where a conviction can hinge on chemical evidence.

Gathering Evidence and Building Your Defense

Gather evidence early on in your case can be a huge help. Evidence could include video footage, witness statements, and documentation of the arrest procedure.

At Tad Nelson & Associates, we scrutinize every detail of your case, from the traffic stop to the administration of field sobriety tests. If your rights were violated, it could mean a complete dismissal of your case.

DWI & DUI Cases & Texas Law

Texas Penal Code and Criminal Procedure

DWI/DUI charges in Texas are governed by specific statutes within Texas Penal Code, Title 10, Chapter 49.

In Texas, driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher constitutes legal intoxication. However, you can be charged with DWI even with a lower BAC if your driving ability is impaired.

Familiarity with these laws and know how to apply them to your case is an important skill for a DWI lawyer to have. Our extensive experience with Texas law ensures a comprehensive understanding of the charges against you – in addition to the best possible defense strategy.

Long-Term Strategy and Trial Preparation

Plea Bargains vs. Trial

While some cases may be resolved through plea negotiations, others may require a trial. We’ll evaluate the strengths and weaknesses of your case and provide advice on the best course of action. With Tad Nelson’s unique insights as a former prosecutor and our firm’s robust defense strategies, we’ll be ready to represent you in court.

Criminal Convictions & Your Future

A conviction for a criminal charge in Texas can have far-reaching implications. These implications can affect everything from your employment opportunities to personal relationships. Our goal is to minimize these long-term consequences by working to achieve an outcome that protects your future.

Your Allies in the Legal Battle

The Law Offices of Tad Nelson & Associates

At the Law Offices of Tad Nelson & Associates, we understand the gravity of DWI/DUI charges and the stress they bring. For your convenience, we offer confidential consultations, flexible payment options, and a commitment to affordable legal fees.

Our track record, evident in numerous 5-star reviews and a clean record with the State Bar of Texas, speaks to our dedication and success in defending our clients.

Talk with a Lawyer Today!

Whether you’re seeking help for yourself or a loved one, contact our office today to schedule your free, non-obligatory consultation. Speak with a defense attorney today by calling 713-802-1631. Click or press here to send us a message form.

Houston DWI Lawyer Tad A Nelson is Board Certified in Criminal Law by the TBLS.

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