Dallas Arrest: What It Means and What You Should Do
“You are under arrest”, is a popular line in movies and television shows for police officers. In real-life, a Dallas arrest may not be too far from what we see in the movies. People often mistakenly think the terms arrest and detained are the same things when they are not. It is unlawful for police officers to detain you for more than a reasonable time without arresting you. And this is where knowing your rights can make a lot of difference.
But what does a Dallas arrest exactly mean? This article will discuss what a Dallas arrest is and how an arrest lawyer can help you.
Dallas Arrest – What Is it?
Under Texas law, an arrest happens when an officer or person places another under restraint or takes another into custody. A Dallas arrest can happen with or without a warrant. Arrests are different from being detained by a police officer. Detention is when a police officer temporarily takes you into custody for questioning or investigating a crime.
Reasonable Time. The amount of time will depend on the situation. For example, if officers detain you for questioning regarding a crime you witnessed, the police officers can detain you for a short time. However, if they detain you to investigate a crime they suspect you of committing, the police officers can detain you for longer. Under Federal Laws, police officers can legally hold you for crime-related questions for up to 48 hours without charging you. However, police officers can lawfully keep you for 76 hours in Dallas without charging you.
A Dallas arrest can come in two specific forms: warrantless arrest and arrest with a warrant.
Dallas Arrest With Warrant
A law enforcement officer executing a Dallas arrest with a warrant is in effect enacting an order from a judge. For a judge to issue a warrant, the police must have probable cause to believe that you have committed a crime.
What really are the elements that constitute a probable cause vary from one interpretation to another and have changed over time. A reasonable mix of events and accurate information should indicate that a crime was committed or would be committed for a Dallas arrest to carry a warrant. If law officers can directly observe these facts and events legally, they can apply for a warrant to make an arrest. Anyone placed under a Dallas arrest should make sure that they know how to exercise their rights under the Fourth Amendment.
A Dallas arrest without a warrant is made by a police officer without a warrant. In Texas, there are certain circumstances where police officers can make a warrantless arrest. For example, police officers can make a warrantless arrest if they have probable cause to believe that a person has committed a felony or if a person has committed a misdemeanor in their presence. Police officers are not the only ones that can make warrantless arrests.
Texas State laws lay out the statutory authority for executing a Dallas arrest without a warrant. Below are examples.
A citizen’s arrest is an arrest made by a private citizen rather than a police officer. For a private citizen to create a valid arrest, the person must have probable cause to believe that the arrested person has committed a crime.
Security Officer’s Arrest
A security officer is employed by a business or other organization to protect the property of that business or organization. Security officers have the same authority as police officers to make warrantless arrests if they have probable cause to believe that a person has committed a crime.
Arrest By Peace Officers From Other States And Countries
A peace officer is a law enforcement officer, such as a police officer, sheriff, or constable. In Texas, peace officers from other states and countries have the same authority as Texas peace officers to make warrantless arrests if they have probable cause to believe that a person has committed a crime.
Arrests Made By Federal Agents
Federal agents, such as FBI agents, have the same authority as Texas peace officers to make warrantless arrests if they have probable cause to believe that a person has committed a crime.
Suspicious Places Arrest
A police officer can arrest a person for trespassing if the officer has probable cause to believe that the person is trespassing on property that the government or another person owns.
Res Gestae Statement Arrest
A police officer could arrest a person if the officer heard the person make an incriminating statement (implied guilt) while the police officer was questioning the person.
Arrest For Public Intoxication
A police officer can arrest a person for public intoxication if the officer has probable cause to believe that the person is intoxicated in a public place and is a danger to themselves or others.
Arrest For Violation Of Protective Order
A police officer can arrest a person for violating a protective order if the officer has probable cause to believe that the person has violated the terms of the protective order.
Assault With Future Danger
An arrest can be made if an assault is committed against a family or household member. This includes a reasonable belief of future danger.
Family Violence & Interference
A police officer can arrest a person for family violence if the officer has probable cause to believe that the person has committed an act of family violence. Even if the police officer did not witness the offense, the officer could still make an arrest. This is if there is probable cause to believe that the person committed an act of family violence.
Arrest For A Capital Felony
A police officer can arrest a person for a capital felony if the officer has probable cause to believe that the person has committed a capital felony.
What Happens When You Get Arrested?
If a police officer executes a Dallas arrest, it is essential to understand your rights and what will happen next. You have the right to remain silent and the right to an attorney. You should exercise these rights as soon as possible after your arrest.
The first thing that will happen after your arrest is that the arresting officer will read you the Miranda rights. These rights include the right to remain silent and the right to an attorney. You should use these rights immediately after your arrest.
Next, the police will likely question you. It is important to remember that you have the right to remain silent and the right to an attorney. It would help if you do not answer any questions without an arrest lawyer present.
The next step is that they will take you to a police station for booking. During booking, the police will handle your personal information and fingerprints. They will also search your person and take charge of your belongings.
After booking, officers will take you to jail. You will likely have to stay in jail until the court sets your bail. Bail is the amount you have to pay to be released from prison while awaiting trial.
If you cannot afford bail, you may be able to get a bail bond agent. A bail bondsman is a person who will post bail for you in exchange for a fee. You will likely have to follow certain conditions if you are released on bail. These conditions may include not leaving the state, not committing any more crimes, and attending all of your court hearings.
You may be taken back into custody, and your bail may be revoked if you violate any of the conditions of your release, y.
What Can You Do When Arrested?
It is essential to understand what will happen after being arrested in Texas. If you have been charged, it is necessary to exercise your rights and to understand the process that will happen next. An experienced criminal defense attorney can help you understand your rights and protect your interests throughout the process.
How Your Arrest Lawyer Can Help You
If you have been arrested, it is essential to contact an experienced criminal defense attorney as soon as possible. The sooner you get an attorney, the better. Your Dallas arrest lawyer will be able to help you in many ways.
Assess The Legitimacy Of The Arrest
First, your lawyer can assess whether the arrest was legal or not. Unlawful arrests defense will include challenging the probable cause for your arrest or whether the police had a warrant. Second, your lawyer will then check if the arresting officers read the Miranda rights. Third, they should see if the officers questioned you without an attorney present. Note that if your arresting officers failed to read the Miranda rights, anything you said to them might be inadmissible in court.
Get The Court To Release You On Bail
If the arrest was legal, your lawyer would work to get you released on bail or to have your bail amount reduced. If bail release is not possible, your lawyer can work on getting you released on your recognizance. This means you would not have to pay any money for bail but would only have to promise to appear at all of your court hearings.
Build Your Defense
Your arrest lawyer will also help you prepare for your case by investigating the evidence against you and talking to witnesses. In addition, your criminal defense attorney will also help you understand the charges against you and what defenses may be available.
If you have been arrested, it is essential to contact an experienced criminal defense attorney as soon as possible. The sooner you do that, the better. The Medlin Law Firm will have a criminal defense attorney available to help you 24 hours, seven days a week. They understand that being arrested can be a very stressful and frightening experience. That is why they are here to help you through every step of the process and fight to get the best possible outcome in your case. Call them today or fill out their online form to schedule a free consultation with one of their experienced criminal defense attorneys.