1. What should I expect immediately after an arrest in Texas?
After an arrest, you are typically booked, held in jail, and brought before a magistrate who explains the charges and sets bail. The timing depends on the charge and local jail procedures.
2. How does bail work in Bexar County?
A judge sets bail based on factors like the seriousness of the offense, prior history, and flight risk. Release may be possible through a personal recognizance (PR) bond, cash bond, or surety bond.
3. Which court will handle my criminal case?
That depends on the charge. Municipal courts handle Class C misdemeanors, criminal courts at law handle Class A and B misdemeanors, and district courts handle felony cases.
4. What are the differences between misdemeanor and felony charges?
Misdemeanors are less severe but can still involve jail time and fines. Felonies carry more serious penalties, including prison sentences and long-term consequences like loss of civil rights.
5. What penalties could I face if I’m convicted?
Penalties may include jail or prison time, fines, probation, counseling or treatment programs, license suspensions, and a permanent criminal record, depending on the charge.
6. What rights do I have during a police encounter?
You have the right to remain silent, to refuse consent to searches, and to ask for an attorney if you are arrested. During consensual encounters, you are generally free to leave.
7. Do I have to answer police questions or give a statement?
No. You are not required to answer investigative questions or give a recorded statement. Politely invoking your right to remain silent can help protect you.
8. What if I have an outstanding warrant?
Warrants do not go away on their own. Addressing a warrant proactively—often through an attorney—can help arrange a controlled surrender or bond and avoid unexpected arrest.
9. Will an arrest or dismissed case stay on my criminal record?
Yes, unless action is taken. Arrests and dismissed cases may still appear on background checks unless they are expunged or sealed through an order of nondisclosure.
10. What is the difference between expunction and nondisclosure?
An expunction permanently deletes eligible records. A nondisclosure seals the record from public view but allows access by law enforcement and certain agencies.
11. How long do I have to file for expunction or record sealing?
Eligibility and waiting periods depend on the offense and outcome. Some cases qualify immediately, while others require a statutory waiting period.
12. Why is it important to speak with a criminal defense attorney early?
Early legal guidance can help secure release, protect your rights, challenge unlawful police conduct, reduce charges, and improve long-term outcomes.