FAQs

What is the difference between a misdemeanor and a felony in Texas?

A misdemeanor is a less serious offense punishable by up to one year in county jail, while a felony is a more serious crime carrying potential imprisonment for one year or more in state prison.

How does the criminal justice process work in Texas?

The process typically involves arrest, booking, bail, arraignment, pre-trial motions, plea negotiations, trial, sentencing, and, if necessary, appeals.

What are the potential penalties for criminal offenses in Texas?

Penalties vary based on the severity of the crime, but they can include fines, probation, community service, imprisonment, or a combination of these.

Can I be arrested without a warrant in Texas?

Yes, under certain circumstances, law enforcement officers may make an arrest without a warrant if they have probable cause to believe that a crime has been committed.

What are the legal rights of individuals accused of a crime in Texas?

Rights include the right to remain silent, the right to an attorney, the right to a speedy trial, the right to confront witnesses, and the right to be presumed innocent until proven guilty.

What are the Standard Field Sobriety Tests and can I refuse?

In Texas, the standard field sobriety tests (SFSTs) typically include three main tests: the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand. The HGN test involves tracking an object with your eyes, while the walk-and-turn requires walking heel-to-toe along a straight line and turning around. The one-leg stand test involves balancing on one leg for a specific duration.

Regarding refusing these tests, it’s important to note that in Texas, as in most states, you have the right to refuse field sobriety tests, including the ones mentioned. However, it’s essential to be aware that refusing these tests might lead to certain consequences, such as arrest, suspension of your driver’s license, or other legal penalties. Additionally, refusing these tests can be used against you in court as evidence of potential impairment.

Can I refuse to consent to a search of my vehicle during a traffic stop in Texas?

Yes, you have the right to refuse consent to a search of your vehicle during a traffic stop in Texas. Under the Fourth Amendment of the United States Constitution, you are protected against unreasonable searches and seizures. Unless the police have probable cause to believe that your vehicle contains evidence of a crime, or if they obtain a search warrant, you can assert your right to refuse consent. It is generally advisable to clearly and respectfully communicate your refusal to consent to the search. However, it’s important to note that the police may still conduct a search without your consent if they have probable cause or if certain exceptions to the warrant requirement apply.

What should I do if I believe I'm being pulled over unlawfully in Texas?

If you believe you are being pulled over unlawfully in Texas, it is important to remain calm and follow these general guidelines:

Safely pullover: Find a safe location to pull over as soon as it is safe to do so. Use your turn signal to indicate your intention to stop.
Stay in your vehicle: Unless instructed otherwise by the officer, remain inside your vehicle with your seatbelt fastened. Avoid making sudden movements that may raise suspicions.
Be polite and cooperative: When interacting with the officer, be polite and respectful. Provide the requested documents, such as your driver’s license, vehicle registration, and proof of insurance, when asked.
Note relevant details: Take note of the officer’s badge number, patrol car number, and any other identifying information. This information may be useful later if you need to file a complaint or defend your rights.
Comply, but exercise your rights: While it is generally advisable to comply with the officer’s lawful instructions, you can assert your rights if necessary. You have the right to remain silent and not answer questions that may incriminate you. You can also ask if you are free to leave or if you are being detained.
File a complaint, if necessary: If you believe your rights were violated during the traffic stop, you can file a complaint with the police department involved or seek legal assistance to address the situation.

Are police officers in Texas required to inform me of the reason for the traffic stop?

Yes, police officers in Texas are generally required to inform you of the reason for the traffic stop. The U.S. Constitution’s Fourth Amendment requires that searches and seizures be based on reasonable suspicion or probable cause, and the Texas Code of Criminal Procedure mirrors this requirement. Therefore, when initiating a traffic stop, the officer should have a valid reason, such as a traffic violation or suspicion of criminal activity.
In most cases, the officer should inform you of the reason for the stop, such as speeding, running a red light, or a broken taillight. This allows you to understand the basis for the stop and address any potential issues. However, keep in mind that there may be situations where the officer’s safety or ongoing investigation necessitates delaying the disclosure of the reason for the stop until a later point in the encounter.
If the officer fails to provide a reason for the traffic stop, you can politely ask the officer why you were pulled over. It is generally important to cooperate with the officer’s instructions while asserting your rights if necessary.

Can I record a traffic stop with my smartphone or other recording device in Texas?

Yes, you have the right to record a traffic stop with your smartphone or other recording device in Texas, as long as you are in a public place and not interfering with the officer’s duties. The First Amendment protects the right to record matters of public interest, including interactions with law enforcement officers, as long as you are not unlawfully obstructing or interfering with the officer’s performance of their duties.
In 2019, the Texas Legislature passed a law that explicitly affirms the right of individuals to record law enforcement activities in public places, including traffic stops. This law, known as the “Texas Citizens Participation Act” or the “Anti-SLAPP (Strategic Lawsuits Against Public Participation) law,” provides legal protections against retaliation or lawsuits aimed at preventing or punishing individuals for recording public activities of law enforcement.
While recording, it is important to maintain a safe distance from the traffic stop, comply with any lawful orders or instructions from the officer, and avoid interfering with their duties. It is generally advisable to remain calm, respectful, and non-confrontational during the recording process.
However, it’s important to note that some states and jurisdictions may have specific laws or regulations regarding recording, so it’s a good idea to familiarize yourself with the laws of your specific jurisdiction or call our office!

What are my rights if an officer asks me to step out of my vehicle during a traffic stop in Texas?

In Texas, if an officer asks you to step out of your vehicle during a traffic stop, it is generally advisable to comply with their request. However, it’s important to be aware of your rights in such situations:

Right to safety: You have the right to be safe during the encounter. If you feel unsafe or believe the officer’s request puts you at risk, you can calmly express your concern while remaining respectful.
Right to ask for clarification: You can ask the officer why they are requesting you to step out of the vehicle. Polite and non-confrontational questions can help you better understand the situation.
Right to be informed of the reason: If the officer hasn’t already informed you of the reason for the traffic stop, you can politely ask for clarification before stepping out of the vehicle.
Right to privacy: While the officer may have legitimate reasons to ask you to exit the vehicle, they generally cannot conduct a search of your vehicle without your consent or probable cause. However, keep in mind that if there is probable cause or if certain exceptions apply, the officer may conduct a search even without your consent.
Right to remain silent: You have the right to remain silent and not answer questions that may incriminate you. However, it is advisable to comply with lawful orders and provide necessary identification or documents when asked.
Right to record: As previously mentioned, you generally have the right to record the encounter with the officer, as long as you are in a public place and not unlawfully obstructing or interfering with their duties.

Remember, it’s important to strike a balance between asserting your rights and cooperating with the officer’s lawful requests.

Can I be arrested for not providing my identification during a traffic stop in Texas?

In Texas, you can be arrested for refusing to provide identification during a traffic stop under certain circumstances. Texas law requires drivers to present their driver’s license, vehicle registration, and proof of insurance when requested by a law enforcement officer during a traffic stop.
If you fail to provide identification or refuse to do so without a valid legal reason, the officer may view it as obstruction or failure to comply with a lawful order, potentially leading to your arrest. Additionally, if the officer reasonably suspects that you are involved in criminal activity or there is another valid basis for your arrest, they may take you into custody.
It’s important to note that there are situations where you may have a legal basis to refuse to provide identification, such as if you are a passenger in a vehicle and not the driver. However, it is generally advisable to comply with the officer’s request for identification during a traffic stop to avoid escalating the situation or potentially facing arrest.
If you have concerns about the legality of a specific situation or your rights during a traffic stop, call us!

Can I refuse to answer questions from the police officer during a traffic stop in Texas?

Yes, you have the right to remain silent and refuse to answer questions from a police officer during a traffic stop in Texas. The Fifth Amendment of the United States Constitution protects your right against self-incrimination, which includes the right to remain silent.
While you generally have the right to refuse to answer questions, it’s important to balance this right with the need to cooperate with lawful orders and requests from the officer during the traffic stop. Refusing to answer questions may sometimes raise suspicions or escalate the situation, so it is advisable to assess the circumstances and use your judgment.
You can politely and respectfully exercise your right to remain silent by saying something like, “I prefer to exercise my right to remain silent.” It is important to refrain from providing false information or lying to the officer, as that can lead to legal consequences.
Remember, each situation is unique, and it is important to be mindful of your actions and the potential consequences. If you have concerns about your specific situation or your rights during a traffic stop, call us!

Are police officers in Texas allowed to search my cell phone?

In general, police officers in Texas are not allowed to search your cell phone without a warrant during a traffic stop. The U.S. Supreme Court, in the landmark case Riley v. California (2014), held that law enforcement officers must obtain a warrant before searching the contents of a cell phone seized from an individual, except in certain exigent circumstances.
This means that unless there are specific circumstances that create an immediate risk of danger or destruction of evidence, the officer generally needs to obtain a search warrant from a judge based on probable cause to search the contents of your cell phone.
However, there are some exceptions to this general rule. For example, if you voluntarily consent to a search of your cell phone, the officer may be able to search it without a warrant. Additionally, if there are exigent circumstances present, such as the belief that evidence is about to be destroyed, there may be an exception to the warrant requirement.
It is important to note that the legal landscape regarding cell phone searches is complex and can vary based on specific circumstances and court decisions. If you believe your rights have been violated during a cell phone search, call us!

How long can a police officer detain me during a traffic stop in Texas?

In Texas, the duration of a traffic stop is generally expected to be reasonably brief. The U.S. Supreme Court has ruled that a traffic stop must be “reasonably limited in scope and duration” and that the officer’s actions should be aimed at addressing the reason for the stop.
While there is no specific time limit set in stone, courts have generally held that a traffic stop should be completed within a reasonable amount of time necessary to address the purpose of the stop, such as issuing a citation or conducting necessary checks. This reasonable duration typically means the time it takes to complete the tasks directly related to the traffic violation or suspicion that led to the stop.
If an officer extends the duration of the traffic stop beyond what is reasonable or begins to investigate unrelated matters without reasonable suspicion, it may be considered an unlawful detention or a violation of your Fourth Amendment rights.
However, it’s important to remember that specific circumstances can influence the duration of a traffic stop. For example, if the officer develops reasonable suspicion of additional criminal activity during the stop, they may be justified in prolonging the detention to investigate further.
If you believe your detention during a traffic stop has been unreasonably extended or violated your rights, call us!

If a person is arrested for a DWI, will their license be automatically suspended?

Yes, in Texas, if a person is arrested for Driving While Intoxicated (DWI), their driver’s license can be subject to automatic suspension. Texas has an administrative license suspension (ALS) process that is separate from any criminal charges related to DWI.
Upon arrest for DWI, the arresting officer may issue a Notice of Suspension, which serves as a temporary driving permit that is valid for 40 days from the date of the arrest. After this period, unless the driver requests an administrative license suspension hearing, their license will be automatically suspended.
If the driver does request a hearing within the specified timeframe (usually 15 days), they can contest the suspension. The hearing provides an opportunity to challenge the suspension and present evidence in defense of their license. If the administrative law judge rules in favor of the driver, their license will not be suspended. If the judge upholds the suspension, the license will be suspended.
The duration of the license suspension depends on several factors, including the driver’s prior DWI history and whether they refused to take a breath or blood test. For example, a first-time DWI offense without any prior DWI convictions or license suspensions may result in a 90-day suspension, while subsequent offenses can lead to longer suspensions.

What will happen in court if I have a bond violation report?

A bond violation report can have serious consequences for a person who is on bond in Texas. When a person is released on bond, they are required to comply with certain conditions set by the court. These conditions can vary depending on the nature of the charges, but they typically include requirements such as appearing for scheduled court hearings, refraining from committing new offenses, avoiding contact with certain individuals, and adhering to any additional restrictions imposed by the court.

If a bond violation report is filed against a person, it means that there is an allegation that they have failed to comply with one or more conditions of their bond. The consequences of a bond violation report can include:

Revocation of Bond: The court has the authority to revoke the person’s bond and order them back into custody. This means the person would be held in jail until their trial or until a new bond is set.
Increased Bail Amount: If the court does not revoke the bond, they may increase the bail amount, requiring the person to pay a higher sum to remain out of custody.
Additional Conditions or Restrictions: The court may impose additional conditions or restrictions on the person’s bond to address the alleged violation. This could include electronic monitoring, curfews, or mandatory counseling.
Criminal Charges: If the bond violation involves new criminal conduct, the person may face additional charges related to the new offense, separate from the initial charges that led to the bond.

It’s important to take bond conditions seriously and comply with them diligently to avoid bond violations and the potential consequences that may follow.

If a person has been convicted of a crime in Texas, can their record be expunged?

Expungement is a legal process that allows for the removal or deletion of records related to a criminal offense, providing individuals with the opportunity to have a clean slate.

However, it’s important to note that expungement eligibility and requirements vary depending on the nature of the offense, the specific circumstances, and the outcome of the case. Generally, the following situations may make someone eligible for expungement in Texas:

Acquittal or Dismissal: If a person is acquitted of the charges or if the case against them is dismissed, they may be eligible for expungement. This typically applies to cases where there is no finding of guilt or conviction.
Pardon: If a person receives a full pardon from the Governor of Texas or the President of the United States for the offense, they may be eligible for expungement.
Identity Theft or Mistaken Identity: If a person’s identity was used in the commission of a crime by someone else, resulting in their wrongful arrest or conviction, they may be eligible for expungement.
Juvenile Offenses: Some juvenile offenses may be eligible for expungement once the individual reaches a certain age or time has passed without any subsequent offenses.

It’s important to consult with us so we can determine if you meet the eligibility requirements for expungement and to guide you through the process. We can provide personalized advice based on the specific details of your case and help you understand the expungement laws and procedures in Texas.