What to Do If You’re Stopped by Police or Arrested in Texas
January 19, 2026
Being stopped by the police or arrested in Texas can be stressful and confusing, especially if you’re unsure of your rights. What you do (and say) during a police encounter can significantly impact whether charges are filed and how your case unfolds.
At Schneider Law Firm, we help Texans protect their rights during police stops, detentions, and arrests. Understanding the difference between these encounters and how to respond can help safeguard your freedom and your future.
Your Rights During a Police Encounter in Texas
Not every interaction with law enforcement is the same. Your legal rights change depending on whether you are in a consensual encounter, detention, or arrest.
1. Consensual Encounter: “Am I Free to Leave?”
A consensual encounter occurs when an officer approaches you and asks questions, but you are not legally required to stay.
What to do:
- Politely ask: “Am I free to leave?”
- If the officer says yes, you may calmly walk away.
- You are not required to answer questions or consent to searches.
Many people unknowingly give up their rights by assuming they must comply. Asking this simple question helps clarify your legal status.
2. Detention: When You Are Not Free to Leave
If an officer says you are not free to leave, you are being detained. In Texas, a lawful detention requires reasonable suspicion that criminal activity is occurring, has occurred, or is about to occur.
Your rights during a detention:
- You do not have to answer questions.
- You should clearly state:
“I am exercising my right to remain silent.” - You may ask if you are being detained or arrested.
- In most situations, you do not have to consent to a search.
- If driving, you must provide your driver’s license and proof of insurance.
Officers may ask you to step out of a vehicle or conduct a brief pat-down for safety reasons. Remain calm, keep your hands visible, and follow lawful commands without volunteering information.
3. Arrest: What to Do If You Are Taken Into Custody
If you are arrested in Texas, you are being formally charged or accused of a crime. This is when your actions matter most.
Immediately after an arrest:
- Do not argue or try to explain your side of the story.
- Clearly state that you wish to remain silent.
- Ask to speak with a criminal defense attorney.
- Do not consent to searches or give statements.
Contrary to what you see on television, police are not required to read your Miranda rights at the moment of arrest. However, your statements can still be used against you.
Common Reasons People Are Arrested in Texas
Arrests can happen in a wide range of situations, including:
Even a first-time arrest can result in serious penalties such as jail time, fines, license suspension, and a permanent criminal record.
After an Arrest: What Happens Next?
Posting Bond and Court Dates
After booking, you may be eligible for bond. Release conditions may include:
- No alcohol or drug use
- Travel restrictions
- No-contact orders
Missing a court date can lead to additional charges and a warrant for your arrest.
Why You Should Contact a Texas Criminal Defense Attorney Immediately
The time following an arrest is critical. Evidence such as body camera footage, dash cam video, police reports, and breath or blood test results must be reviewed quickly.
An experienced Texas criminal defense lawyer can:
- Protect your constitutional rights
- Challenge unlawful stops or searches
- Identify procedural errors
- Negotiate reduced charges or dismissals
- Represent you in court
At Schneider Law Firm, we act fast to protect your freedom, your record, and your reputation.
Avoid Discussing Your Case
Do not talk about your arrest with:
- Friends or family
- Coworkers
- Anyone on social media
Even innocent statements can be misunderstood and used against you. Your attorney should be the only person you discuss your case with.
The Long-Term Consequences of an Arrest in Texas
A criminal conviction can affect:
- Employment opportunities
- Professional licenses
- Insurance rates
- Driving privileges
- Immigration status (for non-citizens)
Early legal representation can often prevent or reduce these consequences.
Protect Your Rights and Your Future
Being stopped or arrested by police does not mean you are guilty. Knowing your rights and exercising them properly can make all the difference.
If you’ve been stopped by police or arrested in Texas, contact Schneider Law Firm today for a confidential consultation with an experienced criminal defense attorney. We are here to protect you when it matters most.