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What To Do Following An Arrest

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What to do following an Arrest

Steps to Take to Defend Your Freedom

If you have been arrested and charged with a crime, it is absolutely vital that you take action to defend yourself against the possibility that you will be convicted on the charges. Unfortunately, the criminal defense system is notoriously complex, and it is easy to make mistakes that can result in a conviction with consequences that can follow you for the rest of your life.

This situation may be an enormously stressful and confusing experience for you, especially if it is the first time that you have been arrested, but the team at R. Scott Magee, Attorney at Law is here to help.

To get you started with the process of building an effective defense, here is a brief overview of the steps you should take in the aftermath of your arrest.

Plead the Fifth

Under the Fifth Amendment to the Constitution of the United States, you cannot be compelled to serve as a witness against yourself in any criminal case. What this means to you at this point is that you do not have to say anything that could incriminate you or be used as evidence against you.

Most people make a serious mistake by waiving this right; they think that they can resolve the situation by being friendly and cooperative and by telling their side of the story to the investigators, but the fact is that this simply is not true. The police officer is not your friend when you are under investigation. His job is to solve crimes and to assist in securing convictions, and the only reason that he wants to speak with you is because he believes that you are the perpetrator.

Do Not Speak with Law Enforcement

Any questions that a police officer has will only be intended to get you to say things that incriminate you or to get you to confess to the crime. Instead of helping the investigators solve the crime, which you may not even have full knowledge of, exercise your right to remain silent.

Don’t let the officer or detective pressure you into talking by suggesting that refusing to speak makes you look guilty; the fact that you invoke your Fifth Amendment right to remain silent cannot be used against you in court.

You should not only refuse to speak with investigators, you also should refrain from talking to anyone except your attorney. For example, the police will sometimes use a “pre-text call” in hopes of obtaining a confession by setting up a scenario such as this:

The victim of a sex crime will make a phone call to the alleged perpetrator to request an explanation or apology without informing the other party, the suspect, that the call is actually being recorded as evidence. You cannot safely speak about the case with anyone but your Williamson County criminal defense lawyer.

Need an Attorney to Defend Your Williamson County Criminal Case?

Depending on the circumstances of your case, there may be people who can serve as witnesses for you. Make sure that you have a list of anyone who could testify on your behalf and provide this list to your attorney as soon as possible. If you are under investigation or have been arrested, the Williamson County District Attorney is already working to gather evidence and to build an overwhelming case against you, and you cannot afford any delay in mounting your own defense.

Bring the case to us right away so that we can begin interviewing witnesses, investigating the alleged crime, and working to develop an argument to clear your name.

We have handles thousands of misdemeanor and felon charges and are ready to take immediate action on your behalf! Contact us online or call (512) 983-1675 today to speak with our defense lawyer!

Case Results

Case Dismissed

State v. C.B – Drug Charges

Case Dismissed

State v. A.D. – DWI (involving accident)


State of Texas v. T.C. – Sexual Assault


This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney R. Scott Magee who has more than 15 years of legal experience as a practicing criminal defense attorney.

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