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Getting arrested is a frightening, disorienting experience — and most people have no idea what comes next. If you or someone you love has recently been taken into custody, understanding what to do after getting arrested in Texas can make a significant difference in the outcome of your case. At Magaña & Van Dyke Law Firm, we work with individuals throughout Denton County, TX who are navigating the criminal justice system and need clear, reliable guidance from the moment of arrest forward. Step 1: The Arrest and Booking Process more When law enforcement places you under arrest in Texas, they take you into custody based on probable cause — either through a warrant or an observed offense. From there, you'll be transported to a local jail or detention facility for booking. During booking, officers will record your personal information, photograph you, take fingerprints, and log the charges against you. Your personal belongings will be collected and held. This stage can feel overwhelming, but it's important to stay calm and avoid making any statements without an attorney present. Step 2: Know Your Rights — And Exercise Them One of the most critical things to understand about what to do after getting arrested in Texas is this: you have the right to remain silent, and you should use it. Anything you say can and will be used against you in court. Politely but clearly invoke your right to remain silent and request an attorney before answering any questions. Do not attempt to explain yourself to officers or try to "clear things up" on your own — even well-intentioned statements can be misinterpreted or used against you later. If you're wondering, do I need a lawyer after arrest in Texas? — the short answer is yes, and the sooner the better. Step 3: Bail, Bond, and Your First Court Appearance After booking, a magistrate will typically set a bail amount within 48 hours. Bail is the amount of money you or a family member must pay to secure your release from custody while your case is pending. The judge considers factors like the severity of the charge, your criminal history, and whether you pose a flight risk. You may be released on personal recognizance, required to post cash bail, or held without bail in serious cases. Missing a court appearance after being released on bail can result in a warrant being issued for your re-arrest and the forfeiture of any bond posted. Step 4: The Criminal Case Process in Denton County, TX Once you've been charged, your case enters the formal legal process. For misdemeanors, this typically stays within the county court system. Felonies are handled at the district court level. Here's a general breakdown of what follows: Arraignment — You enter a formal plea of guilty, not guilty, or no contest. Pre-trial hearings — Your attorney can file motions to suppress evidence, challenge the legality of the arrest, or negotiate with prosecutors. Plea negotiations — Many cases are resolved through plea agreements before reaching trial. Trial — If no agreement is reached, your case proceeds to trial before a judge or jury. Sentencing — If convicted, the court determines your punishment based on Texas law and the specifics of your case. Each of these stages carries high stakes. Having an experienced criminal defense attorney by your side throughout this process is essential to protecting your rights and building the strongest possible defense. Step 5: Do I Need a Lawyer After Arrest in Texas? This is one of the most common questions people ask after being taken into custody — and the answer is unequivocally yes. Do I need a lawyer after arrest in Texas? Absolutely. Texas prosecutors are experienced, well-resourced, and motivated to secure convictions. Without skilled legal representation, you risk making costly mistakes — from saying the wrong thing during questioning to missing key procedural deadlines that could have helped your case. An attorney who knows what to do after getting arrested in Texas can assess the charges against you, identify weaknesses in the prosecution's case, and advocate aggressively on your behalf at every stage. Whether you're facing a misdemeanor or a serious felony charge in Denton County, TX, the right legal representation can be the difference between a conviction and a dismissal. Step 6: Potential Consequences of a Conviction in Texas Texas takes criminal offenses seriously. A conviction — even for a misdemeanor — can affect your employment, professional licenses, housing applications, and immigration status. Felony convictions carry more severe consequences, including significant prison sentences, heavy fines, and long-term restrictions on your civil rights, including your right to vote or possess firearms. Beyond the legal penalties, the social stigma of a criminal record can follow you for years. This is why it's so important to take every charge seriously and act quickly. Understanding what to do after getting arrested in Texas means recognizing that your response in the days and weeks after an arrest can shape the rest of your life. Speak With a Criminal Defense Attorney in Denton County, TX Today If you've been arrested, time matters. Every hour you wait without legal representation is an opportunity missed. The attorneys at Magaña & Van Dyke Law Firm have deep experience defending clients throughout Denton County, TX against a wide range of criminal charges — from DWI and drug offenses to violent crimes and beyond. We understand the local courts, the prosecutors, and the system — and we put that knowledge to work for you. Don't face this alone. Contact us online or call us today to schedule your free consultation. The sooner you reach out, the sooner we can start building your defense.

While criminal mischief might sound like a minor offense, it can come with serious penalties depending on the exact nature of the allegations. The penalties for this offense range from misdemeanor to felony punishments, which means that the prosecutor could seek a sentence of years of incarceration. To protect your rights in a criminal mischief charge, be sure to get in contact with a Denton County, TX criminal defense lawyer. Fighting a charge of criminal mischief requires a close review of the events leading up to your arrest. At Magaña & Van Dyke, we have the skills and resources to investigate your case, drawing on decades of legal experience to develop a comprehensive defense strategy. What Is Criminal Mischief Under Texas Law? Every state has its own interpretation of what constitutes criminal mischief. Under Sec. 28.03 of the Texas Penal Code, criminal mischief is a property crime that involves intentionally or knowingly damaging another person’s property without his or her permission. The law provides multiple definitions of criminal mischief, including tampering with property, causing monetary loss through property damage, and defacing property with graffiti or drawings. Pranks resulting in property damage to someone else, like vandalizing a car or smashing a mailbox, can easily result in charges of criminal mischief. If you have been accused of this offense, you should seek legal representation immediately, as any statements you make to law enforcement could be used against you in court. What Are the Punishments for Criminal Mischief? The penalties for criminal mischief can vary wildly, but in many cases, the charge depends on the pecuniary loss – in other words, how much the act of criminal mischief cost the victim. When the damage is under $100, criminal mischief is a Class C misdemeanor – the lightest misdemeanor offense you can be charged with, punishable only by a fine. As the property damage escalates, so do the penalties. Any pecuniary loss of more than $2,500 will result in state jail felony charges, carrying up to two years in prison. When the damage exceeds $30,000, you can be charged with a third-degree felony, punishable by a decade in prison. Other factors aside from pecuniary loss can lead to harsher sentencing. For example, breaking an ATM in an act of criminal mischief is always charged as a third-degree felony. Some acts of criminal mischief can overlap with other crimes, like arson or criminal trespass, which can expose you to even steeper penalties. Is Consent a Defense to Criminal Mischief? You can be charged with criminal mischief if you tamper with property without the property owner’s consent. If you had the property owner’s clear permission to destroy, damage, or deface his or her property, you can potentially seek a dismissal of charges. Testimony from the property owner or other witnesses can support your claims in court. That being said, if you were accused of another crime in addition to criminal mischief (such as recklessly starting a fire), the property owner’s consent is not an all-encompassing defense. Contact a Cooke County, TX Criminal Defense Lawyer A charge of criminal mischief can have unexpectedly strict penalties. To protect your rights, reach out to the skilled Denton County, TX criminal law attorneys at Magaña & Van Dyke. We offer free consultations at 940-382-1976.

Felony charges should always be taken seriously, as they have the potential to impact the rest of your life if you are convicted. Compared to misdemeanors, felony offenses have longer jail sentences due to the gravity of the crimes. If you have been arrested for a felony, whether for a violent offense, a white collar crime, or something else altogether, a Cooke County, TX criminal defense lawyer can help. At Magaña & Van Dyke, we have successfully defended many clients accused of felony charges. While our past results are not a guarantee of future results, you can rest assured that when you work with our firm, your case will be handled by an experienced, aggressive attorney fighting on your behalf. Criminal Penalties for a Felony Conviction in Texas State jail felonies: Punishable by 180 days to 2 years in state jail Third-degree felonies: Punishable by two to 10 years in prison Second-degree felonies: Punishable by two to 20 years in prison First-degree felonies: Punishable by five to 99 years in prison, or life In addition, felony crimes can carry up to $10,000 in fines. Considering that some misdemeanor crimes like assault can easily be aggravated to felony charges ( Texas Penal Code Sec 22.01), seeking a criminal defense lawyer after an arrest is always in your best interests. An attorney can explore your options to get a felony charge reduced as much as possible, or even seek an acquittal. Will I Lose My Gun Rights for a Felony Conviction? Texas is a strong supporter of individual gun rights. However, if you are convicted of a felony crime, you could lose your right to possess a gun altogether. Under state law, convicted felons are barred from owning firearms until five years have passed since they have served their sentence, starting from the release date from prison or community supervision. Even then, convicted felons are only allowed to possess firearms at their homes, not in public. If you are accused of unlawful possession of a firearm as a felon, you could face criminal prosecution with third-degree felony punishments. A lawyer could assert different defenses on your behalf, such as arguing lack of possession or mistakes of fact. Other Collateral Consequences of a Felony Conviction Aside from the loss of your freedoms and certain other rights, the aftershock of a felony conviction could also be felt in other areas of your life. A felony conviction may make it much harder to find gainful employment or secure housing. Furthermore, these convictions cannot be expunged. A felony conviction can also directly affect your professional licenses for your job, hurting your future career prospects. Contact a Spanish-Speaking Denton County, TX Criminal Defense Lawyer If you have been accused of a felony crime, Magaña & Van Dyke can help protect your rights. With an aggressive defense strategy, our legal team will work toward the best possible result. To schedule a free consultation, call our offices at 940-382-1976 or contact our Cooke County, TX criminal law attorneys.

Being detained by police can be an extremely stressful experience, and in the heat of the moment, many people panic or make mistakes. If you have been charged with resisting arrest, you may face additional penalties that can enhance your sentence. To protect yourself from the most dire consequences, consider working with a Denton County, TX criminal defense lawyer. At Magaña & Van Dyke, our attorneys have helped people accused of many misdemeanor and felony crimes, including violent offenses. We will give your case a close review, going over possible defense strategies and exploring other ways to minimize a charge of resisting arrest. What Qualifies as Resisting Arrest? It is not always clear as to what does and does not count as "resisting arrest" during a heated encounter with law enforcement. Under state law ( Texas Penal Code Sec. 38.03), the offense is defined as intentionally stopping or obstructing a peace officer from carrying out an arrest by using force. You could also face charges of resisting arrest for using force to stop a police officer from carrying out a search, regardless of whether or not the search was lawful. Resisting arrest is a misdemeanor offense punishable by up to $4,000 in fines and a year of jail time. However, using a deadly weapon to resist arrest will upgrade the charge to a felony punishable by a maximum of 10 years in prison. Will I Go to Jail for Helping Someone Avoid Arrest? Even if you were not the subject of the arrest, you could still be charged with a crime for helping someone else avoid being arrested. You could face criminal prosecution for: Hiding somebody from police Giving someone the means to escape the police Warning someone in advance of the police coming This crime is a misdemeanor offense, but it can rise to the level of a felony if the person sought by law enforcement was wanted for a felony charge. However, you may be able to avoid prosecution for warning the suspect if you can show that you were trying to get him or her to obey the law. How Can I Defend Against Charges of Resisting Arrest? In a charge of resisting arrest, the prosecution’s case may lean heavily on intent. Essentially, this means that the prosecution has to prove that you purposefully tried to get away from the police by force. If you were handled roughly by police, you may not have been trying to evade arrest, but simply trying to avoid further injury. Our firm can review body cam footage and look for discrepancies in the officer’s testimony. Working with a defense lawyer is critical for challenging allegations of resisting arrest. Our firm will work to mitigate the seriousness of the charge, as well as any other charges that led to your arrest in the first place. Contact a Cooke County, TX Criminal Defense Lawyer If you have been accused of resisting arrest or any other crime related to obstructing law enforcement, Magaña & Van Dyke can help. To schedule a free consultation with our Denton County, TX criminal law attorneys, reach out to our offices at 940-382-1976.

Finding out that a restraining order has been issued against you can be an incredibly stressful experience. An ex parte restraining order can entail the immediate loss of certain privileges, and violating the order could result in criminal penalties. In these situations, knowing how to react and what steps to take is critical for your case. With the help of a Cooke County, TX criminal defense lawyer, you can challenge a restraining order in court and protect your rights. At Magaña & Van Dyke, we have experience representing clients accused of family violence and similar offenses in Texas. Our attorneys are available 24/7 for client concerns, so do not wait to reach out if you have had a restraining order issued against you. Can I Talk to My Ex if They File a Restraining Order? Understandably, people who have been served with an ex parte restraining order often want to clear things up with the other party. Although it might seem rational to try to talk out the issue, this can hurt your case in more ways than one. First, your restraining order might order you to cease all contact with the other party (known as the petitioner). This means that if you reach out, you could face the consequences of violating a protective order. Secondly, anything you say to your accuser could be used as evidence against you in a hearing for a permanent protective order. As such, the best thing you can do is to avoid the other party altogether until your court date. Instead, seek legal representation and keep all communication strictly between you and your lawyer. What Restrictions Can a Protective Order Include in Texas? An ex parte protective order can prevent you from taking certain actions against the petitioner for up to 20 days, usually until a full hearing can be held. An ex parte order may prohibit you from: Contacting the petitioner Harming or harassing the petitioner Going near the petitioner’s home, workplace, or school You may also be ordered to give up your firearms and leave a home shared with the petitioner. Though these restrictions can feel punishing, it is important that you obey the temporary order until you can properly state your case in a hearing. If you are accused of violating the order, you could be charged with a misdemeanor offense ( Texas Penal Code Sec. 25.07). Preparing for a Hearing for a Final Protective Order Ex parte protective orders are meant to provide short-term relief from harm. If the petitioner wants a long-term order, a hearing must be held to determine whether there is a good reason for it. Showing up to the hearing on time is crucial. If you do not appear in court, the judge could grant the final protective order without you present, and it may last for up to two years. Our attorneys can stand up for you at this hearing, speaking on your behalf in court. We will challenge the petitioner’s accusations and the strength of the evidence against you. If it becomes apparent that the accuser has an ulterior motive, we can bring it to the court’s attention. Contact a Cooke County, TX Restraining Order Lawyer If you have been served with a restraining order, you need strong legal representation. Magaña & Van Dyke is here to fight for you. Call our Denton County, TX criminal defense attorneys at 940-382-1976 for a free initial consultation.

If you have received a citation for a Class C misdemeanor like public intoxication or disorderly conduct, you might be tempted to simply pay the fine. A penalty of a few hundred dollars may not seem like much, but the consequences can follow you for years to come. To protect your future, the best thing you can do is to seek out legal representation. A Denton County, TX criminal defense lawyer can go over your options to fight a public intoxication or disorderly conduct charge. At Magaña & Van Dyke, we have defended clients against a wide range of offenses, ranging from minor misdemeanors to serious felonies. When you work with our firm, we will do everything in our power to mitigate the charges against you. Is Paying a Fine an Admission of Guilt in Texas? When you pay the fine for a Class C misdemeanor without jail time, you are essentially admitting that you committed that crime. This is treated as an immediate guilty plea, and you waive your right to a trial. Taking the path of least resistance is rarely the best option in a criminal case. Instead, if you choose not to pay the ticket, you can fight the charge in court and potentially get the sentence reduced or dismissed. Our criminal defense lawyers can explore your options to avoid a conviction, such as pretrial diversion for a first offense. What Are the Consequences of a Misdemeanor Conviction? A Class C misdemeanor does not disappear after you pay the fine. Your criminal record will be accessible to anyone who runs a background check on you, including employers, universities, and landlords. The stigma of your conviction can adversely affect your future opportunities, even if it was just a small infraction from a long time ago. The conviction will remain on your criminal record indefinitely unless you petition for a nondisclosure, which is a difficult process in itself. In many cases, you are better off contesting the charge rather than simply accepting a conviction. What Should I Do if I Have Been Charged With a Class C Misdemeanor? When you are charged with disorderly conduct or public intoxication, the citation will include a court date. This gives you time to prepare your defense and seek out legal representation. While your case is still ongoing, refrain from saying anything about your charges to anyone but your attorney. Any statements to police you make could be used as ammunition against you in court, no matter how well-meaning. At Magaña & Van Dyke, we can meet with you in private to discuss your strategy to fight the charge in court. We can also advise you of what to say in court and how to present yourself. Since our firm was established, we have received numerous positive reviews praising our aggressive and persistent defense. You can rest assured that we will fight for the best possible outcome to your case, keeping your best interests in mind. Contact a Denton County, TX Criminal Defense Lawyer If you have been charged with public intoxication or disorderly conduct, paying the fine could result in a lasting blemish on your record. At Magaña & Van Dyke, our Cooke County, TX criminal law attorneys can stand up for you in court to protect you from the collateral consequences of a conviction. Call us at 940-382-1976 to set up a free consultation.

Getting arrested for a criminal offense can be a disorienting experience. From the moment of your detainment, you may feel increasing pressure and stress. You might even feel powerless. However, you still have rights that you can and should exercise. Whatever charges you face, the best thing you can do is to get in contact with a Denton County, TX criminal defense lawyer. At Magaña & Van Dyke, we have years of experience handling serious misdemeanor and felony charges on behalf of our clients. Our firm can inform you of your rights and stand up for you throughout your case, making sure you are fairly represented. Knowing Your Miranda Rights The Fifth Amendment protects you from self-incrimination. This means that you have a right to remain silent while in police custody. Whether you are in the back of a police car or inside an interrogation room, saying nothing is one of the best ways to protect yourself. While it may seem tempting to speak in your own defense, oftentimes, the risk greatly outweighs the potential benefits. Your verbal statements could be used as evidence against you in court, even if you think you are helping your case by explaining yourself. With this in mind, "pleading the Fifth" is a sound strategy. Your Right to Legal Counsel After you have been arrested, you have a right to an attorney. This is crucial, as a legal professional can provide you with the advice and representation you need to fight the charges against you. You are also entitled to speak with an attorney in private, and have your attorney present during questioning. At Magaña & Van Dyke, we have a deep understanding of the legal procedures that take place after an arrest. We can provide you with qualified counsel for your situation, helping you come up with a strategy for your defense. Ideally, you should get in contact with a defense lawyer as soon as possible after questioning. What Can I Do if My Rights Were Violated? If you suspect that your rights were violated at any point during your criminal case, let your attorney know as soon as possible. For example, if the police did not read you your Miranda rights before an interrogation, the evidence could be deemed inadmissible in court. In another example, if you were subject to an illegal search in violation of your Fourth Amendment rights, anything procured from the search could be suppressed in court. Our criminal defense attorneys are keenly aware of your rights. We will fiercely advocate for you in court, bringing any injustices to the court’s attention. Meet With a Cooke County, TX Criminal Defense Lawyer Citizens who do not know their rights risk having them violated. At Magaña & Van Dyke, we can help you protect your best interests after an arrest, working diligently on your behalf. With decades of real experience and proven case results to show for it, you can trust that your case is in good hands with us. Call one of our Denton County, TX criminal law attorneys to schedule a free consultation today.

When it comes to allegations of criminal offenses, you might assume that the legal proceedings will only involve the hard facts of what happened. However, this is far from the truth. Sometimes, the difference between a conviction and a dismissal could hinge on intent. Proving a lack of intent can be a solid defense against many crimes. At Magaña & Van Dyke, we represent clients accused of a wide variety of misdemeanor and felony charges. Our Denton, TX criminal defense lawyers will go over your case to explore all possible strategies for getting the charges reduced or dropped, including an intent-based defense. What Is Criminal Intent? The Texas Penal Code defines intent as committing an act with a "conscious objective or desire" in mind, leaving no room for accidents. This term is often used alongside other legal terms of culpability, like "knowingly" or "recklessly" which are less purposeful than intent. Intent can have a significant impact on the outcome of a trial. For instance, if you strike someone with your car and kill them, you could be charged in various ways depending on whether you did it on purpose or it was an accident. At Magaña & Van Dyke, we can discuss the details of your case with you privately to better understand how intent will play a role in the possible sentence. How Do Prosecutors Prove Intent? It is of course very difficult to prove what someone’s motivations are without knowing their thoughts, so prosecutors will look for other indirect evidence to prove intent. To give a common example, a mere drug possession charge could be upgraded to possession with intent to distribute if the police found packaging materials around your home because that is not usually associated with drugs for personal use. Keep in mind that the prosecution does not have to prove that you had intent with 100 percent certainty. To convict you, the prosecutor only needs to establish that you committed the alleged crime beyond a reasonable doubt. At Magaña & Van Dyke, we will review all of the available evidence and challenge any assumptions made against you. The Importance of an Attorney Having a skilled criminal defense attorney at your side can help you fight accusations of criminal intent. Since the burden of proof is on the prosecution to establish intent, a criminal defense lawyer can poke holes in the case against you by asserting that there is not enough evidence to prove you intentionally or knowingly committed a crime. Consider the crime of soliciting a prostitute. Police officers may catch two people suspected of engaging in prostitution and arrest them both. However, if the prosecution cannot prove that the parties intended to engage in a transaction, a defense attorney can call the charges against you into question. At Magaña & Van Dyke, our lawyers can advocate on your behalf before a judge and make an argument for a lack of criminal intent. Contact a Cooke County, TX Criminal Defense Lawyer Today Have you been accused of committing a crime without solid evidence of intent? Our Denton County, TX criminal law attorneys can give you a voice in the courtroom and present your version of events to a judge. Call our offices at 940-382-1976 to schedule a free consultation today.

Anyone who watches crime dramas on television has probably seen an actor attorney implementing the insanity defense for his or her client. And, on television, this defense seems to work out well for the accused. In reality, " not guilty by reason of insanity " is a defense that is rarely used. The primary drawback of the insanity defense is the potential for defendants to feign or exaggerate mental illness to avoid prison. Evaluating a person’s mental status at the time of a crime can be extremely subjective and complex. Five different mental experts could have five different opinions regarding a defendant’s sanity, making it extremely challenging to use insanity as a defense. If you are facing criminal charges, it is extremely important that you speak to a knowledgeable Cooke County, IL criminal defense attorney as quickly as possible so that your attorney has time to craft a comprehensive defense on your behalf What is the Insanity Defense in Texas? Not guilty by reason of insanity is a defense used by only a small number of people each year across the state of Texas, despite the fact that thousands of mentally ill people are arrested in the state each year. The insanity defense is reserved for those who did not know their conduct was wrong because of a severe mental illness. As an example, a mentally ill person might hear voices that tell him or her to hurt another person - something that is both morally wrong and illegal. For an insanity defense to be successful, the defense attorney must prove two things: The defendant suffered from a severe mental defect or disease. As a result of the severe mental defect or disease, the defendant was unaware that his or her conduct at the time of the crime was wrong. What is the Punishment When an Insanity Defense is Successful? If a defendant is found not guilty by reason of insanity, they are technically acquitted of all criminal charges. This does not mean the defendant will immediately be released into society. After a verdict of not guilty by reason of insanity, a judge will hold a hearing within 30 days. This hearing will determine whether the person committed a violent offense and whether he or she is mentally ill. If the court finds that the defendant either did not commit a violent offense or is no longer mentally ill, the individual may be discharged on his or her own, placed with a responsible person, or transferred to probate court. If the defendant is transferred to probate court, there will be a civil commitment proceeding to determine whether he or she should be committed to a Texas Department of Mental Health facility. If the crime is violent, the court can either retain jurisdiction or transfer the defendant to probate court. If the court retains jurisdiction, the defendant can be committed to a maximum-security state hospital for up to 90 days. When the initial 90 days are up, the judge will determine whether the defendant should be recommitted for up to a year. When each year of commitment is up, the judge can have the defendant recommitted for another year, up to the number of years of prison the defendant would have received if found guilty of the offense. Why is the Insanity Defense Rarely Used in Texas? Only about one percent of all criminal cases use insanity as a defense. Of that one percent, few are successful, especially in a jury trial. Jurors typically have a hard time finding a defendant not guilty when they are fairly certain the defendant committed a criminal offense. Jurors may not be told that defendants who are found not guilty by reason of insanity will typically be held in a state mental health facility until a medical treatment team judges them stable enough to be released. Beyond that, a judge must approve of any such release. Contact a Denton County, TX Criminal Defense Lawyer If you have been charged with a crime, it is essential that you receive a comprehensive defense. When you choose a Cooke County, TX criminal defense attorney from Magaña & Van Dyke, you can be sure you will receive a solid defense with an eye toward the best outcome possible. Call 940-382-1976 to schedule a free consultation. Se Habla Espanol.

While it may seem difficult to believe, the police can—and will—lie to you during a criminal investigation. In fact, police officers are trained in these tactics to lead you into making an incriminating statement. From attempting to persuade you that confessing is in your best interests to working hard to convince you that your behavior is unlikely to result in charges, blatant untruths are extremely common during an investigation. Understanding this is critical so you do not inadvertently say something that will make charges more likely or more serious. Before you meet with a police officer, a police investigator, or a state prosecutor, it is extremely important that you speak to an experienced Cooke County, TX criminal defense lawyer. Is Police Deception Allowed Under the Law? Court rulings, including Frazier v. Cupp (1969), have upheld the practice of allowing police to lie to suspects during investigations and interrogations. In this particular case, the court ruled that no constitutional provisions are violated when police officers use deception to elicit a confession (Code of Criminal Procedure 38.22) or trick a suspect into giving the police details about a specific crime. There are very few rules regarding the ability of the police to lie to suspects. Police are not supposed to coerce an innocent person to confess to a crime he or she did not commit – although there are plenty of instances where that very thing happens. The police cannot psychologically bully a suspect into making a statement by using outright threats or false assurances and are not allowed to blatantly misrepresent a suspect’s legal rights. All of that being said, police can and do "walk the line" when investigating crimes. How Do Police Typically Lie to Suspects? There are many different ways a police officer can either tell an outright lie or simply hint that something is true that is not. A police officer could tell a suspect that a witness at the scene of the crime identified the suspect or that his or her fingerprints were found at the scene of the crime. Implying leniency is a way many police officers lie to suspects by "suggesting" that a confession will result in a more lenient sentence – or will allow the suspect to go home. Only prosecutors can make deals, so any deal offered by a police officer is nothing more than a ploy to obtain a confession. A police officer may downplay the seriousness of the situation, telling a suspect that he or she is simply "a person of interest" or a witness while gathering evidence against the suspect. False confessions are relatively common simply because a person unused to the criminal justice system might believe it when an officer says if he or she will just confess, the ordeal will be over. In particular, younger suspects, those unfamiliar with their rights, and those with cognitive impairments are especially prone to making false confessions under pressure. Tricking a suspect into a confession may take the form of overstating the penalties of a conviction for the criminal offense being investigated. Police officers may also present the suspect with several possible scenarios of the crime to get him or her to confess to one of those scenarios. While police officers are no longer allowed to physically assault suspects, they do use interrogation tactics that are meant to create a sense of isolation and fear. Being deceived by the police can leave lasting scars, including a sense of betrayal, anxiety, fear, and anger. When police deception crosses the line into violating the suspect’s rights, a knowledgeable criminal defense attorney can use that to potentially have the charges dropped or lowered. Contact a Denton County, TX Criminal Defense Attorney If you have been asked to come in to speak to the police or you have been arrested and placed in an interrogation room, you need to immediately ask for a Cooke County, TX criminal defense lawyer. After doing so, refuse to answer any questions until your attorney arrives. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.

Although criminal charges can occasionally come out of left field, in many cases, an individual is aware that he or she could be under investigation by law enforcement. If you suspect you could be under investigation, it is extremely important to be proactive. Rather than waiting in dread until you are arrested, getting ahead of the situation can ensure your rights are protected while positively influencing the outcome of the potential charges. It can be very beneficial to speak to a knowledgeable Cooke County, TX criminal defense lawyer who can guide you through a pre-file investigation. What is a Pre-File Investigation? If police think you may have committed a crime, but no formal charges have been made, this is known as a pre-file investigation. During a pre-file investigation, evidence is gathered, and interviews are conducted to determine whether there is sufficient evidence to charge you with a crime. At this stage, law enforcement could also be conducting surveillance (including video and audio recordings) and observing your behavior. Every interaction you have with law enforcement can impact the outcome of the criminal charges. When an experienced criminal defense attorney intervenes early on, it can prevent you from saying something that might inadvertently strengthen the case against you. A skilled attorney may also be able to present exculpatory evidence that will convince the prosecutor not to file charges. What Should I Do if I Think I Am Being Investigated? The first thing you must do if you believe you are being investigated for a crime is speak to an attorney. You should also take note of the following tips if you believe you are under investigation for a criminal offense: Never make a statement to anyone in law enforcement – including investigators for the police or prosecutor – without first speaking to an attorney. Do not talk about the potential charges (or the criminal act that triggered an investigation) to anyone, including family members or friends. Be careful what you say on the phone or even in your home in the event you are being listened to by law enforcement. Never voluntarily consent to a search of your property, belongings, or person unless the police have a valid search warrant signed by a judge. If you have any evidence that supports your innocence or otherwise supports your case against criminal charges, make sure that evidence is properly secured. This might include witness contact information, text messages or emails, and your own account of the alleged criminal offense. If law enforcement has a warrant, do not attempt to obstruct them, but do read the warrant carefully and contact your attorney immediately. The warrant should have a "scope," meaning it will detail what areas can be searched. If law enforcement asks you to make a "voluntary" statement, do not say anything until you have spoken to your lawyer. Ways Your Attorney Can Help You During the Pre-File Investigation As noted, the outcome of your potential criminal charges can benefit from strategic legal intervention, including negotiating with the prosecutor to reduce the anticipated charges or ensure that charges are not filed at all. Your attorney can gather evidence that supports your version of events regarding the alleged crime and secure expert testimony from those who can challenge the prosecutor’s version of events. Finally, your attorney will be prepared for a variety of scenarios, ensuring you are in the best possible position regardless of what police or prosecutors do. Contact a Denton County, TX Criminal Defense Lawyer Every case and every defendant are unique in some way, requiring a comprehensively tailored approach. When you choose a highly qualified, experienced Cooke County, TX criminal defense attorney from Magaña & Van Dyke, you have taken an important step toward safeguarding your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.

If you have ever had a party at your home or been to a rowdy college party at a friend’s home, you may know that feeling of panic and fear when the police knock on the door and demand that the owner let them in. Even when there is nothing illegal going on in the home, it can be a gut-wrenching experience. Are you sure there is nothing illegal going on? What if someone at the party has a joint in his or her pocket? What if one of the guests is not old enough to drink alcohol? What if the police know about that speeding ticket you forgot to pay? If you do not open the door, will they break it down like they do in the movies? Since most people do not have a criminal defense attorney on speed dial, you may be uncertain of your rights and whether you legally have to open the door and let the police in. If you did let the police in without a warrant, or if you refused and they promised to come back with a warrant, you need to speak to an experienced Cooke County, IL criminal defense attorney as quickly as possible. Can the Police Come In If the Owner Refuses? The United States and Texas Constitutions protect the right of people to be secure in their "persons, houses, papers, and effects" against unreasonable searches. By definition, then, a search must be reasonable. If a search is later deemed to be unreasonable, all the evidence gathered from that search will be considered inadmissible. The police almost always need a warrant to enter a person’s home without permission. To get that warrant, they must convince a judge, based on probable cause. A search is virtually always unreasonable without a warrant – or permission from the homeowner – with a couple of exceptions. If the police are knocking on the front door, the owner does not have to open the door. If the owner does open the door and the police ask to come in, the owner should ask whether they have a warrant. If they say they do have a warrant, the owner should ask that they hold it up to a window or slide it under the door. Chatting with the police, even through a screen door, is virtually never a good idea. The minute a person talks to the police, evidence begins to accumulate that can be used against him or her. The only thing anybody should ever say to the police (other than providing his or her name and address if asked) is, "I will not answer questions without a lawyer present." But what about those "exceptions"? Police without a warrant can enter a home when there are " exigent circumstances." What Are Exigent Circumstances? Texas courts detail three situations that can be considered under exigent circumstances: To prevent the destruction of evidence or contraband To render assistance to a person believed to be in danger To protect the officers from a person inside the home believed to be armed and dangerous So, there are three situations in which an officer can enter a home: the owner gives the police permission to enter, the police have a warrant, or the police believe there are exigent circumstances. Even those who have absolutely nothing to hide should never invite the police into their home unless they have a warrant. If the police try to muscle their way in, never resist or run; people who do often end up injured or dead. Contact a Denton County, TX Criminal Defense Attorney If you are the victim of an illegal search and seizure, you need a Cooke County, TX criminal defense attorney who will advocate strongly for your rights. An attorney from Magaña & Van Dyke can ensure you receive a vigorous, thorough defense for any criminal charges you are facing. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol