Criminal Law QUESTIONS

Our team of Criminal Defense attorneys and legal staff has put together answers to these frequently asked questions about different kinds of Criminal Defense cases. These questions and answers will help you understand the different aspects of your case, and will guide you in understanding your rights. If you have any more questions please feel free to fill the contact form to the left, or call us at 1-866-789-1664 to speak to a Criminal Defense Attorney.

 

1. What to Do If You Are Arrested?

Answer: During the initial stage of your case, you must remember three things that are crucial and paramount to a successful defense of your case:

1. Hire a criminal defense attorney that regularly practices in the county that you are charged, and make sure your attorney is ready to fight for you. Not all criminal defense attorneys are ready to fight for you, make time to go see the attorney. Make time to go his or her office. Ask the attorney how many cases he or she has handled which are similar to your case. Ask questions.
2. Be honest with your criminal defense attorney. Your criminal defense attorney is bound by law and ethical code to keep anything you tell him/her confidential. Tell your criminal defense attorney everything, no matter how embarrassing. The more your attorney knows, the better he or she can prepare a defense for you.
3. Stay away from any witnesses, state or federal investigators, or reporters. If anyone approaches you, do not say anything and have them contact your criminal defense attorney. Do not say anything.

 

2. What is an arrest in Texas?

Answer: A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.

 

3. What are Probable Cause Requirements in Texas?

Answer: In the process of analyzing a warrantless arrest, it is the combination of factors that constitute a reasonable conclusion that there is probable cause to make an arrest without a warrant:

1. Information that a crime has been committed
2. Knowledge by the arresting officers of the facts of the crime
3. Observations of the arresting officers
4. Arresting officers’ basis for believing that a suspect would take flight if not placed in custody

 

4. Who Can Make an Arrest Under Texas Law as a Peace Officer?

Answer: The following are peace officers:

1. Sheriffs, their Deputies, and those Reserve Deputies who hold a Permanent Peace Officer License.
2. Constables, Deputy Constables, and all those Reserve Deputy Constables who hold a Permanent Peace Officer License.
3. Marshals or Police Officers of an Incorporated city, town, or village, and those reserve Municipal Police Officers who hold a Permanent Peace Officer License.
4. Rangers and Officers Commissioned by the Public Safety Commission and the Director of the Department of Public Safety.
5. Investigators of the District Attorneys’, Criminal District Attorneys’, and County Attorneys’ Offices.
6. Law Enforcement Agents of the Texas Alcoholic Beverage Commission.
7. Each member of an Arson Investigating Unit commissioned by a city, a county, or the state.
8. Officers Commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code
9. Officers commissioned by the General Services Commission.
10. Law Enforcement Officers commissioned by the Parks and Wildlife Commission.
11. Airport Police Officers commissioned by a city with a population of more than one million, that operates an airport that serves Commercial Air Carriers.
12. Airport Security Personnel Commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers.
13. Municipal Park and Recreational Patrolmen and Security Officers
14. Security Officers Commissioned as Peace Officers by the Comptroller
15. Officers commissioned by a Water Control and Improvement district.
16. Officers commissioned by a Board of Trustees under Chapter 54, Transportation Code.
17. Investigators commissioned by the Texas State Board of Medical Examiners.
18. Officers commissioned by the Board of Managers of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District under Section 281.057, Health and Safety Code.
19. County Park Rangers commissioned under Subchapter E, Chapter 351, Local Government Code.
20. Investigators employed by the Texas Racing Commission.
21. Officers commissioned under Chapter 554 Occupations Code.
22. Officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section.110, Transportation Code.
23. Investigators commissioned by the Attorney General under Section 402.009, Government Code
24. Security Officers and Investigators commissioned as Peace Officers under Chapter 466, Government Code.
25. An Officer employed by the Texas Department of Health under Section 431.2471, Health and Safety Code.
26. Officers appointed by an Appellate Court under Subchapter F, Chapter 53, Government Code.
27. An Investigator commissioned by the Commissioner of Insurance under Article 1.10D, Insurance Code.
28. Apprehension Specialists commissioned by the Texas Youth Commission as officers under Section 61.0931, Human Resources Code.
29. Officers appointed by the Executive Director of the Texas Department of Criminal Justice under Section 493.019, Government Code.
30. Investigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 1701.60, Occupations Code.
31. Commission investigators commissioned by the Texas Commission of Private Security under Section 1702.061(f), Occupations Code.
32. The Fire Marshal, and any investigators commissioned by an Emergency Services District to assist that Fire Marshal, under Subchapter F, Chapter 775, Health and Safety Code.

 

5. Can a Private Citizens Make a Warrentless Arrest in Texas?

Answer: In accordance with Texas Code of Criminal Procedure Article 14.01, Texas law permits private citizens to make arrests of those observed committing crimes against the public peace. Just as for peace officers, in order for a private citizen to make a valid arrest under this article, he must witness enough of the offense to form probable cause. The right of a private citizen to make an arrest under Article 14.01 is limited to the time the offense is committed or while there is a continuing danger of a re-commission. A private citizen cannot, after witnessing an offense, later pursue and validly arrest an offender. The right of a private citizen to make an arrest under this article also is limited to certain types of offenses; those that are classified as felonies and those that constitute a breach of the peace. A security guard can validly make an arrest under this article as a private citizen.