Your Right to an Attorney if Questioned by the Police in Texas

Your Right to an Attorney if Questioned by the Police in Texas

Getting pulled over or questioned by the police can be an intimidating and confusing experience. Many people don’t fully understand their legal rights in those situations. Do you have the right to an attorney if the police stop or question you in Texas? The short answer is yes. You have the constitutional right to speak to a lawyer before answering questions or providing information to the police. Here’s an overview of your legal rights and what to do if you find yourself in that situation.

Your Right to Remain Silent

Let’s start with the basics. The Fifth Amendment of the U.S. Constitution provides protection against self-incrimination. That means you have the right to remain silent when questioned by police. You are not legally required to answer their questions or volunteer information. In fact, legal experts often advise that you avoid answering questions and instead clearly invoke your right to remain silent.

To invoke your right to silence, you simply need to tell the officer something like, “I am exercising my right to remain silent.” After that, stop answering questions. If the police continue to ask questions, calmly repeat that you are invoking your right to silence. Be polite, but firm. Do not physically resist. Just repeat that you are not answering questions.

Your Right to an Attorney

In addition to remaining silent, you also have the right to consult with an attorney before answering any questions from the police. This comes from the Sixth Amendment, which guarantees your right to legal counsel. To invoke this right, clearly tell the officer something like, “I want to speak to an attorney.”

At that point, the police must stop their questioning until you have had the chance to meet with a lawyer. They cannot legally continue to ask you questions or pressure you to talk without an attorney present. If they do, they are violating your constitutional rights.

Your right to counsel applies whether you are stopped on the street, pulled over in your car, or interrogated at the police station. Anytime the police want to question you or have you provide potentially self-incriminating information, you can invoke your right to an attorney.

Public vs. Private Defenders

When you invoke your right to an attorney, you have options for legal representation. If you cannot afford a private defense lawyer, you can ask for a public defender. Public defenders are attorneys appointed by the court to represent defendants who cannot pay for counsel. The quality of public defenders can vary greatly depending on the jurisdiction. But they are required to provide you with effective legal assistance.

If you can afford a private attorney, you have the right to consult with them instead of a public defender. You are not required to use a public defender if you have the means to hire your own lawyer. Just be aware you will have to pay for the services of a private attorney.

What to Say to the Police

Because you have the right to remain silent and the right to an attorney, legal experts advise that you avoid answering police questions beyond identifying yourself. Anything you say to the police can potentially be used against you, even if you are innocent. The only information you are required to provide is your name, if asked.

Here are some examples of what to say if stopped or questioned by police in Texas:

• “I am exercising my right to remain silent.”
• “I want to speak to an attorney.”
• “I do not consent to any searches.”
• “Am I free to leave?”
• “I do not answer questions without an attorney present.”

Repeat those phrases as needed until you have legal counsel present. Be polite, but do not engage in small talk or answer questions beyond identifying yourself.

Common Police Tactics

While exercising your rights, be prepared for the police to use common tactics to try to get you to talk. For example, they may say things like:

• “If you have nothing to hide, then you should answer our questions.”
• “Things will be easier if you cooperate with us now.”
• “We just need to clear up a few things, it will only take a minute.”
• “If you don’t answer, we’ll have to take you to the police station.”

Do not fall for these tactics. Politely but firmly repeat that you are exercising your rights. The police may threaten you with inconveniences like taking you into custody or impounding your car. But they cannot legally punish you for invoking your rights.

Consenting to a Search

In addition to remaining silent and asking for an attorney, you should not consent to any police searches. If the police ask to search you, your car, or your belongings, clearly state “I do not consent to any searches.”

If they pressure you or claim to “smell marijuana,” calmly keep stating that you do not consent to a search. However, if the police have a valid search warrant, you must comply. Having an attorney present ensures the police have followed proper protocol.

Record the Interaction

If possible and legal, discreetly record your interaction with the police. This creates a record of the stop and any police misconduct. But be aware that some states require both parties to consent to recording. Know your local laws before recording conversations with the police.

When You Can Be Searched

There are certain circumstances where the police do not need a warrant or your consent to conduct a search. For example, if you are lawfully arrested, the police can search your person and immediate surroundings. They can also do a limited pat down search if they have “reasonable suspicion” that you are armed and dangerous.

However, without your consent or a warrant, the police need probable cause to search your belongings or vehicle. If they pressure you for consent, politely decline and wait for legal counsel.

Traffic Stops vs. Detainment

Your rights can vary slightly depending on whether you are pulled over in a traffic stop or temporarily detained by police. During a traffic stop, you must show your driver’s license and registration when asked. Otherwise, you can invoke your right to remain silent.

If you are detained on the street, you may have to provide your name if asked. But you still have the right to remain silent and ask for a lawyer. Keep in mind police encounters can quickly escalate from a detention to an arrest.

If You Are Arrested

Being placed under arrest reduces your ability to freely exercise your rights. The police can search you and your immediate surroundings without consent or a warrant after an arrest. In most cases, the police must still advise you of your Miranda rights to remain silent and have an attorney present during questioning.

Whether you are arrested or simply detained, your best bet is to ask for a lawyer and avoid answering questions without counsel present. The police know how to gain information and admissions from people who try to talk their way out of trouble.

Waiving Your Rights

While you have the constitutional right to remain silent and access an attorney, you can waive those rights. If you start answering police questions without asking for a lawyer, the courts may rule you have implicitly waived your rights. That’s why it’s critical you explicitly invoke your rights by telling police you are exercising your right to silence and want counsel.

Never assume your rights are implied. You have to clearly state out loud that you are invoking your right to remain silent and want to see an attorney. Verbally asserting those rights is the only way to ensure your rights are preserved.

Seeking Legal Counsel

Exercising your rights is not an admission of guilt. It’s simply the smart thing to do when questioned by police. Having an attorney present protects your legal interests and ensures the police follow proper procedures. They cannot legally force you to talk without representation.

Most lawyers offer free consultations, so don’t hesitate to contact one. Look for criminal defense attorneys experienced with police investigations. Be prepared with the details of your case. Hiring professional counsel is your best defense against self-incrimination.

With a basic understanding of your rights, you can protect yourself if questioned or detained by police in Texas. Politely but firmly decline to answer questions and ask for legal counsel. That simple act can prevent you from accidentally incriminating yourself and ensure proper police conduct.

References

Texas Constitution and Statutes. (n.d.). https://statutes.capitol.texas.gov/

Know Your Rights | Stopped by Police. (2020, June 2). https://www.aclu.org/know-your-rights/stopped-by-police/

Berkemer v. McCarty, 468 U.S. 420 (1984). https://supreme.justia.com/cases/federal/us/468/420/

Texas Criminal Defense Lawyers Association. (n.d.). https://www.tcdla.com/