1. Above all, DO NOT RESIST ARREST!  Even if the police officer is later found to have illegally arrested you, such illegal arrest is not a defense to resisting arrest.


2. Be POLITE!  Realize that in most cases, the officer is only doing his job and antagonizing him or berating him will only increase your chances of arrest.


3. If you feel the need to cooperate without contacting an attorney, then insist that any promises made to you by a police officer are put in writing, signed by you and the officer, and you be given a copy.  Better yet, you should request that any statement be tape recorded or video taped in its entirety.  Do not go "off the record" or talk when the recorder or video is not on.


4. Remember the exercise of your constitutional rights not to make statements or consent to searches cannot be used as evidence in court.  However, your exercise of these rights may not prevent the search of your person, car or home.  Do not interfere with the officer's search.  If incriminating evidence is discovered, your attorney may be able to challenge its admissibility later in court.


5. Finally, many times officers will ignore your request to call an attorney for advice, in which event it is still your option to comply with their requests -- not a requirement!  You should then seek legal counsel as soon as possible either by phone call from the jail or after your release.  The sooner a lawyer can be retained, the "fresher" the evidence will be in witness interviews, scene photos, etc..

Always insist that you be able to contact legal counsel before performing any tests or answering any questions (other than the basic question as to your identity) or before giving any consent to search your person, car, or home.

In many cases, your initial contact with law enforcement officers may involve being stopped while driving a motor vehicle.  Many of these stops escalate into investigations for possible drunk driving or even drug possession.

It is very typical for an officer to ask you to perform a series of field sobriety tests so he can determine if you are intoxicated.  The first and most common test is the H.G.N.
(horizontal gaze nystagmus), which consists of having you follow a pin or flashlight with your eyes.  Other tests include one-leg stands and nose touching.

If you have been drinking, it could be in your best interest to insist that you be allowed to contact a lawyer for advice as to whether you should submit to these tests.  You are under no obligation to do them.  You must, however, produce your Texas driver's license and insurance on demand.

At other times, whether stopped on the roadside or confronted at a home or business, you may be asked to answer questions.  You have no obligation to answer any questions.  You should politely request the opportunity to contact a lawyer for advice prior to answering any questions.

Further, you also do not have to consent to any search of your person, car or home.  Again, you can insist that you be allowed to contact a lawyer prior to giving any such consent.  The officer might ignore your refusal and still conduct a search, but that search may be challenged later in court to determine if the officer had sufficient legal authority to search.

Important:  Information  published herein is no indication of future successful defense as each case is judged on its own merits in a court of law.  Not certified by the Texas Board of Legal Specialization.  No attorney - client relationship is established through these web pages, and can only be established through personal face to face contact.  Email communication is not secure and is not a privileged form of communication.  Information contained herein is not to be construed as legal advice in any form.