One Day Experience as a Lawyer

When You Are Arrested

When you are arrested you may be angry or scared, leading you to talk when you shouldn’t. During the arrest, it is important to be polite and cooperative with the police, but do not talk to them or answer questions. If the police later try to talk to you do not answer any questions or volunteer information without an attorney present.

You have the legal right to have an attorney with you during questioning. Anything you say will be used against you in court. Use your phone call to contact someone who can 1) bail you out of jail; 2) make arrangements with a bail bondsman if needed, and 3) help secure an attorney on your behalf if you are unable to post bond.

Within 48 hours after your arrest you will appear before a magistrate or judge. The criminal charges will be read and the amount of bail will be set. You will also be advised of your next court appearance.

Hire a Lawyer

The faster you hire an attorney after your arrest, the more time they will have to prepare your case. If you are unable to afford an attorney the United States Constitution requires that one be appointed to represent you.

You need to be aware that with court-appointed attorneys, Texas has a recoupment program. This means that defendants may be asked to reimburse the government all or part of the cost of their court-appointed lawyer. In 2016 Texas counties recouped over $11 million from defendants.

If there is any way you can afford to hire your own assault lawyer, that is the better alternative. That way you know what your fees are in advance and won’t have surprise bills arriving in the mail, sometimes years later.

What an Lawyer Will Do

The first meeting with your attorney will be an interview. They will ask you questions about yourself, your employment, family life, and if you have any prior criminal charges. It is important to answer all questions honestly.

Your attorney needs to know everything that could possibly be used against you in court. This allows them to prepare rather than be caught off-guard in court when the prosecutor springs information on them.

The attorney will question you about the alleged incident. They will want your version of the event. They also try to determine what evidence the prosecutor may have against you.

The prosecuting attorney’s job is to prove you committed the assault. Your attorney’s position job is to show that the prosecutor does not have enough evidence to prove you committed the crime. Even if your attorney knows you are guilty, their position is to defend you.

The attorney will work on a defense strategy. They will speak with the prosecutor and try to resolve the matter outside of trial. The lawyer will attend court with you and speak to the judge on your behalf.

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