If police officers in Texas recently took you into custody on suspicion of criminal activity, you may understandably feel worried. After all, officers may have accused you of drunk driving or drug-related activity, and you know that a conviction could have negative effects on your future. As a result, you undoubtedly want to handle the situation to the best of your ability.
You may already be considering your criminal defense options, and that is wise. Planning ahead and determining which options may work best for you could help your case. It is also prudent to go over every detail of what happened before, during and after your arrest.
Did police officers act appropriately?
When police accuse a person of a crime, much of the focus lands on the suspect. People begin analyzing ways to determine whether the suspect committed the alleged crime. However, from the suspect’s side, it is wise to focus on the actions of the police officers. If an officer involved in your case did not follow the proper procedures during your arrest, that information could play an important part in your criminal defense. In fact, inappropriate actions by officers could lead to inadmissible evidence or charges dropped.
Procedures that officers must follow include the following:
- Having reason to make an arrest: An officer cannot arrest a person without cause. The officer must have observed a crime, have probable cause that the person carried out illegal activities or have an arrest warrant.
- Making the arrest: During an arrest, a person must believe that he or she is not free to leave. An officer does not necessarily have to use handcuffs or place a person in a police vehicle for the person to be under arrest.
- Reading Miranda Rights: An officer must inform you of your Miranda Rights. This step does not have to take place during the arrest, but it must happen before an interrogation.
Of course, officers have a number of other procedures they must also follow.
Going over your arrest
You may think that this approach could help your case, but you may not know whether an officer acted inappropriately. Fortunately, you can enlist the help of an experienced attorney who can go over the details of your arrest and help you determine whether this type of tactic could suit your particular ordeal.