Common Mistakes People Make After Being Arrested in Texas

Being arrested in Texas is overwhelming. Fear, confusion, and stress often cause people to make decisions in the moment that can seriously harm their case later. What you do — and what you don’t do — after an arrest can have a major impact on the outcome of your criminal case.

Below are some of the most common mistakes people make after being arrested in Texas, and how to avoid them.

One of the biggest mistakes people make is trying to “explain” themselves to law enforcement. Many believe that cooperating fully or giving their side of the story will clear things up. In reality, anything you say can be misunderstood or used against you.

You have the right to remain silent. Once you clearly state that you are invoking this right and want to speak to an attorney, questioning should stop.

Related reading: Understanding Your Miranda Rights in Texas: What They Really Mean

Another common mistake is giving police permission to search your car, phone, home, or belongings. Many people assume refusing a search will make them look guilty — but consent removes important legal protections.

If police search without a warrant or legal justification, evidence may be challenged or suppressed later. If you give consent, those defenses may be lost.

Related reading: Can You Refuse a Search in Texas? What the Law Really Allows

Posting on social media after an arrest — even vague statements or jokes — can seriously hurt your case. Prosecutors regularly monitor social media and may use posts, photos, or comments as evidence.

Even messages sent privately can be screenshotted and shared. The safest move is to stay silent online until your case is resolved.

Some people believe hiring a lawyer makes them “look guilty.” In reality, asking for an attorney is a smart and responsible step. Police are trained to gather evidence, not protect your rights.

A criminal defense attorney ensures:

Related reading: What to Say and Not Say to Police in Texas

Failing to appear in court is a serious mistake that can result in:

Always attend every court date and communicate with your attorney if there is an emergency or scheduling issue.

Some people underestimate their situation, especially when facing misdemeanor charges. Even minor offenses can carry long-term consequences, including fines, jail time, a permanent criminal record, and employment issues.

Understanding the difference between charge levels is critical.

Related reading: Texas Felony vs. Misdemeanor Charges: What’s the Difference?

Time matters in criminal cases. Evidence can disappear, witnesses’ memories fade, and early mistakes can be difficult to undo. The sooner an attorney is involved, the more opportunities there may be to challenge evidence, negotiate, or seek dismissal.

Related reading: The Importance of Hiring a Local Criminal Defense Lawyer in Laredo

Many people feel lost after an arrest and don’t understand the process ahead — from booking to court appearances and possible trial. Not knowing what to expect can lead to poor decisions.

Related reading: What Happens After You’re Charged With a Crime in Texas: From Arrest to Trial

If you or a loved one has been arrested, avoiding these mistakes can make a meaningful difference in your case. You do not have to navigate the Texas criminal justice system alone.

An experienced criminal defense attorney can review the details of your arrest, protect your rights, and guide you through every stage of the process.

If you’ve been arrested or are under investigation in Texas, contact The Law Office of Silverio Martinez for experienced and strategic criminal defense representation.