Five Critical Mistakes People Make After a Felony Arrest
A felony arrest can leave you trying to decide things before you fully understand what comes next. One of the most consequential mistakes is treating the arrest as a time to explain, defend, or fix the situation yourself, when statements, communications, missed requirements, or destroyed evidence can create additional problems.
In Texas, some of the most important early steps are surprisingly practical: exercise your right to remain silent, get legal representation, preserve relevant information, follow every release condition, and avoid trying to influence witnesses or evidence.
At Garcia & Ramires, PLLC, our attorneys defend and protect clients facing felony charges. With offices in Arlington, Fort Worth, and Dallas, Texas, we work with individuals and families throughout the Greater Dallas-Fort Worth area, including Dallas County, Tarrant County, Ellis County, Johnson County, Rockwall County, Collin County, and Denton County.
If you have been arrested for a felony, we can help you understand the accusation and the next steps for your case. Contact us today to schedule a free consultation.
Mistake 1: Talking About the Case Before Speaking With a Lawyer
A common mistake is trying to explain what happened to police, investigators, acquaintances, or potential witnesses. Under the Texas Code of Criminal Procedure, Art. 15.17, arresting officers and magistrates are required to inform you of your right to remain silent and your right to have an attorney present during an interview with law enforcement or the state's attorneys.
That does not mean you should ignore lawful identification requirements or court instructions. Instead, avoid making substantive statements about the allegations until you have had an opportunity to discuss the situation with counsel. You should generally avoid:
Explaining your version of events to investigators without legal advice
Guessing about details you do not remember
Discussing the allegations in texts, emails, or social media posts
Asking another person to explain the case for you
Assuming that a casual conversation cannot later become relevant
A felony case can involve police reports, witness statements, photographs, videos, digital communications, and other evidence. What seems like an innocent clarification may have consequences you can't anticipate without knowing what evidence already exists.
Mistake 2: Ignoring the Conditions of Your Release
Getting released from custody does not necessarily mean the restrictions associated with the case are over. Depending on the circumstances, a court or magistrate may impose conditions involving matters such as monitoring, home confinement, drug testing, or restrictions on contact or locations. Texas law allows for certain conditions of release on bond, and any violations can affect your release.
This can create significant issues if you are trying to return to work, arrange transportation, care for children, or maintain your normal routine. Read your release paperwork carefully and ask your attorney about anything you do not understand rather than assuming a restriction does not apply. Pay particular attention to the following:
Court dates and required appearances
Reporting or supervision requirements
Curfews or geographic restrictions
Electronic monitoring requirements
Drug or alcohol testing conditions
Restrictions involving an alleged victim or other individuals
For example, if your release paperwork prohibits contact with a particular person, contacting that person through a friend or social media account may still create problems. The exact restrictions depend on the order or conditions in your case.
Mistake 3: Deleting Messages or Other Potential Evidence
Another serious mistake is deleting, altering, hiding, or destroying information because you are worried about how it might look. That can include text messages, photographs, videos, emails, documents, social media content, or other records connected to the allegations.
Texas Penal Code Section 37.09 classifies the intentional alteration, destruction, or concealment of records, documents, or things with the intent to impair their availability as evidence as a separate offense. The statute applies when its specific elements are met, so simply possessing unfavorable information is not the same as committing evidence tampering.
If you are concerned about information on your phone or another device, do not try to decide on your own what should be deleted. Instead, inform your attorney what exists and follow legal advice about preserving and handling potentially relevant material.
Mistake 4: Contacting Witnesses or the Alleged Victim About the Case
You may believe that contacting someone involved in the allegations could clear up a misunderstanding. However, if your release conditions restrict contact, or if the communication could be interpreted as an attempt to influence someone's participation in the case, reaching out can create additional complications.
This is particularly significant in cases involving alleged victims, witnesses, family members, or people who may have information about the allegations. Don't assume an indirect message through a friend, relative, coworker, or online account is acceptable just because you didn't communicate personally.
Before contacting someone connected to the case, discuss your situation with our experienced Texas criminal defense attorneys. The appropriate approach can depend on the allegations, the person's role, any bond conditions, and the stage of the proceedings.
Mistake 5: Waiting to Take the Case Seriously
A felony arrest is not the same thing as a felony conviction. The accusation still has to proceed through the criminal justice process, and the specific charge, evidence, procedural history, and circumstances of the case all matter.
However, waiting too long to address the case can make it harder to respond thoughtfully to immediate issues. Texas recognizes your right to representation by counsel in adversarial judicial proceedings, including your right to consult privately with counsel sufficiently in advance of a proceeding for adequate preparation.
If you cannot afford an attorney, the state will appoint counsel for eligible indigent defendants in qualifying proceedings. At the initial magistrate proceeding, you must be informed of your right to request appointed counsel if you cannot afford one.
Seeking legal advice early can help you understand the charge, current restrictions, upcoming proceedings that require your attention, and what information you should preserve. Our attorneys can help you evaluate the allegations and make decisions based on your actual circumstances rather than assumptions about what will happen.
Contact Our Criminal Defense Attorneys for Guidance After an Arrest
The most avoidable mistakes after a felony arrest often involve saying too much, ignoring release conditions, destroying potential evidence, contacting people involved in the case, or waiting too long to obtain legal advice. Taking a more measured approach can help you avoid creating additional problems while you address the underlying accusation.
At Garcia & Ramires, PLLC, our attorneys, Juan Manuel Garcia and Raul Cruz Ramires, can review your allegations, explain the applicable process, and discuss your legal options based on the circumstances of your case. We are committed to building a strong defense to protect your rights and your future.
With offices in Arlington, Fort Worth, and Dallas, Texas, we work with individuals and families throughout the Greater Dallas-Fort Worth area, including Dallas County, Tarrant County, Ellis County, Johnson County, Rockwall County, Collin County, and Denton County. If you have been arrested for a felony, contact us to schedule a free consultation.
