Getting stopped or questioned by police in Texas can be an unsettling experience, especially if you’re unsure what your rights are. Knowing how to handle yourself can make all the difference in the outcome, whether it’s a quick stop, a roadside encounter, or an in-depth interrogation.
At Peek Law Group, our San Antonio criminal defense attorneys work with individuals every day who aren’t sure what to say—or not say—during a police interaction. Here’s what you need to know to protect your rights and avoid worsening your situation.
Know What to Say, What to Do, and How to Protect Yourself
You Have the Right to Remain Silent
If a police officer starts asking questions, you are not required to answer, other than to identify yourself if requested. This right applies whether you’re being questioned on the street, pulled over, or brought to the station.
You can simply say:
- “I’m exercising my right to remain silent.”
- “I want to speak with my attorney.”
The sooner you invoke your right to remain silent, the safer you’ll be legally. Talking without a lawyer present can lead to unintentional self-incrimination—even if you believe you’ve done nothing wrong.
You Don’t Have to Consent to a Search
In most situations, police need a warrant, probable cause, or consent to search your property.
If asked to allow a search, you can legally say, “I do not consent to a search.”
This applies to your car, your home, and your personal belongings. If officers proceed without your permission, anything they find may be challenged later in court, but your clear refusal must be on the record.
Ask If You’re Free to Leave
You have the right to walk away if you’re not under arrest. Calmly ask, “Am I free to leave?”
If yes, do so without arguing or escalating the situation. If the answer is no, remain calm and state your wish to remain silent and speak with a lawyer again.
You Have the Right to an Attorney
If you are arrested, do not try to explain or talk your way out of it. Instead, clearly state, “I want to speak to an attorney.” Under the Sixth Amendment, you have the right to legal counsel. Do not answer any questions until your lawyer is present.
Stay Calm and Respectful
Even if your rights are violated, do not resist, argue, or become aggressive. Comply physically—but not verbally—while clarifying that you do not consent to a search or waive your rights. Remember badge numbers, names, and interaction details, and contact an attorney immediately.
Protect Yourself With Legal Representation
At Peek Law Group, we know how quickly a simple conversation with the police can lead to criminal charges. Our San Antonio criminal defense attorneys are here to protect your rights, guide you through the legal process, and fight for your future. If you’ve been questioned, detained, or arrested in Texas, don’t wait—call Peek Law Group at (512) 399-2311 today for trusted legal advice and aggressive defense representation.
Your silence is your right. Your lawyer is your protection. Use both.
