Q & A
Plain-English answers to the questions we hear most often from people who have just been arrested, are under investigation, or received that knock on the door.
What to expect
Every case is different, but most criminal matters move through the same general stages — from the first call to a verdict.
We listen, identify what's urgent, and start protecting you immediately — including instructing you on what to say (and what not to say) to anyone.
We gather police reports, video, witness statements, and forensic evidence — often before formal charges are filed. Early work shapes everything that follows.
Booking, magistration, and bond setting. Where possible, we work to lower bond amounts and minimize restrictive conditions.
Your first formal court appearance. Charges are read; we enter a not-guilty plea and preserve every available right.
Discovery, suppression motions, motions to dismiss, and negotiations with the prosecutor. Many cases are won — or quietly resolved — at this stage.
If a favorable resolution is on the table, we explain it clearly. If not, we take the case to trial — judge or jury — fully prepared.
Acquittal, dismissal, or — if convicted — sentencing. We advocate for the lightest possible outcome and preserve appellate options.
Where eligible, we pursue expunction or non-disclosure so the matter doesn't follow you for the rest of your life.
Please note · The answers below are general legal information, not legal advice for your specific case, and reading them does not create an attorney–client relationship.
Stay calm, comply with physical instructions (step out of the car, place your hands behind your back), and clearly say: "I am invoking my right to remain silent and I want a lawyer." Do not argue, do not explain, do not try to talk your way out. Anything you say — even casual conversation in the back of a squad car — can and will be used against you.
No. Beyond providing your name and identifying information, you are not required to answer questions about where you've been, what you've been doing, or whether you've had anything to drink. Politely decline: "I'd like to speak with my attorney before answering any questions." Then stop talking. Silence is not an admission — it is your right.
No. If officers ask for your consent to search, you can — and should — politely refuse: "I do not consent to any searches." If they have a warrant or legal authority, they will search anyway, and your refusal preserves important issues for your defense. Consenting waives those protections entirely.
This is a fact-specific decision with real consequences either way — Texas's implied-consent law triggers an automatic license suspension for refusal, but test results can also be the strongest evidence against you. If at all possible, ask to speak with an attorney before deciding. Either way, do not perform field sobriety tests; they are voluntary and almost always used against you.
You'll be transported to a jail for booking — fingerprints, photo, and inventory of your property. You'll typically appear before a magistrate within 48 hours, who will read the charges and set a bond amount. Once bond is posted (cash, surety bond, or personal recognizance), you'll be released with conditions and a future court date.
Bond is the money or promise that ensures you'll return to court. Common types: cash bond (you pay the full amount), surety bond (you pay a bondsman roughly 10% as a non-refundable fee), or personal recognizance (no money, just your written promise). Bond conditions may include no contact with alleged victims, no alcohol, ankle monitoring, or check-ins.
Immediately. The earliest hours and days after an arrest are often the most important — evidence can be preserved or lost, statements can be prevented, and a defense strategy can begin before charges are even formally filed. If you suspect you're under investigation, hire counsel before charges are filed.
Not without a lawyer. "Witness" and "person of interest" are often gentle labels for someone the government is building a case against. A short conversation "just to clear things up" is one of the most common ways people make their own situation worse. Call an attorney first — always.
Yes. Officers are legally allowed to lie about evidence, what a co-defendant supposedly said, or whether they have you on video. This is one of the main reasons not to make decisions or statements without your attorney present.
No. Innocent people are convicted every day because they tried to talk their way out of it. Detectives are trained interviewers; you are not a trained suspect. Let your attorney tell your story, in the right forum, with the right facts, at the right time.
Most criminal cases are public record once charges are filed. We work to resolve matters quickly and quietly where possible — through dismissals, pretrial diversion, sealed records, or expunction — to protect your reputation and future opportunities.
It depends on the conditions of your bond. Many Texas bonds restrict travel outside the county or state, require advance permission from the court or bonding company, and prohibit international travel altogether (sometimes including surrender of your passport). Even for a permitted trip, you may need written approval, an itinerary on file, and proof you'll return for every court setting. Before you book anything — work travel, family events, vacation — read your bond conditions carefully and clear it with your attorney first. Traveling without permission can lead to bond revocation and re-arrest.
Court-appointed lawyers in Texas include many capable attorneys, but they often carry heavy caseloads and have very limited time for any one client. Retained counsel can move faster, investigate more thoroughly, hire experts, file pretrial motions, and negotiate from a position of preparation rather than triage. Outcomes depend on the facts of your case, but in our experience, the single biggest factor in a strong defense is the time and resources your lawyer can actually devote to it — and that is where retained counsel typically has a meaningful advantage.
Fees vary based on the charge, complexity, and whether the case goes to trial. We offer a confidential consultation to discuss your situation and a clear, written fee agreement before any work begins — no surprises.
Still have questions about your situation?
Every case is different. A confidential consultation is the fastest way to understand your options.
Request ConsultationThe information on this page is general legal education, not legal advice for your specific situation, and does not create an attorney–client relationship. For advice on your case, contact the Law Office of Phillip Hayes directly.