KNOW YOUR RIGHTS: A Brief Texas Guide to YOUR RIGHTS AND Criminal Defense

Introduction

Facing criminal charges in El Paso, Texas is a serious situation that can carry long-lasting consequences. To protect yourself, it's important to understand your fundamental rights. This guide provides an brief overview of some of those rights and protections afforded to you under Texas and US law.

When Interacting with Law Enforcement

• The Right to Remain Silent: The Fifth Amendment guarantees your right against self-incrimination. Utilize this right. For example, some people say, "I wish to remain silent, and I want to speak with an attorney." Remember, anything you say can and will be used against you, even if you may think it's harmless.
• The Right to an Attorney: If you cannot afford an attorney, one will be appointed to you. If you can afford and attorney, this may be a good time to contact them and wait to answer questions or make statements to law enforcement until your attorney is present.
• Searches and Seizures: Generally, the police need a warrant to search you, your belongings, or your home. However, there are exceptions (e.g., during a lawful arrest, if they suspect you have a weapon or evidence of a crime is in plain view). You have the right to refuse a search and may want to unless you fully understand the situation or they have presented you with a search warrant. 

Arrest and Detention

• Probable Cause: The police must have "probable cause" (sufficient reason to believe a crime has been committed, and you were involved) to arrest you.
• Miranda Rights: Upon arrest, law enforcement must read you your Miranda Rights. These include:
  • The right to remain silent
  • The right to an attorney
  • That anything you say can be used against you
  • Right to have an attorney present during questioning
• Booking and Bail: Following your arrest, you'll be booked (processed) and may be eligible for bail. Bail allows you to be released as you await trial while guaranteeing your future court appearances.

The Criminal Process

• Arraignment: This is your first court appearance. The charges against you will be read, and you'll enter a plea of guilty, not guilty, or no contest.
• Discovery: Your attorney will access the evidence the prosecution has against you. This right is essential in building your defense strategy.
• Plea Bargaining: Many cases are resolved through plea bargains where your attorney will typically try to negotiate a dismissal, less severe charge, or reduced sentence with the prosecution. The outcome of 
• Trial: If you cannot reach a plea agreement, your case will go to trial. You have the right to a jury trial or a bench trial (decided by a judge). The prosecution bears the burden of proving your guilt beyond a reasonable doubt.

Specific Rights to Keep in Mind

• Right to a Speedy Trial: The Sixth Amendment guarantees you a timely trial to avoid prolonged, indefinite detention.
• Presumption of Innocence: You are considered innocent until the prosecution proves you guilty beyond a reasonable doubt.
• Right to Confront Witnesses: You have the right to be present at your trial and cross-examine witnesses testifying against you.
• Protection Against Cruel and Unusual Punishment: The Eighth Amendment protects you against excessive bail, fines, and unusual or cruel punishments.