Houston criminal defense lawyer First steps
I just got arrested. What should I do?
Ask for a lawyer before discussing the allegations. Keep your release papers, follow court and bond requirements, and get help understanding what comes next. Erik Smith represents people facing felony and misdemeanor charges in Houston and surrounding counties.
01After an arrest in Texas
Protect your rights. Keep your bearings.
General information for you or a family member. The right response depends on the charge and the facts.
Stay calm and ask for counsel.
Do not physically resist. Clearly say that you want a lawyer and are invoking your right to remain silent before discussing the alleged offense. Follow lawful identification requirements.
Understand the first court appearance.
At magistration, Texas law provides for notice of the accusation and rights, including counsel and remaining silent. If you cannot afford a lawyer, ask about the court-appointed counsel process.
Read every release condition.
Keep bond papers, court notices, and any protective order together. Follow the orders currently in place and ask your lawyer about anything unclear. Do not assume release means the case is over.
Preserve the evidence.
Keep relevant texts, photographs, receipts, and witness information without changing or deleting anything. Discuss the facts privately with your attorney; avoid posting your account online.
Make a plan for the next setting.
Write down the court, case number, hearing date, and any reporting requirements. Get advice promptly if you have a warrant, missed a setting, or received a new notice.
Rights at magistration: Texas Code of Criminal Procedure, Article 15.17.
02Your first conversation
You don’t need all the answers.
Tell the firm where the arrest happened, which county and court appear on your paperwork, and whether anyone is still in custody. If you are calling for a family member, have their name and the information you already know ready.
Bring the charge or citation, bond conditions, court notices, and any license-suspension notice. Make a short list of dates and questions. Avoid sending sensitive case details through an ordinary website form.
A free consultation is an opportunity to discuss representation, the immediate concerns, and fees. Contacting the firm does not by itself hire an attorney or change a deadline.
03If the arrest was for DWI
Your charge. Your license.
A DWI can involve a criminal case and a separate administrative license process. Do not wait for a criminal court date to have the license paperwork reviewed. The notice and how it was delivered matter to the hearing deadline.
Erik’s forensic science training informs his review of traffic stops, roadside exercises, breath or blood testing, and laboratory records.
Houston DWI defense and license questions
Source: Texas DPS Administrative License Revocation program.
Check the county on your paperwork. Some Houston-area communities cross county lines. The firm also serves Travis, Brazos, Hardin, and Polk counties; availability depends on the matter.
Common questions
The questions you’re asking now.
General information only. Your situation deserves advice about its own facts.
Do I need a criminal defense lawyer for a first arrest?
Even a first charge can affect your work, family, and record. A lawyer can help you understand the accusation, the evidence, court requirements, and the available options.
Do I need a lawyer for a misdemeanor?
Misdemeanors can have serious consequences. Do not judge the case only by its label. Discuss the possible penalties, record consequences, and defenses before making decisions.
Can I hire a lawyer before charges are filed?
Erik can evaluate representation during an investigation. Ask for advice before an interview or response that could affect your rights.
Can a lawyer get me out of jail or get my case dismissed?
A lawyer can review detention, bond, the evidence, and potential legal challenges. Release, bond changes, and dismissal depend on the facts and the legal process; none is guaranteed.
What if I cannot afford an attorney?
Ask the magistrate or court about applying for appointed counsel. Eligibility and the appointment process depend on your circumstances and the applicable rules.
Updated . General information, not legal advice about a particular case.
Free consultation
Tell Erik what happened.
Call (346) 400-3484 for a free consultation about an arrest, an investigation, or a court notice. Have the county and the paperwork you received ready.
Criminal defense & personal injury · Greater Houston & surrounding Texas counties · Spanish-language assistance available