The first 48 hours after an arrest in Texas are the most important, and the most dangerous. Decisions made in this window, including what you say, who you talk to, and whether you accept the State’s first offer, can shape the rest of your case in ways that are very hard to undo later.
If you’re reading this just bonded out, or your loved one just was, take a breath. Murphy & Baker Law Firm represents people facing criminal charges throughout Smith County and East Texas, and the steps below are what we tell clients to focus on right now.
You’ve already heard “anything you say can be used against you.” Most people nod along and then immediately violate it.
This applies to:
Police. Even if they say they just want your side of the story. Even if they say it’ll help. Especially if they say it’ll help. By the time they’re asking, the case against you is being built, and your statement is the last brick they need.
The arresting officer at the jail. Casual conversation isn’t casual. The officer is taking notes. Comments like “I only had two beers,” a frequent admission in DWI cases, or “we were just arguing” become evidence.
Other inmates. Jail informants are real. People with their own charges trade information for plea deals. Don’t discuss your case with anyone in custody.
The phone. All jail calls are recorded except calls to your attorney. This includes calls to family. Tell them you’re okay, tell them where you are, tell them to call a lawyer. Don’t discuss what happened.
Social media. Your accounts. Their accounts. Mutual friends’ accounts. Prosecutors screenshot social media routinely. A post defending yourself can become exhibit A.
The only people you should be discussing the case with are: your defense attorney, and your defense attorney.
Within 48 hours of arrest, you’ll appear before a magistrate (or judge) who sets bond. There are several types:
Personal recognizance (PR) bond. No money required, just your promise to appear. Reserved for low-level offenses or first-time defendants with strong community ties.
Cash bond. You post the full amount with the court, get it back when the case is resolved.
Surety bond (bail bondsman). You pay a non-refundable percentage (typically 10%) to a bondsman who posts the full amount. Most common option.
Attorney bond. In some Texas counties, your defense attorney can post bond directly. Ask us during your first call.
If you’re trying to bond out a family member, call a lawyer before you call a bondsman. Sometimes a lawyer can argue for a PR bond or a lower amount, saving thousands. Once you’ve used a bondsman, that fee is gone.
When you’re released on bond, you’ll have conditions. These usually include no contact with the alleged victim or witnesses, no new arrests, reporting to a pretrial supervision officer, drug testing in some cases, and no leaving the county or state without permission.
Violating these conditions can mean re-arrest and bond revocation. No-contact orders are particularly easy to violate accidentally: a text, a Facebook message, a passing message through a mutual friend. Don’t.
If you don’t understand a condition, ask your lawyer. Don’t ask the pretrial officer.
While the State builds its case, you should be quietly preparing yours.
Write down everything you remember. Time, place, who was there, what was said, what was done, who arrived first, what you were doing before. Memory degrades fast. Within 72 hours, details start blurring. Write it down while it’s sharp, but write it as a private note to yourself or to your attorney, not on your phone (which can be subpoenaed) and not anywhere it could be discoverable.
Identify witnesses. Anyone who was present, anyone you spoke to immediately before or after, anyone who can testify to your character or alibi. Get phone numbers. Don’t talk to them about the case yet. Your lawyer will guide that.
Preserve evidence. Photos, texts, videos, receipts, location data, anything that supports your version of events. Don’t delete anything from your phone or social media. Deletion can be used against you.
Get medical attention if needed. If you have injuries from the arrest or the incident, document them medically. Hospital records are powerful evidence and disappear if you wait.
Don’t try to fix it. Calling the alleged victim to apologize, sending a text explaining yourself, or paying restitution voluntarily can all feel like the right thing to do, but they almost always make the case worse. Apologies become admissions. Payments become evidence of guilt. Let your lawyer handle communication.
Don’t accept a plea at first appearance. Prosecutors sometimes offer deals at the first court date, especially at misdemeanor arraignment hearings. They’re often presented as “this offer is only good today.” That’s almost never true. The offer will still be there in two weeks, after your lawyer has had time to review the evidence.
Don’t talk to the alleged victim. Even if they’re your spouse. Even if they want to drop the charges. Even if they’re saying it was a misunderstanding. Once charges are filed, the State controls the case, not the victim. This matters most in assault and domestic violence cases, where a no-contact condition is usually part of your bond. Contact almost always backfires.
Don’t post bond and disappear. Skipping court means a warrant, forfeiture of bond, and a dramatically worse case. If you bond out, show up to every single court date.
Now. Right now, before you read the rest of this article. Even if you don’t think you can afford one. The first call is free.
We offer law loans through a third-party provider, flexible payment plans that let representation start immediately while you pay over time. Many of our clients hire us within 48 hours of arrest, when the work that gets done now is most valuable. If you are unable to qualify for a loan, we typically offer no-interest financing payment plans in most cases, but it’s important to hire us promptly after the arrest.
What we do in those first 48 hours often determines what’s possible later, including bond reductions, charge negotiations, evidence preservation, and witness identification. Once the case moves forward, it runs from arraignment through trial, a process we walk through in what happens after you’re charged in Texas. Time is the one thing we can’t get back.
When you call us, we’ll cover several things: what you were arrested for and what specifically happened, whether you’ve talked to police and what you said, whether there are witnesses and what they would say, your prior criminal history if any, and your job, family, and financial situation (this affects what kind of resolution makes sense for you).
We’ll give you a realistic read on your case, not a sales pitch. If we don’t think we can help, we’ll tell you. If we can help, we’ll explain what representation looks like and what it costs.
Call us at (903) 533-9000. 24/7 line, free consultation, no obligation.
Related reading: Criminal Defense overview · First Offenders · For Families
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