Getting arrested is frightening—especially if it’s your first time. Most people have no idea what actually happens after the handcuffs go on, and that uncertainty makes everything worse.

This guide walks you through what really happens after an arrest in Texas, step by step, so you know what to expect and what not to do.

Step 1: The Arrest

An arrest occurs when a law enforcement officer takes you into custody because they believe there is probable cause that you committed a crime.

Being arrested does not mean you are guilty. It means the process has started.

What you should do

1. Stay calm

2. Do not resist
3. Do not argue facts on the roadside

Anything you say can (and will) be used against you later.

Step 2: Transport to Jail & Booking

After the arrest, you’ll be taken to jail for booking. This usually includes:

1. fingerprints

2. photographs (mugshot)
3. collection of personal information
4. inventory of personal property

Depending on the county and the charge, this can take a while.

Step 3:You Have The Right to Remain Silent, Exercise It

You have the constitutional right to remain silent.

That means:

1. You do not have to explain yourself

2. You do not have to answer questions
3. You do not have to “clear things up”

Do not try to talk your way out of it

Do not give a written or recorded statement

Do not assume the officer is trying to help you

Step 4: Magistrate Hearing

Texas law requires that you be brought before a magistrate within 48 hours of arrest. Texas Code of Criminal Procedure - CRIM P Art. 15.17

At this hearing:

1. the judge tells you the charge

2. your rights are explained
3. bond is usually set

This is not a trial and not a time to argue facts.

Step 5: Bond & Getting Out of Jail

Once bond is set, there are usually three options:

1. Personal Recognizance (PR Bond)

• No money paid
• You promise to return to court
• Everyone wants a PR Bond

2. Cash or Surety Bond

• You post money or use a bondsman

3. No Bond / Hold

• possible for serious offenses

FACT: Violating bond conditions can land you right back in jail.

Step 6: Hiring a Lawyer

A lawyer can:

1. intervene early with prosecutors

2. request evidence
3. protect you from self-incrimination
4. argue for bond modification
5. position your case for dismissal or reduction

Waiting too long often limits your options.

Step 7: The Charging Decision

After arrest, the prosecutor decides whether to:

1. formally file charges

2. reduce charges
3. or reject the case entirely

Step 8: First Court Date / Arraignment

Your first court date is usually:

1. an arraignment, or
2. an initial appearance

At this stage:

1. you enter a plea (usually “not guilty”)

2. deadlines begin
3. discovery may start

Step 9: The Case Process

From here, a Texas criminal case may involve:

1. discovery review

2. motions to suppress
3. negotiations with the State
4. hearings
5. trial or dismissal

***Many cases resolve without trial, but how they resolve depends heavily on what happens early.***

Common Mistakes After an Arrest

1.  Talking to police “to help yourself”
2. Posting about the case on social media
3. Contacting the complainant
4.  Violating bond conditions
5. Waiting too long to get legal advice

These mistakes can seriously hurt an otherwise defensible case.

📞 Need help after an arrest?

If you or a loved one has been arrested in Texas, speak with a criminal defense attorney as soon as possible.