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What to Do After an Arrest: Your Rights in Austin, Texas & How a Criminal Defense Attorney Can Help

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For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.
For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.
What to Do After an Arrest: Your Rights in Austin, Texas & How a Criminal Defense Attorney Can Help
Published On: Dec 08, 2025
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By Gunter, Bennett and Anthes

After an arrest in Austin, the most important thing you can do is protect your rights. You have the right to remain silent, the right to an attorney, and the right to refuse consent to most searches. At Gunter, Bennett, & Anthes, our Texas criminal defense attorneys use more than 65 years of combined experience to step in immediately and protect your freedom.

Your Constitutional Rights: What You Must Know After an Arrest in Texas

The U.S. Constitution grants you powerful rights from the moment you are detained. Exercising them correctly is your first line of defense.

The Right to Remain Silent

Your right to remain silent is your most powerful protection. Simply provide your basic identification, then clearly state: “I am invoking my right to remain silent and want an attorney.” Remember: anything you say can be used against you in court.

The Right to an Attorney

Don’t face interrogation alone. You have the right to a lawyer; use it. Our Texas criminal defense attorneys are available 24/7 to be your advocate from the start.

Protection Against Unlawful Searches

You do not have to consent to any search of your car, home, or personal belongings beyond a basic pat-down for weapons. Clearly state, “I do not consent to this search.” This preserves important legal options for your defense.

Critical Steps After Your Arrest

How you act in the hours following arrest can make or break your defense:

Stay Calm and Cooperative

Resist the urge to argue or physically resist. Remain respectful and follow basic commands to avoid additional charges like “Resisting Arrest,” which only complicate your situation.

Invoke Your Rights, Clearly and Early

Once you have identified yourself, stop answering questions. Clearly invoke both your right to remain silent and your right to an attorney. This legally obligates investigators to stop their questioning.

Contact a Criminal Defense Lawyer Immediately

This is the most important step you can take. Early intervention by skilled Texas criminal defense attorneys can influence your case before charges are even filed. Our Austin, Texas criminal defense lawyers can begin protecting your interests immediately.

Document Everything You Remember

As soon as you are able, write down every detail, including officer names and badge numbers, witness contact information, the time and location of the arrest, and exactly what was said. Share these notes only with your attorney.

How Criminal Defense Attorneys Protect Your Rights

Our Texas criminal defense attorneys at Gunter, Bennett, & Anthes do more than just show up to court. As former Travis County prosecutors, we use our insider knowledge to:

  • Challenge illegal searches and arrests
  • Negotiate for reduced/dismissed charges
  • Identify prosecution weaknesses
  • Build strong trial defenses

With decades of experience, we fight to protect your rights.

Free Case Review: Talk to a Texas Criminal Defense Lawyer Now

The decisions you make in the first 24 hours after an arrest are critical. Having the right legal team can determine the outcome of your case and protect your freedom, your record, and your future. Contact Gunter, Bennett, & Anthes today at (512) 476-2494 or contact us online. Our experienced Texas criminal defense lawyers are available around the clock to provide a free consultation and start building your defense.

Gene Anthes
About the Author:
Gene Anthes

Gene has been practicing criminal law since 2005. He is a former Travis County prosecutor and now practices criminal defense in Central Texas. He is a graduate of the University of Texas at Austin and South Texas College of Law. In his spare time he enjoys boat building and woodworking. He is married and has two daughters.

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