Being arrested or facing criminal charges in San Antonio or anywhere in Texas is one of the most stressful experiences a person can go through. The process moves quickly, emotions run high, and every decision you make in the first hours and days can affect the outcome of your case.

At The Law Office of Dr. E.R. Báez, P.C., we have spent more than 20 years defending Texans in state and federal courts. As a former U.S. Army Senior Drill Sergeant who later became a criminal defense attorney, Dr. Edgardo Rafael Báez understands both discipline under pressure and the importance of protecting constitutional rights. This guide shares the essential steps you should take immediately if you or a loved one is arrested.

Disclaimer: This is general information only and is not legal advice. Every case is different. The best action is to speak with an experienced criminal defense attorney as soon as possible.

1. Stay Calm and Do Not Resist

Even if you believe the arrest is unfair or a mistake, resisting can lead to additional charges under Texas law. Keep your hands visible, follow lawful instructions, and avoid physical struggle. Your opportunity to challenge the arrest comes later in court, not on the street.

2. Clearly Invoke Your Rights

You have the right to remain silent and the right to an attorney. These rights are most effective when you state them clearly and out loud:

• “I am invoking my right to remain silent.”
• “I want a lawyer.”

After you say this, stop talking. Do not try to explain, justify, or “clear things up.” Police are allowed to continue casual conversation, but you do not have to respond beyond basic booking information (name, date of birth, address). Anything you say can be used against you.

Miranda warnings are required only before custodial interrogation. The absence of a warning does not automatically dismiss your case, but statements taken in violation of Miranda can often be suppressed.

3. Do Not Consent to Searches

You generally have the right to refuse consent to a search of your person, vehicle, phone, or home unless officers have a warrant or a recognized exception (such as probable cause or exigent circumstances). Politely say, “I do not consent to any searches.” Do not physically interfere if they proceed anyway—note what happened and tell your attorney later.

4. Contact an Experienced Criminal Defense Attorney Immediately

The earlier an attorney gets involved, the better. An experienced lawyer can:

• Advise you before you speak to investigators
• Appear at magistrate hearings
• Begin investigating evidence and witnesses
• Protect you from statements that hurt your case
• Negotiate bond or release conditions

At The Law Office of Dr. E.R. Báez, P.C., we offer free consultations and are available 24/7. We serve clients in both English and Spanish (Hablamos Español) throughout San Antonio, Bexar County, and surrounding communities. Call (210) 901-5236 or (888) ERBAEZ-8.

5. Be Careful What You Share—Even with Family or on Social Media

Anything you say to friends, family, or post online can potentially become evidence. Limit discussions about the facts of the case until you have spoken with your attorney. Do not post about the arrest on social media.

6. Document Everything You Can Remember

As soon as you are able, write down:

• The time, location, and circumstances of the arrest
• Officer names or badge numbers if known
• What was said and done
• Names of any witnesses
• Any injuries or property damage

This information helps your defense team.

7. Understand the Next Steps in the Texas Process

After an arrest you will typically go through booking, a magistrate warning (usually within 48 hours), and a bond hearing. Charges may be filed, reduced, or sometimes declined. An attorney can guide you through each stage—from pretrial motions and investigations to trial or negotiation—and fight for the best possible result.

Why Experience Matters

With more than 20 years of experience and a proven record of not guilty verdicts in complex jury trials, we bring discipline, preparation, and relentless advocacy to every case. We understand that the justice system does not always work the way it should, and we are here to fight for those who need a strong voice.

You do not have to face this alone.

If you or someone you care about has been arrested or is under investigation in the San Antonio area, contact The Law Office of Dr. E.R. Báez, P.C. today for a free, confidential consultation.

Phone: (210) 901-5236

Website: www.erbjrlaw.com

Office: 700 North Saint Mary’s Street, Suite 1400-B, San Antonio, TX 78205

We are ready to stand with you.

Disclaimer: The information in this post is for general educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this article. Outcomes depend on the specific facts of each case. Consult a licensed Texas attorney about your individual situation.

About the Author

Dr. Edgardo Rafael Báez is the founder of The Law Office of Dr. E.R. Báez, P.C. in San Antonio, Texas. A criminal defense attorney since 2005, he is a U.S. Army veteran, former ICU nurse, and holds advanced degrees including a PhD. He is dedicated to protecting the rights of the accused with integrity, skill, and compassion.

This blog is provided for informational purposes only and is not intended as legal advice. Results depend on the specific facts of each case. The Law Office of Dr. E.R. Báez, P.C. proudly serves clients throughout Texas.