What To Do When Arrested in Houston and around Harris County
One of the first questions Michael Pham asks his clients when they come to him seeking counsel is, “what did you do when you were arrested?” Frankly, this decision can make all the difference in how a case is handled and its ultimate disposition. And to be honest, every case is different, but there are some generalities that apply.
First, it depends on what the charge is. We will address DWI on another page because the advise is very different. For property crimes like theft, robbery or crimes like assault, the advice is the same: shut up. If you are arrested, you will likely be read your Miranda rights, wherein you are told that you have the right to remain silent. Use that right! Simply said, the part of the Miranda warning where you are informed that anything said can and will be used against you will be the most factual thing you hear after arrest.
Every day, Michael Pham hears tales from clients that they were offered this incentive or threatened with that thing if they did not talk. Should you be accused of acting in concert with someone else, the police will tell you one of two things: 1.) that your cohort has already confessed, so the only thing that you can do to help yourself is to confess also; or 2.) that if you confess, you can get a great deal from the prosecutor and put it all on the co-defendant. These are lies designed to get you to confess.
The police can and will lie to you to get the information that they want. It is perfectly legal for them to do it.
The best advice is to never talk and always asked to speak to a criminal defense attorney like Mr. Pham who can best advise you on how to proceed. Sometimes, it can be in your best interest to make a statement. However, it is impossible to know until all of the facts of the case are ascertained. Mr. Pham has 15 years of experience in criminal defense, and he is experienced in determining what the police know or whether they are simply going on a “fishing expedition” to get information. Remember also that the Miranda warnings say “anything you say.” Too often, Mr. Pham has clients who believe that because they said things to the police that they don’t count because they were not in writing. While generally law enforcement does prefer and will seek a written statement, they are still allowed to recount what you said to them without it being in writing.
Because criminal allegations are so complicated, Mr. Pham’s representation can often mean the difference between freedom and incarceration. When arrested, it is absolutely vital that you remain silent and contact an attorney immediately instead of making a statement to law enforcement. Almost without exception, there is no upside to making an immediate statement. If you or a loved one is charged with a crime, and want an experienced and aggressive criminal defense lawyer, contact Houston criminal defense attorney Michael H. Pham at (713) 236-7791.