Arrest Procedures

[thehighwayman66]

What is the name of your state (only U.S. law)? Texas
I was contacted by telephone by a police detective in a different county from the one in which I reside. He wants me to come to the police station and answer questions about my involvement in a case of felony credit/debit card abuse. I do not intend to answer any questions without a attorney present. However, I cannot afford a attorney and intend to request that one be appointed for me when I am arrested. Am I required by law to go the police station for questioning? Can I be arrested for not going to the police station? Can I be arrested if the grand jury has not indicted me? Can I be arrested by the police in this county if a warrant has not been issued by the other county where the offense took place?

 

[JETX]

Am I required by law to go the police station for questioning?

No.

Can I be arrested for not going to the police station?

No.

Can I be arrested if the grand jury has not indicted me?

Yes.

Can I be arrested by the police in this county if a warrant has not been issued by the other county where the offense took place?

No. However, the police for the other county could request 'assistance' from YOUR county when they arrive to talk with you and you could be arrested based on their evidence.

 

[outonbail]

Whether you are guilty or not, the most important thing to remember at this point, is to not discuss the case with anyone! Do not speak to the police or investigators, either in person or over the phone. Do not answer their questions regardless of whether you have been read your Miranda rights or not.

If the police had enough evidence against you to secure an arrest warrant, they would have done so already. The only purpose for this interview, is to use the statements you make as further evidence of your guilt and establish probable cause to justify arresting you.

Nothing beneficial to you, can come from your agreeing to a voluntary interview. Doing so can and will only work against you.

Regardless of whether you hire a private attorney, or qualify for a court appointed defense attorney, they will have a much greater chance at presenting a successful defense if you haven't spoken a word to the police or anyone else about the situation.

 

[xylene]

Can I be arrested if the grand jury has not indicted me?

Yes, with a but

But only if they have probable cause. If you are arrested absent probable cause your lawyer can possibly get the case squashed.

Bottom line say nothing, especially if arrested.