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  • Writer's pictureBrian Foley

5 things you should do if you're arrested for Family Violence - Conroe Criminal Defense Attorney

1. Don't say anything in the car on the way to the jail.

If you get arrested for Family Violence in Montgomery County, Texas the first thing that is going to happen is a trip to the jail in the back of a police car. On the way to the jail you should know that the inside of a police car has microphones and video recording devices that capture everything you say and can be used against you in later court proceedings. Even if you are upset and want to explain what happened to the officer, don't. If you've already been arrested you are not going to be "unarrested." He isn't letting you go at this point. Any explanation you try to give will inevitably either limit your ability to respond later or be used against you.

2. Pay attention to the Judge when they tell you the conditions of an emergency protective order or bond conditions.

In almost every family violence related arrest the Judge is going to grant either an emergency protective order which lasts for 60-90 days and can limit you from going back to your own home, possessing a firearm, speaking with the alleged victim, or speaking with family members including your own children. If you violate a condition in an emergency protective order or bond condition it becomes more difficult to defend your case. Pay close attention to the conditions which will be explained to you prior to being allowed to make a bond.

3. Call a bondsman or someone to help bond you out.

The first call you make at the jail should be to a bondsman or to a friend that you trust who can help you make a bond and get out of jail. The phones from the jail are recorded so again, Don't talk about the case other than to say you're in jail and need to make a bond to get out.

4. Call an experienced Criminal Defense Lawyer.

The next step you need to take is to call an experienced criminal defense lawyer. If you are upset with the bond conditions or conditions in an emergency protective order you need to get the assistance of a Criminal Defense Lawyer to request changes or allow for certain times where you can retrieve personal items from the home or arrange for other persons to help you get personal items from your home. The courts take these cases very seriously and going to court on your own or trying to represent yourself can raise a red flag about your case to the prosecutor and Judge.

5. Surround yourself with friends or family that are there to support you.

Many people facing these types of charges can turn drugs or alcohol if they feel like they can't turn to a friend or family member. Find emotional support somewhere, because the road ahead can be long and difficult. The faster you can get the support and assistance you need the better the outcome for your case and your life is going to be.


For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.

For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.

For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.

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