Your Rights When Arrested in Dallas County, Texas
Explains the constitutional rights of a defendant after arrest in Texas — the right to remain silent, right to an attorney, right to bail, and protections against excessive bail.
The Texas Constitution and the United States Constitution both guarantee specific rights to anyone placed under arrest in Dallas County. Article I, Section 10 of the Texas Constitution — titled “Rights of Accused in Criminal Prosecutions” — guarantees the right to a speedy public trial by an impartial jury, the right to be heard by counsel, the right to demand the nature and cause of the accusation, the right to confront witnesses, and the protection against compelled self-incrimination. At the federal level, the Fifth Amendment protects against self-incrimination and the Sixth Amendment guarantees the right to counsel. When a defendant is booked at the Lew Sterrett Justice Center at 111 West Commerce Street in Dallas, these rights are formally read during the magistration hearing by one of Dallas County’s seven full-time criminal magistrates.
The right to bail is separately guaranteed under Article I, Section 11 of the Texas Constitution, which states that all prisoners shall be bailable by sufficient sureties unless charged with a capital offense when the proof is evident. Article I, Section 13 further prohibits excessive bail, ensuring that the amount set by a Dallas County magistrate must be reasonably related to the charge and the defendant’s circumstances — not used as an instrument of oppression. If a defendant believes the bail amount is excessive, their attorney can file a motion to reduce bond at the Frank Crowley Courts Building at 133 N. Riverfront Blvd. in Dallas. There are narrow exceptions to the right to bail under Article I, Section 11a, including certain felony offenses committed while on bail for a prior felony and certain violations involving family violence.
Understanding these rights is critical in the hours after an arrest. The right to remain silent means the defendant does not have to answer questions from law enforcement beyond providing basic identifying information. The right to an attorney means the defendant can request a lawyer before any interrogation, and if they cannot afford one, Dallas County must appoint counsel through the Public Defender’s Office. These protections exist to ensure fairness throughout the criminal process, from arrest through trial. If a loved one has been arrested in Dallas County and you need help navigating the bail process, call Act Quick Bail Bonds at (214) 744-1414.