At Griffin & Cain, Attorneys at Law, our criminal defense attorneys have helped countless clients through the arrest and booking process in Conroe, The Woodlands, and throughout Montgomery County. This comprehensive guide explains exactly what to expect and what steps to take to protect your rights and your future.
Immediate Steps: What to Do the Moment You’re Arrested
The actions you take in the first hours after an arrest can significantly impact your case. Here’s what you need to know:
Stay Calm and Comply with Officers
Your first instinct may be to argue, resist, or try to explain your way out of the situation. Don’t. Physical resistance can result in additional charges like resisting arrest or assault on a peace officer, which can turn a misdemeanor situation into a felony. Comply with the officer’s instructions regarding physical movements and positioning.
However, compliance with physical instructions is different from compliance with questioning—and that distinction is critical.
Exercise Your Right to Remain Silent
You’ve heard it countless times on television: “You have the right to remain silent.” This isn’t just a formality—it’s one of the most important protections you have. Anything you say can and will be used against you in court, and police officers are trained to obtain statements that help build their case.
You are required to provide:
- Your name
- Your date of birth
- Your address
Beyond this basic identifying information, you have the constitutional right to decline to answer any questions. Politely but firmly state: “I am exercising my right to remain silent. I want to speak with an attorney.”
Request an Attorney Immediately
Once you clearly request an attorney, police must stop questioning you. This protection comes from your Sixth Amendment right to counsel. Don’t try to explain your side of the story, don’t try to talk your way out of the situation, and don’t believe officers who suggest that cooperation will help you avoid charges. The time for explaining your version of events is later, with your attorney present.
The Montgomery County Booking Process
After arrest, you’ll be transported to the Montgomery County Jail in Conroe for booking. Here’s what that process involves:
Arrival and Initial Processing
When you arrive at the Montgomery County Jail located at 1 Criminal Justice Drive in Conroe, you’ll go through an intake process that includes:
- Personal information collection: Name, date of birth, address, Social Security number, and emergency contact
- Fingerprinting: Your fingerprints will be taken and entered into state and federal databases
- Photographs (mugshot): A booking photo will be taken and becomes part of your arrest record
- Medical screening: You’ll be asked about any medical conditions, medications, or mental health concerns
- Property inventory: All personal belongings will be collected, inventoried, and stored until release
- Classification assessment: You’ll be evaluated to determine housing assignment within the jail
How Long Does Booking Take?
Booking in Montgomery County typically takes 2-4 hours, though it can take longer during busy periods (weekends, holidays, or after large-scale enforcement operations). During this time, you’ll be in a holding area with others who are also being processed.
Understanding Bail in Montgomery County
For most offenses, you’ll have the opportunity to post bail and be released while your case is pending. Here’s how the bail system works in Montgomery County:
How Bail Amounts Are Set
Montgomery County uses a bail schedule that sets standard bail amounts for common offenses. For misdemeanors, bail is often set automatically based on the charge. For felonies and more serious offenses, you may need to see a magistrate judge who will set bail based on:
- The nature and severity of the charges
- Your criminal history
- Your ties to the community
- Your employment status
- Whether you’re considered a flight risk
- Whether you pose a danger to the community
Types of Bail Available
Cash Bail: You pay the full bail amount in cash. This money is returned to you (minus any fees or fines) when the case concludes, provided you appear at all required court dates.
Surety Bond (Bail Bondsman): You pay a bail bondsman a non-refundable fee (typically 10-15% of the bail amount) and they post a bond guaranteeing your appearance. This is the most common method when bail amounts are high.
Personal Recognizance (PR) Bond: In some cases, particularly for first-time offenders charged with minor crimes, the judge may release you on your promise to appear in court without requiring payment. PR bonds are not automatic and must be requested.
Attorney Bond: Your attorney may be able to arrange for your release on an attorney bond, which can sometimes be faster than other options.
Montgomery County Bail Bond Companies
Numerous bail bond companies operate near the Montgomery County Jail. If your family is arranging bail on your behalf, they’ll need:
- Your full name and date of birth
- Your booking number (assigned during processing)
- The charges against you
- The bail amount set
- Payment for the bondsman’s fee (cash, credit card, or sometimes collateral)
Your Rights During and After Arrest
Texas law and the U.S. Constitution protect several important rights. Understanding these rights—and exercising them appropriately—is essential:
The Right to Know the Charges
You have the right to be informed of the charges against you. This typically happens at your arraignment or during the magistration process, which must occur within 48 hours of arrest.
The Right to a Phone Call
Texas law requires that you be allowed to make a “reasonable number” of phone calls to an attorney and to a family member or friend who can arrange bail. Don’t waste these calls—have important phone numbers memorized or written somewhere accessible.
The Right Against Unreasonable Searches
While certain searches are permissible during arrest (a pat-down for weapons, an inventory search of your vehicle), you should not consent to additional searches. Politely state: “I do not consent to any searches.”
Protection Against Excessive Bail
The Eighth Amendment prohibits excessive bail. If you believe your bail amount is unreasonably high, your attorney can file a motion to reduce bail.
Common Charges in Montgomery County
Our criminal defense attorneys handle a wide range of charges in Montgomery County. Some of the most common include:
DWI (Driving While Intoxicated)
Montgomery County aggressively prosecutes DWI cases. A first-offense DWI is typically a Class B misdemeanor, but penalties increase significantly for subsequent offenses or aggravating factors like high BAC levels or having a child passenger.
Drug Offenses
Drug charges range from misdemeanor possession to serious felonies depending on the substance and quantity involved. Montgomery County is known for strict enforcement of drug laws.
Assault and Domestic Violence
Assault charges and domestic violence allegations are taken very seriously in Montgomery County. These charges often come with protective orders and can have immediate consequences for your living situation and family relationships.
Theft Offenses
Theft, robbery, and burglary charges carry penalties that escalate based on the value of property involved and whether force or weapons were used.
What Happens After Release: Next Steps
Once you’re released from custody, your case is far from over. Here’s what comes next:
Contact a Criminal Defense Attorney Immediately
If you haven’t already, contact an experienced criminal defense attorney as soon as possible. The sooner your attorney can begin working on your case, the better positioned you’ll be to:
- Preserve evidence that might help your defense
- Identify witnesses before memories fade
- Challenge any procedural violations that occurred during arrest
- Begin building your defense strategy
Document Everything You Remember
Write down everything you can recall about the arrest while it’s still fresh in your mind:
- What time were you stopped or contacted by police?
- What did officers say to you?
- Were you read your Miranda rights? When?
- Were there any witnesses?
- Were you searched? Did you consent?
- How did officers behave?
This information can be crucial in identifying potential defense strategies, including violations of your constitutional rights.
Understand Your Court Dates
When released on bail, you’ll receive paperwork indicating your next court date. Missing a court date can result in a warrant for your arrest, forfeiture of your bail, and additional charges. Mark all dates on your calendar and set multiple reminders.
Follow All Bail Conditions
Your release may come with conditions such as:
- No contact with alleged victims or witnesses
- Staying within a certain geographic area
- Drug and alcohol testing
- Curfews
- Electronic monitoring
Violating these conditions can result in revocation of your bail and return to custody.
Why You Need a Local Montgomery County Attorney
Criminal law is local. An attorney who knows Montgomery County—who regularly appears in these courts, knows the prosecutors, and understands local procedures—can provide advantages that an out-of-area attorney cannot. Our attorneys:
- Appear regularly in Montgomery County District Courts and County Courts at Law
- Have established relationships with local prosecutors and judges
- Understand the specific procedures and preferences of Montgomery County courts
- Know which programs and alternatives may be available for certain offenses
- Are familiar with local jail procedures and bond processes
Frequently Asked Questions
How long can police hold me without charges?
In Texas, you must be brought before a magistrate within 48 hours of arrest. However, charges are typically filed before this deadline.
Will my arrest be public record?
Yes, arrest records in Texas are generally public. However, in certain circumstances, you may be eligible to have your record expunged (completely erased) or sealed through an order of nondisclosure.
What if I can’t afford bail?
Your attorney can request a bail reduction hearing. Additionally, for some offenses, you may qualify for a personal recognizance bond, which doesn’t require payment.
Should I talk to police to clear things up?
No. Even if you’re completely innocent, talking to police without an attorney present rarely helps and often hurts your case. Exercise your right to remain silent.
What happens if the police didn’t read me my rights?
Miranda rights must be read before custodial interrogation. If they weren’t, statements you made may be inadmissible as evidence. Tell your attorney about this immediately.
Contact a Montgomery County Criminal Defense Attorney Today
An arrest is serious, but it’s not the end of your story. With experienced legal representation, many cases can be reduced, dismissed, or resolved favorably. The key is acting quickly and protecting your rights from the start.
At Griffin & Cain, Attorneys at Law, our criminal defense team is available to help you navigate this difficult time. We serve clients throughout Montgomery County, including Conroe, The Woodlands, Willis, Magnolia, and surrounding communities, as well as Walker County and the greater Houston area.
Contact us now for a free consultation. We’re ready to fight for your rights and your future.
