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What Happens When You Are Booked in Jail in Texas?

Ben Michael

According to statista.com, over 4.5 million people were arrested in 2021. And prisonpolicy.org states that at least 113 million adults in the U.S., or over 40% of the population, have a family member who has been incarcerated. That’s many people. But that leaves a whole other segment that has never had trouble with the law. 

So, what happens when you are booked in jail? Let’s dive into it.

The Typical Steps in the Booking Process

After the suspect is arrested, they are processed into police custody, known as booking. This process combines several steps, which may vary depending on the jail they are being processed at. The booking process can be terrifying for a first-time offender, so let’s break it down for you.

Step 1: Recording the Suspect’s Name, Address, Contact Information, and Alleged Crime

While recording the suspect’s name, the booking officer can also see if the arrestee has any other pending charges. This step creates an official arrest record. How long the process will take depends on how many booking procedures are required, how many people are being booked, and how many police officers are involved in the booking process.

Step 2: Take a Mug Shot

Taking a mugshot is a great way to compare a suspect where people may have the same name. It also documents physical characteristics such as height or the suspect’s condition when booked at the police station.

Step 3: Taking Fingerprints

Taking fingerprints is a standard practice of the booking process. They are entered into a nationwide database managed by the FBI, and most law enforcement agencies will have access to this. They can compare fingerprints to the crime scene to match or eliminate the suspect. The FBI will store it for future identification.

Step 4: Confiscation of Clothing and Other Personal Items into Custody

After the mugshot, the prisoner is issued a uniform and must hand over all clothing and personal property to be inventoried and an inventory list to be signed and acknowledged by the prisoner. Your items will be returned when you are released.

Step 5: Conducting a Full Body Search

Police undress you entirely and inspect every spot possible. Yes, even the sensitive areas. This search ensures that no weapons, drugs, or contraband is brought into a holding cell. If you refuse, they will issue a warrant, and you get a free trip to the hospital, where the hospital will remove it.

Step 6: Checking for Warrants

The Warrant Information System (WIN) results from information provided by the courts, the U.S. Attorneys, other Federal, State, local and foreign law enforcement agencies, and public and private organizations. During this step, the booking officer can check for outstanding warrants, including parking tickets for crimes in other states. Sometimes they can even solve unrelated crimes if they pick up a person and find a match.

Step 7: Health Check

A health check ensures that the detainee does not need medical assistance or pose a health or safety risk to jail officials and other inmates. They can include x-rays if they suspect tuberculosis, a covid 19 shot if unvaccinated, and blood tests to check for STDs.

Step 8: Clarifying Information for Incarceration Conditions

Before you are placed in a holding cell, you will be asked about gang affiliations and other information that could be a potential problem while being housed in a confined space with other inmates. Your answer will dictate whether you are housed in protective custody or another jail section.

Step 9: Taking a DNA Sample

In some jurisdictions, a DNS sample is routinely taken alongside fingerprinting during the booking process. However, this law is still evolving and can vary by jurisdiction. For instance, some states will authorize DNA collection. In contrast, others will not be without a warrant for probable cause, or DNA collection is limited to only felony arrests, while others allow this for certain misdemeanor arrests.

How Long Does Booking Take in Texas?

As mentioned previously, the whole process will depend on how many booking procedures are required, how many people are being booked at the time, and how many police officers are involved in the booking process, even the size of the jail. But large county jails may take around 12 hours to complete the process.

What Are My Rights During the Booking Process in Texas Jail?

If you are accused of a crime, you have several rights guaranteed by the United States Constitution. These rights include:

  • The right to remain silent and not answer questions about the allegations against you
  • The right to ask for an attorney
  • The right against self-incrimination
  • The right to an attorney if you cannot afford one
  • The right to reasonable bail
  • The right to know the charges against you

Hire a criminal defense attorney the moment you are accused of a crime. The most crucial decision you can make at this stage is to contact an experienced criminal attorney and ask them to guide you before making any statements or answering any questions. Spending every second in custody without an attorney advocating for you hurts your case.

The prosecution will know the law, and they will learn how to sell you on agreeing to a plea bargain that may seem like your best option. Having your own attorney will level the playing field and avoid making the mistake of what seems like an easy deal when it is likely not in your best interest.

Lastly, your attorney can help you understand and exercise your rights so you do not set yourself up for an easy conviction. The police and prosecutors will be working against you; you need someone with experience on your side fighting for your freedom.

Where Do Your Booking Records Get Stored in Texas?

You can request an arrest record from the Department of Public Safety (DPS), the courts, or third-party websites. Every person arrested, detained, or questioned by law enforcement agents has an arrest record. Regardless of the offense or whether an arrestee gets charged to court. Texas arrest records are public and accessible to residents.

Why Is It Vital to Seek the Help of an Attorney?

Once you have completed the booking process, immediately contact an attorney. It is the most critical thing you can do. They can answer all your legal questions, arrange bail, help you understand the charges, provide legal guidance, and tell you what to expect next.

Your freedom is at stake, and an experienced criminal defense attorney understands the judicial system, protects your rights, represents you in court, crafts a skilled defense, and can protect your future. 

Ben Michael

Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.

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