Texas Defense Firm | September 10, 2025 | Criminal Defense
Police encounters can happen quickly and unexpectedly. Knowing what to say and what not to say can make a big impact on protecting your rights. In McKinney, Texas, officers have broad authority to question people, but that authority has limits. Knowing what those limits are can help you avoid escalating the situation while ensuring you don’t give up important legal rights.
Here are six questions you should be ready to ask if you find yourself detained by the police in McKinney or anywhere in Texas.
1. “Am I Free to Leave?”
This is often the most important question you can ask. If an officer says you’re free to go, you can simply walk away. If the officer says you’re not free to leave, then you are being detained. At that point, the officer must have a reasonable suspicion that you’ve committed a crime or are about to commit one.
Asking this question helps you determine whether the interaction is voluntary or whether you are legally required to stay.
2. “Am I Being Detained, or Am I Under Arrest?”
Detention and arrest are not the same. Detention is temporary and must be supported by reasonable suspicion. An arrest requires probable cause. If you’re being arrested, the officer should inform you of the charges.
Knowing your status can affect how you respond and what rights apply in that moment.
3. “What Crime Am I Suspected of?”
If the officer claims you are being detained, you have the right to ask what specific crime they believe you are connected to, such as a drug offense or sex crime. Officers must be able to articulate their suspicion. This question can clarify the situation and ensure the officer is not detaining you without a lawful reason.
4. “Do You Have a Warrant?”
In many cases, police usually need a warrant to arrest you. They are also required to have a warrant to search your home or property. There are exceptions (like when evidence is in plain view or there are urgent safety concerns), but generally, a warrant is required. Asking about a warrant shows that you know your rights and sets the record straight if the officer tries to overstep.
5. “Am I Required to Answer Your Questions?”
In Texas, you must provide your name, address, and date of birth if asked during a lawful detention. Beyond that, you are not required to answer additional questions without a lawyer present. Politely asking whether you’re obligated to respond can help you avoid saying something that might later be used against you.
Keep in mind that the officer may tell you that you are required to answer questions. But you can still refuse. Your constitutional right to remain silent is absolute and cannot be overridden by the officer’s request. You can invoke your right to remain silent or request to speak to an attorney before answering any questions.
6. “Can I Speak to a Lawyer?”
If the encounter escalates into an arrest, you should immediately ask for an attorney. Under the U.S. Constitution and Texas law, you have the right to legal counsel. Once you request a lawyer, officers should stop questioning you until your attorney is present.
Contact the Texas Defense Firm for a Consultation With a Texas Criminal Defense Attorney
If you’ve had an encounter with the police in McKinney, it is critical to seek legal help as soon as possible. An experienced McKinney criminal defense lawyer can review whether the stop or detention was lawful and fight to have your charges reduced or dismissed when possible. More importantly, they can guide you through the criminal justice process so you don’t have to face it by yourself.
At the Texas Defense Firm, we believe that the right legal strategy begins with knowing your rights from the very beginning. If you are under investigation or are facing charges after a police interaction, call us today to speak with a Texas criminal defense lawyer.
We proudly serve Collin, Denton, Kaufman, and Rockwall counties and the surrounding areas. Visit our law offices at:
Texas Defense Firm – McKinney Office
7300 State Highway 121 Suite 400
McKinney TX 75070
(972) 369-0577
Available 24/7
Texas Defense Firm – Dallas Office
4100 Alpha Rd Suite 476
Dallas TX 75244
(469) 365-2228
Available 24/7