What Should You Do If a Police Officer Harasses You in Texas?

Harassment is defined as any act that’s intended to annoy, embarrass, torment, alarm, abuse, or harass another person. Under Texas law (Texas Penal Code 42.07), harassment is a Class B misdemeanor punishable by a maximum of 180 days in prison and up to $2,000 in fines. Offenders are also prohibited from carrying weapons for five years.

In this article, we’ll take a closer look at harassment when it’s perpetrated by police officers. If you were recently harassed by a member of law enforcement, what should you do? How can you protect your rights and feel safe when dealing with police officers again? Here are the three key steps you should take if it happens to you.

1. Report Misconduct

Police misconduct should always be reported, no matter what the surrounding circumstances may be. If an officer recently harassed you, report their action to your local police’s oversight board. In Houston, that office is called the Internal Affairs/Central Intake Office. Most police departments have similar offices under different names. A civil rights investigation, if there should be one, will be overseen by the Federal Bureau of Investigation.

At this stage, try to provide as much information about the incident as possible, including the officer’s name, his or her badge details, the patrol car number, the agency the officer belongs to, any witness names, and any other details you remember. During the incident, you should capture photos and videos that can later act as concrete evidence.

2. Hire a Lawyer

 

One of the ways an officer can engage in harassment is to file unfounded criminal charges against you. That means you need a criminal defense attorney to defend yourself against those charges in court. Your complaint that you filed will be used as part of your case to show evidence of harassment by the officer. To do this right, you’ll need legal support, but you’ll also need emotional support, guidance, and encouragement.

Find a lawyer who has worked on numerous harassment cases, especially those involving law enforcement officers. As they take the reins and provide the reassurance you need, you’ll be able to navigate the otherwise complex and difficult process with more confidence.

3. Remember Your Rights

Moving forward, always remember that you have rights. No one has the right to harass you—especially a public servant in law enforcement. Keep in mind that while officers are allowed to perform a pat-down if they think you have a weapon, you can always choose not to consent to a physical search. You can also refuse to answer questions and can exercise your right to remain silent until you get a chance to speak with your lawyer.

If you are arrested, you are legally permitted to call your lawyer prior to being questioned by officers. Police are not allowed to listen to any conversations between you and your legal counsel. Ask questions freely, express your discomfort and lack of safety, and don’t hesitate to request help. Police misconduct is not uncommon, and it’s taken seriously. Once you find the right lawyer, you’ll be able to navigate the process better.

If you’re looking for a criminal defense lawyer in the Greater Houston area, call attorney JL Carpenter. As a former prosecutor and an experienced criminal defense attorney, she builds strong cases for her clients in Friendswood, Clear Lake, Webster, and the surrounding areas.

JL’s practice areas include DWI, drug possession, family violence, and domestic violence, among others. Contact her today to schedule your consultation.