Legal Question in Appeals and Writs in Texas

I was in a car accident today and totaled my car. The officer on the scene thought I was too angry about the incident and took me into protective custody. At no point did I make any threats toward him or anyone else and did what I could to control my emotions. I respectfully asked to be released and the officer refused. I asked for the reason I was being held and was verbally reprimanded that I needed to listen to the officers and stop talking. They told me I would remain until someone came to pick to me up. I even asked to speak to a lawyer and had my request ignored.

About half an hour after the ordeal began, after being escorted to the police station and held in a room against my will, I was told I was now being held under emergency detention. They told me I would be forced to remain in their custody until I was assessed by a health care professional because they thought I was a danger to society. I was very cooperative with the officers up until they started to detain me without warning or reason. After speaking with the professional I was released but, by then I had already lost about 3 hours. Do I have any legal recourse for what I feel was an unlawful detention? Should I have been able to exercise my right of habeas corpus and leave the premises unperturbed?


Asked on 7/31/10, 7:21 pm

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

I am an Austin Attorney that takes on cases of wrongful / false arrest in Texas.

Please call me: 512-827-7548 for a FREE consultation.

Good Luck!

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Answered on 8/06/10, 8:01 am


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