What to Expect When You're Arrested (in San Antonio)

Sean Henricksen Law Firm
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I'm a criminal defense attorney in San Antonio. When I was in my early 20s, I was arrested for DWI. I had no idea what to expect or what was going on with my case because my attorney didn't let me know what to expect. Now that I'm an attorney, I want to make sure that you don't have to go through the same experience that I did. This podcast will let you know what you can expect to happen at the different stages of your case. Even though it focuses on how cases in San Antonio are handled, it will be helpful even if you're charged somewhere else. If you've been arrested for DWI, assault, possession, or anything else, you probably have many questions about what will happen in your case. You'll probably have more questions while your case works through the system. This podcast will answer many of your questions.

  1. Aug 27

    Two Advantages the Defense Has in a Criminal Case

    Send us Fan Mail If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 5 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt The police already have a story before they ever ask for yours, and the fastest way to damage your case is to start filling in blanks you didn’t even know existed. We walk through what really happens at the earliest stage of an investigation, why the state seems to have all the advantages up front, and how a single “helpful” conversation can turn into evidence that follows you all the way to court. Then we get practical about the two defense advantages that can change everything once charges are filed. First, the burden of proof: you’re presumed innocent, and the prosecutor must prove guilt beyond a reasonable doubt. We explain what that standard means in real life and why you don’t have to prove anything to deserve a not guilty verdict. Second, the information imbalance that flips after charging: the state has to turn over key materials like police reports, witness statements, and 911 calls, while the defense in Texas may not have to reveal its own work product, strategy, or investigation. We also dig into a concrete example like an assault allegation to show how your words can accidentally strengthen the other side’s credibility, help establish identity, or lock you into details before you’ve seen the evidence. If you’ve been arrested or you’re facing criminal charges in San Antonio, this is a clear roadmap for what to do first, what to avoid, and how a defense attorney evaluates the case for dismissal, negotiation, or trial. Subscribe, share this with someone who needs it, and leave a review with the question you want us to answer next. If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbtAdvertisement Sean Henricksen Law Firm sean@seanhenricksen.com 210-405-6410 106 S. St. Mary's St., Ste 445 San Antonio, Texas 78205 www.seanhenricksen.com

  2. Aug 21

    Phone Searches After Arrest

    Send us Fan Mail If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 5 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt Your phone is basically your life in your pocket and that’s exactly why police want it after an arrest. The big question we tackle is simple but urgent: can they just open it up and start going through your texts, photos, emails, and apps? I walk through the general rule under the Fourth Amendment, why a phone is not treated like a wallet or a set of keys, and how the Supreme Court’s decision in Riley v. California changed the rules around cell phone searches. We also dig into the exception that trips people up most: consent. If an officer asks to search your phone or asks you to unlock it, a quick “yes” can waive protections that might otherwise keep that data out of court. I explain what consent really means in practice, how to clearly refuse a consent search, and why I recommend making police get a proper search warrant instead of handing over access in the moment. If police do get a warrant, we talk about what they typically have to show a judge, what a “phone dump” is, and the kinds of data it can pull, from call logs and messages to app data and location history. I also cover what not to do: don’t resist, don’t lie, and don’t try to erase or destroy evidence, since that can lead to serious new charges like tampering. Finally, we go over why you should ask to speak with a lawyer if you’re unsure, and how a San Antonio criminal defense attorney can challenge an illegal search or an overly broad warrant. If you found this helpful, subscribe so you don’t miss the next one, share it with someone who needs it, and leave a review to help more people find the show. What’s the one thing you’d want to know before answering a police request to unlock your phone? If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 5 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbtAdvertisement Sean Henricksen Law Firm sean@seanhenricksen.com 210-405-6410 106 S. St. Mary's St., Ste 445 San Antonio, Texas 78205 www.seanhenricksen.com

  3. Jul 28

    What to Do If the Police Are Violating Your Rights

    Send us Fan Mail If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 5 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt The roadside is not a courtroom, and trying to “prove” an officer wrong in the moment can be the fastest way to leave with handcuffs and extra charges. We share a real example of someone who believed police were violating his rights, stood his ground, and still walked away facing two criminal charges and a much harder path forward.  We break down the core idea we want you to remember under stress: comply first and fight later. That doesn’t mean giving up your constitutional rights. It means staying calm, not resisting, and avoiding the kinds of arguments that can escalate into force, arrest, or accusations like resisting arrest, interfering with public duties, or failure to identify. We explain why even when a stop or arrest is illegal, the best place to challenge probable cause and police conduct is in court with an experienced criminal defense attorney, not on the shoulder of the road.  You’ll also get practical, step-by-step language you can use to protect yourself: clearly invoke your right to remain silent, ask for an attorney, and then stop talking. We cover why you should never consent to searches of your car or your person, and how a search done without consent can become something your lawyer can challenge later. We also talk about why lying to police backfires, especially in identity situations and DWI investigations, where facts like odor, breath tests, or blood results can quickly expose a lie and hurt your credibility.  If you found this helpful, subscribe so you don’t miss the next one, share it with someone who drives a lot, and leave a review so more people can find straightforward guidance when it matters most. If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 5 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbtAdvertisement Sean Henricksen Law Firm sean@seanhenricksen.com 210-405-6410 106 S. St. Mary's St., Ste 445 San Antonio, Texas 78205 www.seanhenricksen.com

  4. Jul 22

    Can a Victim Advocate Help Get Charges Dismissed?

    Send us Fan Mail If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 5 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt You want the case dismissed, but someone keeps telling you to “call the victim advocate.” Before you make that call, you need to understand a hard truth about criminal charges: the State brings the case, and the prosecutor decides whether it gets dismissed. That can feel frustrating when you’re the person listed as the victim, especially if you just want the situation to end and life to get back to normal. I walk through what your role actually is in a criminal case. Even if you reported the incident, you’re typically a witness, and you usually don’t have to talk to anyone about the facts unless you’re subpoenaed. That distinction matters, because extra conversations can create more statements, more consistency, and a stronger path to trial for the district attorney’s office. Then we get specific about the victim advocate. A victim advocate works for the district attorney’s office, not for you, and their job often includes keeping you informed while also helping the prosecution get ready for court. If you want dismissal, I explain why talking to the defense attorney first is often the smarter move, what options might exist like an affidavit of non-prosecution, and what to avoid if you do speak with a victim advocate, including re-telling the story or going in person just to “talk.” If you find this helpful, subscribe, share it with someone who needs it, and leave a review so more people can find clear answers. If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbtAdvertisement Sean Henricksen Law Firm sean@seanhenricksen.com 210-405-6410 106 S. St. Mary's St., Ste 445 San Antonio, Texas 78205 www.seanhenricksen.com

  5. Jul 14

    The First 48 Hours After A Family Violence Arrest

    Send us Fan Mail If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt Your phone is back in your hand, you’re finally out of the Bexar County jail, and you’re thinking one thing: what do I do now so I don’t make this worse? We break down the real timeline after a family violence arrest in San Antonio, with a focus on what happens in the first 48 hours and why the earliest decisions often shape the entire case. We start at the magistrate hearing, where the judge sets the bond amount and the bond conditions. We explain how bail works, why many people use a bail bondsman (often at a 10% fee), and what that money does and does not buy you. Then we dig into the restrictions that hit family violence cases fast: firearm limits, no contact orders, and the possibility of an emergency protective order that can be separate from the criminal case and still keep you from contacting people or even returning home. From there, we talk about the practical steps that protect you after release: following every no contact order, staying in good standing with your bail bondsman, checking in with pretrial services, and avoiding mistakes that can trigger a new charge or a warrant. We also explain why reaching out to an attorney early matters, how to think about working with a court-appointed lawyer, and when it may be time to hire private counsel to pursue the best possible result. If you or someone you love is facing these charges, listen through, share this with the person who needs it, and then subscribe for more plain-English guidance. After you listen, what question do you want answered next? If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbtAdvertisement Sean Henricksen Law Firm sean@seanhenricksen.com 210-405-6410 106 S. St. Mary's St., Ste 445 San Antonio, Texas 78205 www.seanhenricksen.com

  6. May 14

    You're More Likely to be Arrested If You Carry a Gun

    Send us Fan Mail If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt We explain why carrying a gun in Texas can make an arrest more likely, even when you believe you are following the rules. We walk through the real situations we see in San Antonio where a firearm turns a small problem into a second case or even a felony. • traffic stops that escalate when a handgun is in plain view or not carried correctly  • unlawful carry of a weapon arrests that surprise otherwise law-abiding people  • DWI or possession arrests that lead to a vehicle search and an added gun charge  • how two cases get harder to dismiss than one  • felony convictions from decades ago that still trigger felon in possession charges  • self-defense situations that become aggravated assault with a deadly weapon or deadly conduct  • why there are no guarantees once you are arrested and charged  • practical steps to lower risk while respecting Second Amendment rights  If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbtAdvertisement Sean Henricksen Law Firm sean@seanhenricksen.com 210-405-6410 106 S. St. Mary's St., Ste 445 San Antonio, Texas 78205 www.seanhenricksen.com

  7. Apr 8

    "Have You Had Anything to Drink?" How to Answer

    Send us Fan Mail Send us Fan Mail If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt The most dangerous moment in a traffic stop often isn’t the lights in your mirror, it’s the “friendly” question that comes next: “Have you been drinking?” If you’ve ever wondered what you’re supposed to say, what you can refuse, and how a basic speeding stop suddenly becomes a Texas DWI investigation, we walk you through the turning points in plain English. We explain why the law matters at the roadside: an officer needs reasonable suspicion to stop you, and the stop is supposed to last only long enough to investigate the original violation. But once the officer gathers new facts, the scope can expand fast. We talk about the exact kinds of questions that can create momentum toward a DWI arrest and why your own words are often the easiest way for an officer to justify extending the detention. Then we get practical. We share how to handle the drinking question without helping the case build against you, how to invoke your right to remain silent, and why asking to speak with an attorney can shut down further questioning. We also break down field sobriety tests, including the common line that they’re just to “make sure you’re okay,” and why refusing those tests can protect you when the burden is on the officer to establish probable cause. If you’re dealing with a DWI charge or criminal case in San Antonio, use the links in the show notes to grab the free download and schedule a free consultation. Subscribe for more clear guidance, share this with someone who drives at night, and leave a review with the question you want answered next. If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbtAdvertisement Sean Henricksen Law Firm sean@seanhenricksen.com 210-405-6410 106 S. St. Mary's St., Ste 445 San Antonio, Texas 78205 www.seanhenricksen.com

  8. Jan 28

    Learn Who Can Take The Stand And What They’re Allowed To Say

    Send us Fan Mail If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbt Courtroom testimony isn’t a free-for-all; it’s a tightly defined system that decides which voices the jury hears and how much weight they carry. We break down the three types of witnesses—those with personal knowledge, expert witnesses, and character witnesses—and show exactly how each one shapes a criminal case from the first question to the final verdict. We start with eyewitnesses, including police officers, and clarify what they can and cannot say under the hearsay rules. You’ll hear how a defendant’s own statements can come in as an exception, why an officer can describe injuries but not speculate on their cause, and how a 911 call gets authenticated through a records custodian before it reaches the jury. Then we shift to experts, the people who translate lab data into plain English. In DWI cases, that means breath-test operators and blood analysts who explain calibration, chain of custody, and uncertainty ranges—details that can make or break a number-driven case. Finally, we talk strategy with character witnesses and the defendant’s choice to testify. Character testimony can help establish credibility or peacefulness, but it also opens the door to rebuttal. We walk through two common scenarios—family violence and DWI—to show the usual witness lineup, the flow of evidence, and the key pressure points where a defense can challenge reliability and raise reasonable doubt. Along the way, we share practical guidance on preparing for testimony, spotting hearsay pitfalls, and focusing the jury on what’s admissible and persuasive. If you or someone you love faces charges in San Antonio, we’ve linked a free guide with five steps to take right now, plus a way to schedule a no-cost consultation. If this breakdown helped, follow the show, share it with a friend, and leave a quick review so more people can find clear, actionable legal insights. If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation. Click the link below to receive 4 Things You Should Do If You've Been Arrested: https://bit.ly/3tDOVbtAdvertisement Sean Henricksen Law Firm sean@seanhenricksen.com 210-405-6410 106 S. St. Mary's St., Ste 445 San Antonio, Texas 78205 www.seanhenricksen.com

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I'm a criminal defense attorney in San Antonio. When I was in my early 20s, I was arrested for DWI. I had no idea what to expect or what was going on with my case because my attorney didn't let me know what to expect. Now that I'm an attorney, I want to make sure that you don't have to go through the same experience that I did. This podcast will let you know what you can expect to happen at the different stages of your case. Even though it focuses on how cases in San Antonio are handled, it will be helpful even if you're charged somewhere else. If you've been arrested for DWI, assault, possession, or anything else, you probably have many questions about what will happen in your case. You'll probably have more questions while your case works through the system. This podcast will answer many of your questions.

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