Facing a criminal arrest in Killeen, Texas, can be overwhelming and frightening, especially if you have never encountered the criminal justice system before. The Law Office of Brett H. Pritchard helps you understand your constitutional protections and the procedures that follow an arrest, empowering you to make informed decisions during one of the most stressful times in your life.
If you are facing criminal charges, don’t wait to get the support you need. Contact a seasoned criminal defense attorney today.
Arrest Procedures
Law enforcement officers in Killeen and throughout Bell County must follow specific legal requirements when making an arrest. An officer must have probable cause—a reasonable belief based on facts and circumstances that you committed a crime—or an active arrest warrant issued by a judge before taking you into custody.
Once arrested, you must be read your Miranda rights before any custodial interrogation begins. The arrest process typically includes the following steps:
The officer identifies himself or herself and states the reason for the arrest
Physical restraint, usually with handcuffs
A pat-down search for weapons or contraband
Transport to the Bell County Jail or the Killeen Police Department
Officers may ask you questions during and after the arrest, but you have the right to remain silent until you consult with an attorney. Any statements you make can be used against you in court, so exercising your right to silence protects you from self-incrimination.
The Booking Process in Bell County
After your arrest, you will be taken to the Bell County Jail for processing, which typically takes several hours. The booking process involves several administrative and identification procedures:
Confiscation and inventory of personal belongings
Recording of personal information and arrest details
Photographing (mugshot)
Fingerprinting
Background and warrant checks
Medical screening
During booking, jail staff will store your personal items in a secure location and provide you with an inventory list. You will receive these items back upon release unless they constitute evidence in your case. The booking process creates an official record of your arrest that becomes part of the criminal justice system database.
Your Constitutional Rights After Arrest
The United States Constitution and the Texas Constitution provide multiple protections for individuals accused of crimes. These rights remain in effect from the moment of arrest through trial and sentencing:
Freedom from Unreasonable Searches (Fourth Amendment): Law enforcement cannot search your person, vehicle, or property without a valid warrant, your consent, or circumstances that fall under recognized exceptions to the warrant requirement.
Right to Remain Silent (Fifth Amendment): You cannot be compelled to testify against yourself or provide statements that could incriminate you.
Right to an Attorney (Sixth Amendment): You have the right to legal representation at all critical stages of the criminal process, and the government cannot interfere with your ability to consult privately with your lawyer.
Right to Due Process (Texas and U.S. Constitutions): The government must follow established legal procedures and cannot deprive you of life, liberty, or property without fair notice and an opportunity to be heard.
These protections form the foundation of the American criminal justice system and serve as your primary defense against government overreach. Asserting these rights does not make you look guilty—exercising them demonstrates that you understand the legal process and intend to protect yourself fully.
If you have been arrested in Killeen or Bell County, an experienced Killeen criminal defense attorney can help you understand how these rights apply to your specific situation. Contact the Law Office of Brett H. Pritchard today.
When to Exercise Your Constitutional Rights
You should invoke your constitutional rights immediately upon arrest and maintain that position until you have consulted with an attorney. Many people mistakenly believe that cooperating fully with law enforcement will help their case or lead to leniency.
Statements made during the stress and confusion of an arrest often create problems that an attorney must later address. Politely inform officers that you wish to remain silent and speak with a lawyer before answering any questions. Law enforcement must stop questioning you once you invoke these rights, though officers may continue with the arrest and booking procedures.
Bail
Within 48 hours of your arrest, you have the right to appear before a magistrate for a bail hearing. During the hearing, the judge considers several factors:
The nature and circumstances of the alleged offense
Your ties to the community
Your criminal history
The weight of evidence against you
Whether you pose a danger to the community
Your financial resources
The judge may release you on personal recognizance (a promise to appear), set a monetary bail amount, impose conditions such as electronic monitoring or travel restrictions, or deny bail entirely in cases involving serious violent offenses. If you cannot afford the bail amount, you may work with a bail bondsman who posts bail in exchange for a non-refundable fee, typically 10% of the total bail amount.
Common Criminal Charges in Killeen
The Killeen area sees a wide variety of criminal charges due to its proximity to Fort Hood, its position along major highways, and its diverse population. Each type of charge carries different penalties and requires a defense strategy tailored to the specific circumstances of your case.
A seasoned local attorney can help you understand the charges you face and build a personalized defense strategy. Contact a criminal defense attorney today to get started.
Driving While Intoxicated (DWI)
Texas law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for adults 21 and over, or any detectable amount of alcohol for minors. DWI charges carry serious consequences that escalate with each subsequent offense.
DWI charges require immediate legal attention because you have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing to challenge your license suspension. The Law Office of Brett H. Pritchard handles both the criminal case and the ALR hearing to protect your driving privileges and fight the charges against you.
Drug Offenses
Drug charges in Texas range from misdemeanor possession to felony manufacturing and distribution, with penalties varying based on the type and amount of controlled substance involved. Common drug offenses include the following:
Marijuana possession
Possession of controlled substances
Possession of drug paraphernalia
Manufacturing or delivery of substances
Bell County has established drug courts that offer rehabilitation-focused alternatives to incarceration for qualifying defendants with substance abuse issues. Our criminal defense attorneys evaluate whether you are eligible for these programs and advocate for treatment options that address underlying addiction while avoiding the collateral consequences of a criminal conviction.
Assault
Assault charges range from threatening another person with bodily harm to making physical contact that causes injury or is considered offensive. In many cases, simple assault is charged as a Class A misdemeanor, carrying penalties of up to one year in jail and a fine of up to $4,000.
An assault charge may be elevated to a felony when it involves a family or household member, results in serious bodily injury, or is committed against a public servant or security officer. Aggravated assault—which involves the use of a deadly weapon or causes serious bodily injury—constitutes a second-degree felony carrying two to twenty years in prison.
Theft
Theft charges in Texas depend primarily on the value of the allegedly stolen property, with penalties ranging from a Class C misdemeanor for property valued under $100 to a first-degree felony for property valued at $300,000 or more. Prior theft convictions can elevate charges to higher penalty groups even when the current offense involves relatively low-value property.
Burglary
Burglary of a building constitutes a state jail felony, punishable by 180 days to two years in state jail and fines up to $10,000, while burglary of a habitation—a structure where people live—is elevated to a second-degree felony, carrying two to 20 years in prison.
Burglary becomes a first-degree felony if committed with the intent to commit a felony other than theft, or if the defendant attempts or commits assault, sexual assault, or another violent crime during the burglary.
If you are facing any of these charges, do not wait to seek experienced legal guidance—contact the Killeen criminal defense attorneys at the Law Office of Brett H. Pritchard today.
How Military Status Affects Criminal Proceedings for Fort Hood Personnel
Fort Hood's presence in Killeen means that many criminal defendants are active-duty service members, which introduces legal issues not typically found in civilian cases. These individuals may face parallel consequences in civilian courts and under the military justice system governed by the Uniform Code of Military Justice (UCMJ).
Jurisdiction
Whether civilian courts or military courts have jurisdiction over your case depends on where the alleged offense occurred, the nature of the crime, and command decisions about prosecution. Offenses committed off-base in Killeen typically fall under civilian jurisdiction.
Process
Service members arrested by civilian authorities are generally required to notify their chain of command. A commanding officer may initiate a separate military investigation regardless of the outcome of the civilian case, and the military can impose administrative or disciplinary action even if the civilian case is dismissed or results in an acquittal.
Jury
If your case goes to trial in civilian court, your military status and connection to Fort Hood can influence jury selection and overall trial strategy. Jury pools in Killeen often include active-duty service members, veterans, and military family members, which may shape how jurors view the evidence and the defendant.
Outcomes
A conviction in civilian court can lead to immediate military consequences such as a reduction in rank, loss of pay, administrative separation, or court-martial action. In some cases, deferred adjudication or pretrial diversion in civilian court may still be treated as a conviction for military administrative purposes.
When appropriate, the Law Office of Brett H. Pritchard works closely with military defense counsel to safeguard your rights and interests in both the civilian and military systems.
Administrative Actions
Beyond criminal prosecution, your command may impose various administrative penalties that affect your military career:
Non-judicial punishment under Article 15
General Officer Memorandum of Reprimand (GOMOR)
Relief from duty or reassignment
Security clearance revocation
Bar to reenlistment
Administrative separation proceedings
These actions can occur regardless of the outcome in civilian court and may have immediate effects on your military career and benefits. The Law Office of Brett H. Pritchard works to minimize both criminal and administrative consequences by developing a comprehensive defense strategy that addresses all aspects of your case.
Discharge
Serious criminal convictions often result in administrative separation from the military, with a characterization of service ranging from Honorable to Other Than Honorable (OTH) to Bad Conduct or Dishonorable discharge if processed through a court-martial.
The characterization of your discharge determines your eligibility for veterans' benefits, including VA healthcare, GI Bill education benefits, home loan guarantees, and disability compensation, making this a primary concern for cases involving servicemembers.
Active-duty service members facing criminal charges in Killeen have a lot at stake—both in and out of uniform. Contact a Killeen criminal defense attorney at the Law Office of Brett H. Pritchard by calling (254) 781-4222 to start building a defense that protects your freedom, your career, and the benefits you earned through your service.
What Happens Next: Arraignment, Pre-Trial, and Beyond
Once you have been booked and bail has been addressed, your case moves into the court process. For a detailed walkthrough of arraignment, pre-trial proceedings, plea bargaining, and trial, see our full guide: Criminal Cases from Arraignment to Trial.
In brief, the arraignment is your first formal court appearance, where the official charges are read and you enter a plea of guilty, not guilty, or no contest. From there, pre-trial proceedings—including discovery, motions, and potential plea negotiations—shape whether your case resolves before trial or proceeds to a jury or bench trial. Most criminal cases are resolved through plea agreements, but having an attorney who is prepared to take your case to trial strengthens your position at every stage.
Consult a Trusted Killeen Criminal Defense Attorney
If you have been arrested in Killeen or anywhere in Bell County, contact the Law Office of Brett H. Pritchard immediately to protect your rights and begin building your defense. With more than 20 years of experience serving clients in Bell County and Fort Hood, we understand both the civilian and military justice systems and how criminal charges affect service members and their families.
Call us today at (254) 781-4222 or reach out online to schedule a FREE consultation with a reputable criminal defense attorney in Killeen, Texas, who will thoroughly review your case, explain your options, and fight aggressively to obtain the best possible outcome for your situation.