Probable Cause in Texas Criminal Defense: Your Complete Legal Guide

Probable Cause in Texas: Your Constitutional Shield Against Unlawful Arrest

If you’ve been arrested or charged with a crime in Texas, you’ve likely heard the term “probable cause” mentioned by police, in court, or by your attorney. This single legal concept can determine whether evidence is thrown out, charges are dismissed, and your freedom is protected. At Attorney911, we’ve spent over 25 years defending Texans against unlawful arrests and prosecutions where probable cause was lacking. As Ralph Manginello, managing partner with federal court admission and decades of criminal defense experience explains, “Probable cause isn’t just legal jargon—it’s your constitutional shield. When police don’t meet this standard, your entire case can collapse.” In this comprehensive guide, we’ll explain everything you need to know about probable cause from a Texas criminal defense perspective, drawing from our extensive experience in Houston courtrooms, federal courts, and complex litigation like the BP explosion cases.

The Foundation of Your Rights: What Exactly Is Probable Cause?

Probable cause is the legal standard of evidence that police officers must have to legally arrest someone or obtain a warrant. Under the Fourth Amendment to the U.S. Constitution and Article I, Section 9 of the Texas Constitution, this protection exists to prevent arbitrary arrests and ensure law enforcement has sufficient justification before depriving someone of their liberty. The Texas Penal Code and Code of Criminal Procedure incorporate this constitutional requirement into our state’s legal framework.

Ralph Manginello, admitted to practice in Texas since 1998 and in federal court, explains: “Probable cause is defined as enough evidence for a reasonable person to believe that someone had committed a crime, was currently committing a crime, or was about to commit a crime. It’s more than a hunch or suspicion—it requires specific, articulable facts that would lead a reasonable officer to believe a crime has occurred.” This standard serves as a crucial check on police power throughout Texas, from Houston to Austin to Beaumont.

In our experience at Attorney911, we’ve seen countless cases where police officers either misunderstand or intentionally ignore this standard. For example, in a recent DWI case we handled in Harris County, officers arrested our client based solely on the smell of alcohol, without observing any driving impairment or conducting proper field sobriety tests. Because they lacked probable cause for the arrest, we were able to have the blood test results suppressed, leading to dismissal of charges. This illustrates why understanding probable cause matters—it can mean the difference between conviction and freedom.

Two Critical Hearings: Understanding Probable Cause Proceedings in Texas

The term “probable cause hearing” can refer to two different types of proceedings in Texas, each with specific timelines and requirements that our criminal defense team navigates daily.

1. The 48-Hour Hearing After Warrantless Arrest

Under Texas law (specifically Article 15.17 of the Texas Code of Criminal Procedure), if a police officer arrests someone without a warrant, a probable cause hearing must be held within 48 hours of the arrest, excluding weekends and holidays. During this hearing, typically conducted by a magistrate judge, the state must present evidence showing there was probable cause to support the arrest. This isn’t a full trial—it’s a preliminary proceeding to ensure your constitutional rights weren’t violated at the moment of arrest.

As Ralph Manginello explains from his 25+ years of criminal defense experience: “Many defendants don’t realize they have this automatic right to a prompt hearing. If the judge finds no probable cause existed, you should be released immediately. However, prosecutors often present minimal evidence at these hearings, knowing judges tend to defer to police testimony. That’s why having an experienced attorney like those at Attorney911 present is crucial—we know how to challenge weak evidence and hold the state to its burden.”

2. The Post-Filing Probable Cause Hearing

The second type of probable cause hearing occurs after formal charges have been filed. Depending on the court you’re in—whether it’s a Harris County district court, a Travis County court, or federal court in the Southern District of Texas—your attorney may need to specifically request this hearing. During this proceeding, a judge will hear an explanation of the allegations against you and may hear testimony to determine if probable cause exists for the case to move forward toward trial.

“These hearings are strategic opportunities,” says Ralph. “At Attorney911, we use them not just to challenge probable cause, but to preview the state’s evidence, assess witness credibility, and sometimes negotiate favorable resolutions before trial. In one drug possession case in Fort Bend County, we requested a probable cause hearing that revealed the arresting officer had contradicted his own report during testimony. The judge dismissed the case that day.”

The Paper Trail: Probable Cause Declarations and Warrant Applications

When police apply for an arrest warrant or search warrant, they must submit an affidavit or sworn statement providing facts that support a probable cause determination. In some states like California, this is called a “probable cause declaration,” while in Texas we typically refer to it as an affidavit. A judge or magistrate reviews this document and decides whether probable cause exists for a warrant to be issued.

This paper trail becomes critical evidence in your defense. As Lupe Peña, our associate attorney with years of experience at a national defense firm, explains: “Having worked on both sides, I know how police officers draft these affidavits to maximize the appearance of probable cause while minimizing weaknesses. They’re trained to present facts in the most favorable light to secure warrants. At Attorney911, we scrutinize every word of these documents for exaggerations, omissions, or outright falsehoods.”

Texas law requires these affidavits to be specific and detailed. A generic statement like “based on my experience” or “from a confidential informant” without corroborating details may be insufficient. We’ve successfully challenged warrants in Houston courts where affidavits contained vague language or failed to establish a sufficient connection between the alleged crime and the place to be searched. In one notable case, we had evidence from a drug raid thrown out because the affidavit failed to establish how old the information was from the confidential informant—a fatal flaw under Texas law.

The Legal Line in the Sand: How Probable Cause Affects Police Authority

Probable cause defines the amount of evidence an officer must have before making a warrantless arrest and represents the required level of certainty for a judge to issue any warrant. If officers don’t have enough evidence to establish probable cause, a judge might invalidate an arrest or refuse to issue a warrant. This legal standard serves as a crucial boundary between legitimate police work and constitutional violations.

From our perspective at Attorney911, with experience handling everything from minor misdemeanors to complex federal cases, probable cause issues often reveal systemic problems in police investigations. As Ralph Manginello notes: “When we review arrest reports and discover probable cause was lacking, it frequently indicates other investigative shortcuts or rights violations occurred. In Texas, evidence obtained as a result of an unlawful arrest may be excluded under the ‘fruit of the poisonous tree’ doctrine. This means not just the arrest itself, but any evidence discovered afterward—drugs, weapons, confessions—might be thrown out.”

Consider our successful DWI defense case where police conducted no breath or blood test, EMS didn’t note intoxication, and hospital nurse notes were missing. We proved the arrest lacked probable cause from the beginning, and the case was dismissed on the day of trial. This outcome illustrates why having an attorney who understands probable cause inside and out is essential—we look beyond the surface charges to the foundational legality of the entire investigation.

The Critical Distinction: Probable Cause vs. Reasonable Suspicion in DWI Stops

One of the most misunderstood aspects of Texas criminal law involves the different standards required for traffic stops versus arrests, particularly in DWI cases. Many drivers mistakenly believe police need probable cause to pull them over, but that’s not correct under Texas law.

Reasonable Suspicion: The Lower Standard for Traffic Stops

For a police officer to conduct a traffic stop in Texas, they only need “reasonable articulable suspicion” that you have violated the law. This is a lower standard than probable cause, defined as sufficient evidence for a reasonable person to suspect that a traffic offense or crime has occurred, is occurring, or is about to occur. The key distinction, as explained by Ralph Manginello, is that “reasonable suspicion requires specific, articulable facts, not just a hunch. An officer must be able to point to observable behaviors or circumstances that created suspicion of illegal activity.”

Common examples Texas officers use include:

• Speeding (even 1-2 miles over the limit)
• Failure to signal a lane change
• Failure to maintain a single lane (weaving)
• Expired registration or equipment violations
• Unusual driving patterns that suggest impairment

However, as Lupe Peña explains from his insider perspective as a former defense attorney for insurance companies: “Police often use minor traffic violations as pretext to investigate for DWI, especially during late-night hours or near bar districts. While pretextual stops are generally legal if there’s actual violation, an experienced attorney can challenge whether the officer’s stated reason for the stop was legitimate or merely an excuse to fish for evidence.”

The Escalation to Probable Cause for DWI Arrest

While reasonable suspicion justifies the initial stop, an officer cannot arrest you for DWI without probable cause that you were driving while intoxicated. This higher standard typically develops during the traffic stop through observations like:

• Slurred speech or confused answers
• Bloodshot eyes or the odor of alcohol
• Poor performance on standardized field sobriety tests
• Admissions of drinking
• Visible open containers in the vehicle

“The transition from reasonable suspicion to probable cause is where many cases are won or lost,” says Ralph Manginello. “Officers must properly administer and document field sobriety tests according to National Highway Traffic Safety Administration standards. In our experience defending hundreds of DWI cases across Texas, we frequently find officers make procedural errors that undermine their probable cause determination. For instance, in one Houston case, video showed our client had physical limitations that affected his balance tests—the officer had probable cause based on flawed observations.”

Why Probable Cause Matters in Your Texas Criminal Case

Understanding probable cause isn’t just academic—it directly impacts every aspect of your criminal defense. When police violate probable cause requirements, several critical legal remedies become available that can dramatically alter the outcome of your case.

The Exclusionary Rule: Throwing Out Illegally Obtained Evidence

Under what’s known as the “exclusionary rule,” evidence obtained in violation of your Fourth Amendment rights—including through arrests without probable cause—may be suppressed or excluded from court proceedings. This isn’t just theoretical; at Attorney911, we’ve used this rule to get crucial evidence thrown out in countless cases.

Consider our documented case result where a client was charged with drunk driving based on a breath test. Our investigation revealed a police department employee wasn’t properly maintaining the breathalyzer machines. Because the probable cause for arrest relied on faulty equipment calibration, we challenged both the arrest and the test results. The charges were ultimately dismissed. As Ralph Manginello explains: “The exclusionary rule is your primary defense against unlawful police conduct. When evidence gets suppressed, prosecutors often have no choice but to dismiss charges, especially in DWI and drug cases where the suppressed evidence is central to their case.”

Case Dismissals and Reduced Charges

Even when evidence isn’t completely suppressed, challenging probable cause can lead to favorable negotiations. Prosecutors in Houston and throughout Texas know that if probable cause issues create appealable errors, their case becomes vulnerable. This knowledge gives us leverage during plea negotiations.

In one drug possession case we handled, police found a large quantity of illegal drugs in our client’s home during what we proved was a warrantless search without exigent circumstances. Due to the probable cause weaknesses we identified, we succeeded in arranging deferred adjudication. Our client faced 5 to 99 years in jail prior to trial but received no jail time, and charges will be dismissed if he follows court rules. This outcome demonstrates how probable cause challenges can transform case outcomes even when complete dismissal isn’t achievable.

Civil Rights Claims and Accountability

When police repeatedly violate probable cause standards, sometimes the appropriate response extends beyond your criminal case. At Attorney911, our experience in federal court and complex litigation like the BP explosion cases means we understand how to hold powerful entities accountable. While most cases focus on criminal defense, egregious probable cause violations might support civil rights claims under 42 U.S.C. § 1983.

“Our firm’s willingness to take on complex, high-stakes litigation is currently demonstrated in our $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity,” notes Ralph Manginello. “This same tenacity applies when we encounter systemic rights violations in criminal cases. We don’t just defend individual cases—we push for accountability that protects our entire community.”

The Attorney911 Difference: Why Our Approach to Probable Cause Challenges Works

When your freedom is at stake, not all criminal defense representation is equal. At Attorney911, we bring specific advantages that make us uniquely qualified to challenge probable cause violations and protect your rights.

Insider Knowledge from Both Sides of the Courtroom

Our firm includes former insurance defense attorney Lupe Peña, who spent years at a national defense firm learning firsthand how large institutions build their cases. “Having worked for insurance companies and now fighting for individuals, I understand how police and prosecutors develop their probable cause narratives,” Lupe explains. “I’ve reviewed hundreds of arrest reports and affidavits from the defense perspective. Now I use that insider knowledge to identify weaknesses, inconsistencies, and violations that other attorneys might miss.”

This dual perspective is rare among Texas criminal defense firms. While many attorneys only know how to defend cases, we understand how the other side builds them. This allows us to anticipate prosecution strategies and counter them effectively from the earliest stages of your case.

25+ Years of Texas-Specific Experience

Ralph Manginello’s quarter-century of practice exclusively in Texas courts means we understand the nuances of how probable cause is interpreted across different jurisdictions. “What passes for probable cause in a small county might not withstand scrutiny in Harris County,” Ralph notes. “Having handled cases from Beaumont to Austin to Houston, we know the local judges, prosecutors, and law enforcement practices. This local knowledge is invaluable when challenging probable cause, as we understand which arguments will resonate with specific courts.”

Our federal court admission in the Southern District of Texas further expands our capabilities. Complex cases involving federal agencies or constitutional issues sometimes belong in federal court, and our experience there ensures we can represent you effectively at any level.

A Record of Results, Not Just Promises

At Attorney911, our approach is validated by consistent results for clients across Texas. Client Donald Wilcox came to us after another firm rejected his case. “I got a call from Manginello… I got a call to come pick up this handsome check,” he recalls. Similarly, client Greg Garcia noted: “In the beginning I had another attorney but he dropped my case although Manginello law firm were able to help me out.”

Our documented case results speak to our effectiveness in challenging probable cause:

• DWI dismissal when video evidence showed our client didn’t appear intoxicated during field sobriety tests
• Drug charges resulting in deferred adjudication instead of 5-99 years in prison
• Multiple DWI dismissals based on breathalyzer maintenance issues and missing evidence

As client Jamin Marroquin describes: “Mr. Manginello guided me through the whole process with great expertise… tenacious, accessible, and determined throughout the 19 months.” This combination of proven results and personal attention defines the Attorney911 approach.

Immediate Steps to Protect Your Rights After an Arrest

If you’ve been arrested or believe police lacked probable cause in your case, time is critical. Evidence disappears, memories fade, and procedural deadlines approach rapidly. Based on our 25+ years of experience, here’s what we recommend:

1. Exercise Your Right to Remain Silent Immediately

Anything you say to police after an arrest can be used against you, even if the arrest itself lacked probable cause. Politely state that you wish to remain silent and request an attorney. As Ralph Manginello advises: “Don’t try to explain your way out of an arrest. Police are trained to use your statements to establish probable cause after the fact. Your explanation about why you were speeding can become evidence of consciousness of guilt. Silence cannot be used against you, but your words absolutely can.”

2. Document Everything You Remember

As soon as possible, write down every detail you recall about the stop and arrest:

• Time, location, and officer’s stated reason for the stop
• Exactly what the officer said and did
• What you said in response
• Witnesses who might have observed the interaction
• Any physical evidence or conditions (weather, lighting, traffic)

“Memory preservation is crucial,” says Lupe Peña. “In one case, our client remembered the officer never mentioned why he was being stopped until after the field sobriety tests. That detail became central to our probable cause challenge. Write everything down before details fade.”

3. Contact Attorney911 Immediately at 1-888-ATTY-911

The sooner we become involved, the more effectively we can protect your rights. Early intervention allows us to:

• Request prompt probable cause hearings within the 48-hour window
• File motions to preserve evidence like dashcam or bodycam footage
• Investigate the scene and identify witnesses before they disappear
• Begin challenging the legality of the arrest before the prosecution builds its case

Our emergency line at 1-888-ATTY-911 connects you directly with our legal team, not a call center or intake service. As “Legal Emergency Lawyers™,” we understand that arrests and charges constitute genuine emergencies requiring immediate attention.

Why Choosing the Right Texas Criminal Defense Attorney Matters

When facing criminal charges in Texas, your choice of attorney may be the most important decision you make. The difference between an attorney who merely processes cases and one who aggressively challenges constitutional violations can determine your freedom, reputation, and future.

Local Courtroom Knowledge Is Essential

While it might seem convenient to hire a criminal defense lawyer near you, it’s crucial to choose an attorney who regularly defends clients in the court where you’ve been charged. At Attorney911, we maintain offices in Houston, Austin, and Beaumont specifically to serve clients throughout Texas with localized knowledge. As Ralph Manginello emphasizes: “An attorney should be familiar with the practices and prosecutors in your specific court. What works in Harris County may not work in Travis County. Our multi-location practice means we have this localized expertise across Texas.”

Comprehensive Resources for Complex Challenges

Challenging probable cause often requires resources that smaller firms lack. At Attorney911, we bring substantial investigative capabilities, relationships with expert witnesses, and the financial resources to fund thorough investigations. Our involvement in complex litigation like the BP explosion cases demonstrates our capacity to handle technically challenging evidence and oppose well-funded adversaries.

Client Ambur Hamilton appreciated this comprehensive approach: “I never felt like ‘just another case’ they were working on.” Similarly, client Chad Harris noted: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” This combination of personal attention and substantial resources sets us apart.

Contingency Fee Structure for Criminal Defense

While many criminal defense attorneys require large retainers upfront, at Attorney911, we work on a contingency fee basis for personal injury cases and offer flexible payment options for criminal defense. We believe financial concerns shouldn’t prevent you from obtaining quality representation. As we tell every client: “We don’t get paid unless we win your case” in personal injury matters, and we work to make our criminal defense services accessible through payment plans and reasonable fee structures.

Your Constitutional Rights Deserve Vigorous Protection

Probable cause represents more than a legal technicality—it’s a fundamental protection against arbitrary government power. When police ignore or violate this standard, they undermine the constitutional rights of every Texan. At Attorney911, we take seriously our responsibility to uphold these protections through vigorous, knowledgeable defense.

Our track record includes multi-million dollar settlements in personal injury cases, successful criminal defense outcomes, and complex litigation against powerful defendants. With 251+ Google reviews averaging 4.9 stars, clients across Texas have validated our approach. As client Jacqueline Johnson notes: “One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”

If you believe police lacked probable cause in your arrest, or if you’re facing criminal charges in Texas, don’t wait. Evidence disappears daily, and procedural deadlines approach rapidly. Call our emergency line at 1-888-ATTY-911 for immediate consultation. Hablamos Español—all consultations are available in Spanish through our bilingual staff, including attorney Lupe Peña and case manager Zulema.

At Attorney911, we defend people like you every day across Texas, from Houston to Austin to Beaumont. With Ralph Manginello’s 25+ years of experience, federal court admission, and proven results, combined with Lupe Peña’s insider knowledge from years at a national defense firm, we offer a defense advantage few firms can match. Your freedom is worth protecting—call 1-888-ATTY-911 today and let us hear your story.

Frequently Asked Questions About Probable Cause in Texas

What’s the difference between probable cause and reasonable suspicion in Texas?

Probable cause requires enough evidence for a reasonable person to believe a crime has occurred, is occurring, or is about to occur. Reasonable suspicion is a lower standard—sufficient evidence for a reasonable person to suspect criminal activity. Police need only reasonable suspicion to conduct a traffic stop, but probable cause to make an arrest. This distinction is crucial in DWI cases where the initial stop might be legal, but the arrest lacks sufficient evidence.

How long do police have to establish probable cause after an arrest in Texas?

Under Texas law, if arrested without a warrant, you have the right to a probable cause hearing within 48 hours of arrest (excluding weekends and holidays). If police don’t establish probable cause at this hearing, you should be released. However, prosecutors often present minimal evidence, so having an experienced attorney like those at Attorney911 to challenge weak cases is essential.

Can evidence be thrown out if police lacked probable cause for my arrest?

Yes, under the exclusionary rule, evidence obtained through constitutional violations—including arrests without probable cause—may be suppressed. This “fruit of the poisonous tree” doctrine can lead to dismissal of charges when critical evidence is excluded. At Attorney911, we’ve used this rule to get DWI and drug cases dismissed when arrests lacked proper probable cause.

What should I do if I believe police arrested me without probable cause?

Remain silent, request an attorney immediately, and document everything you remember about the arrest. Then contact Attorney911 at 1-888-ATTY-911 as soon as possible. Early intervention allows us to request prompt hearings, preserve evidence, and begin building your defense. Don’t discuss your case with anyone except your attorney.

How can Attorney911 challenge probable cause in my case?

We scrutinize arrest reports, affidavits, witness statements, and video evidence for inconsistencies, exaggerations, or omissions. With Lupe Peña’s insider knowledge from years at a national defense firm, we understand how police build their cases and where to find weaknesses. We file motions to suppress evidence, challenge warrant affidavits, and hold the state to its burden at probable cause hearings.

Do I need a local attorney to challenge probable cause effectively?

While any licensed Texas attorney can represent you, local knowledge matters significantly. Courts in different Texas counties interpret probable cause somewhat differently. At Attorney911, with offices in Houston, Austin, and Beaumont, we understand local practices, judges, and prosecutors. This localized expertise helps us craft arguments that resonate in your specific court.

Frequently Asked Questions

What happens if police arrest me without probable cause in Texas?

If police lack probable cause for your arrest, evidence obtained may be suppressed under the exclusionary rule, potentially leading to reduced charges or case dismissal. You have the right to a probable cause hearing within 48 hours of a warrantless arrest, where a judge determines if sufficient evidence existed. An experienced Attorney911 criminal defense lawyer can challenge the arrest’s legality and seek remedies for constitutional violations.

Can I be pulled over for DWI in Texas without probable cause?

Yes, police only need “reasonable suspicion” (a lower standard) to conduct a traffic stop for suspected DWI. This requires specific, articulable facts like weaving, speeding, or other traffic violations. However, they need probable cause to arrest you for DWI, which typically develops through observations during the stop. Attorney911’s defense attorneys frequently challenge whether reasonable suspicion existed or if the stop was pretextual.

How does Attorney911 challenge probable cause in criminal cases?

We meticulously review arrest reports, warrant affidavits, bodycam footage, and witness statements for inconsistencies or constitutional violations. With Lupe Peña’s insider knowledge from years at a national defense firm, we understand how police build cases and identify weaknesses. We file motions to suppress evidence, demand prompt probable cause hearings, and hold the state to its burden at every stage.

What’s the difference between a probable cause hearing and a trial?

A probable cause hearing is a preliminary proceeding where a judge determines if sufficient evidence exists to justify an arrest or continue prosecution. It’s not a determination of guilt. A trial occurs later, where a judge or jury decides guilt beyond a reasonable doubt. Attorney911 uses probable cause hearings strategically to preview the state’s case, challenge weak evidence, and sometimes secure early dismissals.

If evidence gets thrown out due to probable cause issues, is my case automatically dismissed?

Not automatically, but it often leads to dismissal. When critical evidence is suppressed, prosecutors may lack sufficient proof to proceed. In our experience at Attorney911, we’ve seen many cases dismissed after evidence suppression, especially in DWI and drug cases where the suppressed evidence was central to the prosecution. Even if not dismissed, suppression creates powerful leverage for favorable plea negotiations.

How quickly should I contact an attorney after an arrest?

Immediately. Time is critical—you have a right to a probable cause hearing within 48 hours of arrest, evidence disappears daily, and early attorney involvement maximizes your defense options. Call Attorney911 at 1-888-ATTY-911 as soon as possible. As Legal Emergency Lawyers™, we provide immediate attention to arrest situations, protecting your rights from the earliest stages.