Miranda Warnings And Your Rights
If you are arrested in Houston or anywhere in Texas, you may be read your Miranda rights. Miranda warnings are in place to let the person being arrested know facts about the situation before that individual is questioned about the event. Before an interrogation, you will be informed that you have the right to remain silent and if you do talk what you say can be used against you in court. Additionally, you will be informed of our right to a lawyer, and that one will be provided for you if you can’t afford an attorney.
To fully understand your situation following an arrest, talk to an experienced Houston criminal lawyer. Just because the Miranda warning has been read to you doesn’t mean your rights are protected. A legal professional can guide you on next steps to protect yourself and your freedom.
Miranda Warnings and Interrogations
It is important to know when Miranda warnings are required. If you are the subject of an interrogation, the police need to read you these rights. This is true wherever an interrogation takes place. While many believe interrogations happen within police stations, and they can, they can also happen on a street or at the scene of a crime. You can be in police custody in a wide range of places.
When a person is not in custody of law enforcement, no warning is required. For example, a police officer may tell you are free to go, therefore not in police custody. That said, law enforcement could still be asking you questions at this point, you do not have to answer the questions, but it is advisable to be respectful and calm through the process.
There are a lot of protections for individuals, and even if an officer reads a person their Miranda rights, it does not mean they can participate in over aggressive practices, such as coercion. And there are Miranda requirement exceptions, including public safety concerns, traffic stops, and standard questioning.
Involuntary Confessions and Statements
While law enforcement officials are well-trained professionals, there have been instances in which Miranda warnings should have been read but were not and questioning or interrogations occurred anyway. Then, it is possible the statements provided to police will be deemed involuntary and will not be admissible. This could also apply to evidence that was obtained as a direct result of an involuntary confession.
After a Miranda warning in Texas, remain silent. Then as soon as you can, connect with a Houston criminal lawyer. Not talking means you will know that you have not made any statements that could be incriminating and your lawyer can begin work building your defense.
Do you have questions about Miranda warnings and your arrest? Connect with a qualified Texas attorney who can assess your case and strategize a path forward. You need a legal professional after an arrest. There may be a way to dismiss the charges or have penalties reduced. Reach out to the legal team at Ayson Law Firm to discuss the best path forward. Our experienced legal team can defend you against charges major and minor. Contact us today for a free consultation.