To learn more about your Miranda Rights, read on and reach out to our dedicated Hidalgo County, Texas criminal defense lawyer.
What are Miranda Rights?
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
When can I invoke my Miranda Rights?
If the individual suggests in any way, at any time prior to or during questioning, that he or she would like to remain silent, the interrogation must halt. If the person states that he or she wants an attorney, the interrogation must stop until an attorney is present. When that occurs, the individual must have an opportunity to confer with the attorney and to have him or her present during any following questioning.
When are the police required to read my rights?
Recognize that police are only required to Mirandize a suspect if they plan to question that person under custody. Arrests can happen without the Miranda Warning being given. If the police later choose to interrogate the suspect, a warning must be presented at that time. Their vigilance to this rule implies less chance of a case being overturned in court due to poor procedure on their part.
If public safety is an issue, questions may be asked without the defendant being Mirandized, and any evidence acquired may be used against the suspect on these occasions. The Miranda Warning is about questioning and being protected from self-incrimination under the Fifth Amendment, not being arrested.
The person arrested must still answer questions asked about their name, age, address, etc. They can be explored in order to protect the police officer. Also, a confession given before a suspect has been read the Miranda Warning may find that confession entered as evidence in court.
If you have been Mirandized and you waive your rights, suggesting you wish to speak to police freely without an attorney present, you can change your mind at any time and ‘plead the fifth,’ meaning you no longer wish to answer questions, or that you have changed your mind and wish to have an attorney present after all.
In some circumstances, juveniles have the right to remain silent without their parent or guardian there.
Contact Our Hidalgo County, Texas Firm
With collective decades of experience, the experienced attorneys at the Law Office of Angel Davila are committed to helping protect you from the penalties associated with a criminal conviction by defending you against charges of everything from DUI to Murder, and everything in between. We also help people through various family law and estate planning matters. Our firm proudly serves clients in Hidalgo County and throughout the state of Texas. For quality legal defense when you need it most, contact the Law Office of Angel Davila today.