While many people may be familiar with Miranda Rights in Texas, sometimes, in the heat of the moment, during an arrest, or when taken into police custody, an individual may forget. Reach out to our firm today and speak with one of our experienced Houston criminal defense attorneys. Our legal team is on your side no matter what.
What are Miranda Rights?
In a Supreme Court case in 1966, Miranda v. Arizona, it was decided that a person who is taken into police custody must be reminded of his or her Fifth Amendment right which protects an individual against self-incrimination.
This means that in the event that an individual is taken into police custody, he or she must be told the following:
- 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 appointed for you
It is important that you are conscious of these rights, and it is even more so beneficial for a suspect to be aware of these rights. During an arrest, many may be enticed to explain the situation, hoping that the police will understand. however, you will want to keep in mind that the police are not usually on the suspect’s side. To learn more, reach out to our firm today.
What if the police fail to read a suspect his or her Miranda Rights?
The police are mandated to read a suspect’s Miranda Rights. However, there are times when this doesn’t occur, either by error or another reason.
If a suspect is not read Miranda Rights and statements or confessions are made, that information cannot be used against the suspect. It is deemed involuntary and may be tossed.
If you have been Mirandized and you waive your rights, indicating you would like to speak to police voluntarily without an attorney present, you can change your mind at any time and ‘plead the fifth,’ suggesting 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 states, juveniles have the right to remain silent without their parent or guardian present.
CONTACT OUR EXPERIENCED HOUSTON FIRM
We understand how challenging various legal matters can be, which is why we have dedicated ourselves to helping clients in Texas through a wide array of legal matters, including personal injury law and criminal defense. If you have sustained a serious injury or are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.