There is a common misconception about Miranda rights. Miranda rights attach when you are under interrogation and not necessarily when you are arrested. That’s why it’s important when you’re talking to a cop to ask him whether you are free to leave. Because if you’re free to leave, there’s no rights under Miranda. (Anything comes out that can be used in court.)
But once you’re under interrogation, once you’re detained and under interrogation, that’s when Miranda applies. And if they don’t read your rights, you can get those statements– and usually they come in the form of a confession. You can get those suppressed.
Understanding Your Miranda Rights in Texas
Your Miranda rights are among the most important protections you have during an encounter with law enforcement. In the video above, Brownsville attorney Michael Gonzalez explains what Miranda rights mean, when police are required to read them, and what happens if they fail to do so. Knowing your rights can make a significant difference in the outcome of a criminal case.
When Must Police Read Your Miranda Rights?
Contrary to popular belief, police are not required to read these rights during every interaction. Officers must inform you of these rights only when two conditions are met: you are in custody and you are being interrogated. If the police question you without informing you of these rights while you are in custody, any statements you make may be inadmissible in court. However, anything you say voluntarily before an arrest can still be used against you.
What Are Your Miranda Rights?
These protections include the right to remain silent, the right to know that anything you say can be used against you in court, the right to have an attorney present during questioning, and the right to have an attorney appointed if you cannot afford one. These protections were established by the U.S. Supreme Court in the landmark case Miranda v. Arizona and apply to every person in the United States, regardless of citizenship status.
What to Do If Your Rights Were Violated
If you believe your rights were violated during an arrest, it is essential to contact an experienced criminal defense attorney as soon as possible. Attorney Michael Gonzalez has helped many clients in Brownsville and the Rio Grande Valley challenge evidence obtained through rights violations. A successful challenge can result in statements being thrown out, which may significantly weaken the prosecution’s case. Contact our firm today for a free consultation.