If you are arrested in Plano, Texas, and the arresting officer did not read you the Miranda rights, then you need to speak with a criminal defense attorney immediately. The law office of J. Michael Price II can provide you with the legal representation that you need to make sure that you enforce your legal rights.
The Miranda rights come from a landmark Supreme Court case called Miranda v. Arizona. These rights include:
- 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.
Miranda Rights in Texas
Officers must read you your Miranda Rights in the state of Texas if you are taken into custody and questioned about an offense or crime. Any statements you make under interrogation will not be admissible in court unless the arresting officer first Mirandizes you.
Texas law also specifies that a reading of the Miranda Rights to an arrestee and the acceptance or waiver of the Miranda Rights must be recorded in audio, video, or written format. If you want to exercise your Miranda Rights, then you do not have to answer any questions without your attorney present during any police questioning.
If you waive your rights and agree to answer the questions the police officers ask you, then any answers or statements you provide can be admitted as evidence in court. Even the things you say without being questioned or prompted by police officers can be admitted in court and used against you by the state’s prosecution.
If an Officer Fails to Tell You Your Rights
Failure to read the Miranda Rights does not result in an automatic dismissal of the prosecution’s case. All physical evidence and records of your actions and statements will still be admissible against you in court. However, it will mean that any statements you made to officers should not be evidence in your criminal case. They also do not have to ‘read you your rights’ if they are just arresting you and not interrogating you or questioning you about the offense.
This evidence is not automatically kept out of court. Instead, your criminal defense attorney must file a motion with the criminal court to suppress your statements because the police officers violated your constitutional rights. In some cases, your statements might be key evidence for the prosecutor, and suppression of that evidence might result in your charges being dropped.
A Plano Criminal Defense Lawyer Can Help
You need to hire a Plano, Texas, criminal defense lawyer if you are facing any criminal charges – especially if you believe you were not Mirandized when you were arrested for an offense in the State of Texas. The law office of J. Michael Price II in Plano can help you preserve your legal rights and provide you with the defense representation you need. Contact our office today to schedule a consultation, during which we can discuss the facts of your case and the legal defenses that may be available to you.
