Legal Question in Civil Rights Law in Texas
''marandarights''
I got arrested for theft 50-500, and while being put in hand cuffs I was never read my maranda rights. I have 3 witnesses that were there with me to justify this claim. I was wondering if the case can be thrown out of court because I was never read my rights.
2 Answers from Attorneys
Re: ''marandarights''
Miranda rights, the legal concept which requires law enforcement to advise a citizen of his right to counsel, to a trial, to silence, etc., is a concept which applies only if law enforcement (1) has made an arrest of the subject, and (2) attempts to take a statement from the subject which will later be used in further legal proceedings. No statement, or no arrest, no requirement that Miranda warnings be given.
Re: ''marandarights''
The police failure to read you your Miranda rights, simply bars the prosecution from using your statements against you. The warning that you are entitled to be represented by counsel, to remain siltent, are fundamental, but do not seem to apply here!
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