Legal Question in Civil Rights Law in Texas

Telephone Conversation

I have been charged with aggrevated sexual assault of a minor under 17 years of age. This all supposedly happened while I was visiting family in Texas while I was living in California.

An Investigator called me and asked some question over my cell phone about the incident. I was confused about the whole situation and answered not realizing the gravity of the whole situation. I was arrested 2 days later and then extradited to Texas where I sat in jail for 3 weeks before making bond. The state is using the conversation and the primary evidence of confession. I asked numerous times if I needed to speak to a lawyer but was repeatedly assured that none was needed because

if the incident wansnt forced, he just needed to find out thats all. I was not read my miranda rights because he said

I was not in custody at the time but was the main suspect. Also, I was not notified that the conversation was being recorded and they did not have a warrant either..Were my civil rights possible violated? Thankyou...Confused


Asked on 12/19/05, 5:23 pm

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Telephone Conversation

According to Texas law your conversation can be recorded so long as one party involved in the conversation knows that it is being recorded. Well, the other party was the police. So according to Texas law the officer is safe, however the laws in California may be different and I would also want to look into Federal Law regarding recording a conversation because I believe that there is supposed to be a beep in the conversation every 5 seconds.

You should have been informed that you were the primary target and since you were not your statements may be suppressed through what is known as a motion to suppress.

You need a good lawyer that understands Constitutional Law, Federal law as well as the law of both states.

If my office can be of any assistance feel free to contact us.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

TylerJustice.com

9035939100 24 Hour Emergency Line

9035708248 mobile line

Have a Merry Christmas

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Answered on 12/23/05, 4:45 am


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