Legal Question in Constitutional Law in Texas

Jailed without being read my rights

On Saturday May 13, 2006 I was jailed for assault / family violence. My wife actually got physical with me first at first the police told me they wanted to talk to me and I gave the police a statement, by the time I got through giving them the statement I was jailed for the night and almost all day Sunday. I was not read my rights until Sunday afternoon, is there any legal action I can take against the police department for violating my rights and holding me without reading me my rights? If when I was giving them a statement that I was incriminating myself I had the right to know that I had the right to plea the 5th or the right to remain silent. If that's not the case then the saying that innocent until proven guilty should be changed to guilty until proven guilty.


Asked on 5/18/06, 3:36 pm

1 Answer from Attorneys
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Jailed without being read my rights

The Police can hold you and not read you your rights. They should read you your "Miranda Rights" if they are going to use your statements against you in a court of law. They do not have to read you your"rights" just because you are arrested. If you need representation don't make anymore statements and contact me at 281.485.0990

Read more
Answered on 5/21/06, 10:46 pm


Related Questions & Answers

More Constitutional Law questions and answers in Texas