Legal Question in Criminal Law in Texas

My husband was never read his rights before or after he was arrested, not even at the jail. The arresting officer specifically told him, if i haven't read you your rights, you are not going to jail. Is that illegal, and if so, could we get the case dismissed because of it?


Asked on 9/11/10, 2:55 pm

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Cops do not have to give someone their rights to arrest them. The Miranda warnings deal with statements. Any responses someone gives to police questioning while in custody is inadmissble unless that individual has been read their rights. That's it.

So no, the case cannot get dismissed because of it but any statements he gave in response to police questioning while in custody are up for suppression.

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Answered on 9/16/10, 3:11 pm


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