Legal Question in Criminal Law in Texas
Miranda Rights
If you are arrested on a misdamenor should you still have the miranda rights read?
2 Answers from Attorneys
Re: Miranda Rights
anytime you are custody, and the police want to question you, then they need to read you the miranda warnings, or any statements you make can be suppressed.
If the cops dont want to talk to you, or dont care what you have to say, then they dont have to read you the warnings.
Re: Miranda Rights
Your rights should be explained to you before any questioning. I've had numerous clients confuse this issue. People often think that failure to Mirandize somehow invalidates the arrest. This is incorrect. The remedy for failure to Mirandize is any incriminating statement will not be admitted into evidence. However, if the arrestee never said anything incriminating, then there is nothing to suppress.
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