Legal Question in Criminal Law in Texas

Miranda Rights

If you are arrested on a misdamenor should you still have the miranda rights read?


Asked on 6/29/09, 6:40 pm

2 Answers from Attorneys

Robert Tuthill Law Office of Robert H. Tuthill

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.

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Answered on 6/29/09, 6:54 pm
adrienne dunn Law Office of Adrienne Dunn

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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Answered on 6/30/09, 10:41 am


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