Legal Question in Criminal Law in Texas
miranda rights
My brother was picked up in Ok on a murder charge from Tx
he went with out a fight but was put in the questioning room and held for over 4 hours if not longer before he was aloud to use a phone to contact me or an attorney, how do I go about seeing if there was a recording of the interigation or written statesments about the whole process when he was held, he asked repeatedly for a phone to call family and friends and was not given the opportunity, so how do I find a record of what was said during this time of questioning? Thankyou Please help
2 Answers from Attorneys
Re: miranda rights
Good luck. If your brother's statements hurt him, they will probably be preserved and available during discovery. If they tend to exonerate him, they will probably be "lost." Constitutional rights are largely a thing of the past. When you hire an attorney, check around. Call the Texas Criminal Defense Lawyers Association, maybe they can put you in touch with a good one. Good luck.
Chad
Re: miranda rights
Your Question: How do I go about seeing if there was a recording of the interrogation or written statements about the whole process?
Your brother's attorney will have the right to discover if there were any recordings made and/or what statements, if any, your brother may or may not have made while in custody.
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