Legal Question in Criminal Law in Texas

Miranda rights not observed

If someone were not read theeir rights upon arrest is that grounds for dismissal of charges against them?


Asked on 8/23/06, 5:53 pm

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong

Re: Miranda rights not observed

No, not necessarily, depending on the facts of the arrest. If the person was just arrested, without being questioned about the facts of the crime, then no, it is not necessary that the person be given their Miranda rights. However, if the person is to be interrogated then the person must be read their Miranda rights. It is best to contact a criminal defense attorney in your area and let the attorney look at the facts and make a determination as to whether there is Miranda violation. Good luck.

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Answered on 8/23/06, 6:03 pm


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