Legal Question in Criminal Law in Texas
When Miranda Rights must be read.
If you are arrested for anything ranging from a minor traffic violation to major criminal acts, is the arresting officer required by law to read you your miranda rights at the time of the arrest? Also, if this is not done can any arresting paperwork or tickets issued be thrown out because your rights have been violated? Thank you for any help that you can render.
1 Answer from Attorneys
When are "Miranda" warnings due etc
In a normal situation, unless the arresting officer wants your statement immediately, there is no need to give a :Miranda" warning. If they do not give the warnings, and the situation is such that they would have been required to give them, any statements YOU make can be excluded. The reports of the officer etc, however are still admissible - at least as far as Miranda is concerned. In other wards, only statements by an accused are covered by Miranda, not his actions or the actions of others.
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