Legal Question in Criminal Law in Texas
Officer failed to read me my rights before arresting me, can anything be done?
Asked on 8/18/11, 4:58 pm
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
The law requires an officer to read a person their Miranda rights when they are in custody and before interrogating them. If you were arrested but not interrogated, then there is no need to read your rights. Also, an officer can question you before your are arrested (although there are a few limits on this . . . )
The remedy for a violation of Miranda rights (not reading them or not giving a lawyer or restarting interrogation, etc.) is that any inculpatory statements made as a result of in-custody interrogation are subject to being suppressed - cannot be used against the defendant in trial.
Answered on 8/18/11, 5:38 pm
Related Questions & Answers
-
Can an employer force an employee to leave the work premesis if they have been... Asked 8/18/11, 9:16 am in United States Texas Criminal Law
-
I have a brother that got infected with TB in a Texas prison. i want to know if I... Asked 8/17/11, 9:06 pm in United States Texas Criminal Law
-
Does a school have to remove the attacker involved in a sexual assault on a campus?... Asked 8/15/11, 6:12 pm in United States Texas Criminal Law