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Miranda RightsBefore a law enforcement officer may question you regarding the possible commission of a crime, he or she must read you your Miranda Rights. He or She must also make sure that you understand them. Texas Law - Miranda RightsWhen Will The Police Read Me My Miranda Rights?The police must advise suspects of their "Miranda Rights" - their right to remain silent, their right to a criminal defense attorney, and the right to an appointed criminal defense attorney if they are unable to afford counsel - prior to conducting an interrogation. If a suspect is not in police custody (i.e., "under arrest"), the police do not have to warn him of his rights. If The Police Don't Read Me My Rights, Can They Still Use My Statement?Sometimes, a suspect will make voluntary statements after he is arrested. The police do not have to warn suspects not to make voluntary statements, as long as they do not deliberately try to elicit those statements through statements or conduct. Sometimes, suspects will express their surprise at being caught by the police, with statements to the effect of, "You got me." At other times, suspects will try to justify their actions to the police after they are arrested, with statements such as, "I don't know why I did it," or, "The drugs weren't mine - I was carrying them for a friend." Those statements, if made spontaneously by a suspect, will almost always be admissible in court. Additionally, if a statement leads to the discovery of other evidence, even if the statement itself was taken in violation of the Miranda ruling the police may be able to use that evidence. Can My Silence Be Used Against Me In Court?When a person chooses to remain silent after receiving his Miranda warnings, that silence cannot be used against him in court. However, if a person has not received his Miranda warnings, and remains silent, it is possible for that "pre-Miranda" silence to be used against him. For example, if a person is arrested for murder, or is told that he is a suspect, a typical innocent person will express disbelief and may even try to present an alibi. It would be unusual for a person to simply remain silent, after being informed that he is being wrongfully charged with murder - even people who know their right to remain silent will often express surprise. A prosecutor may subsequently argue that the "pre-Miranda" silence resulted from the fact that the defendant was not surprised that the police "figured it out." How Do I Protect Myself From Having My "Pre-Miranda" Silence Used Against Me?If you are under investigation for a criminal offense, you can prevent "pre-Miranda" silence from becoming an issue by stating, "My defense attorney told me never to talk to the police without talking to him first. Do I have to answer your questions?" Once informed that you have the right to remain silent, no negative inference can be drawn from your exercise of that right. There is nothing wrong with making your Texas defense attorney responsible for your choice to remain silent -- it looks a lot more suspicious if you simply refuse to answer questions than if you present the explanation that your attorney gave you standing advice not to answer questions. If I Remain Silent Or Ask For A Lawyer, Won't The Police Think I Am Guilty?The police tend to draw a negative inference from the fact that suspects refuse to answer questions, or where suspects hire attorneys ("lawyer up") before they are charged with crimes. However, there are many cases where the only evidence against a defendant is his confession, or where an innocent person finds that the police have misinterpreted his statements. In one notable case, a police officer was a criminal suspect -- he made a taped statement, expressing his innocence. Subsequently, he was shocked to hear his tape recorded "confession" used against him in court. As it turned out, his statement was recorded on a used tape, which contained a confession from a different case. Part of the old recording, immediately after the end of the police officer's statement, was presented as the defendant's "confession." If that can happen to a police officer, obviously it can happen to you. WARNING OF RIGHTS
It is my advice to you that, in the event you are ever put into the situation to have a law enforcement officer read you your rights, you immediately inform him or her that you do not wish to speak to them, or make a statement, without an attorney present. By law, at that request, they are not allowed to question you any further. REMAIN SILENT!Contact my office to learn more. You can reach me 24/7 by calling me on my cell phone at 281-733-0264. Law Office of Penny Wymyczak-White 723 Main Street, Suite 808
Cell Phone, Call 24/7 281-733-0264 Phone: 713-568-4302
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