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Understanding Miranda Rights and Talking to Law Enforcement in Texas

Posted by Anthony Smith | Jan 11, 2025 | 0 Comments

Imagine a place where police hold all the power, and citizens have no power. That world, for some, may not be so unimaginable. If you have found yourself on the other side of law enforcement in Harris County or Galveston County, you can appreciate that there are laws in this country meant to protect you. We also know, however, that those laws are often violated. Some of these laws meant to protect us are Miranda rights, and they are also violated at an unfortunate rate by law enforcement. It is a commonplace for clients to explain to their attorney that the officer did not inform me of my rights. When does an officer need to inform you of your rights and how does it apply?

Whether a violation of your Miranda rights is intentional or applies to your case, sometimes the violation can be used in your defense. As a criminal defense attorney, it is crucial to ensure that you are well-informed about your rights, especially when it comes to interactions with law enforcement. One of the most important protections you have is your Miranda Rights. These rights are designed to protect you during custodial interrogations and ensure that any statements you make are voluntary and informed.

What Constitutes Miranda Rights in Texas?

We all have certain constitutional rights that protect us when interacting and speaking with the law enforcement and the criminal justice system. These rights are known as Miranda rights, which were upheld by the U.S. Supreme Court in Miranda v. Arizona. 384 U.S. 436 (1966). Many people probably know about them from popular TV shows or action movies but may not know exactly what these rights mean. 

Anyone who has been taken into custody and prior to being interrogated by the police must first be read their Miranda rights. The reading of your Miranda rights is known as a ‘Miranda warning' because the police are “warning” you of your constitutional rights surrounding a person providing a statement when being investigated and that statement being admissible in a contested hearing or trial. Law enforcement officers are required to inform you of the following rights:

  • You have the right to remain silent.
  • Anything you say can and will be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be provided for you.

These rights, born out of the 5th and 6th Amendments of the U.S. Constitution, are in place to ensure equal protection under the law. Violation of Miranda rights may be reason enough to suppress any incriminating evidence against you so long as that evidence was obtained from the violation. Motions to suppress or motions to exclude evidence flowing from a Miranda Rights violation can be a critical part of your defense. In fact, getting charges dismissed can result from the finding that Miranda rights were violated in Texas.

What Crimes in Texas Require Miranda Warnings?

Miranda warnings are applicable whenever a person is in police custody for any alleged criminal activity or offense. These include crimes like:

  • Sex crimes
  • Drug crimes
  • Violent crimes
  • Theft crimes
  • White-collar crimes
  • Domestic violence
  • Organized crime
  • Property crimes
  • Hate crimes

Why are Miranda Rights Important?

These rights are crucial because they protect you from self-incrimination and ensure that you have legal representation during questioning. If law enforcement fails to provide these warnings, any statements you make may be inadmissible in court.

In Texas, as in other jurisdictions, it is essential to be aware of your rights and exercise them appropriately. If you are approached by law enforcement, you should clearly state that you do not wish to speak without an attorney present. This can prevent any potential misuse of your statements and ensure that your rights are protected.

Waiving your Miranda Rights can have serious consequences. Anything you say can be used against you, and without an attorney present, you may inadvertently provide information that could harm your defense. It is always advisable to consult with an attorney before making any statements to law enforcement.

Are there Exceptions When Miranda Warnings Are Not Required?

There are exceptions to Miranda warnings, and these exceptions apply to when police must give Miranda warnings and when evidence can be excluded for Miranda warning violations. A few situations exist where the police are not required to read a person the Miranda warnings. These situations include when the officers are: 

  • questioning someone for public safety purposes
  • asking standard booking questions, like your name and address
  • stopping a vehicle for a traffic violation.

Determining if Miranda Rights Were Violated in Texas

You always have the right against compelled self-incrimination and the right to a criminal lawyer. Miranda requires that people be informed of these rights should they ever be:

  • Taken into police custody, and
  • Subjected to interrogation.

If you were taken into custody and interrogated about criminal activity without being “Mirandized” (read your Miranda rights), any evidence provided during that interrogation may be excluded from court. Knowing what these terms mean can help you understand whether your Miranda rights were violated.

  • Custody means a reasonable person would think they were in custody if they were in the same situation. If you are held against your will, you likely have been taken into custody. For example, being put into the back of a police car typically means you are in the custody of the police. 
  • Subjected to interrogation means the police ask questions specifically intended to elicit incriminating statements. For example, asking why you did it or where you hid a stolen item are questions that are subjecting you to an interrogation.

One word of caution: your words can still haunt you even if you were able to prove your Miranda rights were violated and, as a result, were able to suppress the evidence flowing from that violation. At trial, incriminating statements can be used to impeach you. This means your statements can be used to show you lied or are not fully telling the truth while on the stand.

Can I Talk to the Police?

It is usually not advisable to talk to the police without the presence of an attorney. Some people, however, still want to talk. Miranda rights can be waived. Just remember: if a police officer delivers a Miranda warning, but you continue to talk, that information can be used against you as evidence in court.

If you find yourself in a situation where you are being questioned by law enforcement, remember the following:

  • Clearly state that you wish to remain silent and request an attorney.
  • Do not answer any questions or provide any statements without your attorney present.
  • Be polite and respectful, but firm in exercising your rights.

Understanding and exercising your right to remain silent is a critical aspect of protecting yourself during a criminal investigation. If you have any questions or need legal assistance, please do not hesitate to contact our office.

Why Wasn't I Read My Miranda Rights?

You may not have been read Miranda rights if you were not being taken into custody to be interrogated or put under arrest.  

The police can ask questions so long as they are not incriminating. Also, there are exceptions. For example, traffic stops are not custodial. The police can pull you over for a traffic stop, and if that leads to a suspicion of intoxicated driving, the police can ask questions without reading your Miranda rights. 

Your Miranda rights (and a violation of these rights) depend on the exact circumstances of your encounter with the police. This is exactly why it is important to seek the advice of a criminal defense attorney in Texas.

Contact a Criminal Defense Attorney in Harris and Galveston County Today

The Law Office of Anthony Ray Smith, PLLC will identify whether your rights were violated, and then use that information to build a solid defense. At our office, we take your constitutional rights seriously. Contact us at 713-242-8917 to schedule a free consultation and to learn more about how to build a strong defense for your criminal case. When your rights are violated, your attorney can use that to file motions to suppress evidence or dismiss the case––it all depends on the facts and circumstances. This can be a critical component of your defense strategy. 

At the Law Office of Anthony Ray Smith, we know what to look for and will file motions to exclude evidence when it's applicable. Contact us today at 713-242-8917 or fill out our online form to schedule a free consultation. Get the defense you deserve if you have been charged with a criminal offense.

About the Author

Anthony Smith

Anthony started The Law Office of Anthony Ray Smith after his previous position as a Felony Prosecutor at the Galveston County District Attorneys Office. Anthony now focuses on representing individuals in their efforts of solving difficult legal issues and asserting their rights while seeking ju...

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