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Do They Have To Read Me Miranda Rights When Getting Arrested?

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True or False Questions

When you are arrested the officer must read you your rights?

Answer: False

It’s a common misconception that police officers MUST read your rights when you get arrested. The ‘rights’ in which we are referring to are called Miranda rights. In the 1966 United States Supreme Court case of Miranda v. Arizona the Court issued a decision stating a person in police custody be read the following prior to being interrogated by the police:

“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 talk to an lawyer and have him present while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any question if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand these rights I have explained to you? Having these rights in mind, do you wish to talk to us now?”

In this case, the detained must waive their rights in order for their testimony to be admissible in court.  There is no law in the state of Texas which requires police officers to read you your Miranda rights before or even AFTER you’ve been arrested. HOWEVER, if the police start interrogating you and ask questions in which they are expecting a response and your rights have NOT been read, the statements that come out of your mouth will NOT be admissible in court.

In addition, the state of Texas has taken the Miranda rights issue one step further and are requiring that if and when Miranda rights have been read, it must be read under audio/video or written documentation. The law requires objective proof if the person arrested waives there Miranda rights.  This being said, if they don’t ask you questions regarding your situation in which they expect your answers to be admissible in a court of law, Miranda rights don’t have to be read to you.

If you ever find yourself in a situation where you are unsure of your rights, it’s important to request a lawyer immediately. The Conroe criminal defense attorneys at The Webb Firm, P.C. are here to help anytime and have the experience required to achieve your desired outcome. Please feel free to ask us any question you’d like using the form above and below on this page. You may also call: 936-647-3352

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