Miranda Rights in Texas

In 1963, Ernesto Miranda was arrested on kidnapping and rape charges in Phoenix, AZ. His arrest was based solely on circumstantial evidence. Yes, it is true that one can be lawfully arrested, tried, and convicted merely on circumstantial evidence. However, what ensued after Mr. Miranda’s arrest is where “Miranda rights” come from.

After being taken into custody, Mr. Miranda was taken to the police station and interrogated by detectives for hours upon hours. He was unaware that he had the right to talk to a lawyer and seek legal advice. At no point did any of the law enforcement officials involved ask if he wanted to contact his attorney. The police encouraged Mr. Miranda to sign a written confession, which he did. In the end, Mr. Miranda was found guilty and sentenced to 40 years in prison.

Mr. Miranda’s attorney appealed his decision, based on an unlawfully obtained confession, all the way to the Supreme Court. In 1966, the Supreme Court overturned Mr. Miranda’s conviction, stating that his signed confession statement was inadmissible since he was never informed of his constitutional rights.

Miranda Warning

Based on the Supreme Court’s ruling, police officers in Texas and all 50 states are now required to inform the people they arrest of the following:

• Suspects have the right to remain silent (i.e., to not answer any questions)
• Anything that suspects say can be used against them in court
• Suspects may have an attorney present before being questioned and while actively being questioning
• Suspects have the right to an attorney whether they can afford legal representation or not
• A public defender can represent the suspect before and during the police interrogation, which costs the suspect nothing

It does not matter what order the police officer states the suspect’s Miranda rights or that any specific wording or phrasing is used. The law enforcement community refers to this as “Mirandizing” a suspect.

Know Your Constitutional Rights

The Fifth Amendment to the US Constitution gives suspects the right to protect themselves from self-incrimination. The Sixth Amendment provides suspects with the right to a lawyer, to know what crimes they’ve been accused of, and to a trial by an unbiased jury that is held in public view. There are other constitutional rights that come into play for those suspected of committing crimes, but these are the most prevalent.

Upholding Miranda Rights in Texas

Miranda rights, essentially being reminded of one’s constitutional rights, are highly valued and protected in Texas. Many see a proper Miranda warning as an integral part of a true democracy. A Texas judge would not hesitate to throw out a confession or even just a statement made by the suspect if the police failed to promptly and thoroughly Mirandize that person. Many prosecutors find they have no case without that inadmissible confession. If the police mishandle a suspect’s legal rights, the consequences can be substantial.

Arrested? Contact our San Marcos Criminal Lawyers Now!

As San Marcos, TX, criminal lawyers, Mendoza Law is passionate about protecting your rights. Our experienced, knowledgeable team will comb over the details of your case to ensure your rights are met at every step. Schedule a fast and easy consultation with us now.