Lara Bracamonte Davila

Doing What Is Right For You

Miranda rights can protect you while you are in police custody

On Behalf of | Oct 2, 2024 | Criminal Law

If a Texas police officer arrests you under suspicion of criminal activity, they will likely want to ask you as many questions as possible to find out as much as they can about what happened in hopes that you will confess to a crime. However, answering those questions may not be in your best interest. Many people reveal too much information to law enforcement, which ends up leading to their eventual conviction.

The Fifth Amendment of the United States Constitution protects people from self-incrimination. Once you are under arrest and are in police custody, the officer is legally obligated to read you your Miranda rights before beginning the interrogation process. The main components of the Miranda warning include:

  • You have the right to remain silent.
  • Anything you say may be held against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be appointed to you.

After the officer reads you your rights, it is generally advised that you stay silent, other than to request to speak to your criminal defense attorney.

What happens if the officer does not read me my rights?

If you are in police custody, and an officer begins to question you without reading you your Miranda rights, anything you say will generally be inadmissible in court. However, the officer does not have to read you your rights if you are not in police custody. So, if an officer is questioning you before you have been arrested, your answers will likely be admissible in court if you end up facing charges.