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Arrest Without Miranda Rights In Houston
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Multi-State
City:
Houston
Control #:
US-000280
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FAQ
If you are not read a required Miranda warning, we can file a “motion to suppress evidence.” If the judge grants it, any incriminating statements you made after the warning should have been given will be inadmissible.
While Miranda warnings are extremely important, an officer's failure to read them in and of itself does not result in a dismissal of criminal charges. Simply put, Miranda warnings themselves are not constitutional rights; rather, they are safeguards against the Fifth Amendment privilege against self-incrimination.
If you are not read a required Miranda warning, we can file a “motion to suppress evidence.” If the judge grants it, any incriminating statements you made after the warning should have been given will be inadmissible.
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The answer to this question is: "It depends. " You may be surprised to learn that Miranda warnings are related not to an arrest but to an interrogation.Our criminal defense lawyer in Texas will identify whether your Miranda rights were violated, and then use that information to build a solid defense. Miranda is not a requirement to take someone into custody, nor is it a requirement every time police talk to anyone about anything. Can cases be dismissed if arresting officers forgot to read your rights? Find out what the law says from Houston criminal attorney Lisa Shapiro Yes, law enforcement is still required to read you your Miranda rights. Once you are placed under arrest, the police are not required to read you the Miranda warning. This is a common misconception. Fill out the form below to schedule a free, no obligation consultation.