Conroe, TX asked in Constitutional Law and Criminal Law for Texas

Q: Is it constitutional that Miranda Rights are not read during arrests anymore, but only in pc court in some jurisdiction?

Is it constitutional that Miranda Rights are not read during arrests anymore, but only in pc court? Some counties, Montgomery County in Texas for instance, no longer seem to require officers to read rights during arrest. The next morning, they are read their rights at pc court, but usually they aren't allowed to say much during pc court.

3 Lawyer Answers
Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
Answered
  • Criminal Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Miranda rights are required to be read before a police officer conducts an in-custody interrogation. If the police officer asks questions that are meant to incriminate you and does not read you your Miranda rights then the State will not be able to use those answers against you in court. However, whether or not you are in-custody is a legal determination made by the totality of the circumstances. Usually, police officers will claim that they are merely detaining you while they are investigating you. This is why it is best not to answer any police officer questions. Even if they do not read you your Miranda rights the State will still try to use your answer against you. So, the best course of action is not to answer a police officer's questions. The next best course of action is to hire an attorney who knows how to get statements suppressed and how to use your Constitutional rights to your advantage. Good Luck and hire an aggressive attorney.

Kiele Linroth Pace agrees with this answer

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Hon. Richard W. B. Davis
Hon. Richard W. B. Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: If the police arrest you but do not ask you anything about the alleged crime, there is no requirement to read you your Miranda rights. They are only required to read you your Miranda rights if they ask you questions about an alleged offense.

Kiele Linroth Pace agrees with this answer

1 user found this answer helpful

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: You can't be forced to confess to a crime, but you can choose to confess. The purpose of the Miranda warnings is to ensure you know you don't' have to answer questions while in custody. If nobody is asking questions there is no need for the warnings.

You can be in custody before you are actually "under arrest" so, if the defendant made damaging statements in response to police questioning, the context of those statements should be evaluated by a decent criminal defense attorney.

1 user found this answer helpful

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