I was arrested and not given my miranda rights at any time is this legal?

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I was arrested and not given my miranda rights at any time is this legal?

Asked on June 23, 2009 under Criminal Law, Texas

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Although I do not practice law in the state of Texas, the general rule is that the issue of whether or not you were read your miranda rights does not come into play unless you said or did something incriminating subsequent to the time that they should have been read to you.  In other words, a case generally does not simply get thrown out due to the officers' failure to read you your rights.  However, if you said or did something incriminating at some point subsequent to when your rights should have been read to you (but the officers failed to do so) than that incriminating evidence would potentially be subject to suppression.  Moreover, if the state's case relies on that suppressed evidence, it is potentially possible to get the charges resolved favorably if key evidence is subject to suppression.  Nevertheless, if you are currently the subject of a criminal investigation/prosecution I highly recommend that you consult with and/or retain a criminal defense attorney to determine the strength of the state's evidence as well as the merits of any and all potential defenses that may be available to you in the interest of obtaining the most favorable resolution of these charges possible.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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