First, a little background. Miranda Rights as they are commonly called, are the result of a case out of Arizona in which Ernesto Miranda was arrested after a crime victim identified him, but police officers questioning him did not inform him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of an attorney. Mr. Miranda was taken to the police station where officers questioned him for two hours. After the 2-hour grilling, Ernesto signed a written confession. The confession stated that it was made voluntarily and that he had full knowledge of his legal rights (even though the Police never advised him of those rights). His confession was used used against him at trial, despite the objection of Defense Counsel and Ernesto was convicted of rape and kidnapping. Ernesto's Defense Counsel filed an appeal arguing the confession was not voluntary because he did not know his rights - the police had never told him his rights, they just typed into the confession that the Defendant knew them. The state supreme court affirmed the conviction and the matter went to the U.S. Supreme Court where the Court ruled that police had not taken proper steps to inform Ernesto Miranda of his rights. The so called Miranda Rights attach when a person is taken into custody or otherwise deprived of his freedom. In Texas, a person is deprived of his freedom if a reasonable person in the same circumstances would not consider him/herself free to leave. If a person is in custody or deprived of freedom statements made by that person cannot be used by the State in prosecution for a crime unless the Defendant was first advised of his rights (the Miranda Warning) which are: he has the right to remain silent; that anything he says can be used against him in a court of law; that he has the right to have an attorney present; and if he cannot afford an attorney one will be appointed for him. In Texas, the Officer seeking to take a statement must ask: Do you understand your rights? The purpose of Miranda rights is to ensure that a defendant does not say something that police can use to incriminate him/her without first knowing that he/she has the right to not talk to police. Once these warnings have been given, a person may knowingly and intelligently waive his rights and agree to answer questions or make a statement. The cure or remedy that applies if the Police do not read a defendant rights is that statements made by the defendant cannot be used in trial. No evidence obtained as a result of interrogation can be used against a person unless the prosecution has shown that the person had been informed of his rights. If a person indicates a desire to remain silent or have an attorney present at any time during questioning, the interrogation must cease or cease until an attorney is present. WARNING: The Courts in Texas have issued a ruling that a Defendant can invoke his rights and later waive them, so the police only have to mirandize a defendant one time, even if the Defendant invokes his right to remain silent or asks for a lawyer, the police can now come back later (what is "later" is a question to be determined) and start a conversation, if the Defendant starts talking and does not insist on maintaining the right to remain silent, the right is waived if the Defendant says something he/she later regrets. Accordingly the answer to your question depends on when and if the warnings were given and whether or not the DA or cops for that fact, try to use the statements made before the warning in court.

Answer Applies to: Texas
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Miranda warnings must be given to someone in police custody before the police interrogate them. If that is not done and the police question someone in custody who gives exculpatory information, then that information would be suppressed at trial.

Answer Applies to: Texas
Replied: 10/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

They only have to give you your Miranda rights before they interrogate you. If they don't interrogate you then you don't get the rights read to you. Hire an attorney, a good one should spot that issue easily.

Answer Applies to: Texas
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Contact your attorney to determine if it was necessary for you to have been given the warnings and what effect that might have on your situation.

Answer Applies to: Texas
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.