Austin Criminal Lawyer

Frequently Asked Questions

Q: The police officer who arrested me failed to read me the Miranda rights. What effect does that have on my case?

A: An officer’s failure to administer Miranda rights is not necessarily fatal to the prosecutor’s case. Generally, the failure to read the rights will prevent the officer from being able to repeat in court any oral statement you might have made after being arrested. Of course that could hurt the prosecutor’s case and help your case.

Unlike the law in most states, Texas law generally requires confessions to be made in writing. If the officer did not intend to go to the trouble of obtaining a written statement, he or she may have decided that the Miranda warning was a waste of time and skipped it. Nonetheless, most officers will read the Miranda rights at some point after making the arrest.

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