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 12 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.


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