QUESTION
Should I have been read my miranda rights before seeing the judge?
Asked on Jul 18th, 2012 on Criminal Law - Texas
More details to this question:
I was arrested for poss. C/s and the cops kept questioning me to get me to say it was mine and that I was buying it from my friend I was with. I then was handcuffed and the cop still asked questions in the car. I was not read my rights till after I was booked in jail and saw the judge. He was the one who read me my rights. Is that legal or can I get my case thrown out.
3 ANSWERS
3 Awards
The remedy for no Miranda is suppressing your statements. So you need a good criminal attorney to analyze the defenses in your case.
Answered on Jul 08th, 2013 at 12:43 AM
Criminal Law Attorney serving Houston, TX
Partner at
The Law Office of Matthew D. Sharp
If they did not mirandize you and record the conversation, then under Texas law your statement cannot be used against you.
Answered on Jul 24th, 2012 at 1:15 AM
Workers Compensation Attorney serving Bedford, TX
at
Durkin & Graham, P.C.
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You should be read the warnings required by Texas Code of Criminal Procedure Sec. 38.22 (commonly referred to as the Miranda warnings) prior to any custodial interrogation. If this wasn't done, you can't get the charges dismissed or "thrown out," but any statement made in violation of the requirements of 38.22 (and other sections of the CCP and case law) should, or may, be suppressed. Then, it would be a question as to whether there is enough remaining admissible evidence against you to support the charge if the charge would be dismissed or still pursued by the district attorney.
Answered on Jul 23rd, 2012 at 11:52 AM