QUESTION
When you're arrested and your Miranda rights are not read to you, will the case still stand?
Asked on Apr 30th, 2012 on Criminal Law - Texas
More details to this question:
When you're arrested and your Miranda rights are not read to you, will the case still stand?
2 ANSWERS
3 Awards
Depends. They only have to Mirandize you if you are being interrogated. And the remedy for violating your rights is suppressing those statements.
Answered on May 01st, 2012 at 2:54 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
The failure to read Miranda rights to a person in custody who is interrogated (only time it applies) results in the suppression of those statements only. It does not mean the case will be dismissed. And, any questions when the person is not in custody but an investigation is being conducted or the person blurts out without being interrogated are admissible anyway.
Answered on May 01st, 2012 at 12:14 PM