Anyone who has ever seen a police procedural drama on TV knows about the Miranda warning and its importance in the US legal system. However, there’s a tremendous amount of misinformation on the reading of a suspect’s rights, which can lead to difficulties during an arrest. When a person faces arrest, local lawyers provide clients with legal guidance that’s based on years of experience. An attorney can help a client understand his or her rights, which is important when facing serious charges.
What Are the Miranda Warnings?
A 1966 court case, Miranda v. Arizona, resulted in the process that’s known today. When a suspect is interrogated or taken into custody, they must be notified of their right to a criminal lawyer in Rockwall, TX, and that anything they say can and will be used in court. A person who is arrested must also be told that they have the right to stop the interview if they choose not to participate any further.
What If the Suspect Isn’t Read Their Rights?
If a person is arrested and not read their rights, the things they say during interrogation cannot be used in a subsequent trial. In some instances, police may attempt to ask a suspect questions before making an arrest, but the Miranda warning does not have to be given in this case. Any admissions made here can’t be used in court, even if the person is arrested later.
Exceptions to the Miranda Rule
Some exceptions exist, which allow prosecutors to use un-Mirandized suspects’ statements. If a police officer questions a person about a weapon and the answers lead to its discovery, the evidence can be used at trial. Inevitable discovery is another notable exception. This refers to cases where police are presumed to find evidence, even without a suspect’s help.
Call a Criminal Lawyer Right Away
Call the Law Office of Tim Hartley to learn more about protecting suspects’ rights when charged with crimes in Texas. Visit the website to set up a free consultation or call the office today. Whether a person faces a misdemeanor or a felony charge, a qualified criminal lawyer can serve as an ally when they’re needed the most.