Legal myths about your Miranda rights and being arrested

Legal myths about your Miranda rights and being arrested

| May 4, 2021 | Criminal Defense |

Many Texas residents are familiar with criminal television shows always specifying the need for an officer to read people their Miranda rights. In fact, that’s one of the most memorable parts of any arrest scene. However, it’s important to separate myth from fact.

When must you be read your Miranda rights?

Any criminal defense attorney will tell you that an officer only has to read you your Miranda rights when they arrest you. If a police officer doesn’t take you into custody, they are under no legal obligation to read your rights. Many people get confused about this subject and falsely believe that a court cannot later use anything they say against them if they haven’t been read their rights first. In reality, a police officer can use any information you provide them with as long as they didn’t take you into custody prior to the admission.

Being questioned by the police

It’s not uncommon for police officers to question people of interest when working on a case. Some people falsely believe that they are mandated to talk to the police. The reality is that you don’t have to talk to the police if you don’t want to. There is one exception to the rule, which is the “stop and identify” law. This law is only present in certain states throughout the country, but it specifies that an officer may ask for a person’s identification and name. They may only do so if they have reasonable suspicion that the person committed a crime.

When it comes to interacting with the police, many people have false assumptions of what their rights entail. It’s vital that you take the time to learn your actual rights so that you can look after your best interests. If you have questions regarding your rights, it’s advisable to ask an experienced lawyer.

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