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Miranda Rights

When Are Police Required to Read Me My Rights?

By Peek & Toland on January 24, 2019

Everyone who has ever watched individuals get arrested or taken in for questioning on TV is familiar with police “reading their rights.” This catchphrase refers to the rights established in the landmark 1966 U.S. Supreme Court case of Miranda v. Arizona. Among these rights include a formal warning by law enforcement officers of the right to remain silent, the right to have a lawyer present during questioning, the right to be appointed a lawyer if you cannot afford one, and the right to terminate the interview at any time, as well as advisement of the fact that any statement that you make can be used against you in court. Police officers must read these rights to individuals prior to performing any type of custodial interrogation. If these rights are violated, then any statements made during the interrogation are not admissible in court, which can result in the dismissal of charges against individuals in some cases.

When Are Police Required to Read Me My Rights?

The key to determining when police are required to read Miranda rights to you is whether you are undergoing a custodial interrogation. Typically, this type of questioning occurs when you are under arrest and police are attempting to further the investigation of the crime for which you have been arrested. If you are in custody and being interviewed by police, you should be advised of your rights.

However, it is not always easy to tell when you are in custody or subject to a custodial interrogation, which can make it difficult to tell whether police should read you your rights or not. For example, if you voluntarily have gone to the police station to answer questions, but are not under arrest, then chances are that police are not required to advise you of your rights. However, anything that you say during this interview or conversation can later be used as evidence against you.

If you are facing criminal charges, you should consult with an experienced criminal defense attorney who can ensure that all of your rights a protected at all stages of your criminal proceedings. At Peek & Toland, we are dedicated to protecting your rights and defending you any accusations of wrongdoing that you may be facing. We are here to investigate the facts surrounding your case, consider your options, and help you develop the strategy that is best designed to achieve a successful outcome in your case. Do not waste time attempting to handle legal matters on your own; contact our office as soon as you are charged with a criminal offense so that we can provide you with the help that we need.

Posted in Criminal Defense

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Six Defendant Mistakes You Can Make if Charged with a Crime in Texas

By Peek & Toland on November 10, 2016

As experienced Austin criminal defense attorneys, it’s our job to protect you if you are charged with a crime and you hire us. You should be aware of some of the defendant mistakes you can make if you are charged with an offense that can jeopardize your case.

When you are first charged with a crime, it’s easy to panic and make mistakes. You can also be guilty of overconfidence. You’ve seen criminal cases on TV. How hard can it be to beat the system?

Here are six most common defendant mistakes made in Texas criminal cases.

Aim to avoid defendant mistakes

1 Representing Yourself

The U.S. constitution allows you to represent yourself and not hire a lawyer. We have seen a lot of defendants come unstuck trying to act for themselves. If you choose to act as your own lawyer, a judge will expect you to act like a lawyer who has passed the bar. You may fall foul of rules of procedure and be taken apart by the experienced prosecution. This can be one of the most dangerous defendant mistakes to make.

Our experienced Texas criminal defense attorneys have years of courtroom experience in criminal trials. It makes sense to hire a lawyer.

2 Discussing Your Case

When you are charged with a crime you may want to seek help from friends and family. It’s also natural to protest your innocence. However, talking about your case can compromise it. You may say something incriminating and the person you talk to might raise it with the prosecution.

Your discussions with your attorney are confidential and protected. If you talk to anyone else, including a spouse, it could harm your case. Always follow the advice of your attorney

3 Posting Details of Your Case on Social Media

In the era of social media, we see more and more cases compromised by defendants posting details or opinions on social media. You might be responding to a comment or think your post is vague. This is one of the easiest defendant mistakes to make. Avoid using social media during the duration of your case or even disable your accounts.

4 Giving up Your Constitutional Rights

You have a constitutional right to hire an attorney when you are charged with a crime or taken into police custody. The police officers are required to inform you of this right. It’s known as your Miranda Rights. The officer will also tell you that you have a right to stay silent but anything you do say can be used against you in a court of law.

This does not mean a police officer will stop asking you questions. Police are specially trained in techniques to get suspects to talk. Be aware of your rights and politely decline to give information beyond your personal details until you have hired a lawyer.

5 Allowing the police to do a search

Don’t give police permission to carry out a search. If they ask you, they probably don’t have permission. Inform them they don’t have permission and ask to see a search warrant. If you have witnesses to any unlawful search it could help your case.

6 Being Rude and Abusive to police

Assert your rights but don’t be rude or abusive to police or obstruct them in a physical manner. You may be charged with additional offenses. Allow an experienced Austin criminal defense attorney to represent your rights.

If you have been arrested for a crime you should hire a knowledgeable Austin criminal defense lawyer as soon as possible. Call us at (512) 474-4445.

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