When accused or suspected of a crime, it is especially important for a Texas adult to know his or her rights. This includes the right to remain silent when questioned by police. One’s Fifth Amendment rights, often referred to as Miranda Rights, apply when someone is in police custody. Knowing how these rights apply during an investigation or questioning could protect one from self-incrimination that could affect the outcome of his or her case.
What are Miranda Rights?
During an investigation, law enforcement may ask a person of interest certain questions about his or her involvement in the suspected criminal activity. At any point, that individual has the right to seek legal counsel regarding what he should or shouldn’t say. If taken into police custody for any reason, one’s Miranda Rights include the following:
- The right to remain silent
- Reminder that anything said could be used against that individual
- The suspect’s right to an attorney
- The appointment of an attorney by the court if the individual cannot afford one
Anyone taken into custody must be fully informed about his or her Fifth Amendment Miranda Rights by law enforcement at the time. Failure to do this is a violation of rights and could impact the validity of the entire case.
Defending rights and interests
When taken in for questioning or placed under arrest, an individual has certain rights. If under investigation, it may be helpful to know about how one can shield his or her rights and interests. If there is any violation or mistake, it could be grounds to challenge the prosecution’s entire case in a Texas courtroom.