If you were not provided Miranda warnings before you were questioned or arrested, your Fort Worth TX criminal defense lawyer may explain how this failure of receiving warnings may affect your case.
Procedural Requirements
An attorney from a Fort Worth criminal defense law firm can explain that law enforcement officers must provide an individual with information about their rights. This includes:
- the right to remain silent
- that anything that the person being arrested says or does can be used against him or her in a court of law
- that the person being arrested has a right to talk to an attorney and
- that a lawyer can be appointed if the person being arrested cannot afford one.
Effect of Failure
An attorney from a Fort Worth criminal defense law firm can explain that if a person did not receive these warnings, any statement that he or she subsequently makes can be considered inadmissible.
Technical Requirements
In order for a person to be protected by this failure, he or she must show that the interrogation was custodial in nature. Whether a person is considered to be in custody or not is based on the specific circumstances. However, some common factors are usually considered, including the language and tone that the officer used with the suspect, the degree to which the individual was confronted with evidence of his or her guilt, the physical circumstances of the interrogation, the length of time of the interrogation and how much pressure the officer exerted over the defendant. Additionally, Miranda warnings must be given before an interrogation. An interrogation is a situation in which law enforcement officers are reasonably likely to get a response from a suspect that incriminates him or her.
If you would like to raise a challenge due to the failure to receive Miranda warnings, contact Bryan Hoeller at 877-208-3382.
Fort Worth