R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.

Call Now: 713-489-7763

Se habla español

  • Home
  • Attorney
    • Bennett, R. Todd
  • Practice Areas
    • Sex Offenses
    • DWI Defense
    • Gun/Weapon Offenses
    • Probation Violations
    • White Collar Crime
    • Environmental Crimes
    • Drug Charges
    • Assault/Violent Crimes
    • Theft/Fraud Charges
    • Family Violence/Domestic Violence
    • Federal Crimes
    • Expunction & Sealing Your Criminal Record
  • Testimonials
  • Blog
  • Contact
R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.
713-489-7763
  • Home
  • Attorney
    • Bennett, R. Todd
  • Practice Areas
    • Sex Offenses
    • DWI Defense
    • Gun/Weapon Offenses
    • Probation Violations
    • White Collar Crime
    • Environmental Crimes
    • Drug Charges
    • Assault/Violent Crimes
    • Theft/Fraud Charges
    • Family Violence/Domestic Violence
    • Federal Crimes
    • Expunction & Sealing Your Criminal Record
  • Testimonials
  • Blog
  • Contact

Criminal Defense Services Grounded In Decades Of Experience

Photo of R. Todd Bennett
Attorney R. Todd Bennett
  1. Home
  2.  » 
  3. Criminal Defense
  4.  » 
  5. How might the lack of a “Miranda” warning figure into your case?

How might the lack of a “Miranda” warning figure into your case?

On Behalf of R. Todd Bennett, P.C. | Jul 14, 2024 | Criminal Defense |

Our readers in Texas have probably seen enough TV shows and movies to be familiar with the whole “right to remain silent” spiel that fictional cops say to fictional bad guys when making an arrest. What some may not realize is that is, in fact, a reference to an important part of law enforcement officials’ responsibility for warning a potential criminal defendant about his constitutional rights – commonly referred to as a “Miranda warning.”

“Miranda” warning basics

The “Miranda” part comes from the title of a 1966 US Supreme Court case in which the Court described how defendants should be warned. The rights in question derive from the Fifth and Sixth Amendments to the US Constitution.

  • First, there is the “right to remain silent,” which comes from the right against self-incrimination stated in the Fifth Amendment.
  • Next, there is the “right to an attorney” and the “right to have an attorney present during questioning,” as well as the “right to have an attorney appointed,” if the suspect or defendant cannot afford an attorney.

These rights come from the “right to counsel” stated in the Sixth Amendment.

Simply put, when a suspect or defendant is taken into custody by law enforcement, that individual does not have to say a word – he cannot be compelled to do so and, if he does so without first being given the “Miranda” warning, anything he says may be considered to be a constitutional violation and therefore inadmissible as evidence against him.

If you have been arrested and charged with a crime in Texas, evaluating every step of the case for potential constitutional violations is a key part of developing a criminal defense strategy. Be sure to have your case evaluated properly.

 

Categories

  • Assault
  • Blog
  • Criminal Defense
  • Domestic Violence
  • Drug Charges
  • Drunk Driving
  • DWI Defense
  • Fraud
  • Theft & Property Crimes
  • Theft Charges
  • Uncategorized
  • Violent Crimes

Archives

Recent Posts

  • I made an honest mistake. Will I face insurance fraud charges?
  • Will a Texas shoplifting charge show up on a background check?

Subscribe To This Blog’s Feed

Let’s Discuss Your Situation

I welcome your emails, but I’d love to talk to you, too, so please call me at: 713-489-7763

R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.

1545 Heights Blvd. Suite 600
Houston, TX 77008
Houston Office

713-489-7763
  • Follow
  • Follow
  • Follow
Review Us

*The Best Lawyers in America is one of the oldest and most respected peer review publications in the legal profession.

**AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Payment - Accepts Visa and MasterCard

© 2026 R. Todd Bennett, P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw