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.
