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Back in 1966, the landmark Supreme Court case Miranda v. Arizona ended with the court ruling that police issue a formal warning to potential suspects prior to an interrogation beginning. Additionally, the state of Texas codified this same rule in Articles 38.21 and 38.22 of the Texas Code of Criminal Procedure. Violation of this rule will mean that the government cannot use any type of incriminating statements against an accused individual if made after placed in custody and before warnings are given, aka custodial interrogation.

Miranda rights may only be applied in regards to statements made during custodial Interrogation. In the state of Texas, these statements can be used against an accused person only if it is shown that the individual received a warning that contains the basic Miranda rights. Furthermore, it must be proved by the state that the accused person voluntarily, knowingly, and intelligently waived their Miranda rights. Prior to the state being able to use any statements against the accused person, the statements must be recorded by electronic means.

But are police in Texas required to read Miranda rights to an accused person? The simple answer to this is they don’t always have to, such as if you voluntarily go to a police station to speak to them. Furthermore, they can also still use any statements that you make against you. Additionally, you won’t have to be read your Miranda rights in this instance because by voluntarily going to a police station, you aren’t considered to be in custody for Miranda purposes, meaning you do not have to be read these rights.

If you ever find yourself in the presence of police officers, it’s extremely important that you watch what you say due to the fact that your behavior and/or statements may be recorded through the use of an officer’s body camera or other electronic means. If you end up getting placed under arrest, the police will not always read these rights to you right when your arrest takes place. This does not mean that your rights have been violated.

Thank you for visiting the Jarvis, Garcia & Erskine blog, an Austin criminal defense law firm. We write to inform locals of news, events, and law changes.