Due to the frequency of Miranda rights in crime television shows, many people are under the impression that they are entitled to a reading of their Miranda rights in nearly every encounter with law enforcement. Unfortunately, this is not the case.
In the state of Texas, Miranda rights are far more limited than many would like to believe. It is possible for an individual arrested for driving while intoxicated to be charged for this offense without ever having their Miranda rights read to them. While this may come as a surprise, this is totally legal.
If you were arrested for driving while intoxicated, and you believe you may have a Miranda rights defense, you need a criminal defense attorney who can examine the facts of your case to determine whether this is true.
The criminal defense attorneys at Law Offices of Richard C. McConathy have years of experience developing defenses against DWIs and other related offenses for clients like you. While many people are charged without a need for a reading of their Miranda rights, an attorney can determine whether you are the exception.
If you live in Lewisville, Denton, Argyle, Roanoke, Sanger, The Colony, or Carrollton Texas, call 940-222-8004 to schedule your free consultation with Law Offices of Richard C. McConathy to discuss the details of your case. Our offices are located just off of Interstate I-35 East in Denton, and easily accessible from the Sam Rayburn Tollway in Lewisville.
If you live in Cooke County, Tarrant County, Grayson County, Collin County, Dallas County, or Wise County, call now to schedule your consultation.
Pursuant to the 1966 Supreme Court Case, Miranda V. Arizona, Texas Code Articles 38.21 and 38.22 dictate when Miranda rights must be read to an individual. Miranda warnings must be given to any individual before an interrogation taking place in police custody. When this Code is violated, any statements collected from the individual are inadmissible.
This means that if you are not being interrogated by the police while in police custody, you are not entitled to a reading of your Miranda rights. Interrogation does not include being questioned during a routine stop. Similarly, being pulled over by a police officer is not enough to constitute being in police custody.
Even after an arrest, individuals are not entitled to a reading of their Miranda rights. Only those individuals interrogated while in police custody are an entitled to a reading of their rights.
Some of the most common types of offenses where an individual may become entitled to a reading of their Miranda rights include the following:
Texas Code 38.21- Visit the Texas Code website of the Texas State Legislature for more information on admissible and inadmissible statements at trial. This website also provides information on when Miranda warnings are required. Also, find information on Texas criminal procedure.
Felony Trial Division- Visit the District Attorney Website of the Denton County Department of Justice to find out more about pleas before the court, jury trials, and post-trial habeas corpus issues for a new trial. This website provides information on procedural rules and the court process. Also, find information on the criminal case process.
Although DWI arrests don’t typically require a reading of your Miranda rights, if you are arrested for a DWI, you may still be able to raise other defenses to your charges. At Law Offices of Richard C. McConathy, one of our skilled criminal defense attorneys is prepared to examine your case and walk you through the best defenses based on the facts.
If you were charged with a DWI in Denton County, Grayson County, Cooke County, Wise County, Tarrant County, Collin County, Dallas County, or a neighboring area, call Law Offices of Richard C. McConathy at 940-222-8004 to schedule a free consultation.
Our offices also accept clients in Argyle, The Colon, Roanoke, Sanger, and Lewisville, Texas.
This article was last updated on December 21, 2016.
I can’t say enough great things about the attorneys at this law firm. Within a few months they had my case, which I thought I was going to lose, dismissed and put my life back on track. I would recommend their firm to anyone and everyone who is in need of legal help.Leslie L. Denton County DWI
A few months before I moved out of Texas, I was arrested for DWI. The problem was I was building a new life in another state with greater opportunities. I needed to find an attorney to handle my special situation being an out of state client who also travels out of the country. My case was in Denton County, which I have heard is a very difficult county to deal with. Because of my job I was in need of special accommodations from the court so I would not lose my career. After several months of tough negotiations with the DA, Richard and Brian were able to finalize my case beyond my expectations. I would highly recommend this law firm to anyone who has run into some trouble anywhere they might get a DWI.Stephanie C. Denton County DWI