• Skip to primary navigation
  • Skip to main content
  • Skip to footer
LeGrande Law

LeGrande Law

Locked Up? Call LeGrande Law!

  • Houston Criminal Lawyer – About
  • Blog
  • Practice Areas
    • Drug Crimes
      • Marijuana / THC Possession
      • Controlled Substances
    • Weapon Crimes
      • Unlawful Carrying of a Weapon
      • Theft of Firearm
      • Possession of Firearm by Felon
    • Driving While Intoxicated (DWI)
    • Assault Crimes
      • Aggravated Assault
      • Family Violence
    • Evading Arrest
    • Racing on a highway
    • Parole & Probation Violations
    • Burglary
      • Burglary of Habitation
      • Burglary of Building
      • Burglary of Vehicles
    • Theft Crimes
      • Theft of Firearm
    • White Collar Crimes
      • Fraud
      • Money Laundering
      • Fraudulent Use of Identifying Information
      • Texas Money Services Act
      • Embezzlement
      • Forgery
    • Juvenile Law
    • Expunction & Nondisclosure
    • Asset Forfeiture
  • Defenses
    • Illegal Search and Seizure
    • Affirmative Links
    • Self Defense
    • Defense of Property
  • Legal Guides
  • Contact Us

Locked Up?
Call LeGrande Law!

(281) 684-3500
Criminal Justice THEY DIDN’T RE ...
1

THEY DIDN’T READ ME MY RIGHTS!…BUT…DOES IT MATTER?

January 8, 2019

There is a common misconception about your rights, relating to a person’s “Miranda” rights, and the effect of an officer not reading you Miranda warnings when you are arrested.  Movies and television would have you believe that it is some kind of magic bullet – if they did not read you Miranda warnings, you were going to walk on whatever charges you are facing. Miranda v. Arizona, 484 U.S. 436 (1966).

Not so fast.  “Miranda” has a limited application.  There are two requirements for Miranda to apply:

(1) Custody, and (2) Interrogation.

Essentially, the Miranda court case held that if you are under arrest, you must first be given certain warnings about your constitutional rights, your right against self incrimination (the 5th amendment), and your right to consult with an attorney (6th amendment).

However, for Miranda to apply, it is essential that you are actually IN CUSTODY.  By that I mean, you are under arrest.

How do you know when you are under arrest?

The Texas Code of Criminal Procedure defines the point someone is under arrest as: “when he has been actually placed under restraint or taken into custody by an officer…”Texas Code of Criminal Procedure Section 15.22.  In interpreting when an arrest takes place, the 5th Circuit has weighed in with an objective standard: “if a reasonable person in the suspect’s position would have understood the situation to constitute a restraint on freedom of movement of the degree which the law associates with a formal arrest.  United States v. Corral-Franco, 848 F.2d 536, 540 (5th Cir. 1988).

What If You are Under Arrest, Not Given Miranda Warnings, and Then Questioned?

If you are not notified of, and affirmatively waive the following prior to any custodial interrogation, any statements made in violation of Miranda may be inadmissible against you in a criminal prosecution:

  • The right to remain silent
  • Any statements you make can and will be used against you in court
  • You have a right to consult with an attorney prior to answering any questions
  • If you cannot afford an attorney, one will be appointed to represent you free of charge

If you are under arrest and the police want to question you DO NOT ANSWER ANY QUESTIONS WITHOUT CONSULTING WITH AN ATTORNEY FIRST.


If you are accused of ANY CRIME, you need an attorney with a track record of successfully defending criminal cases.

 Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

Related

Categories
  • Criminal Justice
Tags
  • 5th amendment,
  • 6th amendment,
  • criminal defense,
  • miranda v. arizona,
  • Tristan LeGrande

Filed Under: Criminal Justice Tagged With: 5th amendment, 6th amendment, criminal defense, miranda v. arizona, Tristan LeGrande

Criminal Justice THEY DIDN’T RE ...

Call top rated Houston criminal defense lawyer Tristan LeGrande directly if you need legal consultation or advice.

(281) 684-3500

or

Contact Us

CONTACT LEGRANDE LAW


0 / 180

Footer

Contact

Address

712 Main Street, Suite 1840
Houston, TX 77002 USA

Telephone

281-684-3500

Fax

713-575-9694

Español

281-236-2326

Navigation

  • Houston Criminal Lawyer – About
  • Blog
  • Defenses
  • Practice Areas
  • Legal Guides | Q & A
  • Contact Us
  • Facebook
  • Instagram
  • YouTube

Other Links

  • Asset Forfeiture
  • Driving While Intoxicated (DWI)
  • Drug Crimes
  • Evading Arrest
  • Burglary
  • Theft Crimes
  • Weapon Crimes
  • White Collar Crimes

© 2025 LeGrande Law, All Rights Reserved.

Powered by [D]

Off Canvas: Main Mobile Nav

Navigation

  • Home
  • Houston Criminal Lawyer – About
  • Practice Areas
    • Assault Crimes
      • Aggravated Assault
    • Asset Forfeiture
    • Driving While Intoxicated (DWI)
    • Drug Crimes
      • Controlled Substances
      • Marijuana / THC Possession
    • Evading Arrest
    • Expunction & Nondisclosure
    • Family Violence
    • Juvenile Law
    • Parole & Probation Violations
    • Racing on a highway
    • Burglary
      • Burglary of Habitation
      • Burglary of Building
      • Burglary of Vehicles
    • Theft Crimes
      • Theft of Firearm
    • Weapon Crimes
      • Unlawful Carrying of a Weapon
      • Possession of Firearm by Felon
      • Theft of Firearm
    • White Collar Crimes
      • Embezzlement
      • Forgery
      • Fraud
      • Fraudulent Use of Identifying Information
      • Money Laundering
      • Texas Money Services Act
  • Defenses
    • Affirmative Links
    • Defense of Property
    • Illegal Search and Seizure
    • Self Defense
  • Legal Guides
  • Blog
  • Contact Us