What Happens if They Didn't Read Me Miranda Warnings?

I'm often told by people that, "they didn't read me my Miranda warnings." Sometimes this is important and sometimes it is not.

Miranda refers to a 1960's U.S. Supreme Court case where a conviction was reversed because the police did not advise a Defendant of his rights prior to getting confessions for several offenses. I'll spare you the legal treatise on the topic but just understand it's a highly complicated area of law.

Miranda operates to exclude statements or confessions. Your right to remain silent and your right to a lawyer are generally triggered when you are in "custodial interrogation" and you are being questioned by the police or other governmental agency. Custodial interrogation is too complicated to go over in this brief article but I will say that a typical traffic stop will not qualify as custodial interrogation under the current law in Texas.

Texas has codified Miranda in Article 38.22 of the Texas Code of Criminal Procedure. That statute has additional protections above and beyond what Miranda required. An example of an additional protection is that to be used, an oral confession must be made in the presence of some sort of electronic recording device.

To know how significant a Miranda violation may be depends on the facts of the case. Take a DWI for example. Most of the State's case will be conduct, breath, and performance on field sobriety tests. These things are considered "non-testimonial." Even if the police violate Miranda and the person confesses to having consumed alcohol but doesn't believe they're drunk -- the Miranda violation will have little, if any, impact on the outcome.

Contrast a drug possession case. In those cases, sometimes the only evidence someone was in possession of contraband such as marijuana are statements or confessions after the drugs are found. If an officer violates Miranda before a confession is given, the violation may very well change the outcome of the case.

As a final note, I again cannot underscore enough that Miranda is a complicated issues. Each case is as unique as a snow-flake so you should ask a lawyer specifics.

Jeremy F. Rosenthal, Esq.

(972) 562-7549

*Jeremy F. Rosenthal is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice, you should consult an attorney.

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