he has the right to have a lawyer present to advise him prior to and during questioning.any statement he makes may be used as evidence against him in court.the right to remain silent and not make any statement at all and that any statement made can be used against him at trial.The State of Texas can use these statements against an accused only if the State can show that the person received a warning containing the following information: “Custodial Interrogation” generally means a person is under arrest and the police are asking the person questions to further the investigation of the crime for which the person is arrested. “Miranda” only applies to statements made as a result of custodial interrogation. When can a statement be used in a criminal case? If you are accused of a crime or suspect that you are under investigation for a crime, it is important that you ensure your rights have not been violated by discussing your case with a skilled Fort Worth criminal defense lawyer. If this “rule” is violated, the government cannot use any statements against the accused. The state of Texas has codified this rule in Articles 38.21 and 38.22 of the Texas Code of Criminal Procedure. It is necessary that the person be warned of the right to counsel as well as the right to remain silent. Arizona is a landmark Supreme Court case from 1966 that requires a formal warning, such as the one above, be given to anyone prior to a custodial interrogation. You have the right to speak to an attorney and to have an attorney present during any questioning.” These are words everyone has heard hundreds of times on TV and in the movies, but what do they mean in real life if you are accused of a crime? Anything you say can and will be used against you. Miranda Rights in Texas Do police have to read you your rights?
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