The reading of Miranda rights is a well-known component of being arrested that many Texas residents do not fully understand. The practice has been sensationalized in many instances by television shows that depict police arresting criminals. The requirement to inform suspects of the right to remain silent as they are being arrested is not actually set in statute, but rather stems from the Miranda v Arizona criminal case in which a defendant was questioned continually and did know they had the 5th Amendment right to remain silent during an interrogation in order to avoid self-incrimination.
The truth about Miranda rights is that Texas police officers are also trained in side-stepping the request by stating the suspect “implied” they were waving those rights. This tactic used by police officers has made it very important for all suspects to emphatically state they do not want to answer any questions under any circumstances. The problem is that responses following claiming the right to silence could be considered implied consent after the fact, and it is often part of the argument when evidence is being evaluated for admissibility. Any information gleaned by officers after invoking Miranda rights must be stricken from the record and not used in determining guilt in any criminal case.
The issuance of Miranda rights is actually a very central component of any criminal defense, and many times it can be revealed in court that a defendant was continually questioned even after they had requested an attorney be present. Being silent often requires maintaining silence under any and all circumstances without legal counsel present.
This is a crucial reason why it is important to have an aggressive Texas criminal defense attorney representing any case where Miranda rights violations could be a basic component of the application of charges. All evidence obtained following a Miranda violation must be disregarded by a jury when final deliberations are being conducted following a trial, and many criminal defense lawyers will not focus on a Miranda violation.