There is a common misconception about Miranda rights. Miranda rights attach when you are under interrogation and not necessarily when you are arrested. That’s why it’s important when you’re talking to a cop to ask him whether you are free to leave. Because if you’re free to leave, there’s no rights under Miranda. (Anything comes out that can be used in court.)
But once you’re under interrogation, once you’re detained and under interrogation,
Reading The Miranda Rights
Miranda Rights which is also commonly known as Miranda Rule or Miranda Warning is part of a procedure requiring law enforcement officials to administer to an individual that is in custody and is subjected to questioning. Many individuals falsely believe that if they were not properly informed of their Miranda Rights, they will be able to escape punishment. This is simply not true. What is true is that the prosecuting attorney will not be able to use anything that the suspect said against the suspect in court.
Lay off the moon rocks people. SpaceX recently announced plans to construct a launch pad near Boca Chica Beach. This decision has brought national attention to Brownsville, TX. However, no one seems to be worried about what it means to us avid beach-goers. In light of all the excitement, it appears that five pressing legal questions remain omitted from public discussion—lets launch in.
1. Is Boca Chica Beach a public beach as defined by Texas Law?…Read More
One thing that I think is extremely important down here in Brownsville and any border city really is a whole lot of criminal defendants who aren’t here legally. They’re undocumented. And it becomes a race to get a bond sometimes before the ICE immigration people get to the jail. But if they get there, you get a federal hold on you.
So any state bond is trumped by the federal hold. So you have a lot undocumented immigrants here doing hard work–
If you’re arrested after an illegal search– now, that’s hard to declare. It just– as an illegal search, you usually need to be arrested. And a lawyer needs to evaluate whether there was enough evidence to support probable cause. But it happens. If you’re arrested, and let’s say something is seized as a result of your arrest,– let’s say, a bag of marijuana, contraband. –that piece of evidence is the most important thing in the prosecutor’s case.
My process is quite simple. I’ll ask you to come down to my office immediately. There are real consequences for not showing up to these hearings. If it’s a criminal case, an arrest warrant, a bench warrant will be sent out. And it could be a month or two down the road, you get stopped for a traffic ticket, and all of a sudden you’re spending time in jail and you need a bond.