Failure To Issue Miranda Rights

An arrest is often a frightening and overwhelming experience for the person facing arrest. Individuals will often make sudden outbursts, attempt to negotiate their release, or discuss the facts of the case during or after an arrest. Any of these exclamations can be used against an individual during a criminal proceeding.

Any statement an individual says during or after an arrest can be used against them in a court of law. To protect the arrested person, the law requires law enforcement officers to read Miranda Warnings or Miranda Rights during an arrest. Miranda Rights inform an individual of the following rights:

  • Right to remain silent
  • Right to an attorney
  • If the individual cannot afford an attorney, he or she has the right to have an attorney appointed

Failure of the law enforcement officer to read Miranda Rights (commonly referred to as Mirandize) the arrested person can have serious implication and affect the prosecution’s case against him. If you have reason to believe law enforcement failed to read your Miranda Rights during an arrest or before interrogation, it is imperative to contact an experience criminal defense attorney.

Failure to Issue Miranda Rights Attorney in Dallas

If you find you have been arrested or are being interrogated by the police you do have rights. Whether you have committed a crime or have been accused of committing one, you still have the right to remain silent. When you are being questioned by police, you are not required to answer any of their questions without an attorney being present.

It is important to always remember that if you are accused of a crime or arrested, you should stick to your Miranda rights and not try to negotiate or speak with the police. An experienced attorney should be by your side for legal counsel. Innocent or guilty, you have the right to remain silent if an attorney is not present. If you have been arrested and the police failed to read you your Miranda rights, contact Law Offices of Richard C. McConathy at (972) 233-5700 for a free consultation.


Failure to Issue Miranda Rights Information Center


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What are Miranda Rights?

Miranda Rights or the Miranda Warning was established in the case Miranda v. Arizona. The defendant in Miranda was questioned by law enforcement without legal counsel present. The United States Supreme Court concluded that when a person is taken into police custody, they may be told of their Fifth Amendment rights before being questioned, as to avoid making any self-incriminating statements.

Before being questioned in police custody the individual must be made aware of the following:

  • You have the right to remain silent.
  • Anything you say can and will be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be appointed for you.

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Do Police Have to Read Your Miranda Rights?

When you are first approached by an officer, they are not legally required to read you your Miranda rights while speaking with you. At this time, anything you say to an officer can be used against you. However, you are not required to speak to them if you do not wish.

When the police have arrested you or otherwise placed you in custody, then at this time they are required to read you your Miranda Rights. This is because in order for them to question you, by law they must make sure you are aware of the fact that you can have an attorney there to speak on your be3half. If the police fail to issue your Miranda warning then any evidence discovered as a result of that confession may be thrown out of the case.


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DWI Failure to issue Miranda Rights

If you have been accused of drinking and driving and are being arrested for a DWI, the police must issue your Miranda rights before questioning your further. You will have the right to remain silent, as well as the right to an attorney.

It is highly recommend that you consult an attorney and if you cannot afford one, one will be appointed to you. By having an attorney on your side you lower your chances of being charged or sent to jail.


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Dallas Miranda Rights Lawyer – Law Offices of Richard C. McConathy

If you have been arrested and were not read your Miranda rights during questioning, then you should contact an experienced criminal defense attorney immediately. It is possible that the information and evidence acquired from your unlawful questioning can be tossed out of the case.

Richard C. McConathy is a skilled criminal defense attorney in Dallas Fort Worth with extensive experience in all aspects of criminal law, including domestic violence charges, firearm charges, DWI, and drug offenses.Contact Law Offices of Richard C. McConathy at (972) 233-5700 or submit an online form to schedule a confidential consultation.

Law Offices of Richard C. McConathy  proudly represents individuals throughout Texas, including  Dallas, Fort Worth, Denton, Arlington, Mesquite, McKinney, Garland, Richardson, Frisco, University Park, and surrounding areas. 


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Client Testimonials

  • 5 stars
    I would like to thank the Law Office of Richard C. McConathy for your awesome and courtious attention to professionalism. I am amazed at Richard and Brian''s ability to get a fast resolution and am grateful to them for the time put into this matter. I could feel the genuine concern and dedication that the attorney''s put on my case.
    - Andrea L.
  • 5 stars
    I hired The Law Office of Richard C. McConathy after I got arrested for DWI. In my life of work, I absolutely could not have a conviction on my record. At trial, I was found Not Guilty. Brian and Richard are the best lawyers in Dallas!
    - David C.
  • 5 stars
    I was able to keep my driver''s license and keep a clean a record as both the ALR and DWI case were both dismissed! I was pleased with their professionalism and ability to work with me to achieve the best possible outcome, dismissals all around.
    - James M.
  • 5 stars
    I was pulled over on the North Dallas Tollway for going 90 mph. The cop said that I was all over the road, and failed all the field tests and was obviously intoxicated. I pretty much lost all hope that I would walk away from this. That was until I found Richard McConathy. Richard and his firm fought the DA and eventually got my case dismissed. I couldn''t give a bigger recommendation for these guys. If you''re in trouble don''t hesitate, it is worth it.
    - Greg B.
  • 5 stars
    The law offices of Richard C. McConathy represented me with the utmost professionalism and they secured a victory for my probation revocation case. My case was nine years old and I was told by other firms that it would be very difficult to get the judge to revoke. This firm took my case on, and not only won the judgment, but also got the original probation case conditions dismissed. I highly recommend this law firm to any person in need if legal representation. They are very considerate and extremely knowledgeable.
    - Brant G.
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