In Texas, when someone is arrested, he or she has specific rights, for
example, once an arrest takes place, the arresting law enforcement agency
must take the personal arrested to see a magistrate within 48 hours.
Once the arrested person is brought before the magistrate, the magistrate
has to inform the arrested person of the following, and they must use
clear language in the process:
- Inform the arrested person of what they are being accused of,
- Inform the accused of their right to remain silent,
- Inform the accused of their right to have a criminal defense attorney present
during questioning with police officers or prosecutors,
- Give the accused enough time and opportunity to consult with a defense
attorney and be admitted to bail if it’s allowable under the law,
- Inform the arrested of their right to an examining trial, and
- Inform the arrested of their right not to make any self-incriminating statements.
‘Tickets’ for Class C Misdemeanors
Class C misdemeanors can be treated differently than more serious crimes.
If a police officer is charging a suspect with a Class C misdemeanor (not
public intoxication), instead of taking the suspect before a magistrate,
the officer can issue the person a ticket (citation).
Through the ticket, the suspect is given written notice, telling him or
her when and where to appear before a local magistrate. The ticket will
also say which offense the accused is being charged with.
Innocent Until Proven Guilty Beyond a Reasonable Doubt
There is one right that is inalienable in all criminal prosecutions in
the United States: the accused is presumed innocent until proven guilty
beyond a reasonable doubt.
Beyond that, the accused maintains the right against self-incrimination,
they have a right to a speedy trial by an impartial jury, and they have
a right to cross-examine witnesses among other things.
In light of the above information, a defendant does have the right to waive
certain rights afforded to them by law if they so choose. However, when
it comes to a prosecution for a capital felony where the state is seeking
the death penalty, the defendant is not entitled to waive his or her right
to a trial by jury.
Seeking a Plano criminal defense attorney to fight your criminal charges?
Contact The Zendeh Del Law Firm, PLLC for the aggressive representation you deserve!