Texas And Custodial Interrogation?

Texas And Custodial Interrogation?

Texas, in recognition of the importance of the privilege against self-incrimination, has codified two important regulations. In Article I, Section 10 of the Texas Constitiution (Rights of accused in criminal prosecutions), the Constitution staets that an accused "shall not be compelled to give evidence against himself." The related doctrine of Miranda warnings was codified in the Texas Code of Criminal Procedure article 38.22.

Article 38.22 is concerned with two kinds of statements given by the accused -- written or oral statements. In order for a written statement to be admitted as evidence against the accused, then these warnings must be on the face of the statement (note: it is a condition precedent that the warnings be given before he makes the statement):

(1) the accused has the right to remain silent and not make any statement. If he does make a statement, then the statement can be used against him;

(2) any statement given him can be used as evidence against him in court;

(3) the accused has a right to have a lawyer present to advise him PRIOR to and DURING any questioning;

(4) if the accused cannot hire a lawyer, a lawyer can be appointed to him prior to and during any questioning; and

(5) the interview can be terminated at any time.

These warnings must be on the face of the document at the time the statement is given. If you have been charged with a violent crime or theft crime, contact a Plano criminal defense lawyer today.