By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522
www.rosenthalwadas.com

“You have the right to remain silent. Anything you say can and will be used against you. You have the right to an attorney. If you cannot afford an attorney one will be appointed for you.”

Any police officer in the United States must inform a person of these rights before statements of an accused person held in custody may be used. Our Miranda rights are considered a prophylactic against intimidating and sometimes overzealous police interrogation of suspects who feel they are not free to get up and walk away. Texas takes these protections one step further.

Article 38.22 of the Code of Criminal Procedure provides that any statement of the accused made while in custody must be written or electronically recorded. The specific warnings required by 38.22 include the following:

1. He has the right to remain silent and not make any statement at all and that any statement he makes may be used against him at his trial;
2. Any statement he makes may be used as evidence against him in court;
3. He has the right to have a lawyer present to advise him prior to and during any questioning;
4. If he is unable to employ a lawyer, he has the right to have a lawyer appointed to advise him prior to and during any questioning; and
5. He has the right to terminate the interview at any time; and

These warnings and the waiver of these rights must be included by whatever means the statements were recorded.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.