When you’re arrested, the first words you might hear are, “You have the right to remain silent…” — a statement that signals the beginning of your Miranda rights. These are known as your Miranda rights—a critical set of protections guaranteed by the U.S. Constitution. But many people don’t fully understand what those rights mean or how to properly invoke them when it matters most.
At the Law Offices of Bill J. Stovall, we believe in educating clients about their legal protections. Here’s what you need to know about using your Miranda rights effectively after an arrest in Texas.
What Are Miranda Rights?
Miranda rights stem from the 1966 U.S. Supreme Court case Miranda v. Arizona. The ruling requires law enforcement to inform you of your constitutional rights when you’re taken into custody and before they begin questioning.
Your Miranda rights include:
- The right to remain silent
- The right to an attorney
- The warning that your statements can be used against you as evidence during legal proceedings.
When Do Miranda Rights Apply?
Miranda rights come into play only when two specific conditions are met:
- You are in police custody
- You are being interrogated
If you’re stopped briefly (like in a traffic stop) and not formally arrested or questioned, the police may not be required to give a Miranda warning. But once you’re in custody and subject to interrogation, your rights must be read to you.
How to Properly Invoke Your Miranda Rights
Simply staying silent is not enough. If you want to invoke your Miranda rights, you must do so clearly and directly.
✅ Say something like:
- “I’m invoking my right to remain silent.”
- “I want to speak to a lawyer.”
Once you say this, stop talking. Continuing to speak voluntarily can weaken your legal position and be used against you in court.
Why Miranda Rights Matter
Miranda rights protect your Fifth Amendment right to avoid self-incrimination during police questioning. Anything you say after being taken into custody can be admissible in court—unless your rights weren’t properly read to you or you clearly invoked them and police continued questioning.
Failing to properly invoke your Miranda rights can:
- Lead to self-incrimination
- Strengthen the prosecution’s case
- Reduce your chances of getting charges dropped or dismissed
What Are the Consequences If Police Fail to Read Your Miranda Rights?
If you are questioned in custody without being read your Miranda rights, your defense attorney may file a motion to suppress any statements you made. This means those statements can’t be used as evidence in court, which could significantly impact the outcome of your case.
However, not all arrests require Miranda warnings. If police don’t question you, or if they collect evidence in other ways (e.g., a breath test or bodycam footage), the case may still proceed.
Common Mistakes to Avoid After an Arrest
- ❌ Talking to police “just to explain your side”
- ❌ Believing you can avoid arrest by explaining yourself
- ❌ Failing to explicitly request legal representation
- ❌ Thinking you’re off the hook just because Miranda wasn’t read
How an Attorney Can Help
At the Law Offices of Bill J. Stovall, we’ve defended countless clients who were arrested in Texas and didn’t fully understand their rights. A skilled criminal defense attorney can:
- Challenge illegally obtained evidence
- File motions to suppress incriminating statements
- Ensure your rights were respected throughout the process
- Create a customized defense strategy based on the specific facts and circumstances of your case.
Arrested? Don’t Speak—Call a Lawyer.
If you’ve been arrested, the best thing you can do is invoke your Miranda rights and remain silent. Refrain from responding to any questions until your lawyer is by your side. Your words can and will be used against you—but your silence, once asserted as a right, cannot.
📞 Contact the Law Offices of Bill J. Stovall right away for experienced legal guidance. Our goal is to safeguard your rights and work toward achieving the most favorable outcome for your situation.
