A CRIMINAL DEFENDANT'S RIGHTS

When you are arrested, you are taken into custody. This means that you are not free to leave. However, without being arrested you can be detained or held for questioning for a short time if a police officer or other person believes you may be involved in criminal activity. For example, an officer may detain you if you are carrying a large box near a burglary site. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested.

Before law enforcement officers question you, they must tell you that:

You have the right to remain silent.
Anything you say may be used against you.
You have a right to have a lawyer present while you are questioned.
If you cannot afford a lawyer, one will be appointed for you.

These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. Furthermore, this does not apply if you volunteer information without being questioned by the police.

You can be questioned, without a lawyer present, only if you voluntarily give up your rights and then only if you understand the rights you are giving up. If you agree to the questioning, then change your mind; questioning must stop as soon as you say that you want a lawyer. If the questioning continues after you request a lawyer and you continue to talk, your answers can be used against you if you testify to something different.

The privilege against self-incrimination (taking the 5th) generally does not apply to physical evidence, therefore you may be required to give certain physical evidence. For example, if you are suspected of driving under the influence of alcohol you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver's license will be suspended and the refusal will be used against you in court.

If you or a loved one are arrested or are suspected for committing a crime, particularly a serious one, you should contact the Law Offices of Dallas Criminal Attorney immediately. Most importantly, to prevent being misinterpreted, misunderstood, or simply inaccurately quoted you should not say anything to law enforcement personnel concerning the alleged crime. We will immediately act to protect you and your legal rights. We can also advise you and/or your family or friends on the state bail or federal pre-trial release process.