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If I Was Not Read My Miranda Rights, Does That Mean My Case Will Automatically Be Dismissed?

Movies and television have made the reading of your Miranda rights mainstream. Most people can recite their rights from memory. Despite the widespread awareness of Miranda rights, the impact of rights contained in the reading of the Miranda warnings remain largely misunderstood. If you are suspected in the commission of a crime and are unaware how statements you make to the police can impact your defense in a subsequent prosecution, you are at serious risk of implicating yourself in a crime unnecessarily. That is why it is vital to consult with an experienced criminal defense attorney before talking to the police. It is also important to remember that anything you say to the police BEFORE you are arrested may be used against you without implication of the Miranda rights.

Seemingly harmless questions by the police during a traffic stop where you are suspected of DWI such as where you have been and how much you have had to drink could be used against you. Another misconception about Miranda is that if police fail to read these rights to you, your case will automatically be dismissed. At the Law Office of Jim Renforth, we are well versed in all of the rights afforded to you under the Constitution and know how to fight the system when these are denied to you.

Will I have the right to contact attorney?

If you are Mirandized or asked questions about the crime, you can contact an attorney. Often, you are not given the right to contact a lawyer until you get to jail. A lot of times, people who are arrested want to be able to consult with a lawyer before they agree or refuse to give breath tests. However, that is not a right that you are afforded under the law. Generally, you are not given the chance to contact a lawyer until you have been arraigned, unless you are taken in, given your Miranda warnings, and interrogated by the police.

When will I see a judge and be given a bail amount?

In Tarrant County, you are generally going to see a magistrate judge within a few hours of your arrest. If it is a holiday or a weekend, it can take longer but you will generally have a bond set within six hours of your arrest.

What are the different types of bonds available in Tarrant County?

You could be given a personal bond, if you’re a first-time offender, which does not require payment. You are basically telling the judge that you promise to appear in court. If you fail to show up, then a warrant will be issued and you will be required to post bond, once you’re rearrested. The other type of bond is a general surety bond, where a bond is set based on factors such as your criminal history and the charge. The bond can be made through an attorney, which is the most cost-effective way because you can pay a lawyer to do the bond and also retain the lawyer to represent you on the case. If you choose not to do that, you can go through a local bondsman, who will generally charge anywhere from three to 10 percent of the bond amount.

What happens if you fail to appear as required by the court?

Unless you can prove that you failed to appear due to a genuine emergency, a warrant will be issued. Then, you would have to post another bond or be held in jail without a bond. You would have to get a lawyer to approach the judge about getting another bond. The pandemic created by the COVID virus has made Zoom hearings more common thereby making court appearances easier to attend.

For more information on Miranda Rights In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 877-0401 today.

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