Police encounters & interrogations can be trying experiences. If you’re in this situation, you already know it’s a serious matter. When police are piling on questions emotions can run wild creating an intense pressure to speak. If you know your rights during such an encounter, it can help protect you from certain aspects of prosecution. That’s assuming you stuck to your guns and didn’t help the state build its case against you.
If you have criminal charges in Brazoria County, talk with criminal defense attorneys Tad Nelson & Amber Spurlock today. We’re here to help. Schedule your free consultation today by calling our law firm 24/7 at 979-267-6081.
At Tad Nelson & Associates, we’re always ready to represent you during any police interviews. Furthermore, we strongly advocate having a full awareness of your rights.
Let’s review your rights.
The Right to Remain Silent
One of the most fundamental rights you have is the right to remain silent. This is a Constitutional right that protects you from self-incrimination. You aren’t obliged to answer any questions that might incriminate you. Exercising this right can prevent you from unintentionally admitting guilt. Keeping quiet can also keep you from providing information that’ll be used against you.
Be nice, but clearly assert your right to remain silent. Simply staying mute may not be enough. You should state, “I am invoking my right to remain silent,” to make it unequivocal that you’re exercising your Constitutional right.
The Right to an Attorney
The Sixth Amendment guarantees your right to legal representation. During any type of police interrogation, you can request an attorney at any time. If you care about beating your case, you must always exercise this right. If we’re there with you, we’ll protect you from the coercive or misleading tactics often initiated by law enforcement.
At Tad Nelson & Associates, we know for a fact that legal representation during an interrogation makes a significant difference in the outcome of criminal cases.
Don’t wait until you’ve already spoken to the police. Take full advantage of your right to an attorney immediately.
The Miranda Warning
The landmark case Miranda v. Arizona (1966) established that law enforcement must inform you of your rights before any custodial interrogation begins. This is known as the Miranda Warning. It includes the right to remain silent and the right to an attorney. If you aren’t given a Miranda Warning, any statements you make may be inadmissible in court.
The Miranda Warning is only required when you are in custody. If you’re not formally arrested or detained, police officers aren’t required to Mirandize you.
Coercion
Article 38.21 of the Texas Code of Criminal Procedure stipulates that for a confession to be admissible in court, it must be voluntary. Any confession obtained through coercion, threats, or promises of leniency can be challenged in court.
Coercion can take many forms including physical intimidation & psychological manipulation. Police officers might employ tactics designed to break your resistance. The tactics include lengthy interrogations, isolation, or presenting false evidence.
Juvenile Interrogations
The law is more protective of juvenile criminal defendants. Texas Family Code Section 51.095 states that any statement made by a juvenile during an interrogation is subject to strict scrutiny. The presence of a parent, guardian, or attorney is generally required. Law enforcement must take extra care to ensure that the juvenile understands their rights.
If you’re a parent, you must assert these rights on behalf of your child. The best way to protect a juvenile’s rights is to hire a criminal defense attorney. If you need legal representation for a juvenile who has criminal charges in Brazoria County, we can help. Give us a call at 979-267-6081.
Recording of Interrogations
In Texas, no mandate requires police to record interrogations. However, many police agencies have adopted this practice. If the interrogation is recorded, it can protect the police from allegations of misconduct in addition to the benefits provided to the suspect.
If you’re ever interviewed by police, you can request that the session be recorded. While the police aren’t obligated to comply, such a request implies that you’re aware of your rights and prepared to assert them.
With that said, you shouldn’t be talking with law enforcement in such a setting without a criminal defense lawyer present anyway.
False Confessions
False confessions are a real phenomenon. A significant percentage of wrongful convictions are based on false confessions. Stress, exhaustion, fear, and aggressive interrogation tactics can lead individuals to confess to crimes they didn’t commit.
Know your rights! You’re protected from snitching on yourself.
Having a criminal defense lawyer present will prevent these tragedies. If you’re in such a situation, we’ll help you through the process. Call us. Tell us about your case.
Brazoria County Criminal Defense Lawyers
The Law Offices of Tad Nelson & Associates
At Tad Nelson & Associates, we are committed to protecting your rights during every stage of the criminal justice process. Tad Nelson and Amber Spurlock bring a wealth of knowledge and experience to bear for each person who needs our help.
It’s our job to make sure that your rights are upheld.
It’s our job to make sure that you receive the best possible defense.
If you or a loved one are facing criminal charges, contact us. Our team is here to provide the legal representation you will certainly need. You can reach us at 979-267-6081 or through the contact form on our website.
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