Miranda Rights – The Right To Remain Silent After A Criminal Accusation

by | Dec 9, 2022 | Criminal Defense

Midlothian, United States – /McCarty-Larson, PLLC/

Different people with varied cultural backgrounds, political inclinations, and beliefs share some values and rights across the US. Freedom is a value held dear by all. To ensure all citizens enjoy liberty granted by the state, the Constitution is implemented in all states. 


The rights include the rights of persons accused of a crime. It is essential that a person accused of a crime is aware of their rights and that law enforcement agencies do not violate these rights. Criminal defense lawyers ensure that their client’s rights are respected and make them aware of these rights. McCarty-Larson, PLLC is a family and criminal law firm in Midlothian, TX. They offer exceptional personal legal service, compassionately understand the client, and are committed to getting the best outcome in legal cases.

McCarty-Larson, PLLC helps clients understand their rights to remain silent and how they work when interacting with law enforcement in Texas.

What Are Miranda Rights or The Right To Remain Silent?

Everyone who watches TV and movies has heard the dialogue, “You have the right to remain silent. Anything you say can and may be used in a court against you in a court of law.” Understanding what the right to remain silent means in real life is beneficial. According to the 5th Amendment of the US Constitution, all citizens have the right to remain silent when interacting with law enforcement. In 1966, the US Supreme Court ruled that a person’s statements, made without informing them of their right to remain silent and engage a legal counsel, cannot be used as incriminating evidence by prosecutors.

Across the US, including in Texas, when taking suspects into custody for interrogation, police officers must read them an official Miranda warning.

The Miranda Rights include the following:

  • The right to remain silent
  • Answers given at this time can be used against them in court
  • The presence of a criminal defense lawyer is a right of the suspect during interrogation
  • A public defender will be assigned to cases when the accused has no lawyer and cannot afford one

Miranda Rights are present from interrogation in custody until a conviction. Legal enforcement officers have the duty to read these rights.

The right to remain silent during police interrogations

Miranda Rights come into effect only after a suspect is arrested and taken into custody by the police. Without an arrest, police officers are not bound to read the rights to a suspect. Yet it is crucial to be aware that anything the suspect says can be used against them. Also, the person must affirmatively invoke the right to remain silent. It is advisable to request a criminal defense lawyer as per Miranda Rights.

Silence During Trial

According to the Fifth Amendment, no defendant in a criminal case is to be compelled to be a witness against themselves in court. Defendants have the right to decide if they want to testify during the trial, and the court does not allow prosecutors to comment on this decision.


McCarty-Larson, PLLC, would advise staying informed during any interaction with Texas police. The person can ask the police officer why they are being questioned if they do not understand why. If law enforcement officers fail to mention Miranda rights even when a person is arrested, a criminal defense lawyer can ensure the statements given are not considered against the defendant. This can make proving guilt less easy. However, according to a Supreme Court ruling in June 2022, law enforcement cannot be sued for violation of American civil rights for failure to inform people of their Miranda Rights, even when that leads to suspects incriminating themselves.

It is common for police to use several tactics, like delaying arrest, claiming they have evidence against the suspect, etc. It is vital that suspects ask to speak to their lawyers or get a criminal defense lawyer. A criminal defense lawyer will offer advice on what to say and what not to say.

Anyone needing a criminal defense attorney in Midlothian, TX, can reach out to McCarty-Larson, PLLC. With experience in handling all types of criminal defense matters, their legal team is up to handling the most complex cases. They represent clients across Ellis County, Tarrant, Dallas, and Johnson County. No matter what the case is, these criminal lawyers inform clients of their legal rights and options and help them regain control of their lives. Contact McCarty-Larson, PLLC, by calling (972) 775-2100.