After reading Alford v. State, ___ S.W.3d ___ (Tex.Crim.App. 2012) (see previous post), I decided to update my “Rules to Live By” first published in my March 12, 2011, post. I have added Rule Number 4. My updated Rules to Live By are as follows: Rule Number 1: Do not talk to the police. Rule [...]
In Miranda v. Arizona, the United States Supreme Court held that “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.” Miranda v. Arizona, 384 U.S. 436, 444 (1966). The Supreme Court later [...]
Texas law now allows your silence to be used against you whether you testify at your trial or not – another excellent reason to never voluntarily talk to law enforcement officers. In Salinas v. State, No. 14-09-00395-CR, 2011 WL 903984 (Tex.App.-Houston [14 Dist.] Mar 17, 2011) the Court held that the Fifth Amendment to the [...]
In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that whenever a person is taken into police custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. As a result of Miranda, anyone in police custody must be [...]
Rule Number 1: Do not talk to the police. Rule Number 2: Always follow Rule Number 1. Don’t think the police are your friends. When you talk to them – you are only hurting yourself. Even innocent conversations can come back to bite you. Take my advice, never cooperate with the police. Rule Number 3: [...]