Waco Criminal Defense Law FAQ

Q:  I was not read my Miranda rights when I was arrested.  Does that mean they will have to drop the charges against me?

A:  No.  In fact in most cases it will not have any affect on your case.  Miranda rights come into play only when a person is in custody & being interrogated by the police.  Then even if you are not read your Miranda rights, the only consequence is that the police cannot use anything you say as evidence against you.  So, if you are in custody, being interrogated by the police, with no Miranda rights read to you, and you give a confession, then that confession cannot be used against you in court.  The only other possible affect is if you say anything during that interrogation that lead the police to other evidence against you, then it is possible that such evidence may not be used against you in court.  However, this is not absolute because there are various exceptions that may still allow the evidence to be used against you in court.

The bottom line is that if you were not read your Miranda rights, but you did not confess or say anything that directly led the police to other evidence against you, then it does not matter whether your Miranda rights were read to you or not.

Q:  What happens after I am arrested in Waco, Texas or McLennan County?

A: After you are arrested, you will be booked into McLennan County jail.  This is where you are fingerprinted, photographed and asked basic information about yourself.  You will be searched before and any personal belonings that are on you will be documented and filed away until you are released from custody.  You will then be placed in a holding cell until you see a magistrate.  Shortly after you are booked into the jail, you will be taken in front of a magistrate.  This usually occurs within a few hours after your arrest, but it can be longer depending on the day and time of your arrest.  If you are bonded out, then you will be released.  If you have not bonded out shortly after your arrest (often within approximately 24 hours), then you will be placed somewhere in the general population.  How long you spend in a holding cell until being moved to the general population varies depending on the jail, the time of day, how many people are currently in custody, etc.  You will remain in general population until either your court date or you are bonded out.    

Contact McDermed Law Firm Today Online or at 254-652-3401.

Address:3201 Franklin Avenue, Suite 3 Waco, Texas 76710 Phone:254-652-3401 Fax:254-776-6607