Knowing your rights during a criminal investigation can be the difference between walking free and spending years in jail…
Here’s the problem…
Most people have absolutely no idea what their rights actually are when being investigated by police. They think they know from watching TV and movies. But do they really know?
It’s even worse than you think.
Research from the American Bar Association shows that between 80 to 95 percent of suspects give up their Miranda rights before speaking to police. Making that one huge mistake can change the entire course of a criminal case.
In this article, you’ll learn:
- The Rights You Have During Criminal Investigations
- How Remaining Silent is More Important Than You Think
- How Texas Burglary and Theft Laws Apply
- Everything You Need to Know About Search and Seizure Laws
- The 3 Things That Can Destroy Your Case
The Rights You Have During Criminal Investigations
The United States Constitution grants you numerous rights when being investigated for a crime. These rights were not put there just to look nice on paper…
They were put there for a reason.
When the police start investigating crimes like burglary or theft in Texas, they must adhere to certain laws and procedures. Texas burglary and theft laws are severe. Punishments can range from misdemeanor charges to first-degree felonies, depending on the crime. Contacting an experienced burglary and robbery defense lawyer as soon as possible during an investigation can mean the difference between being charged and having the case thrown out.
Some of your basic rights when being investigated include:
- Right to remain silent – You do not have to say anything to police or investigators
- Anything you say can and will be used against you in court
- Right to an attorney – You have the right to speak to a lawyer
- If you cannot afford one, one will be appointed to you
- Protection against unreasonable search and seizure – The police need a warrant to search your property in most cases
- Right to know the charges – Police must tell you why you are being arrested
These rights hold no matter what crime you are accused of. Whether it be a minor misdemeanor or felony, the Constitution applies to everyone.
How Remaining Silent is More Important Than You Think
Here’s a fun fact most people don’t know…
It doesn’t benefit you to talk to the police. Oh, they will try to get you to talk. And some people just naturally pour their guts out. But that doesn’t mean you should do it.
Studies show that only about 3 percent of Americans fully understand their rights after they have been read. Low, right?
When police start asking questions, it’s hard to simply say nothing in return. But that is exactly what you should do. Here’s why…
Your right to remain silent:
- Protects you from saying something you will later regret
- Allows you time to contact and speak with an attorney
- Prevents you from inadvertently waiving your rights
- Stops police from using tricks to get you to talk
Police can not use your silence as an indication of guilt in court. However, they will use anything you say against you.
How Texas Burglary and Theft Laws Apply
Texas has very serious consequences for burglary and theft. Like I said earlier, really serious.
But did you know burglary doesn’t just involve homes in Texas? It also involves businesses, cars, trailers, etc.
Texas Penal Code defines burglary as “entering a building or habitation of another” with the intent to commit theft, assault, or any other felony.
Depending on what type of building you “entered,” you will be facing different charges.
Texas burglary charges include:
- State jail felony – Burglary of a building
- Second-degree felony – Burglary of a habitation
- First-degree felony – Burglary of a habitation with intent to commit a felony other than theft
Texas theft charges can range from a Class C misdemeanor to a first-degree felony as well. Theft charges are determined by the value of the property you are accused of stealing.
- <$100.00 – Class C misdemeanor
- $100.00-$499.00 – Class B misdemeanor
- $500.00-$999.99 – Class A misdemeanor
- $1000.00-$2999.00 – State jail felony
- $3000.00-$3999.99 – Second-degree felony
- $300000.00 – First-degree felony
Knowing the differences can help you later if you find yourself being investigated. Certain rights may apply based on the allegations against you. Your attorney will be able to advise you of your rights after knowing all the facts.
Everything You Need to Know About Search and Seizure Laws
The Fourth Amendment to the U.S. Constitution protects you from unlawful searches and seizures. But how does that help you if the police are searching your home?
Learn when you should and shouldn’t refuse a search!
Police typically need a warrant to search your home. Although there are times when they do not need one.
Police do not need a search warrant when:
- You permit them to search
- The evidence is in plain view
- They are searching for you after an arrest
- Exigent circumstances exist (they believe evidence may be destroyed)
- They are searching a vehicle and have probable cause
You have the right to refuse a search of your property if the police do not have a warrant. Remember, just because they ask nicely does not mean you have to let them.
If police search your property without permission or a warrant, everything they find may be inadmissible in court. This is known as the exclusionary rule and is in place to prevent police from violating your rights.
The 3 Things That Can Destroy Your Case
Time and time again, people make the same mistakes when being investigated for a crime. Sure, people get lucky, and the police go away, never to return. But more times than not, these “mistakes” can ruin your chances of beating a case.
Here are the top 3 things you should never do when being investigated:
- Talking to the police without an attorney present. Remember above when I said anything you say can and will be used against you? Think of casual conversations with the investigator, too. You do not have to speak to the police at all if you do not want to.
- Allowing police to search your property when they do not have a warrant. Police may ask nicely or imply that things will go better if you allow them to search. Do not fall for it.
- Posting on Social Media. EVER. Police have access to your Facebook and Instagram accounts. So does the prosecutor’s office. Post something you shouldn’t, and it could come back to haunt you in court.
Really, the list could go on and on. Just use common sense and know your rights.
In Conclusion
Don’t let your rights be trampled during a criminal investigation. Knowing and using your rights is not an admission of guilt!
Remember…
Stay silent and request an attorney. Do not consent to any searches. Anything you say or do can and will be used against you. And know that the earlier you contact a lawyer, the more options you will have.
You have these rights whether you are guilty or innocent. Exercising them is not guilty. It’s smart.
