Oral Statements Under Texas Law

Yesterday, we discussed the admission of a statement by the accused when the accused gives a written statement. According to the Texas Code of Criminal Procedure, the Miranda warnings must be on the face of the written statement.

Today, we address the oral statement component of article 38.22 of the Texas Code of Criminal Procedure. According to Texas law, an oral statement by the accused that is made as a product of custodial interrogation must meet several requirements in order to be admissible in Texas Courts. These requirements are:

(1) there must be an electronic recording, whether it is video recording or video tape, of the statement;

(2) before the statement is given, the accused must be given Texas' version of the Miranda warnings;

(3) the recording device was functional and capable of making an accurate recording;

(4) all of the voices are identified on the recording; and

(5) the attorney representing the accused is given a copy of the statement 20 days before the date of the proceeding.

if you have been charged with a sex crime, contact a Plano criminal defense attorney.