What Is Custodial Interrogation, Continued?

Custodial Interrogation in Miranda means that a person must be given certain warnings before interrogation commences. If there is a custodial interrogation, then a person must be given a warning that they have the right to remain silent, right to have a lawyer present, and the statement could be used against you.

If you will recall, we are addressing the issue of interrogation--what actions or words by the police place a compelling response on the defendant to give an incriminating response. An incriminating response can be inculpatory and exculpatory--a response that the prosecutor seeks to introduce a trial.

However, there are some instances where police questioning does not constitute "interrogation" for purpose of Miranda. For example, simple questions regardning booking or administrative procedures are not covered by Miranda. Police request that DWI suspects perform Standard Field Sobriety Tests, directions on how to do the tests, and questions about whether a suspect understands their rights is not covered by Miranda.

If you have been charged with a theft crime, contact a Plano criminal defense lawyer today.