Know Your Miranda Rights in Texas (And Learn What Not to Say)

We’ve all heard it on TV: “You have the right to remain silent…” But when you’re sitting across from a police officer, that line hits a lot harder than it does in a crime drama. Any criminal defense attorney in Texas will tell you—those words are more than just a script. They’re your shield.

At Mary Beth Harrell Criminal Defense and DWI Lawyers, we believe in the presumption of innocence. That means no matter what someone’s accused of, they deserve respect, dignity, and, above all, due process. Knowing your Miranda rights is one of the most powerful ways to protect yourself if you ever find yourself under investigation or arrest in Texas.

Where do Miranda rights come from?

Miranda rights stem from the landmark U.S. Supreme Court case Miranda v. Arizona (1966), where the Court ruled that suspects in custody must be informed of their Fifth Amendment right against self-incrimination and their Sixth Amendment right to legal counsel before police interrogation. Ernesto Miranda’s confession was thrown out because he wasn’t informed of those rights before being questioned.

So, no—Miranda rights aren’t just something made for TV. They’re part of the Constitution in action.

What are your Miranda rights in Texas?

If you’re in custody and being interrogated in Texas, police must inform you of the following:

1. You have the right to remain silent.
2. Anything you say can and will be used against you in court.
3. You have the right to an attorney.
4. If you cannot afford one, an attorney will be appointed to you.

These aren’t just formalities. If police fail to read you these rights before a custodial interrogation, your statements might be inadmissible in court.

When do Miranda rights actually apply in Texas?

This part can be confusing, and it’s where a lot of folks get tripped up. In Texas, Miranda warnings are only required when both of the following are true:

• You are in custody (you’re not free to leave), and
• You are being interrogated (the police are asking you questions designed to elicit an incriminating response).

So, let’s break that down.

What does “in custody” mean?

Texas follows the federal standard: would a reasonable person in your situation feel free to leave?

Being handcuffed, locked in a room, or placed in a patrol car typically qualifies. But a traffic stop? That might not necessarily be considered custody. As a result, your Miranda rights might not apply yet.

What counts as “interrogation”?

Direct questions like “Did you do it?” are obvious. But so are more subtle questions if the goal is to get you to confess. Routine booking questions (name, age, etc.) don’t count as interrogation.

How do you invoke your Miranda rights?

This part is simple but critical. If you want to invoke your rights:

• Be clear: Say, “I’m invoking my right to remain silent” or “I want to speak to a lawyer.”
• Stop talking: Once you’ve invoked your rights, stay quiet. Don’t offer explanations or excuses or try to “talk your way out” of the situation.
• Be calm and respectful: It’s not about being confrontational—it’s about protecting yourself.

Remember to clearly invoke your rights. Don’t be ambiguous. Say, “I want to talk to my lawyer,” not, “Maybe I need a lawyer.”

What not to say to police

Here’s something important to keep in mind: you don’t have to prove your innocence. That’s not your job.

But when you’re scared or feel like you’re being accused unfairly, it’s easy to start explaining. And that’s when people say things they regret. So here’s what to avoid:

• Don’t feel the need to “clear things up.” You might think you’re helping—you’re not. You’re just giving the police more to use against you.
• Don’t answer tricky or leading questions. Officers know how to phrase things in ways that make you look guilty, even if you’re not.
• Don’t lie. Lying to law enforcement can be a separate criminal offense. But remaining silent? That’s your constitutional right.

Exceptions to Miranda in Texas

There are a few limited exceptions to the Miranda rule. One major one is the public safety exception, which allows officers to ask questions without a warning if there’s an immediate threat. For example, this might apply if you might have a hidden weapon that poses danger to others.

Still, that exception is narrow. If police go beyond the immediate concern and start fishing for incriminating details, that’s where you might be able to push back.

What about searches? Can you say no?

In Texas, you have the right to refuse a search if police don’t have a warrant or probable cause. Whether it’s your car, your home, or your pockets—you can (and should) say, “I do not consent to a search.”

The Fourth Amendment protects you from unreasonable searches and seizures. Don’t let anyone make you feel like saying “no” is suspicious. It’s not. It’s your right.

Can you record the police in Texas?

Yes. In Texas, it’s perfectly legal to record police officers in public as long as you’re not interfering with their duties. In fact, having a video record can sometimes make all the difference in your defense. Texas Penal Code § 38.15 prohibits interfering with public duties—but it doesn’t prevent you from recording.

Innocent until proven guilty

If you take one thing away from this, let it be this: being accused of a crime doesn’t make you guilty. Our justice system is supposed to presume innocence, but the reality is that once the police are involved, the cards can start to feel stacked against you.

That’s why knowing and using your Miranda rights is so important. It’s not about hiding something. It’s about protecting yourself from a process that’s already intimidating and can easily be unfair if you’re not careful.

At Mary Beth Harrell Criminal Defense and DWI Lawyers, we believe in fighting for the rights of people—especially when they’re at their most vulnerable. Whether you’re being questioned, arrested, or already facing charges, we’re here to stand up for you. If you or someone you care about is dealing with a criminal accusation in Texas, don’t go it alone. Call us to schedule a confidential consultation.