Pelley Law Office LLP
Dallas Office
Plano Office
Sherman Office

No Charge For Initial Consultation ($250 value)

Menu Contact

Over 80 Years Of Combined Experience

View Our Practice Areas

Custodial Interrogations

Texas Code of Criminal Procedure 38.22 only applies to statements that are taken while the defendant is subject to custodial interrogation.  If either the "custodial" or "interrogation" predicates are not me then that section does not apply.

Arizona v. Miranda was the seminal case that guarded against custodial interrogations without the suspect being afforded an attorney.  Most people have heard the Miranda Rights read aloud on T.V...."You have the right to remain silent, you have the right to an attorney, anything that you say can and will be used against you in a court of law...etc."

However, if someone is not in "custody" then the protections do not apply.  In other words, if an objectively reasonable person would feel free to leave the encounter with the police then that person is not in custody.  

On the other hand, if someone is face down on the pavement with handcuffs on and the police officer standing there with a gun to the back of the defendant's head, then he is definitely in "custody."  However, if the cop does not ask him a question and does not read him his Miranda Rights and the defendant blurts out an admission then that may be admissible in court because there was no "interrogation."

No Comments

Leave a comment
Comment Information

Awards & Recognition

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
Map & Directions

Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
Map & Directions

Dallas Office
100 Crescent Court
Suite 700
Dallas, Texas 75201

Phone: 214-733-1775
Map & Directions