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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4821
Experience:  Experienced in state and federal criminal litigation.
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If you are interviewed by a officer without them reading you

Customer Question

If you are interviewed by a officer without them reading you your rights is that legal ? When the investigator called they said it would just be a interview
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Ely replied 8 months ago.
Hello and thank you for requesting me. Please do not forget to also positively rate the original question (and this one as well when finished), or else I do not get credit for my time with you.
Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
Yes, it is legal. One can be interviewed by the officer without being read legal rights. However, if the person is under arrest OR reasonable feels that they are not free to leave, then whatever was stated in the conversation (and Miranda was not read) may be thrown out as evidence.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 8 months ago.
Okay well i didn't feel like i could leave without them thinking i was guilty if i didn't stay for the whole interview
Expert:  Ely replied 8 months ago.

Thank you for your reply. Please do not forget to rate positively HERE. Thanks. This is the only way I get credit for my time with you in regards ***** ***** previous question.

Did the officer tell you that you would be under arrest if you leave early?

Customer: replied 8 months ago.
No he didn't.
Expert:  Ely replied 8 months ago.

Okay...

Expert:  Ely replied 8 months ago.

Then it is unlikely that whatever was stated would be thrown out.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 8 months ago.
what is the time limit for a subpoena duces tem?
Customer: replied 8 months ago.
what are the requirements for that
Expert:  TexCrimLawyer, J.D. replied 8 months ago.

Hello. I'll be happy to assist you.

First off, I agree with the previous expert. Under the circumstances you've described, the police are under no legal obligation to read you your rights, so your statement is very unlikely to be thrown out.

Expert:  TexCrimLawyer, J.D. replied 8 months ago.

As for a subpoena decues tecum, that is a specific type of subpoena which requires a person to appear in court and bring certain documents. There is no time limit on a subpoena decues tecum, and the only requirements are that the request doesn't violate a person's 5th Amendment privilege, and the request is "reasonable" in terms of its scope.

Expert:  TexCrimLawyer, J.D. replied 8 months ago.

It could theoretically violate a person's 5th Amendment rights if the person is the target of the investigation and they are asking this person to bring documents which may incriminate them.

Customer: replied 8 months ago.
Okay thank you for the information. I know that they were wanting to get the phone records but the text records would only show the date and the number and or the time not the content of the message. i just wanted to know if it was a timeline to do it bc i know it takes 7-10 days to request the records from the phone company.
Expert:  TexCrimLawyer, J.D. replied 8 months ago.

Obviously, if you can't get the records for 7-10 days, there isn't much they can do in order to force you get them sooner. The judge would not hold you in contempt for failing to produce something you have no way of accessing in the time period you were given, so long as you make all reasonable efforts to get them in time.

Customer: replied 8 months ago.
I'm not the one requesting them the officer that interviewed me said that she was going to subpoena them which i know it takes time. this website is to ask questions and that's what i was doing. I don't want to feel like i can't ask questions without feeling dumb.
Expert:  TexCrimLawyer, J.D. replied 8 months ago.

Then I'm not sure what your question is about the subpoena. Could you clarify that a little for me?

Customer: replied 8 months ago.
i was asking what is the process that the officer or whoever is requesting it have to go through to get it. The situation that i'm in there are text messages that were supposedly sent from me and my number but there is no proof that i am the one that actually sent the message which come to find out someone got on a spoof website and used my number to send the messages
Expert:  TexCrimLawyer, J.D. replied 8 months ago.

OK. Gotcha.
The officer simply sends the subpoena to the phone provider, and they mail/email/fax back a set of records. All they will get back is a list of phone numbers, both incoming and outgoing, and the duration of each call. What they are able to do with that information depends on the case itself. While I agree that they can't prove that you made or received each call, they can still show a judge or jury that they were made/received from your phone number. It's then up to the judge/jury what, if any, weight to give that.

Expert:  TexCrimLawyer, J.D. replied 8 months ago.

Does that answer your question? If so, please remember to "Rate" my answer before you go. Good luck.