• Skip to primary navigation
  • Skip to content
  • Skip to footer

The Gilbert G. Garcia Law Firm

Board Certified in Criminal Law by the Texas Board of Legal Specialization

  • About
    • Gilbert G. Garcia
    • Our Staff
    • Memberships & Community Affiliations
  • Practice Areas
    • Criminal Defense
      • Alcohol Offenses
        • Administrative License Revocation Hearing (ALR)
        • Boating While Intoxicated (BWI)
        • Driver’s License Suspension
        • Driving Under the Influence (DUI)
        • Minor in Possession
        • Occupational License Process
        • Public Intoxication
        • Texas DWI Penalties, Fines & Sentencing
      • Drug Offenses
        • Manufacture or Delivery of Marijuana, Controlled Substance or Dangerous Drug
        • Possession of Controlled Substance (POCS)
        • Possession of Dangerous Drug
        • Possession of Drug Paraphernalia
        • Possession of Marijuana
        • Was a Drug Dog Used?
      • Assaultive Offenses
        • Harassment
      • Property Offenses
        • Criminal Trespass
      • Fraud Offenses
      • Weapons Offenses
      • Sex Offenses
      • Unlawful Restraint & Smuggling of Persons
      • Bribery & Corrupt Influence
      • Obstructing Governmental Operation
      • Perjury & Other Falsifications
    • Record Cleaning
      • Petition for Expunction
      • Nondisclosure
    • Probation
      • Motion to Revoke and Motion to Adjudicate
      • Early Termination of Probation
      • Modify Conditions of Probation
    • Driving While License Suspended (DWLS) or Invalid (DWLI)
  • Resources
    • GGG Law Blog
  • Payments
  • Contact
  • (936) 756-3333

Miranda Rights

February 24, 2019 By Gilbert G. Garcia

Anniversary of Harris v. New York: Impeaching Miranda

Today marks the 48th anniversary of the landmark Supreme Court case of Harris v. New York[1]. The Harris[2] case marks the first major blow to the landmark holding of Miranda v. Arizona[3]. The case stands as the first major exception to the protections offered by Miranda[4], allowing the state to …

Continue Reading

July 2, 2018 By Gilbert G. Garcia

Anniversary of Berkemer v. McCarty: Guaranteeing Miranda Warnings for all Offenses

Today marks the 34th anniversary of the landmark Supreme Court case of Berkemer v. McCarty[1]. The Berkemer[2] guaranteed the protections afforded by “Miranda Warnings” for all offenses, from the most serious felonies, to the most minor traffic offenses. The Case The case behind Berkemer …

Continue Reading

June 13, 2018 By Gilbert G. Garcia

Anniversary of Miranda v. Arizona: The birth of the Miranda Warning

Today marks the 52nd anniversary of one of the most important landmark Supreme Court decisions in American criminal law, namely the decision of Miranda v. Arizona[1]. Miranda[2] stands as one of the landmark cases in the American criminal justice system. The warning outlined from this case has …

Continue Reading

June 12, 2018 By Gilbert G. Garcia

Anniversary of New York v. Quarles: Public Safety trumps Miranda

Today marks the 34th anniversary of the landmark Supreme Court case of New York v Quarles[1] in which the Supreme Court established the second exception to the holding in Miranda[2]. The public safety exception to the “Miranda Warning” requirement exist when there is an ongoing threat to public …

Continue Reading

December 10, 2017 By Gilbert G. Garcia

Anniversary of Colorado v. Connelly: The Low Bar for Knowing and Intelligent Waiver of Miranda

Today marks the 31nd anniversary of the landmark Supreme Court case of Colorado v. Connelly[1]. This case set a low bar for what counts as a knowing and intelligent waiver of ones Miranda[2] rights, in part to guarantee that statements made by the mentally ill, mentally challenged, and ignorant, …

Continue Reading

June 14, 2017 By Gilbert G. Garcia

Miranda: The Warning You Need

In the history of Supreme Court jurisprudence, there is perhaps no greater rights that has been drilled into the minds of the public than those of the “Miranda Warning”. From movies to television shows, Law and Order to CSI, no phrase is more ubiquitous in cop dramas than the warnings enshrined in …

Continue Reading

May 24, 2017 By Gilbert G. Garcia

Invoking Your Right to Silence, Don’t be Silent About Being Silent!

The protections enshrined in the ubiquitous words of the Miranda rights are meant to protect your right against self-incrimination. However, these rights are not self-executing, and require affirmative invocation in order to be effective. The need for invocation is particularly important regarding …

Continue Reading

March 19, 2015 By Gilbert G. Garcia

Be Careful – What You Say or Your Silence Can Be Used Against You

When a suspect is in police custody and being questioned by an officer, Texas law requires police officers to meet multiple conditions and give the suspect various warnings before statements made by the suspect can be used against him at trial. By being aware of these requirements, Texas residents …

Continue Reading

May 22, 2014 By Gilbert G. Garcia

Pre-Miranda Right to Remain Silent – REVOKED

The right to remain silent is a hot topic of Constitutional rights. In a brief nutshell, this is how the right to remain silent works. A defendant's silence cannot be used in Court to show his or her guilt. When a defendant can invoke this right, however, is a little bit of a tricky concept. First …

Continue Reading

Send Us A Message

Footer

Contact Us

We’re Available Nights & Weekends!
Call NOW For An Appointment!

Phone:
(936) 756-3333

Fax:
(936) 539-4357

Address:
220 N Thompson St #202
Conroe, TX 77301

Follow Us

  • Facebook
  • Twitter
  • Google+
  • LinkedIn

Quick Links

  • About GGG Law Firm
  • GGG Law Blog
  • Disclaimer
  • Online Payments
  • Practice Areas
  • Privacy Policy
  • Resources
10.0Gilbert G. Garcia

Copyright © 2017, The Gilbert G. Garcia Law Firm • Website Design & Marketing Services provided by Hyperform Marketing

We serve the following localities: Conroe, Magnolia, Montgomery, Oak Ridge North, Shenandoah, Spring, The Woodlands, Willis, Montgomery County, Huntsville, Walker County, Baytown, Cypress, Deer Park, Houston, Humble, Katy, Kingwood, Mission Bend, Seabrook, Tomball, West University Place, and Harris County.