P.O. Box 200842
Austin, Texas 78720
(512) 619-8639
Fax (512) 372-1645

Oprima aquí para información en Español "Seguro que hablamos Español” [email protected]

Practice Areas

Our office enjoys handling a wide variety of legal matters including:

  • Commercial / Business litigation (including breach of contract).
  • Mediation services.
  • Complex multi-party litigation.
  • Business and Real Estate Disputes.
  • Construction litigation.
  • Landlord / Tenant disputes.
  • Business torts including fraud and misrepresentation.
  • Personal Injury Litigation.
  • Appellate brief writing and appellate argument.
  • Alternative Dispute Resolution.
  • Medical Malpractice (prosecution and defense).
  • Texas Deceptive Trade Practices Act claims.
  • Negligence.
  • Breach of fiduciary duty.
  • Administrative Law (including representing health care professionals before boards and the State Office of Administrative Hearings “SOAH”).
  • Criminal law defense (federal court).
  • Ad valorem (property) tax disputes.
  • Insurance / Disability disputes and litigation.
  • Real estate title examination and related issues.
  • Real estate contracts and leases.
  • Foreclosures.
  • Will preparation.
  • Creditor's rights.

Criminal suspects must assert their Miranda rights

On June 1, 2010 the U.S. Supreme Court in Berghuis v. Thompkins decided that a suspect who is advised of their Miranda right to legal counsel and to remain silent to avoid self incrimination, must express that the suspect wants to invoke their right, or subsequent statements can be used against them.  In the case at issue, Van Thompkins was advised of his Miranda rights, but Thompkins never said he wanted to remain silent, or that he did not want to talk or that he wanted an attorney.   Three hours later into the interrogation, when asked if he prayed to God to forgive him for the shooting, he answered “yes” and he sought to suppress this statement from being used as evidence against him.   The U.S. Supreme Court however said that after being given a Miranda warning, police may interrogate a suspect who has neither invoked nor waived their Miranda rights and that a 3 hour interrogation is not inherently coercive.   The Court held that since Thompkins had not expressly invoked his Miranda right, the police were not required to end the interrogation and that the suspect waived his right to remain silent by voluntarily making a statement to police.

Background image courtesy of Akumar