No warrant was shown and no rights were read to me

On Tues..June 23rd the police came to my door at 11:30 p.m. my husband answered the door and they asked if I was home he would not give them any information and ask for a warrant..They said they did not need one and they pushed passed him and came into my home where I was in my bedroom with my 5 year old grand-daughter..They said u are under arrest and I said were is the warrant and they did not have one..I said well I am gonna get some clothes on and he would not let me and pushed me down on my bed in front of my grand-baby and handcuffed me leaving bruises on my arms and hips..I got to the station and they still did not have the warrant ava..They had to send for it and I never seen one til the next morning and was never read my miranda rights...Do I have a case at all in the state of Texas?

 a case for what?

Miranda is never required, it simply limits when they can use what you say against you.

If they did have a warrant for your arrest I doubt you have any action for the failure to have it physically present at the time of the arrest.

I have been studing it on the internet and it does say in texas they have to show you a warrant before coming into your home...

As I have been studing on the internet and library in the state of texas it says they have to show you a warrant with in a reasonible amount of time not the next day after the fact...And that if you are being takin into custody they have to read you your rights..

trendydivas04:

if you are being takin into custody they have to read you your rights..

That's absolutely false.  Miranda warnings are required prior to a custodial interrogation, and required ONLY if the state wants to use your statements against you at trial.  The remedy for a Miranda violation is suppression of the statements.

The next day may be a reasonable amount of time.  In any event, the remedy for a failure to show a warrant would likely just be the reissuance of the warrant and then having it served on the defendant.

First, nothing in your post suggests there was any reason that the cops should have read you Miranda warnings.

Second, the cops aren't obligated to show you or your husband the arrest warrant. In fact, they didn't even need to have it in their possession. If a warrant had been issued, that's sufficient. If not, then they've got a problem. Consult with a criminal defense attorney.

trendydivas04:

it does say in texas they have to show you a warrant before coming into your home

And what is "it"? In other words, what exactly did you read that says a cop cannot enter a home to make an arrest pursuant to an arrest warrant without producing a copy of the warrant?

Sorry, but whatever you read is wrong. Perhaps if you provide a link, we can review what you read and explain this a bit more.

 I never seen one til the next morning and was never read my miranda rights...

In my opinion, "Law and Order" and other like TV shows and movies have a lot to answer for.

Real life is not what you see on TV. It's a better story to hear them reading the Miranda as they make an arrest every time. Doesn't mean that's what the law requires - only that the TV writers think it looks good.

Good drama but not reality TV.

cbg:

I never seen one til the next morning and was never read my miranda rights... In my opinion, "Law and Order" and other like TV shows and movies have a lot to answer for.

It is actually the practice of the NYPD (or it used to be as of about 6 years ago) to read Miranda upon arrest.  It was also the practice and policy of most law enforcement agencies in San Diego County when I left there as well.  So, while the display on TV gives a false impression of Miranda, it does hold true with the practice of that agency.

 - Carl