Rights are not self-executing. Every one of them can be waived — and most are waived by people who did not know they were doing it. Brian Foley lists the rights that matter in this video; here is how each is kept or lost.
1. The right to remain silent
Kept by: saying "I'm invoking my right to remain silent." Lost by: answering "just a few questions." See Texas right to remain silent.
2. The right to counsel
Kept by: saying "I want a lawyer" — clearly, not "maybe I should get a lawyer." Lost by: continuing to talk after asking, or signing a waiver at magistration.
3. The right to refuse a search
Kept by: "I don't consent to any searches." Lost by: "Go ahead, I have nothing to hide." See refusing a police search.
4. The right to a speedy, public jury trial
Kept by: pleading not guilty and setting the case for trial. Lost by: pleading guilty — every plea is a waiver of the jury — or by agreeing to repeated resets without ever asserting the right.
5. The right to confront witnesses
Kept by: a lawyer who objects to hearsay and insists the complainant testify in person. Lost by: stipulating to reports and statements, or failing to object.
6. The right to compulsory process
The right to subpoena witnesses and records in your favor. Kept by: a lawyer who identifies and subpoenas them before the deadline. Lost by: waiting.
7. The presumption of innocence
Kept by: holding the State to proof beyond a reasonable doubt at trial. Lost by: a plea, or by a jury that was never asked to take the presumption seriously in voir dire.
Each of these lives in the U.S. Constitution and in Article 1.05 of the Texas Code of Criminal Procedure. None of them helps you unless someone asserts it. Brian Foley and Luis Baez assert them for a living. Call or text (713) 703-1718.