Legal Question in Criminal Law in Virginia

i want someone to review the circumstances of an arrest where i believe Miranda right were violated. need someone who can review the case and transcript of trial pleadings for throwing charges out but judge refused. case is still open for sentencing and we will appeal the guilt charge if a expert concurrs we have a excellent change of Miranda regs throwing charges out. we think we have a good change but need a true experienced lawyer in this filed =. Will pay for opinon and for procedding ahead, if it is a go. Charges are for marajuana, use and sell,(0.0032 grams over 1/2 ounce, theft of a laptop,


Asked on 7/29/09, 1:22 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Assuming that a Miranda warning should have been given to the defendant by the arresting officer and for whatever reason was not, that in no way necessarily means that the Commonwealth could not still have proven its case beyond a reasonable doubt by other evidence independent and separate from any that might have been gleaned from the officer's improper interrogation of the defendant without having first given him the required Miranda warning.

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Answered on 8/03/09, 1:47 pm


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