Legal Question in Criminal Law in Minnesota

i was questioned about a laptop i stole out of a car while i was at work, i admitted to the theft and gave a voice recorded admission but was never merandised, i gave the laptop back during the interview, was never booked or taken to the police station, i was terminated from my workplace on the spot, and now the investigator that took my statement wont return my calls. i have called and left 3 voicemails over the last 4 days... how do i find out if the victim is pressing charges? i am planning on leaving the midwest soon and heading to school in missouri, i just need to know what to do!


Asked on 6/22/12, 11:40 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Many people believe that they must be read miranda rights when arrested or questioned. That is not true. Miranda rights only need be read when two circumstances are present - (1) the person is in custody; and (2) an interrogation occurs. You can be interrogated without being custody and you can be in custody without being interrogated.

"Custody" is defined by case law to be whenever a reasonable person would not feel free to leave based on the circumstances. They need not be arrested. Interrogation means they are asked questions. If they are arrested and no questions are asked, there is no need for Miranda. If miranda is not read and a custodial interrogation occurs, that does not mean a case is dismissed. Instead, it is a basis to file a motion to suppress and statements made and any evidence that results from that interrogation. If there is sufficient independent evidence to proceed after that, the case may still go forward.

Victims do not press charges . Only prosecutors may press charges. If the matter was investigated by police, it is likely charges will be filed.

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Answered on 6/22/12, 12:35 pm


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