Legal Question in Civil Rights Law in Virginia

Miranda

Im doing a mock trial and im trying to convince the judge to accept my motion for dismisal. In the case a woman admited to killing her husband before her rights were read to her. She was placed under arest. Once to the police station they interigated her and never gave her her miranda rights. What do i say to get him to accept my motion?


Asked on 6/11/07, 11:54 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Miranda

Murder charges are not dismissed against a defendant for failure of the arresting officer(s) to read her her Miranda rights. However, it may be that the defendant's confession or other incriminating statements which she may have provided to the interrogating officer(s) should be suppressed as a result of the officer's alleged failure to properly "Mirandize" the defendant before proceeding with the interrogation at the station in which she provided the incriminating information.

However, the prosecutor, nevertheless, may still be able to prove the case against the defendant beyond reasonable doubt using other evidence which already exists (or may be discovered) independently of any that may have been obtained from the improper police interrogation.

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Answered on 6/11/07, 2:20 pm


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