Legal Question in Constitutional Law in Virginia

Re: Miranda Rights

Many people mistakenly believe that a Miranda violation invalidates an arrest or requires that a charge be dismissed. This is simply not the case. If police fail to give Miranda warnings when they are required to do so, the result is that subsequent statements by the defendant cannot be used against him/her in court. If there is enough independent evidence -- as there often is -- the case can proceed.

Your question doesn't indicate whether the police asked you anything. If all they do is arrest you and tell you the charge without questioning you, then there is no Miranda violation.

The question then becomes whether Miranda warnings were required. The warning must be given to a suspect who has been taken into custody, but this does not been he/she has to be taken to a police station or told that he/she is under arrest. All that is required is for the suspect's freedom of movement to be curtailed to a significant degree. For most practical purposes, this seems to occur when a reasonable person in the same position would realize that he/she was not free to leave.

Brief questioning by police is usually not held to amount to custody for these purposes, so such interviews typically do not trigger the requirement for Miranda warnings.

Re: Miranda Rights

Law enforcement is required to issue Miranda rights warnings only when interrogating a suspect who is in custody.