Legal Question in Criminal Law in Virginia
I was charged with Grand Larceny for stealing from my employer. During my initial interview with the police, I was told it was simple questioning and they then coerced me into admitting guilt using the basis of what I told my employer. If I knew, I was under criminal interrogation I would have used my right to remain silent and the presence of an attorney.
Not knowing the Legal System due to never being in trouble, I felt forced to tell the police what I had told my employer. The police officer was asking me very specific details during questioning. Should I have been read my rights?
Also with a first offense in Bedford Co. Virginia what am I looking at in regards to punishment? Would I be able to get my statement inadmissible due to the stress of interrogation? My hands were trembling, heavy sweating, dry mouth, I left the station not even remembering what I had told them due to being upset.
I stole some tablets at CVS where I worked in the pharmacy due to having severe back pain caused from a car accident in 2001. Two other employees were taking this particular medication and talking about how wonderful it was. Working 10 hour days on your feet with no breaks is hard on my back and being the sole provider for my family, I was stupid in thinking to take them for about every other week for 4 months. I had to support my family! I was thinking of getting a letter from my doctor if that would help. My employer did not even question me until I quit my position due to sensitive information being given to employees by our store manager that put my job in severe jeopardy. I had talked to a lawyer and we were planning to sue and I conveyed that to him and I think that is why the company decided to press charges.
1 Answer from Attorneys
Yes, if the questioning at the police department was such that you felt you
were not free to leave, i.e., a custodial interrogation, you should've been
given your Miranda warnings. (This, however, is not clear from the
facts as you've described them.)
But, nevertheless, if you were entitled to these warnings, then your statement
(confession?) should not be admissible as evidence.
Grand larceny is a felony; better get an attorney ASAP to represent you
if you haven't aready done so.
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