Legal Question in Criminal Law in Virginia

Miranda

If a person is arrested for a B/E charge, is read his miranda rights and put in jail,can the police later get him out of jail, read him his miranda rights and question him again about other B/E's or other crimes other than what he is presently arrested and in jail for? If so can you tell me which Supreme Court ruling covers this and how can I locate this ruling on the web so I can read it? Thank you so much for your help.


Asked on 11/22/03, 11:01 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Miranda

The answer, of course, is, yes, but the target of police questioning is, under no obligation

to answer any questions and once this person

has asked for a lawyer, police questioning is suppose to cease.

However, if a suspect has been "mirandized" once,

he may later again be the subject of interrogation by the same or different police officials regarding the same or different matter,

as long as the appropriate Miranda warnings have been given. MICHIGAN v. MOSELEY, 423 U.S. 96,

96 S.CT. 321 (1975) Again. of course, the suspect is under no obligation to answer and

may ask for an attorney and decline to answer any questions.

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Answered on 11/23/03, 11:08 am


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