Legal Question in Criminal Law in Virginia

miranda?

I have read a few articles in the USA Today about miranda rights and I was wondering if one article stated the truth.

It said that even if only being questioned, not yet charged, but the questioning officer is a personal friend that to protect the police officer and yourself that he/she must advise you you of your rights to remain silent and advise you that you entitled to counsel before answering questions that ma incriminate you. Is this true?


Asked on 3/12/04, 10:13 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: miranda?

The criterion which normally triggers the requirement that officers give the Miranda warning to the target of their questioning is whether or not the person undergoing the questioning has been "seized", meaning that she or he is not free to leave or could reasonably conclude from the circumstances that this was the case.

Whether or not the officer(s)doing the questioning is/are personal friend(s) of the person being questioned has nothing to do

with whether or not the Miranda warning must be given.

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Answered on 3/12/04, 11:29 pm
Richard S. Stolker Uptown Law, LLC

Re: miranda?

Miranda rights apply when a person is in police custody, suspected of having committed a crime, which is not the case in the question you posed.

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Answered on 3/13/04, 9:11 am


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