Legal Question in Criminal Law in Virginia

Re: Miranda rights and Hospitalization order

People are often confused about Miranda rights. They believe that if

for some reason Miranda rights are not read to the accused after he or she is taken into police custody, that the criminal case involving the accused is fatally flawed and consequently subject to dismissal.

Nothing could be further from the truth. All such failures to give Miranda rights signify is that any incriminating information given up by the accused while he or she

is questioned after not having Miranda rights read, is that any such information will not be able to be used by the prosecutor against the defendant in any ensuing prosecution of the case. (This assumes that the defense counsel files an appropriate motion to suppress this evidence.) Other evidence which the police may have obtained independently of questioning the defendant during the period when Miranda rights should've been given, should be available to prosecute and very likely convict the defendant.

Re: Miranda rights and Hospitalization order

As for the second part of your question, the unequivocal answer is, yes, the cops can execute an arrest warrant while you're still jacked up in a hospital bed and need not await any release forms signed by you nor the presentation of any other order(normally) from any quarter before taking you into custody. (As a practical matter, they may hold off awhile before executing the arrest warrant, but, if such a decision is made, you can be assured that officers will be stationed in close proximity to your hospital bedstead until it's determined that you're well enough to leave the hospital and steel bracelets affixed to your wrists to facilitate your transport to the local jail for processing.