Legal Question in Criminal Law in Virginia

miranda rights

Is it required for a arresting police officer who came to my house with an arrest warrant and arrests me to read me my rights? second I was called to the sherriffs office for questioning about a complaint against me and interrigated badbly and told I was guilty until I admitted to something I didn't do, I was not read any rights then either, is this right? the investigator also made my husband leave the room and closed the door and at no time told me I did not have to answer her questions, and she didn't tell me I could leave until she got a forced confession out of me, then she said you are free to go for now.


Asked on 2/17/07, 2:33 pm

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

Re: miranda rights

Yes, Miranda rights must be read to one who is detained in police custody, i.e., not free to leave(or reasonably believes that to be the case.) However, one must understand, nevertheless, that a failure to read a detainee his or her Miranda rights, doesn't automatically make the case dismissable, but rather simply means that the prosecutor will not be able to use whatever statements were improperly obtained from the detainee during the police interrogation in order to prosecute the defendant.

If a confession was obtained by coercion or other illegal means, that confession would likely be subject to suppression upon timely motion by the defendant's defense counsel to the court having jurisdiction over the matter.

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Answered on 2/17/07, 4:08 pm
sheryl shane sheryl shane, attorney at law

Re: miranda rights

Miranda comes into play when person is not free to leave and is interrogated.

You should hire an attorney. There may be an issue.

I may be available.

Sheryl Shane, Esq.

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Answered on 2/20/07, 7:13 am


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