Legal Question in Criminal Law in Virginia

I was recently arrested for shoplifting. It was my first time, I have no previous record that could be used against me, and I complied very well with them. I was not put in handcuffs or taken to a police station, everything was handled in one of their back rooms at the store. They told me I was being put under arrest, yet my rights were not read to me, is there any way that this will be beneficial to my side of the case?


Asked on 3/02/10, 8:52 pm

1 Answer from Attorneys
David Saiki Law Office of David M. Saiki

What you are describing is your Miranda rights, your right to remain silent. First of all, store detectives do not have to inform you of your right to remain silent. Only police are required to. Second, Miranda warnings only apply to confessions. Did you confess to anything? If not then miranda does not apply. Moreover, even if you did confess, and, say it was possible to supress your statements (see my website for a definition of supression of evidence) the store may have other evidence that is suffcient to convict you, such as video or eyewitness testimony. If this is your first offense shoplifting you might be able to work out something called a deferred disposition in which your charges are dismissed if you are on good behavior for a year or so. Hope this helps.

Read more
Answered on 3/07/10, 9:05 pm


Related Questions & Answers

More Criminal Law questions and answers in Virginia