Aldie, VA asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Virginia

Q: If a minor is taken into custody is the arresting officer required to read him his Miranda rights

1 Lawyer Answer
Steve Miyares
Steve Miyares
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: While most police officers will read a person their Miranda rights as soon as they are being arrested, this is not required. The Miranda warnings apply to situations where the person is in police custody and is being questioned by police. So the police are not required to give Miranda warnings until they are questioning the person. If the person makes statements to police without being given their Miranda warnings, then is is possible that those statements might be suppressed and could not be used as evidence against the person. You should not talk about this case anymore on this or on any other public forum. Instead you should speak to an experienced criminal defense attorney in your local jurisdiction to discuss the specific facts and circumstances of your particular case.

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