Asked in Criminal Law and Constitutional Law for Virginia

Q: Indicted by the grand jury

If you are arrested by a police officer and the officer says that you have been indicted by the grand jury do they still have to read you your Miranda Rights

1 Lawyer Answer
Brian M. Latuga
Brian M. Latuga
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: One has nothing to do with the other. Indictment by a Grand Jury results in a charging document. Miranda rights are required after a custodial arrest and questioning about the subject of the arrest. A police officer can make an arrest on an indictment and simply not ask any questions about the subject of the indictment to lead to incriminating statements. Police officers don’t need to read Miranda quite as often as the general public believe.

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