Q: In West Virginia are police supposed to read Miranda rights before questioning
Is it true that Miranda rights are only required when the police are questioning you in the context of a criminal investigation and hope to or desire to use your statements as evidence against you in West Virginia
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A:
In West Virginia, police officers are required to read you your Miranda rights before questioning you if you are in custody and they intend to use your statements as evidence against you in a criminal investigation. This means that if you are not free to leave and the police are asking questions related to a crime, they must inform you of your right to remain silent and your right to an attorney.
However, if you are not in custody, such as during a casual conversation or a traffic stop that does not result in an arrest, the police do not need to read you your Miranda rights. The key factor is whether you are in a situation where you feel you cannot leave and the questions pertain to criminal activity.
Remember, if you are unsure about your rights or feel pressured during questioning, it is always best to ask for legal representation before continuing with the conversation. This ensures that your rights are protected throughout the process.
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