Does an officer have to read you your Miranda rights when you get arrested?

Asked on July 20, 2015 under Criminal Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The fact is that the Miranda warning must only be given if a person is in custody and then questioned. That is unless the questioning is incidental to the booking process (i.e. your are asked for your name, home address, etc.). Also, any statements knowingly and voluntarily made (ie the defendant waived their rights) can be used. 

Note: Any questioning before being taken into custody is legal.

 And even if you were not properly Mirandized, your case will not be automatically dismissed. If there is other evidentce you can still be prosecuted, only the statements unlawfully obtained may not be used against you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.