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

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

Asked on July 20, 2015 under Criminal Law, Virginia

Answers:

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

Answered 6 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.


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