QUESTION
When are your miranda rights supposed to be given to someone?
Asked on Dec 07th, 2014 on Criminal Law - Virginia
More details to this question:
My father just recently got indicted on some distribution charges and so far nobody has read him his miranda rights is there a certain time or process that has to occur for them to read him his rights? If miranda rights are not read to him what can be done during court?
1 ANSWER
1 Award
The Miranda rights only have to be read before a custodial interrogation can take place. This means he has to both be in custody (such as under arrest or another situation where he is not free to leave) AND they have to be questioning him. Any admissions he makes during a custodial interrogation where he has NOT been read his Miranda rights first cannot be used against him in court. Other than that, there is no requirement that he be read his rights.
Answered on Dec 08th, 2014 at 8:07 PM